Partner Visa Subclass 309 / 100
You need to apply for subclass 309 visa outside of Australia.
The Partner (Provisional) visa (subclass 309) is the first stage towards the permanent Partner visa (subclass 100). You only need to lodge one application for both your temporary and permanent visas and pay one application charge. However, your partner visa application is processed in two stages.
When you apply for and are granted the first stage – the Partner (Provisional) visa (subclass 309) – you must be outside of Australia.
When you are granted the second stage – the Partner visa (subclass 100) – you can be in or outside of Australia.
How to apply for the Partner Visa subclass 309
The 309 visa requires a visa sponsor and a visa applicant who are married or in a de facto relationship.
Step 1. The visa applicant gathers all required documents. You will need:
A birth certificate showing the names of both parents.
Identification pages of a family book showing the names of your parents
Identification document issued by the government
A court issued document that proves your identity
Identification pages of a family census register
The personal pages of your current passport that shows your photo and personal details.
A national identity card if you have one.
Proof if you have changed your name such as a marriage or divorce certificate, change of name documents or other documents that show other names you have been known by.
Proof of the relationship with your partner
You can do this by providing a marriage certificate, if you are married. If you are in a de facto relationship, you will need to establish that you and your partner are in a de facto relationship. The proof needs to show that:
you are not married to each other;
you are committed to a shred life to the exclusion of all others;
your relationship is genuine and continuing;
you live together or do not live separately and apart on a permanent basis;
you are not related by family.
To do this, you will need to detail in writing:
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 your relationships;
your plans for the future.
Provide evidence of how you and your partner share financial matters. This could be a joint mortgage, lease, loan, bank account statements or household bills in both names.
Provide proof of how you and your partner share domestic matters. This could be a statement about how you share housework, have household bills in both names, emails addressed to both of you, documents that show joint responsibility for children and/or living arrangements.
To show how you are committed to a long term relationship. You can do this by showing proof that you have knowledge of each other’s background, family situation or personal details, proof you have combined personal matters, the terms of your will, proof you stay in touch when you’re apart.
Present proof that other people in your social network know about your relationship. This could be in the form of joint invitations or proof you go out together, proof you have friends in common, government, public or commercial bodies know about your relationship, proof you travel together.
You will also need to provide 2 statutory declarations from people who know about your relationship, such as your parents, relatives or friends.
Together at least 12 months
Your de facto relationship must have lasted for at least 12 months before you apply for the visa. Dating or online relationship does not count.
There are some exceptions to this, such as if you have already registered your relationship with an Australian birth, death and marriage agency or if you can give a compelling and compassionate circumstances why you should be granted the visa.
If you have been married previously but are now widowed, divorced or permanently separated, you will need to provide relevant documents detailing this, such as a death certificate, divorce documents.
You will need an Australian police clearance. This must be a Complete Disclosure National Police Certificates issued by the Australian Federal Police. These should be no older than 12 months at the time you submit your visa application.
Overseas police clearances: You need to provide a police certificate from every country (including your home country) in which you have spent a total of 12 months or more in the last 10 years since turning 16 and also police clearances for each country you have lived in since.
If you have served in the armed forces of any country, you will need to include your discharge papers and military service record.
Dependents under 18 years old
You will need to provide identify documents, proof of your relationship, character documents if your child is over 16 years old, enrolment at an educational institution, proof of sole custody if required.
Step 2. Apply for the 300 visa and submit your supporting documents.
When your application for the 309 visa is ready to lodge, you must be outside of Australia.
This is also when you pay your visa application fee.
You will receive your transaction reference number (TRN).You will need to provide this number to your Partner visa sponsor.
Step 3. Your sponsor (being your partner or spouse) submits their sponsorship application with your TRN.
The sponsor needs to prove they are an Australian citizen, an Australian permanent resident or a New Zealand citizen.
Police Certificates: The sponsor also needs to provide an Australian police certificate. This needs to be a National Police Certificate from the Australian Federal Police.
You also need police certificates from every country you have spent 12 months for the past 10 years since you turned 16.
If you are sponsoring on behalf of your child
If you are sponsoring the applicant on behalf of your child who is married to the applicant but under 18, provide:
- a court document allowing the marriage between your child and the visa applicant
- proof that you are the parent or guardian of your child
You will also need to provide consent for the immigration department to disclose any convictions of relevant offense to the visa applicant you are applying to sponsor.
Once you have gathered all your documents – and the visa applicant has submitted their application.
As the sponsor, you will receive confirmation your application has been received and whether it has been accepted.
What happens after you submit your 306 visa application?
You will receive confirmation that your visa application has been received.
Travelling to Australia: the immigration department will advise when you can travel to Australia while you wait for your visa to be processed. Do not attempt to travel to Australia until you have received the ok to do so even if its just for a visit as this could impact your 306 visa application.
Health checks: while your application is being processed, you will be asked to carry out the required health checks.