This document provides an overview of applying for a Partner visa to Australia. It outlines that applicants must be married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. A Partner temporary (subclass 309) visa allows the holder to live in Australia until a decision is made on the permanent (subclass 100) visa application, which allows indefinite residence. The document defines key terms and outlines eligibility requirements and visa validity periods. It recommends generally applying offshore.

1. APPLYING FOR A PARTNER VISA
FOR AUSTRALIA
Offshore Temporary & Permanent
Subclasses 309 & 100

2. Section 1 – An Overview
• The applicant is either married to or meets the
criteria as being in a de facto relationship with
somebody who is;
– an Australian citizen
– an Australian permanent resident
– an eligible New Zealand citizen
You must apply for & be granted this visa to be able to reside
permanently in Australia.

3. What the permanent visa allows
• The holder of the Partner permanent visa
(subclass 100) may;
• Enter or remain permanently in Australia with your
partner
• Work or study in Australia
• Enrol in Australia’s medical benefits scheme, Medicare
• Possibly be eligible for limited social security payments
• Apply for Australian citizenship (subject to residency
eligibility criteria)

4. What the temporary visa allows
• The holder of the Partner temporary visa
(subclass 309) may;
• Enter or remain in Australia with your partner, until a
decision is made regarding your permanent visa
• Work in Australia
• Study in Australia, although you are not eligible for
government funding for tertiary study
• Enrol in Australia’s medical benefits scheme, Medicare

5. Terminology & Responsibilities
• Sponsor & Applicant; the sponsor is the
Australian citizen, permanent resident or eligible
NZ citizen: the applicant is in a married or de
facto relationship with the sponsor prior to
lodging an application for the visa
• Sponsor; must be prepared to sponsor the
applicant & any dependant family members
included in the application and who are migrating
with the applicant

6. Continued
• Applicant; completes & lodge a valid application
including all forms, supporting documentation &
application charges
• Sponsor & Applicant - after temporary visa grant;
sponsor & applicant must maintain their
relationship & meet all legal requirements when
a decision is made on the applicant’s permanent
partner visa, which is normally 2 years from the
time the application was lodged

7. Partner visa validity
• A partner temporary visa (subclass 309) is
normally valid until the decision is made on
the permanent partner visa application.
• A partner permanent visa (subclass 100)
allows the holder to remain in Australia
permanently

8. Some legal definitions
• De jure – legally married as recognised under
Australian law.
• De facto – a person is regarded a the de facto
partner of another person (whatever their gender)
provided;
• They have a mutual commitment to a shared life to the exclusion
of all others
• The relationship between them is genuine & continuing
• They live together or do not live separately & apart on a
permanent basis
• They are not related to each other

9. Continued
• Legality of Marriage - Generally if a marriage
was valid in the country it took place in, it will
be recognised under Australian Law. However,
some exceptions may exist, such as same-sex,
under-age or polygamous marriages. Same-
sex applicants will be recognised as being in a
de facto relationship for the purposes of the
visa application.

10. Continued
• The Relationship – it is important for the
application to demonstrate that you and your
partner have a mutual commitment to a
shared life to the exclusion of all others and
are for all intents living together or if not, that
any separation is only temporary. Also it must
be considered as a genuine & continuing
relationship.

11. Continued
• Unusual Circumstances - in the event of the
sponsoring partner dying whilst awaiting the
permanent visa to be granted in Australia or if
the relationship breaks down & you share
custodial rights to any children under 18 that
you have had, then it may be possible for the
visa to be granted as if the relationship had
continued.

12. Continued
• Sponsorship – the applicant must be
sponsored by an eligible sponsor who is an
Australian citizen, Australian permanent
resident or eligible New Zealand citizen, and
who undertakes the necessary obligations.
Normally, the sponsor will be your partner.

13. Permanent or Temporary Visa?
• Permanent is desirable & is granted to an
applicant whom;
• At the time of applying for the visa, has been in a married or
de facto relationship with their partner for 3 years or more –
or
• At the time of applying for the visa, has been in a married or
de facto relationship with their partner for 2 years or more
and there is a dependent child from this relationship – or
• At the time of applying for the visa, their partner was
granted a Protection visa or permanent visa under the
humanitarian program & the relationship had existed before
the visa was granted and this had been declared to DIAC at
that time.

14. Application Location
• Inside or Outside of Australia? - we
recommend an application is made offshore
for a few reasons.
• The visa may not be granted: so it is far less likely to
cause major disruption to the lives of all involved if it is
made in your country of residence and you await the
visa grant before uprooting your lives
• It is often quicker made offshore
• You have easier access to supporting evidence during
the visa application process as well