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Partner (Provisional) Visa for Applicants (subclass 309)

Partner (Provisional) visa for Applicants

Stay

Temporarily until your permanent Partner visa (subclass 100) application is finalised or you withdraw your application.

Cost

From AUD8,850.00

Processing times

For an indication of processing times for this visa, use the visa processing time guide tool. This will show the processing times for recently decided applications. It is a guide only and not specific to your application.

To convey a realistic processing time for on-hand and new applications, processing time data does not include applications previously impacted by Ministerial Direction 80. Applicants impacted by this now superseded Ministerial Direction have been individually contacted and their applications are now being processed.

With this visa you can

  • live, work and study in Australia while we process your permanent Partner visa
  • travel to and from Australia as many times as you want
  • attend free English language classes provided by the Adult Migrant English Program if you are eligible
  • apply for access to Australia's public health care scheme, Medicare.

 

 

You must

  • be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, permanent resident or eligible New Zealand citizen
  • have your spouse or de facto partner sponsor you
  • be outside Australia when you apply for this visa. Family who apply with you must also be outside Australia.
  • be in or outside Australia when we decide your temporary visa application.

Help with your visa

If you are getting help with your visa, before you pay someone, read information on Who can help with your visa application.

With this visa you can

  • stay in Australia
  • work in Australia
  • study in Australia
  • travel to and from Australia as many times as you want
  • attend free English language classes provided by the Adult Migrant English Program if you are eligible
  • apply for access to Australia’s public health care scheme, Medicare.

How long you can stay

You can stay in Australia until your permanent Partner visa (subclass 100) application is finalised or you withdraw your application.

For information on processing times for the permanent stage see Partner (Migrant) visa (subclass 100).

Include family members

You can include members of the family unit in your application either:

  • when you lodge your visa application, or
  • add a dependent child after you lodge your application but before we decide on your temporary visa.

Family members who apply with you must:

  • meet our health requirement
  • meet our character requirement
  • be outside Australia.

Family members who are not coming to Australia might also have to meet our health and character requirement.

Newborn children

For information on what to do if your child is born after you apply see You had a baby.

Cost

The costs below cover this Temporary visa and the Permanent Partner visa (subclass 100).

AUD8,850.00 for the main applicant.

There is also a fee for each family member who applies for the visa with you.

We can not process your application if you do not pay the correct visa application charge.

You might also have to pay other costs for health checks, police certificates and biometrics.

To work out how much your visa might cost, use the Visa pricing estimator.

The estimator does not take into account the costs for health checks, police certificates and biometrics.

Apply for this visa

You and any family members or dependent child applying with you must be outside of Australia when you apply for this visa.

Your obligations

You and your family members must meet all visa conditions and obey Australian laws.

See what conditions might be attached to this visa on our visa conditions page

If you are outside Australia at the time of visa grant, you must enter Australia before the first entry arrival date (initial arrival date) specified in your grant letter.

Adequate health insurance

Depending on your circumstances, you may be eligible to access Australia’s public health care system, Medicare, while you await a decision on your visa application. For more information see Medicare.

If you are not eligible for Medicare, we recommend you take out health insurance to cover any unforeseen medical treatment you might need in Australia. Otherwise, you will be personally liable for all your healthcare costs while you are in Australia. Insurance can help limit your financial liability. For more information, see adequate health insurance.

Learn more about health insurance for overseas visitors.

Reciprocal healthcare agreements

Some countries have a reciprocal healthcare agreement with Australia. Find out more from Services Australia about reciprocal health care agreement.

Private health insurance

You can get Australian residents' private health insurance if you have:

  • an interim (blue) Medicare card
  • a full (green) Medicare card.

Travel

You can travel to and from Australia as many times as you want.

If you are outside Australia at the time of visa grant, you must enter Australia before the first entry arrival date (initial arrival date) specified in your grant letter.

Visa label

We will digitally link your visa to your passport. You will not get a label in your passport.

Frequently asked questions

A list of common questions and answers about this visa is available at Partner Program Frequently Asked Questions (FAQs).

To be eligible for this visa you must:

  • not had a visa cancelled or an application refused
  • be outside Australia when you apply
  • have a sponsor
  • be the right age
  • meet relationship requirements
  • meet our health requirement
  • meet our character requirement
  • have no debt to the Australian Government
  • best interests of the child.

Not had a visa cancelled or an application refused

We will consider your immigration history when we make a decision on your application, which means you might not be eligible for this visa if you have had a visa cancelled or refused.

 

In some circumstances you may still apply for a permanent visa if you have had a visa cancelled or an application refused.

