Australia Spouse Visa – Partner visa (subclass 309) and Partner visa (subclass 100)

Australia Spouse Visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to travel to and live in Australia.

The Partner visa (subclass 309) is the first stage towards a permanent Partner visa (subclass 100). You lodge only one application for your temporary and permanent visas and pay one application charge. Your application is processed in two stages, about two years apart.

You must be outside Australia when you apply and also when the Partner visa (subclass 309) is granted. You can be in or outside Australia when Partner visa (subclass 100) is granted.

Australia Spouse Visa Requirements

You might be able to get this visa if you are married to or in a de facto relationship with an:

  • Australian citizen
  • Australian permanent resident
  • eligible New Zealand citizen.

You must be outside Australia when you apply.

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.

Married applicants

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 for this visa based on their de facto relationship.

De facto applicants

Your de facto relationship must have existed for at least 12 months before you apply for this visa. Time spent dating does not count towards the length of your de facto relationship.