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Provisional Partner visa (subclass 309) and Migrant Partner visa (subclass 100) - offshore 

Who should apply for Partner Visa?

A partner or a spouse of Australian Permanent Resident, Australian Citizen or eligible NZ citizen.

What is the eligibility criteria for Partner visa?

  • Applicant must be married or in a de-facto relationship with Australian Citizen or Permanent resident or Eligible NZ Citizen.

  • Your Australian sponsor needs to be 18 years old and above. In certain circumstances, the sponsor can be younger than 18.

  • The marriage must be valid under the Australian law (ages 16 and 17 must seek parental approval)

  • A couple in a de-facto relationship must be able to prove that the relationship is valid for at least 12 months before submission. (registered relationship exempted)

  • You must be outside Australia at the time of submission and the grant of the temporary visa. You can be inside or outside Australia for the submission and grant of the permanent visa.

  • The applicant can include dependent children and stepchildren in the application. Once the visa is granted, your children will have the same visa conditions as the primary visa holder.

  • In case of a relationship breaking up due to domestic violence after the submission of the temporary visa, the applicant might be eligible to apply for the permanent visa.

How to submit the Provisional Partner visa and Migrant Partner visa?

Both Partner visas must be submitted together, but will be granted in two stages:


Stage 1 – The applicant will apply for the Temporary/Provisional Partner visa (visa subclass 309).

 

Stage 2 – The applicant may be eligible to apply for the Permanent/Migrant Partner visa (subclass 100) only if: 

  • The Temporary visa has been granted, and

  • Two years elapsed from the submission date of the Temporary Partner visa, and

  • As long as the applicant and the sponsor continue to maintain spouse/de-facto relationship

 

The application fees payable to the Department of Home Affairs will be paid at the time of submission of both applications.

Processing time for Partner visa:

 

  • Temporary Partner visa – 11 to 15 months.

  • Permanent Partner visa – 20 to 28 months.

 

If you have been in a long-term relationship before you lodge your application, the Permanent Partner visa (subclass 100) may be granted immediately after the Temporary Partner visa (subclass 309).