 

If applying for a visa from outside Australia see Can I go to Australia.

 

If you want immigration assistance, see Who can help with your visa application.


Be outside Australia when you apply

You must be outside Australia when you apply for this visa. Family who apply with you must also be outside Australia.


Have a sponsor

You must have a sponsor when you lodge your application and when you are on this visa.

 

Your sponsor is usually your partner.

 

We must approve your sponsor.

 

You can't change your sponsor. The person who sponsors you when you apply for the visa must be same person who sponsors you for 2 years after we grant your temporary 309 Partner visa.


Be the right age

Married applicants must usually, be 18 or older when they apply. This is because usually, you must be 18 or older to be married under Australian law.

Applicants in de facto relationships must be 18 or older when they apply.


Meet relationship requirements

In most cases, you must be the spouse or de facto partner of an:

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

This applies when you make your application and when your application is being decided.

Your relationship can be with someone of the same or different sex.

If you are experiencing domestic and family violence, we can help you. You can apply for consideration to be granted your temporary and permanent visa. For more information, see Domestic and family violence and your visa.

For more information see Changes in your situation.

Married applicants

You are a married applicant if your marriage is valid under Australian law and:

  • you have a mutual commitment with your spouse to the exclusion of all others
  • your relationship is genuine and continuing.
  • you either live together or don't live permanently apart
  • you are not related by family

To find out if your marriage is valid under Australian law, contact the relevant state or territory agency for births, deaths and marriages.

De facto partners

To be a de facto partner, you must be in a de facto relationship.

You and your partner are in a de facto relationship if:

  • you are not married to each other
  • you have a mutual commitment with your de facto partner to the exclusion of all others
  • your relationship is genuine and continuing
  • you either live together or don't live permanently apart
  • you are not related by family.

Usually you must be in your de facto relationship for at least 12 months immediately before you apply for this visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.

The 12-month requirement will not apply if you can show us compelling and compassionate circumstances exist for you to be granted the subclass 309 visa.

The 12-month requirement also will not apply if:

  • your partner holds or held a permanent humanitarian visa and
  • your de facto relationship existed before we granted their visa and
  • your de facto partner told us about the relationship before we granted their visa .

It also will not apply if:

  • you are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
  • you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages.

Meet our health requirement

You, any member of the family unit or dependent children who apply for the visa with you, must meet our health requirement. Family members who do not accompany you to Australia might also need to meet our health requirement.


Meet our character requirement

You, any members of the family unit, or dependent children who apply for the visa with you, must meet our character requirement. Family members who do not accompany you to Australia might also need to meet our character requirement.


Have no debt to the Australian government

If you or any family members owe the Australian Government money, you or they must pay it back or arrange to pay it back.

This may include family members who do not accompany you to Australia.


Best interests of the child

We might not grant this visa if it is not in the best interests of an applicant under 18.

Step 1

Before you apply

There are things you need to know and might need to do before you apply.

Get help with your application

You can appoint anyone to receive correspondence relating to your visa application.

appoint someone to receive your correspondence, use Form 956A Appointment or withdrawal of an authorised recipient (301KB PDF)

If you need help with your application, you can appoint someone to give you immigration assistance. A person who gives you immigration assistance can:

  • discuss your application with us
  • give us information
  • send and receive correspondence about your application.

We treat any correspondence they send as if it came from you.

If you appoint someone to give you immigration assistance they must be:

  • a registered migration agent
  • a legal practitioner, or
  • an exempt person.

To appoint someone to provide immigration assistance, use Form 956 Appointment of a registered migration agent, legal practitioner or exempt person (225KB PDF).

For more information, see who can help you with your application.

Step 2

Gather and prepare your documents

You should provide all required information with your application, or as soon as possible after you apply. Applications with all required information, including health exams and police checks, can be processed faster.

If more than 18 months has passed since you completed health exams, or more than 15 months has passed since your National Police certificate (NPC) was issued by the Australian Federal Police (AFP), new checks will be required to progress your application.

Ensure that all information you provide is accurate. As a visa applicant, you must prove your identity and provide true information with your application. For more information see Providing accurate information.

Identity documents

Provide a birth certificate showing the names of both parents.

If you can’t provide this, provide the identification page for one of the following:

  • family book showing the names of both parents
  • identification document issued by the government
  • court-issued document that proves your identity
  • family census register.

Also provide:

  • the pages of your current passport showing your photo, personal details and passport issue and expiry dates
  • a national identity card, if you have one
  • proof of change of name, if applicable, such as:
    • a marriage or divorce certificate
    • change of name documents from an Australian Registry of Births, Deaths and Marriages, or the relevant overseas authority
    • documents that show other names you have been known by.

