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.
Partner (Provisional) Visa (Subclass 309) holders can:
To apply for this Partner Visa, candidates must:
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.
Candidates can apply as married applicants if their marriage is valid under Australian law, and:
Candidates must be in a de facto relationship to apply as a de facto partner. That means that:
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 12-month requirement also won’t apply if:
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:
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.
Usually, Subclass 309 Visa applicants must be outside Australia when they apply and when the Department of Home Affairs decides on their visa application.
Yes, applicants may enter Australia to visit while waiting for their Subclass 309 visa's outcome. However, applicants must typically be outside of Australia when the Department of Home Affairs decides on their application.
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