Covers both 309 + 100
309 temp granted first
For spouses and de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens who are outside Australia at the time of application. The 309 is granted first; the 100 permanent visa follows approximately two years later.
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Temporary visa — granted offshore. Allows you to enter and remain in Australia while the permanent visa processes.
Permanent visa — typically granted ~2 years after 309 lodgement. No additional charge.
Must be married to or in a de facto relationship (usually 12+ months) with an Australian citizen, PR, or eligible NZ citizen. Same-sex couples are eligible.
Must be outside Australia at the time of application.
Must be 18 years or older to apply.
Standard health and character requirements apply. Exceptions may still allow grant.
Any debts to the Australian government must be repaid or subject to a repayment agreement.
Sponsors cannot sponsor if they have sponsored another partner within 5 years or sponsored twice previously, except in compassionate circumstances.
Minor children and dependants typically qualify for inclusion in the application. Children who turn 18 during processing may still be eligible if certain criteria are met.
Subclass 445 permits adding children after the application is lodged but before the permanent visa is granted.
Add children after initial lodgement who were not included in the original 309 application.
If your relationship broke down due to family violence after entry on the 309 visa, you may still be granted the 100 permanent visa if other requirements are met, without waiting out the standard two-year period.
Partner visa approval remains possible following sponsor death if you entered on the 309 and the relationship would have continued.
Applicants may retain permanent residency eligibility despite post-lodgement relationship dissolution. Seek legal advice immediately.