Requirements to be eligible for Partner visa (Subclass 309/100)

You apply for both the Subclass 309 and Subclass 100 visas at the same time. Your application is first assessed for the temporary Subclass 309 visa. If granted, you will later be assessed for the permanent Subclass 100 visa.

Requirements for the Applicant (Partner applying from offshore):

1. Location:

You must be outside Australia when you apply for the combined 309/100 visa. Hence, you must usually be outside Australia when the Subclass 309 (Provisional) visa is granted. And, you can be in or outside Australia when the Subclass 100 (Migrant) visa is granted.

2. Relationship with Sponsoring Partner:

You must be the spouse (legally married) or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

*If married: Your marriage must be legally valid in Australia.

*If de facto relationship: Your de facto relationship must have existed for at least 12 months immediately before you apply. Time spent dating does not count towards this 12-month period.

*12-month requirement waiver: This requirement could be waived if your relationship is registered with an Australian state or territory government agency (if available); or there are compelling and compassionate circumstances (e.g., you have a dependent child with your partner, or your de facto relationship was illegal in your home country).

For both married and de facto relationships, you must show that your current reationship with your eligible sponsor is genuine and continuing. You must also be living together, or don’t live separately and apart on a permanent basis. Finally, you two must be mutually committed to a shared life to the exclusion of all others.

3. Age:

You must usually be 18 years of age or older (as legal marriage or de facto relationships typically require this age). Your sponsor must also usually be 18 or older.

4. Sponsorship:

You must be sponsored by your eligible partner. And this sponsorship must be approved by Department of Home Affairs.

5. Health Requirements:

You (and any dependent children included in your application) must meet Australia’s health requirements. So you must undergo medical examinations conducted by a panel physician approved by the Department of Home Affairs in your country of residence or through Bupa Medical Visa Services if you are in Australia.

6. Character Requirements:

You, and any family members aged 16 years or over included in your application, must meet Australia’s character requirements. So you need to provide Australian police checks and police certificates from any overseas country where you have lived for a total of 12 months or more in the last 10 years since turning 16. If you and any family members have been residing in Australia after receiving your Partner visa (Subclass 309), you must also provide an Australian Federal Police check.

7. Debts to the Australian Government: I

f you or any family members included in your application owe money to the Australian Government, these debts must be repaid, or formal arrangements must be in place to repay them, before the visa can be granted.

8. Previous Visa History:

You must not have had a visa cancelled or a previous application refused under certain circumstances.

Requirements for the Sponsor (Australian Partner):

1. Relationship to Applicant:

You must be the applicant’s spouse or de facto partner.

2. Status in Australia:

You must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.

3. Age:

You must usually be 18 years of age or older.

4. Sponsorship Approval:

You must apply to become an approved sponsor. The Department of Home Affairs will assess your suitability as a sponsor.

5. Sponsorship Limitations:

You cannot sponsor if you have previously sponsored another partner within the last 5 years, or have sponsored two partners in total, or were sponsored as a partner yourself within the last 5 years (exceptions may apply, particularly if there are compelling circumstances like the death of your previous partner or if you have dependent children from the relationship).

6. Character:

You must meet certain character requirements. You will need to provide Australian and/or foreign police checks. You must also give consent for the Department to disclose any of your convictions for previous offences (like those relating to violence or intimidation) to the visa applicant. This is to ensure there is no previous family violence in your history.

7. Provide Sponsorship:

You must agree to provide financial and accommodation support to your partner (and their dependent children included in the application) for their first two years in Australia after they arrive on the Subclass 309 visa.

Checklist for Partner visa (Subclass 309/100)

(This is a general guide. The specific documents required will vary based on your individual circumstances. Partner visa applications are document-heavy, focusing on proving the genuineness of your relationship. Always refer to the document checklist provided by the Department of Home Affairs or our migration agent here when you apply. Applications are typically lodged online.)

A. Applicant’s Identity and Civil Documents:

• Passport (bio-data page, and any pages with amendments, visas, or entry/exit stamps) for you and any migrating dependents.
• Recent passport-sized photographs for you and any migrating dependents.
• Full birth certificate showing both parents’ names for you and any migrating dependents.
• National ID card (if applicable).
• Evidence of name change (if applicable, e.g., deed poll, marriage certificate).

