Partner (Provisional and Migrant Visa) (Subclass 309/100)

Spouse (temporary and overseas visas) (subclasses 309 and 100) are designed for individuals who are the spouse or de facto spouse of an Australian, permanent resident, or eligible New Zealand citizen this enables them to remain in Australia.

Subclass 309 visas are temporary and issued in advance. It allows the holder to stay in Australia for two years. In the meantime, the holder can apply for a subclass 100 visa, which is a permanent residence visa.

For a spouse (temporary) visa (subclass 309).

• You must apply for and receive a visa decision after you are in Australia.
• You can be the spouse or de facto spouse of an Australian, permanent resident, or eligible New Zealand citizen.
• You must be 18 years of age or older when applying for this visa.
• If your partner is under 18, you need a sponsor who can be the partner’s parent or guardian and be a valid Australian, permanent resident, or New Zealand citizen
• You must meet health and behavioral standards.
• You must pay any outstanding debt to the Australian government before your visa is granted.

For Spouse (Overseas) Visa (subclass 100).

• You must already have a temporary spouse visa (subclass 309).
• You must be married or in a de facto relationship, except in exceptional circumstances.
• You must have followed Australian law and all the conditions of the temporary 309 visa.

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