The Partner Visa (Subclass 309 provisional and 100 permanent) is a two-stage application, for applicants who are located outside of Australia. This visa is often referred to as a Marriage Visa, De Facto Visa or Spouse Visa. Regardless of its name, applicants are applying for two connected visas simultaneously. In most cases, the Subclass 309 (provisional visa) will be granted first with a two-year waiting period imposed on the grant of the Subclass 100 Visa (permanent visa).
To be eligible for the Partner Visa applicants must be either married or in a de facto relationship with an Australian partner and can show a mutual commitment to a shared life together to the exclusion of all others.
Married Applicants: To apply for the Partner Visa under the grounds of marriage applicants must either be lawfully married in Australia or lawfully married in the country where the marriage was solemnized. A marriage not recognised in the country in which it was solemnized will not be recognised under Australian Migration Law.
De Facto Applicants: To apply for the Partner Visa under the grounds of de facto applicants must have been in a de facto relationship for 12 months prior to applying for the visa unless there are compelling and compassionate circumstances, or your relationship is registered under an Australian State/Territory law.
Whether they are applying under the grounds of marriage or in a de facto relationship, the following common criteria that apply to all applicants:
- Applicants must be outside of Australia at the time of application lodgement
- Applicants must be sponsored by an Australian Citizen, Permanent Resident or eligible NZ Citizen
- Applicants must be able to demonstrate that the financial aspects, nature of the household, social aspects and commitment to their Australian Partner are sufficiently evidenced
- Applicants must be living, or have lived, with their Australian Partners
- Applicants relationship with their Australian Partners is genuine and on-going
- Applicants must hold a substantive visa of face being assessed against additional criteria
- Applicants must satisfy the Health Criteria
- Applicants must satisfy Character Requirements