Partner Visa (Subclass 309/100)

Who Can Apply

You can apply if you are in a genuine and continuing relationship with your sponsor, who must be an Australian citizen, permanent resident, or eligible New Zealand citizen. Your relationship can be:

• Married: No minimum duration is specified for married couples, though longer relationships provide stronger evidence.
• De Facto Partner: You must have been in a genuine de facto relationship for at least 12 months immediately before applying. This 12-month requirement can be waived if you have registered your relationship with an Australian State or Territory authority, can demonstrate compelling and compassionate circumstances, or held a permanent humanitarian visa and disclosed the relationship before that visa was granted.

You must be 18 years or older (for de facto relationships; marriage typically requires this age anyway under Australian law). You must be outside Australia when you apply, though you can be inside or outside Australia when the visa is decided.

Health and Character

You must meet health requirements, including mandatory examinations by Department of Home Affairs-approved panel physicians. You must also meet character requirements: if you are 16 or older, you must provide police clearance certificates from every country where you have spent a total of 12 months or more in the last 10 years (or since turning 16, whichever is more recent). If you have spent 12 months or more in Australia in the last 10 years since turning 16, you must provide an Australian police certificate from the Australian Federal Police (complete disclosure National Police Certificate).

You must have no outstanding debt to the Australian Government (this may include family members not accompanying you). You must not have had a visa cancelled or an application refused, though re-entry may be possible in some circumstances.

You must be 18 years or older and sign an Australian Values Statement confirming you will respect the Australian way of life and obey Australian laws. If you are under 18, the Department may refuse the visa if it is not in your best interests.

Sponsor Requirements

Your sponsor must:

• Be an Australian citizen, permanent resident, or eligible New Zealand citizen
• Be at least 18 years old
• Not have previously sponsored more than one other fiancé, partner, or spouse for migration to Australia (sponsors are limited to sponsoring two Partner Visa applicants in their lifetime)
• Not have sponsored another partner within the last 5 years
• Have no history of family violence
• Be approved as a sponsor by the Department of Home Affairs
• Provide police clearance certificates from each country where they have spent 12 months or more in the last 10 years (if a child under 18 is included in the application or if the sponsor is an eligible New Zealand citizen)

Critically, the person who sponsors you when you apply must be the same person who sponsors you for 2 years after the temporary visa is granted — the sponsor cannot be changed.

Demonstrating a Genuine Relationship: The "Four Pillars"

The Department assesses relationships across four key areas. You must provide evidence across all of them:

Financial Aspects: Joint bank accounts, shared assets, joint mortgage or lease documents, joint loan documents for major assets, household bills in both names.

Household Arrangements: Evidence of shared domestic matters, including statements about how housework is shared, household bills in both names, mail or emails addressed to both parties, documents showing joint responsibility for children, and documents proving living arrangements.

Social Recognition: Statements from at least 2 witnesses who are 18 years or older, know both you and your sponsor, and know about the relationship (Form 888). Additional evidence can include joint invitations, proof of friends in common, proof of telling government or commercial bodies about the relationship, and proof of joint sporting, cultural, or social activities.

Commitment to the Future: Evidence showing knowledge of each other's background, family situation, or personal details; combined personal matters; staying in touch when apart; and not being related by family. Terms of wills can also be provided as evidence.

No single document proves a relationship — it is the overall picture that matters. A marriage or registration certificate on its own is insufficient.

Subclass 100 (Permanent Visa) Eligibility

To transition to permanent residency, you must:

• Hold a temporary Subclass 309 visa
• Remain in the marriage or de facto relationship (except under special circumstances)
• Obey all Australian laws and conditions of the 309 visa
• Wait a minimum of 2 years after your initial application for the temporary and permanent visas

Exception for Long-Term Relationships: If you have been in a de facto relationship and/or married for at least 3 years before applying, or at least 2 years before applying and have dependent children together, you may be eligible for immediate assessment for the permanent visa after grant of the temporary visa, potentially bypassing the standard 2-year waiting period.

Special Circumstances

Family Violence: If you are experiencing domestic and family violence, the Department may be able to help, and you may still be eligible for consideration to be granted your temporary and permanent visa.

Relationship Ending: You may still be eligible for a temporary and permanent visa if your relationship ends or your partner dies — all information provided is confidential.

Same-Sex Couples: Same-sex couples are fully eligible to apply with no distinction in the application process.