The Partner (Provisional and Migrant visa) (subclass 309 and 100) allows those individuals to live in Australia who are a spouse or de facto partner of an either Australian citizen, permanent resident or eligible New Zealand citizen.

The provisional 309 visa is a temporary visa while the migrant 100 visa is a permanent. The temporary provisional 309 visa is granted first, which allows the applicant to stay in Australia for two years and apply for the migrant 100 visa within that duration.

Eligibility Criteria

For Partner (Provisional) (Subclass 309)

  • You must be outside of Australia when lodging an application and when the decision is made
  • You must be spouse or de facto partner of Australian citizen, permanent resident or eligible New Zealand citizen.
  • You must be at least 18 years of age or more when you apply for this visa (applied to both spouse and de facto partner)
  • You must have a sponsor if your partner is less than 18 years of age (your partner’s parent or guardian who are an Australian citizen, permanent resident or eligible New Zealand citizen.)
  • You must meet health and character requirements
  • You must have repaid all the debts to the Australian government (if any) before the visa is granted.

For Partner (Migrant) (Subclass 100)

  • You must hold a temporary partner visa (subclass 309)
  • You must be in the continued marriage or de facto relationship unless there are special circumstances
  • You must have abide by with all Australian laws and the conditions on temporary 309 visa


Health and Character Requirements

You and all the family members included in the visa application must have:

  • Health check-ups done within 12 months of applying for the visa
  • Police certificate from countries you have lived in for 12 months or more in the past ten years


Obligations for Sponsors

Sponsors must provide following things for two years after the applicant enters Australia on temporary migrant 309 visa:

  • Accommodation
  • Financial support including English language courses if require
  • Other support like child care if require

Are You Confused?

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Registered Migration and Education Consultants

Saloni shah is a registered migration agent in Australia. She has completed graduate certificate in Migration Law from Australian Catholic University (ACU) , Melbourne. She has 5+ years of experience in Australian immigration & education system and has vast knowledge about different Visas and education options. Saloni has successfully dealt with many cases and assisted many clients in their Visa & education process for Australia. Book consultation with her to discuss your case.

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