Character documents

To show that you meet our character requirements you need to provide:

  • an overseas police certificate from every country, including your home country, where you spent 12 months or more in the last 10 years since you turned 16
  • military service records or discharge papers if you served in the armed forces of any country.

For immigration purposes, police certificates are valid for 12 months from the issue date.

To get an overseas police certificate, see Offices and locations.

Complete and attach to your application Form 80 Personal particulars for assessment including character assessment (596KB PDF)

Provide an Australian National Police Certificate if you have spent a total of 12 months or more in Australia in the last 10 years since you turned 16.

We only accept complete disclosure National Police Certificates issued by the Australian Federal Police. We do not accept standard disclosure certificates or national police certificates issued by Australian state or territory police.

To get an Australian police certificate see National Police Checks.

Evidence of relationships

You need to provide evidence of:

  • your relationship with your partner
  • any former relationships
  • supporting evidence of your relationship and
  • any dependants you have.

Your relationship with your partner

You need to provide evidence of your relationship with your partner. This evidence must show that:

  • you have a mutual commitment with your spouse of de facto partner to the exclusion of all others
  • your relationship is genuine and continuing
  • you either live together or don't live permanently apart
  • you are not related by family.

Relationship history

Tell us in writing about:

  • how, when and where you first met
  • how the relationship developed
  • when you moved in together, got engaged or married
  • what you do together
  • time you spent apart
  • significant events in the relationship
  • your plans for the future.

Relationship documents

If you are married, provide your marriage certificate or other evidence that your marriage is valid in Australia.

If you are a de facto partner, you need to provide evidence of your de facto relationship.

Evidence of your de facto relationship

In addition to documents proving your relationship, show us you have been in your de facto relationship for at least 12 months before you applied for this visa.

If you haven't been with your de facto partner for 12 months, you can:

  • provide evidence you have registered your relationship with an Australian births, deaths and marriages agency or
  • tell us in writing about any compelling and compassionate circumstances for us to grant the visa.

Supporting evidence of the relationship

You also need to provide the below supporting evidence of your relationship.

Finances

Evidence you and your partner share financial matters. Evidence can include:

  • joint mortgage or lease documents
  • joint loan documents for major assets like homes, cars or major appliances
  • joint bank account statements
  • household bills in both names.

Your household

Evidence you and your partner share domestic matters. Evidence can include:

  • a statement about how you share housework
  • household bills in both names
  • mail or emails addressed to you both
  • documents that show joint responsibility for children
  • documents that prove your living arrangements.

Social matters

Evidence that others know about your relationship.

You must provide statements from 2 witnesses who:

  • are 18 years old or older
  • know you and your spouse or partner
  • know about your relationship.

Statements from witnesses can be done by completing Form 888 – Supporting statement in relation to a Partner or Prospective Marriage visa application (241KB PDF).

If the witness is an Australian citizen or permanent resident, provide evidence of this such as a passport or birth certificate.

Evidence can also include:

  • joint invitations or evidence you go out together
  • proof you have friends in common
  • proof you have told government, public or commercial bodies about your relationship
  • proof you do joint sporting, cultural or social activities together
  • proof you travel together.

Commitment

Evidence you are committed to a long-term relationship with each other. Evidence must show that you:

  • have knowledge of each other’s background, family situation or other personal details.
  • have combined your personal matters
  • stay in touch when apart
  • are not related by family.

You can also provide the terms of your wills as evidence.

Former relationships

If you have previously been married, widowed, divorced or permanently separated, provide divorce documents, death certificates, separation documents or statutory declarations.

Dependants under 18 documents

For every dependant under 18 years old who is applying with you, provide:

  • identity documents
  • evidence of your relationship with your dependant, like a birth or marriage certificate
  • character documents, if the dependant is 16 or 17 years of age
  • adoption papers or parental court orders, if applicable
  • evidence of enrolment at school, college or university, if applicable
  • evidence of sole custody, if applicable.

Parental responsibility documents

You must get consent for any applicant under 18 years of age to migrate to Australia from anyone who:

  • has a legal right to decide where the child lives and
  • is not coming to Australia with the child.

They must complete:

  • Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years (240KB PDF) or
  • a statutory declaration giving their consent for the child to visit Australia on this visa.

Include:

  • an identity document that shows the signature and photo of the person who completed the form or declaration, such as a passport or driver’s licence
  • adoption papers or other court documents, if applicable.

Alternatively, you can show us:

  • an Australian court order that allows your child to migrate to Australia, or
  • that the laws of the child's home country allow them to leave their home country.

