Subclass 309 / 100
Introduction
The Partner Visa Subclass 309/100 represents one of Australia’s primary pathways for international couples seeking to reunite and build their lives together in Australia. This comprehensive two-stage visa process allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live permanently in Australia.
What is the main difference between Subclass 309 and 100?
The Subclass 309
- This visa serves as the temporary first stage of the partner visa pathway.
- This provisional visa allows applicants who are outside Australia at the time of application to enter and live in Australia temporarily while their permanent visa application is processed.
The Subclass 100
- The Subclass 100 visa is the permanent stage that follows the provisional visa.
- Once granted, it provides Permanent residence in Australia.
- Ability to sponsor eligible family members for Australian visas, Pathway to Australian citizenship when eligible. Indefinite stay, work, and study rights in Australia.
Eligibility Requirements for 309/100 Partner Visa
For the Applicant
Applicants must meet several critical requirements to qualify for the 309/100 visa pathway :
- Age Requirement: Must be 18 years or older at the time of application
- Location: Must be outside Australia when applying for and when granted the Subclass 309 visa
- Relationship Status: Must be married to or in a de facto relationship with the sponsor
- De Facto Relationships: Must have lived together for at least 12 months before application
- Health and Character: Must satisfy health examinations and character requirements
- No Outstanding Debts: Must have no outstanding debts to the Australian government
For the Sponsor
The Australian partner must meet specific eligibility criteria:
- Citizenship Status: Must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
- Age Requirement: Must be 18 years or older
- Sponsorship Limitations: Cannot have sponsored more than two people for partner visas during their lifetime
- Previous Sponsorships: If previously sponsored a partner, at least 5 years must have passed since the last sponsorship
- Character Requirements: Must have a clean criminal record and satisfy character requirements
Relationship Requirements
The relationship must demonstrate several key characteristics:
- Genuine and Continuing: The relationship must be authentic and ongoing
- Mutual Commitment: Both parties must show commitment to a shared life, excluding all others
- Cohabitation: Couples must live together or not live separately permanently
- Valid Marriage: For married couples, the marriage must be valid under Australian law
Required Documents for a 309/100 Visa
To prove the genuineness of the relationship, applicants must provide evidence across four key documents:
Core Documents
- Form 47SP (partner application) & Form 40SP (sponsorship)
- Passports & birth certificates (applicant & sponsor)
- Marriage certificate OR 12+ months cohabitation evidence (for de facto)
- Sponsor’s Australian citizenship or residency proof
- Two recent passport photos (both)
Relationship Evidence
- Joint bank statements (6+ months)
- Joint lease/mortgage & household bills
- Photos & communication history
- Statutory declarations from friends/family (min 2)
- Statements from both partners showing commitment and plans
Health & Character
- Medical exams & chest X-rays
- Police clearances from all countries lived in for 12+ months (last 10 years)
- HIV tests (if applicable)
Dependent Children (if included)
- Child’s passport, birth certificate & photos
- Custody documents & permission from non-accompanying parent
- Police checks and character assessments for children 16+
Application Process
Step-by-Step Overview
1
Preparation Phase
1. Gather required documents across the four pillars of evidence
2. Obtain health examinations from panel physicians
3. Secure police clearance certificates from relevant countries
2
Online Application
1. Create an ImmiAccount through the Department of Home Affairs website
2. Complete Form 47SP (Application for migration to Australia by a partner)
3. Sponsor completes Form 40SP (Sponsorship Form for a Partner to Migrate to Australia)
3
Document Submission
1. Upload all supporting documents through the online portal
2. Organize documents clearly with descriptive file names
3. Pay the visa application fee
4
Processing and Assessment
1. The department assesses the application in two stages
2. Additional information may be requested during processing
3. Health and character checks are conducted
Processing Time & Costs
AUD $9,095
Main Application Fee (covers both 309 and 100 visas)
Additional Fees:
- Additional applicant (18+ years): AUD 4,550 each
- Additional applicant (<18 years): AUD 2,280 each
Processing Times:
- Subclass 309 (Provisional): 5 to 22 months (most within 18-22 months)
- Subclass 100 (Permanent): 8 to 26 months (can be longer in some cases)
Frequently Asked Questions
Visa 309 grants you temporary residence while the government processes your permanent application. Visa 100 provides you with permanent residence, indefinite stay rights, and citizenship pathways.
The government processes provisional 309 visas in 18-22 months. Officials process permanent 100 visas in 8-26 months. The complete pathway takes 2-4 years.
Yes, couples can apply, but they must prove that they have lived together for 12 months or more before applying. Applicants must provide strong evidence showing their genuine, ongoing relationship across financial, household, social, and commitment aspects.
Applicants must stay outside Australia when they apply for visa 309 and when officials grant it. Australian partners (sponsors) must remain in Australia and hold Australian citizenship, permanent residency, or eligible New Zealand citizenship.
Start Your Partner Visa Journey Today
The Partner Visa Subclass 309/100 remains a vital pathway for international couples seeking to build their lives together in Australia. The 2025 updates reflect the Australian government’s commitment to maintaining program integrity while providing appropriate protections for vulnerable applicants. Success in this visa category requires comprehensive preparation, thorough documentation across the four relationship pillars, and careful attention to health and character requirements.
For couples embarking on this journey, professional guidance from qualified migration agents can prove invaluable in navigating the complex requirements and maximizing the chances of a successful outcome.
Ready to start your partner visa journey to Australia? Contact SBS Consultant today for a free consultation. Our experienced migration agents will assess your case and guide you through every step of the visa 820 801 process.
Don’t wait – start your Australian dream today with the trusted experts at SBS Consultant.
