Partner (Provisional) Visa - Subclass 309 Visa
The Subclass 309 Partner (Provisional) Visa is a temporary visa that lets the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen live in Australia. It is the first stage in the partner visa process, allowing you to be in Australia while progressing toward a permanent visa through the Subclass 100.
You’ll apply for both the 309 and 100 visas at the same time, but only the 309 visa will be assessed first, granting you temporary residency. Once you hold the 309 visa, the Subclass 100 application will be assessed later to determine your eligibility for permanent residency. This provisional visa allows you to build your life in Australia while you await the final decision on your permanent visa status.
Benefits of the Subclass 309 Visa
Temporary Residency
Reside in Australia temporarily while waiting for your permanent residency application (subclass 100)
Healthcare Scheme
Access Australia’s public healthcare scheme - Medicare
Work and Study
You have work and study rights in Australia while holding the 309 visa
Permanent Residency Pathway
The Subclass 309 visa is the first step toward gaining permanent residency in Australia through the Subclass 100 visa.
Travel Rights
You are free to travel in and out of Australia during the visa’s validity period.
Subclass 309 Visa
MAIN REQUIREMENTS
To be eligible for the Subclass 309 Provisional Partner Visa, applicants must meet several essential criteria:
Sponsorship
You must have a sponsor both when you apply and throughout the time you hold this visa. Your sponsor will be your fiancé(e), and they must be approved by us to qualify as your sponsor. Your prospective spouse must be an:
- Australian Citizen
- Australian permanent resident or;
- Eligible New Zealand citizen
Current Location Requirement
You must be outside Australia when you apply for this visa.
Age Requirement
You and your sponsor must be 18 years old or older when you apply for this visa.
Visa Application History in Australia
If you've previously had a visa canceled or an application refused, you may not be eligible for this visa.
Health and Character
You and any family members included in your application must meet Australia’s health and character requirements, including medical exams and police checks.
- Not had a visa canceled or an application refused
Relationship requirements:
In most cases, you must be the spouse or de facto partner of an:
- Australian citizen
- Australian permanent resident or
- eligible New Zealand citizen
| You are not married to each other | You and your spouse are mutually committed exclusively to each other. | Your relationship is genuine and continuing | |
|---|---|---|---|
| Married | ✔ | ✔ | |
| De facto partners | ✔ | ✔ | ✔ |
The 12-month requirement may not apply if you can demonstrate compelling and compassionate reasons for being granted the provisional Partner visa (subclass 309). Also, it will not apply if you are in these circumstances:
your de facto partner holds or held a permanent humanitarian visa and
your de facto relationship existed before the DHA granted their visa and
your de facto partner told the DHA about the relationship before their visa was granted
you are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
you have registered your relationship with an Australian State/Territory authority
Supplementary information
Your relationship can be with someone of the same or different sex.
If you are experiencing domestic and family violence, You can apply for consideration to be granted your temporary and permanent visa. More information about the Family Violence Provisions.
Steps to apply for the Subclass 309 Visa
Gather Supporting Documents
Collect evidence that demonstrates your relationship is genuine and ongoing. This includes documents showing shared finances, joint living arrangements, social commitments, and emotional support. You will also need identity documents, health assessments, and police certificates.
1
Submit the Application
Submit your application online through ImmiAccount on the Department of Home Affairs website. You must apply for both the Subclass 309 (provisional) and Subclass 100 (permanent) visas together. Your partner must also complete a sponsorship application.
2
Wait for Processing
The Department of Home Affairs will review your application. You may be asked to provide additional documents during this time. While waiting, you may need to undertake health checks and provide any requested police clearances.
3
Receive Your Visa Decision
If your Subclass 309 visa is granted, you can enter or stay in Australia temporarily while your permanent visa (Subclass 100) is processed. You must continue to meet all visa conditions, including remaining in a genuine relationship with your sponsor.
4
Current Processing Time: Subclass 309 Visa
Several factors can impact your application when it comes to the processing timeline. These include the quality of submitted documents and the volume of applications received by the Department.
| 50% applications are processed in | 90% applications are processed in |
|---|---|
| 13 Months | 23 Months |
Frequently
Asked
Questions
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The current average processing time for the subclass 309 visa is approximately 13 to 23 months (covering 50-90% of applications). This timeframe is only an estimate and may vary. The processing time for your application will depend on your specific circumstances, such as whether all required documents are submitted or if additional checks are needed to confirm eligibility.
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Two years after submitting your combined subclass 309/100 application, Immigration will review your eligibility for the subclass 100 permanent residence visa. At this stage, you will need to provide documents confirming that you still meet the requirements for the subclass 100 visa. Although you will receive a list of required documents, it's a good idea to begin gathering them early using the publicly available document checklist. However, keep in mind that you should submit these documents no more than 1 month before the 2-year mark.
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If your subclass 309 visa is refused, you may be able to appeal the decision through a "merits review" by the Administrative Appeals Tribunal (AAT). However, this option may not be available in every case, as there are strict requirements for the review process. These include specific time limits for submitting an appeal and requirements for who is eligible to apply.
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You cannot change your sponsor. The person who sponsors you when you apply for the visa must be same person who sponsors you for 2 years after we grant your temporary partner visa (subclass 309).