Dependants over 18 documents

To include your child who is over 18 in your visa application, they must be:

  • over 18 years of age but not yet turned 23, and dependent on you or your partner, or
  • over 23 years of age and unable to earn a living to support themselves due to physical or cognitive limitations and dependent on you or your partner.

Provide:

  • identity documents
  • documents about their other relationships, if applicable
  • character documents.

You must also provide evidence the child is dependent on you. This includes:

  • evidence of your relationship with the dependent such as a birth certificate or adoption papers
  • evidence of financial dependence such as bank statements, money transfers and rent receipts
  • a completed Form 47a Details of a child or other dependent family member aged 18 years or over (241KB PDF).

If the child is aged 23 or is likely to turn 23 while your application is being processed, you must also provide a report from a qualified medical practitioner that states they are dependent on you or your partner due to the total or partial loss of their bodily or mental functions.

Prepare your documents

Translate

Have all non-English documents translated into English.

Provide original and translated documents in your application.

Translators in Australia must be accredited by the National Accreditation Authority for Translators and Interpreters.

Translators outside Australia do not have to be accredited. On each translation, they must include their:

  • full name
  • address and telephone number
  • qualifications and experience in the language they are translating.

These details must be in English.

Scan or photograph

Scan or photograph all documents (English and non-English) in colour.

The scans and photos must be clear enough to read.

If a document is more than one page, save it all as one file.

You do not need to have any documents certified.

Step 3

Apply for the visa

You must apply:

  • online
  • outside Australia.

How to apply

  1. Login to ImmiAccount. If you do not have an ImmiAccount login, you will be asked to create a new account.
  2. Select ’New application’
  3. Select ’Family’
  4. Select ‘Stage 1 – Partner or Prospective Marriage Visa ‘
  5. Complete your application
  6. Pay the visa application charge
  7. Submit your application and give your transaction reference number (TRN) to your sponsor. Your sponsor will need the TRN to apply for sponsorship.
  8. Attach supporting documents to your completed application.

We cannot process your application if you do not pay the correct visa application charge.

To find information for how to apply as a sponsor, click on the “Personalise this page..” toggle above to view this information.

The partner visa application form will ask you for your own phone number and email address. It is important to provide your own contact details in case we need to contact you directly about your application.

Keep a copy of your completed application.

You can attach up to 100 documents for each person on your application.

The attachment limit cannot be increased.

If you reach the attachment limit for an applicant, you can attach more documents to other clients on the application.

Step 4

After you apply

We will let you know when we have received your application.

Organise health examinations

You need to have health examinations. To allow your application to be processed more quickly, we suggest you arrange health examinations as soon as you can after you apply.

To organise your health examinations, see What health examinations you need.

For more information on health requirements and examinations, see Health.

Status updates

If your application is within standard processing times do not contact the department We can't provide any further updates on your application's progress. You can see if we have asked for more information in your ImmiAccount.

To see standard processing times for this visa see Global processing times.

Travel

Do not arrange to travel to Australia until we let you know, in writing, that we have granted you the subclass 309 visa.

Biometrics

We might ask for biometrics. We will tell you if you need to provide them.

Attach more information

If you did not attach all documents when you applied, attach them in ImmiAccount as soon as you can.

We will ask you to provide more information if needed.

For more information on attaching documents in ImmiAccount see Applying online or paper.

Add family members

You can add a dependent child to your application before we decide your visa.

Complete and attach to your ImmiAccount Form 1436 - Adding an additional applicant after lodgement (481KB PDF).

After you have attached the form, let us know by using the Partner Processing Enquiry Form.

You cannot add any other family members after you have already applied.

Newborn Children

If you have a baby after you have applied for this visa, you will need to let us know.

For more information, see You had a baby.

Tell us if things change

Tell us if things change after you apply but before we've made a decision.

Things you need to let us know about include:

  • changes to your phone number, address or passport
  • changes to your marital or de facto status
  • the birth of a child
  • any other changes relevant to your application
  • a request to withdraw your application.

For more information, see Change in your situation.

If you are unable to upload the relevant documents to your application in ImmiAccount, you need to contact us using the Partner Processing Enquiry Form.

If your relationship ends

Contact us as soon as possible using the Partner Processing Enquiry Form.

You might still be eligible for a temporary and permanent visa if you are in Australia and your relationship ends or your partner dies.  All information you provide is confidential. For more information, see Your relationship has changed.

If you are experiencing domestic and family violence, we can help you. You may still be eligible for the grant of your temporary and permanent visa if you are in Australia. For more information, see Domestic and family violence and your visa.

