The Partner (Provisional) Visa (Subclass 309) lets the de facto partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen live in Australia temporarily.
This visa is the first step towards becoming a permanent resident through the permanent Partner Visa (Subclass 100), and candidates will apply while outside of Australia.
MORE ABOUT THE PARTNER (PROVISIONAL) VISA (SUBCLASS 309)
WHAT THIS VISA ALLOWS:
Partner (Provisional) Visa (Subclass 309) holders can:
- Live, work and study in Australia while the Department of Home Affairs process the permanent Partner Visa application
- Travel to and from Australia as often as desired
- Apply for access to Australia’s public health care scheme, Medicare
THE REQUIREMENTS:
To apply for this Partner Visa, candidates must:
- Be in a genuine relationship with their spouse or de facto partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen
- Have sponsorship from their spouse or de facto partner
- Be older than 18
- Meet Australia’s health and character requirements
THE RELATIONSHIP REQUIREMENTS IN DETAIL:
The Partner (Provisional) Visa (Subclass 309) is for the spouse or de facto partners of Australians or eligible New Zealand citizens. The relationship can be with partners of the same or opposite sex.
Married applicants
Candidates can apply as married applicants if their marriage is valid under Australian law, and:
- The relationship is one of mutual commitment to the exclusion of all others
- The relationship is genuine and continuing
- The spouses either live together or do not live permanently apart
- The spouses aren’t family
De facto partners
Candidates must be in a de facto relationship to apply as a de facto partner. That means that:
- The candidate is not married to their partner
- The relationship is one of mutual commitment to the exclusion of all others
- The relationship is genuine and continuing
- The spouses either live together or do not live permanently apart
- The partners aren’t family
The Australian Department of Home Affairs usually requires a de facto relationship of at least 12 months immediately before applying for the Partner (Provisional) Visa.
The 12-month requirement won’t apply if all of the following are true:
- The candidate's partner holds or held a permanent humanitarian visa
- The de facto relationship existed before Australia granted the humanitarian visa
- The de facto partner informed Australia about the relationship before the Department of Home Affairs granted their visa
The 12-month requirement also won’t apply if:
- The de facto partner is an applicant for a permanent humanitarian visa, or
- The partners have registered their relationship with a relevant Australian authority
FREQUENTLY ASKED QUESTIONS
With a Subclass 309 Visa, candidates can stay in Australia until a Subclass 100 Visa is granted.
Yes, candidates can include immediate family members when lodging their visa application. Candidates can also add dependent children after lodging their visa application but before Australia decides on their visa.
Family members included in the application must:
- meet Australia’s health and character requirements, and
- be outside of Australia.
The Subclass 309 is a provisional visa, allowing candidates to stay in Australia temporarily. The Subclass 100 Visa is a permanent residence visa that lets candidates remain in Australia permanently. Candidates first apply for the Subclass 309 visa and then for the Subclass 100 visa.
Subclass 309 Visa applicants may enter Australia to visit while waiting for their visa's outcome. The visa's requirements state that applicants can be onshore or offshore when the Department of Home Affairs decides on their application.
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