What the visas let you do

Subclass 309 (temporary): travel to, enter and remain in Australia until your permanent Partner (Subclass 100) application is decided (or withdrawn).

Subclass 100 (permanent): live in Australia permanently, work and study freely, access Medicare, sponsor eligible relatives, and travel for 5 years from grant (then apply for an RRV if not yet a citizen).

Who can apply

• You must be the spouse (valid marriage under Australian law) or de facto partner (same-sex or opposite-sex) of an Australian citizen/PR/eligible NZ citizen.
• Marriage: generally both parties 18+ and the marriage must be legally valid.
• De facto: generally 12 months prior to lodgement (or exempt where, for example, your relationship is registered in an Australian state or territory).
• Sponsor: your partner (or their parent/guardian if your partner is under 18) lodges Sponsorship for a Partner to Migrate to Australia. Sponsorship bars/limits may apply.

If you are in Australia, use the onshore pathway (Subclass 820/801).

Location

• At application: you must be outside Australia to lodge the 309/100 combined application.
• At 100 decision (grant): you can be in or outside Australia.

How the timing works

• You lodge one application for both 309 & 100.
• In most cases, you become eligible for the 100 about two years after the original lodgement date (not “after living 24 months on a 309”).
• You will be asked to provide updated relationship evidence for the 100 assessment.

Early grant (no two-year wait) permanent stage

The Subclass 100 may be granted earlier if, at lodgement, any of the following applies:

• Long-term partner relationship (reg 1.03):
  • Longer than 3 years, or
  • Longer than 2 years if you have a child of the relationship (other than a step-child).
• Family violence occurred and the relationship has ceased.
• Death of the sponsor, and you otherwise meet the relationship test and have developed close ties in Australia.
• Child custody/access/maintenance orders involving a child of the relationship.

The same cessation-of-relationship provisions apply in the offshore pathway (100 stage) as they do onshore, and can remove the two-year wait where met.

Evidence the Department will look for

The genuineness of your relationship is assessed against four factors in the regulations:

1. Financial aspects (shared accounts/commitments/insurance/tax)
2. Nature of the household (living arrangements/shared responsibility)
3. Social aspects (how you present as a couple; statements from friends/family)
4. Nature of commitment (length of relationship, future plans, ongoing nature)

Provide clear, consistent evidence across all four where possible.

Fees & other costs

• You pay one VAC (Visa Application Charge) at lodgement for the combined 309/100 application.
• The current VAC is published on the Home Affairs website and changes periodically.
• You may also need to pay for health checks, police certificates, and biometrics.

Processing times

Processing varies with caseload, completeness, and checks. Home Affairs publishes indicative processing times and updates them periodically.

Adding family members

• At lodgement: you can include dependent children/step-children (combined application).
• After lodgement and before 309 decision:
  • Newborn is taken to have applied
  • Other dependent child may be added at the applicant’s request.
• After 309 grant: a dependent child not previously included needs a Subclass 445 Dependent Child visa, then can be added to the pending 100 application

Character, health & “one fails, all fail” tests (summary)

• Primary and secondary applicants must satisfy relevant character, health, values for 18+.
• If a non-applicant family member is identified, they may also need to meet certain (health/character), unless unreasonable (health waiver settings).
• If any minor is included, custody/best-interests must be met.

Sponsor responsibilities & limits

• Sponsorship must be approved and remain in force when a decision is made.
• Limits/bars exist for repeat sponsorships, certain Contributory Parent sponsors, and child-safety concerns.
• The Department may request police checks for sponsors, particularly where children are involved (Child Safeguarding Framework).

Quick comparison — 309 vs 100

Common mistakes to avoid (we’ve corrected these)

• “You must spend 24 months on the 309 before the 100.”
  Incorrect. The law keys off two years from the original combined lodgement, and there are early-grant exceptions (long-term relationship, family violence, sponsor death, child custody).
• “Sponsorship is automatic and unlimited.”
  Incorrect. Sponsorship must be approved and is subject to limits/bars and child-safety checks.