Stay lawful

If you travel to Australia on a different visa while your visa is in progress, you are responsible for ensuring that you continue to hold a valid visa for the duration of your stay.

No longer need help with your application

If you no longer want someone to receive your correspondence or provide immigration advice, complete and attach to your ImmiAccount Form 956 Appointment of a registered migration agent, legal practitioner or exempt person (225KB PDF).

After you have attached the form, let us know by using the Partner Processing Enquiry Form.

For more information see Who can help you with your application.

Mistakes on your application

Let us know as soon as you can if you have made a mistake on your application.

Complete Form 1023 Notification of incorrect answers (168KB PDF) and attach it to your application in ImmiAccount.

Step 5

Visa outcome

You can be inside or outside Australia when we decide on your temporary visa application.

We will tell you our decision in writing. Keep a copy of the decision.

If we grant your visa, we will tell you:

  • your visa grant number
  • the date your visa starts
  • your visa conditions, if applicable.

If we refuse your visa, we will tell you:

  • why we refused the visa
  • whether you have a right to a review of the decision.

We will not refund the application fee if we refuse your application.

What you can do on this visa

  • work and stay in Australia until we decide your permanent Partner visa (subclass 100)
  • study in Australia
  • travel to and from Australia as many times as you want
  • attend free English language classes provided by the Adult Migrant English Program if you are eligible
  • enrol in Australia’s public health care scheme, Medicare

How long you can stay

You can stay until we make a decision about your permanent Partner visa (subclass 100) or you withdraw that application.

What you must do on this visa

You and your dependants must meet all visa conditions and obey Australian laws.

Use VEVO to check visa details and conditions.

If you are outside Australia at the time of visa grant, you must enter Australia before the first entry arrival date (initial arrival date) specified in your grant letter.

If the date has passed or will pass before you can travel to Australia, you must ensure that you:

  • hold a valid visa
  • plan to travel to Australia within the next 12 months
  • submit the travel facilitation letter request form.

We may then send you a travel facilitation letter to state that you can enter Australia after the first entry arrival date of your visa.

We will not issue a travel facilitation letter unless there is less than 3 months remaining on your first entry arrival date.

Travel on your visa

You can travel to and from Australia as many times as you want.

If you are outside Australia at the time of visa grant, you must enter Australia before the first entry arrival date (initial arrival date) specified in your grant letter.

Prove you have a visa

Australian visas are digital. We do not put a visa label in your passport. Instead, we link your digital visa record to your passport.

Your visa number is contained in your visa grant letter. Use this number to access your digital visa record in VEVO.

Your digital visa record is also used by:

  • airlines to check your visa before you board your flight
  • Australian government agencies to check your identity and visa conditions
  • employers, banks or other registered organisations to check your visa conditions.

Working

With this visa you will have full work rights and are protected by Australian workplace law. See your workplace rights and entitlements.

Studying

With this visa you will be able to study in Australia. However you will not receive any government support and any study costs will be at your own expense.

Access Australian Government benefits

You might have to wait to access certain Australian Government payments and benefits. Learn more about newly arrived residents' waiting periods from Services Australia.

Bring a family member

Add dependent children to your application

You can't add family members to your visa application after we grant the Partner (Provisional) visa subclass 309.

To include a dependent child in your permanent visa application after we have granted you a subclass 309 visa, but before we have finalised your permanent partner subclass 100 visa, apply for a Dependent child visa (subclass 445).

Once your child holds a Dependent child visa, you can then add them to your permanent partner visa application.

Newborn children

If you have a baby after you have applied for this visa, you will need to let us know. For more information see You had a baby.

Tell us if things change

Things you need to let us know about include:

  • changes to your contact details, address or passport
  • changes to your relationship status
  • the birth of a child
  • any other changes relevant to your application

See what to do if there is a change in your situation.

If your relationship ends

Contact us as soon as possible using the Partner Processing Enquiry Form .

You might still be eligible for a temporary and permanent visa if you are in Australia and your relationship ends or your partner dies. All information you provide is confidential. For more information, see Your relationship has changed.

If you are experiencing domestic and family violence, we can help you. You may still be eligible for the grant of your temporary and permanent visa if you are in Australia. For more information, see Domestic and family violence and your visa.

Do not get another visa

To get the permanent Partner visa (subclass 100), you must hold this subclass 309 visa. If you are granted any other visa, the new visa will replace your subclass 309 visa. This means you can't be granted a permanent Partner visa (subclass 100).

Gather documents for the permanent Partner visa

When we assess you for the permanent visa, you will need to provide additional documents.

For more information see Partner visa (subclass 100).

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