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Partner (Provisional) visa (Subclass 309)

AustraliaFamily

Explore the five recorded questions, answers and sources for this pathway.

Official link

Which family relationships qualify?

The qualifying family relationship is that of the de facto partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The applicant must be in a genuine relationship with that person, be sponsored by them, and be outside Australia, together with any family members applying with them, when the application is lodged.

See recorded sources

Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

The applicant's partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, is normally the sponsor and must be approved by the department. The sponsor cannot be changed after the application is made: whoever sponsors the applicant at the time of application must remain the sponsor for 2 years after the temporary Partner (Provisional) visa is granted, and the sponsor should apply to sponsor as soon as possible after the visa application is lodged.

See recorded sources

What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

Proof differs by relationship type. A spouse must be in a married relationship. A de facto partner must usually have been in the de facto relationship for at least 12 months immediately before applying, though this 12-month rule is waived for compelling and compassionate circumstances, or where the partner holds or held a permanent humanitarian visa and the relationship existed and was disclosed before that visa was granted, or where the relationship is registered with an Australian state or territory authority.

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What important financial, accommodation, insurance or maintenance responsibilities apply?

The applicant and any family members applying with them must meet Australia's health and character requirements (character checks apply to those aged 16 and over), and any debt owed to the Australian Government by the applicant or family members must be repaid or arranged for repayment. Adults must sign an Australian Values Statement. The official source does not state an income, accommodation or insurance requirement.

See recorded sources

How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?

This is a temporary visa and the first step towards the permanent Partner (Subclass 100) visa. While holding it, the applicant can live, work and study in Australia, travel to and from Australia freely, attend free English classes through the Adult Migrant English Program if eligible, and access Medicare. The visa costs from AUD11,710.00, with concessions applying only in limited circumstances. The official source does not state how long the visa lasts.

See recorded sources

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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