B. Relationship Documents (Important- Evidence of Genuine and Continuing Relationship):

* If Married:

• Certified copy of your official marriage certificate.

* If De Facto Partner:

• Evidence your de facto relationship has existed for at least 12 months prior to application (unless an exception applies). This can include:
• Evidence of your relationship being registered with an Australian state or territory government (if applicable, this can waive the 12-month requirement of living together).

* For BOTH Married and De Facto relationships, provide extensive evidence covering the four broad categories:

1. Financial Aspects of the Relationship:

• Evidence of joint bank accounts, joint ownership of major assets (e.g., house, car).
• Evidence of shared bills, joint loans, or shared household expenses.
• Evidence one partner supports the other financially if applicable.

2. Nature of the Household:

• Statements about how you share household duties and responsibilities.
• Evidence of your living arrangements (e.g., joint lease agreements, mail addressed to both of you at the same address).
• If you have children together, their birth certificates and evidence of shared parental responsibilities.

3. Social Aspects of the Relationship:

• Evidence that your relationship is known to third parties (e.g., joint invitations, evidence you attend social events together, joint travel records like flight tickets or hotel bookings).
• Photographs of you together at various occasions and timelines.
• At least two statutory declarations (Form 888) from Australian citizens or permanent residents who know both of you and can support your claims about your relationship being genuine and continuing.

4. Nature of the Commitment to Each Other:

• Written statements from both you (the applicant) and your sponsoring partner detailing:
  * How, when, and where you first met.
  * How your relationship developed.
  * When you decided to marry or commence a de facto relationship.
  * Your domestic arrangements (how you support each other financially, physically, and emotionally).
  * Any periods of separation (explaining when, why, and how you maintained contact).
  * Your future plans together.
• Evidence of ongoing contact during any periods of separation (e.g., call logs, emails, social media messages).
• Terms of your wills, superannuation beneficiary nominations (if applicable).

C. Sponsor’s Documents:

• Completed sponsorship application (usually Form 40SP online, as part of the combined application).
• Evidence of their Australian citizenship (e.g., birth certificate, citizenship certificate, Australian passport), permanent residency (visa grant notice, passport with PR evidence), or eligible New Zealand citizen status.
• Evidence of identity (e.g., driver’s licence, passport).
• Australian Federal Police certificate and/or foreign police certificates as required.
• Evidence of their financial capacity may be requested to show ability to meet initial sponsorship undertakings.

D. Health Documents (Applicant and Migrating Family Members):

• You will be instructed when to arrange health examinations with an approved panel physician in your country of residence.

E. Character Documents (Applicant and Migrating Family Members 16+, and Sponsor):

* For Applicant and migrating family members 16+:

• Police certificates from every country where you/they have lived for a total of 12 months or more in the last 10 years since turning 16.
• If applicable, military service records or discharge papers.
• Completed Form 80 – Personal particulars for assessment including character assessment.

* For Sponsor:

• Australian Federal Police certificate.
• Overseas police certificates if they have lived overseas for 12 months or more in the past 10 years since turning 16.

F. Documents for Accompanying Dependent Children:

• Identity documents as per Section A.
• Relationship documents proving their relationship to you (e.g., birth certificates, adoption papers).
• Evidence of their dependency on you (e.g., if over 18, evidence of full-time study and financial reliance).
• If a child under 18 is migrating and the other parent is not migrating or does not have custody, provide consent forms (e.g., Form 1229 or statutory declaration from the non-migrating parent) or relevant court orders showing you have sole custody/right to determine where the child lives.
• Health and character documents for each child as required.

G. Other Forms (usually submitted as part of the online application):

• Visa application (e.g., Form 47SP Application for migration to Australia by a partner – usually online).
• Form 956A Appointment or withdrawal of an authorised recipient (if applicable).
• Form 956 Appointment of a registered migration agent, legal practitioner or exempt person (if applicable).

Process for Subclass 100 (Permanent Partner Visa):

Approximately two years after you lodge your initial 309/100 application, the Department of Home Affairs will contact you to assess your eligibility for the permanent Subclass 100 visa. At that time, you will need to provide updated evidence that your relationship with your sponsoring partner is still genuine, continuing, and that you continue to live together (or not separately and apart on a permanent basis). You may also need to provide updated police checks.