The Partner visas (subclasses 309 and 100) allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.

The temporary Partner (Provisional) visa (subclass 309) is granted first and lets you stay in Australia while the permanent Partner (Migrant) visa (subclass 100) is processed.

Obtaining the permanent Partner (Migrant) visa

(subclass 100) is a two-stage process.

To be eligible for a permanent partner visa:

1. You need to be granted a temporary Partner (Provisional) visa. You apply for both the permanent and temporary visas at the same time, and pay only one fee
2. If you are granted the temporary Partner (Provisional) visa, you are eligible to be assessed for the permanent Partner (Migrant) visa (about two years after you lodged the application)

If you have been in a long-term relationship before you lodge your application, the permanent Partner (Migrant) visa may be granted immediately after the temporary Partner (Provisional) visa.

You can include your dependent children or stepchildren in your application. If you are granted the visa, your children will have the same rights and visa conditions as you. There is a fee for any children applying for the visa with you.

You must be outside Australia when you lodge your application and when a decision is made on the Partner (Provisional) visa.

You can be in or outside Australia when a decision is made on the permanent Partner (Migrant) visa.

To be able to get this visa, you must be married or in a de facto relationship with:

• an Australian citizen
• an Australian permanent resident
• an eligible New Zealand citizen
• Your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age

• You must have been in a de facto relationship for at least 12 months

Length of stay

Partner (Provisional) visa:

• you can stay until a decision is made about your permanent

Partner (Migrant) visa

Partner (Migrant) visa:

• you can stay permanently

Listen to the Migrating to Australia podcast episode about this visa