Applicable when you apply from outside Australia, this sub-class 309 visa is the first stage towards a permanent Partner sub-class 100 visa.
The Partner (Provisional) visa sub-class 309 allows you to live in Australia if you are the spouse or de facto partner of:
- An Australian citizen.
- A permanent resident.
- An eligible New Zealand citizen.
Your application is processed in two stages, usually about two (2) years apart.
You must be outside Australia when you apply and also when your sub-class 309 visa is granted. But you can either be in or outside Australia when your Partner sub-class 100 visa is granted.
- You must be in a genuine and ongoing relationship. You must live with your partner or, if you do not, any separation must be only temporary.
- Both parties must freely consent to the relationship.
- You can apply if you intend to marry your partner before a decision on your visa is made.
- In most cases, permanent residence cannot be granted less than two (2) years from when you lodge your application. There are exceptions, and we will advise you if applicable.
Your marriage must be valid under Australian law. Underage, polygamous and same-sex marriages are not legal in Australia. The marriage could be valid under limited circumstances if one person is younger than 18 years of age. Same-sex couples can apply based on their de facto relationship.
De facto applicants
Your de facto relationship must have existed for at least twelve (12) months immediately before applying for this visa. Time spent dating does not count towards the length of your de facto relationship. You might be granted a visa without having been in a de facto relationship for twelve (12) months if:
- There are compelling and compassionate circumstances, such as having dependent children,
- your de facto relationship existed before your partner was granted a permanent humanitarian visa, and you informed about this relationship before the humanitarian visa was granted,
- your de facto relationship has been registered in Australia (although this is not available in all states and territories).
You must be older than 18 years of age and not be related to your partner by family. This means you cannot be an ancestor or descendant of one another, or have a parent in common.
In addition to the requirements above, you must meet the following requirements;
- meet health and character requirements,
- provide biometrics, and
- have no debts to the Australian government.
We will provide you with a realistic assessment of your chances of success with this visa. We will advise you accordingly. Contact us to assess your options.