Partner Visa (Subclass 309 & 100)
Partner Visa
OFFSHORE (Applying from Outside Australia)
The Partner visa allows the partner, spouse, or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.
You apply for both the temporary (Subclass 309) and permanent (Subclass 100) partner visas together.
Subclass 309: Partner Visa (Temporary)
- Allows the de facto partner or spouse to live in Australia temporarily.
- First step towards obtaining the permanent Partner visa (Subclass 100).
- Must be outside Australia when you apply.
Subclass 100: Partner Visa (Permanent)
- Allows the de facto partner or spouse to live in Australia permanently.
- Usually granted to those holding a temporary Partner visa (Subclass 309).
- Important Information
- Applying offshore means you must be outside Australia when you lodge your application and when a decision is made on the temporary Partner visa (Subclass 309).
- For the permanent Partner visa (Subclass 100), you can be in or outside Australia when the decision is made.
If you plan to lodge your Partner visa application independently, be prepared for a detailed process:
- Create an ImmiAccount
- Complete Form 47SP – Application for migration to Australia by a partner.
- Sponsor Form 40SP – Once the main applicant submits their form, the sponsor uses the TRN to submit their own Sponsorship Form.
- Pay the Partner Visa Application Fee
- Review and Submit – Carefully review your application before submitting.
- Attach All Required Documents
- While you can submit your application by post, we recommend lodging online for easier tracking and document attachment.
Visa Pathways and Eligibility
Initially, you will receive a Temporary Partner visa (Subclass 309 if offshore). After two years, you may be eligible for the Permanent Partner visa (Subclass 100).
Eligibility Criteria:
Married Relationship:
- Offshore applicants must be legally married or intend to marry before the Temporary Partner visa decision.
- Note: Certain polygamous, prohibited, and underage marriages are not accepted.
De Facto Relationship:
- Must not be legally married to each other.
- Must be committed to a shared life, genuine and continuing.
- Must live together or not be permanently separated.
- Must not be related by family.
- Usually, the relationship must have existed for at least 12 months before applying. Time spent dating or in an online relationship doesn't count. Exceptions to the 12-month requirement may apply.
Additional Requirements:
- Health and Character: Meet specific health and character requirements.
- Mutual Commitment: Demonstrate a mutual commitment to a shared life to the exclusion of all others.
For detailed eligibility and exemptions:
The Four pillars
Partner Visas: The 4 Main Aspects of the Relationship
To be eligible for a partner visa, you must demonstrate that your relationship is genuine and continuing. Decision makers assess four key factors:
Financial Aspects
Evidence of shared finances indicates a genuine relationship:
- Joint ownership of property or major assets
- Shared financial responsibilities and liabilities
- Combined household expenses and joint bank accounts
Nature of the Household
- Evidence of a shared household includes:
- Joint ownership or lease of residential property
- Shared responsibility for children
- Joint utility bills and household chores
- Mail addressed to both partners at the same address
Social Aspects
- Evidence of your relationship’s social aspects:
- Relationship declared to government and public institutions
- Joint travel plans and future intentions
- Statements from friends and family
- Joint participation in social, cultural, or group activities
Nature of Commitment
- Evidence of mutual commitment and seriousness of the relationship:
- Length of the relationship and cohabitation
- Knowledge of each other’s personal circumstances
- Emotional support and companionship
- Long-term intentions and plans
Checklist
Partner Visa Applicant Document
- Primary Identity Proof (One of the following):
- Birth certificate showing both parents’ names
- Identification pages of a family book showing both parents’ names
- Identification pages of a government-issued ID document
- Identification pages of a court-issued document proving your identity
- Identification pages of a family census register
- Passport: Current passport page showing photo, personal details, issue, and expiry dates
- Photographs: Two recent passport photos (45 mm x 35 mm) with your name printed on the back
- National Identity Card (if applicable)
- Proof of Name Change (if applicable)
- Form 888: Two statutory declarations from supporting witnesses
- Proof of Relationship: Evidence that your relationship is genuine and continuing
- Marriage Certificate (if married)
- De Facto Relationship Proof (if applicable)
Previous Relationships
- Documents: Divorce papers, death certificates, separation documents, or statutory declarations for any previous marriages or relationships
Meeting Australian Visa Health Requirements
- Australia maintains high health standards, and most visa applicants must meet minimum health requirements to be granted a visa. This process is known as meeting the health requirement.
Why You Must Meet the Health Requirement
- Most visa applicants, including some family members not migrating to Australia, must meet the health requirement. Health examinations might be necessary, and results will be assessed by a Medical Officer of the Commonwealth (MOC).
The MOC evaluates if your medical condition might:
- Threaten public health
- Result in significant healthcare and community service costs
- Place a demand on healthcare or community services in short supply
- The MOC's advice is based solely on medical conditions, not personal circumstances like private health insurance or financial ability to pay for treatment. The MOC might also recommend you sign a health undertaking.
- Significant Healthcare and Community Service Costs
- The MOC considers if your health condition could impose significant costs on the Australian community. Cost assessments vary:
- For temporary visas: Costs are calculated for the period of stay.
- For permanent visas: Costs are estimated for up to 10 years or life expectancy.
- A health condition doesn't always mean you'll fail the health requirement due to costs, which depend on the condition's type and severity. Costs of AUD 51,000 or more are considered significant.
- Safeguarding Access to Healthcare and Services
- The MOC also assesses if your condition might limit Australian citizens' or residents' access to scarce healthcare or community services, like organ transplants or dialysis. In some cases, a health waiver might be exercised if granting the visa wouldn't result in significant costs or limit access to these services.
Meeting Character Requirements
To visit or live in Australia, you must meet the character requirements as outlined under section 501 of the Migration Act 1958. This applies to visa applicants and those seeking Australian citizenship. Character requirements are crucial for ensuring safety and integrity in the Australian community. Key considerations include criminal history, involvement in certain organizations, and potential risks to the community. Applicants may need to provide police and military certificates, and disclose all past criminal conduct truthfully. Failure to meet these requirements can lead to visa refusal or cancellation, though there are processes to appeal decisions through the Administrative Appeals Tribunal (AAT).
- Form 80: Personal particulars for assessment (including character assessment)
- Police Certificates
- Military Records: Service records or discharge papers (if applicable)
Sponsor Document Checklist
Sponsorship Application
- Online Submission: Lodge your sponsorship form online after your partner has submitted their visa application and provided you with their Transaction Reference Number (TRN) or application ID
- Identity Documents
- Proof of Citizenship/Residency: Evidence that your sponsor is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
- Proof of Residence: If your sponsor is an Australian permanent resident or eligible New Zealand citizen, provide proof they usually live in Australia
Character Documents
- Form 80: Personal particulars for assessment (including character assessment)
- Police Certificates
- Military Records: Service records or discharge papers (if applicable)
Proof of Relationship (For Both Applicant and Sponsor)
Comprehensive Evidence: Provide as many documents as possible to show your relationship is genuine and continuing, based on the four pillars of the relationship:
- Financial Aspects
- Nature of the Household
- Social Aspects
- Nature of Commitment
For more information
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