Subclass 310 and 110

This visa is generally for same-sex partners. An Interdependency visa allows you to enter or remain in Australia on the basis of your interdependent relationship with your partner:

• on a temporary visa (usually for a waiting period of approximately two (2) years from the date you applied for the visa)
• on a permanent visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for a Spouse visa.

Your partner must be one of the following:

• an Australian citizen
• an Australian permanent resident
• an eligible New Zealand citizen

This visa is for you if you want to enter Australia on the basis of your relationship with your partner. Your partner must be one of the following:

• an Australian citizen
• an Australian permanent resident
• an eligible New Zealand citizen

The table below gives a summary of what you can do in Australia if you have a temporary or permanent Interdependency visa.

Visa Type	What You Can Do In Australia
Interdependency visa - Temporary (subclass 310)	you are permitted to enter or remain in Australia with your spouse, until a decision is made regarding your permanent visa you are entitled to work in Australia you are entitled to study in Australia, but you will not have access to government funding for tertiary study you may enrol in Australia’s medical benefits expenses and hospital care scheme, Medicare.
Interdependency visa - Permanent (subclass 110)	you are permitted to enter or remain in Australia with your spouse you are entitled to work and study in Australia you may enrol in Australia’s medical benefits expenses and hospital care scheme, Medicare. you may be eligible to receive certain social security payments (as you are exempt from the 2-year Newly Arrived Residents Waiting Period) you may be eligible to apply for Australian citizenship (subject to the residency eligibility criteria)

You must be outside Australia when you lodge your temporary Interdependency visa (subclass 310) application and when your visa is granted.

You may be either inside or outside Australia when your permanent Interdependency visa (subclass 110) is granted.

You apply for both a temporary visa and a permanent visa by completing and lodging one application.

• If you meet all the legal criteria for the grant of the visa, you may be granted a temporary Interdependency visa (subclass 310). This visa remains valid until a decision is made on your permanent visa, which is usually two (2) years after you initially applied for your visa.
• If you still meet all legal requirements when your application is considered after the waiting period, you may be granted a permanent Interdependency visa (subclass 110).

However, you may be granted a permanent Interdependency visa without having to wait if you can demonstrate that, at the time you apply for the Interdependency visa, you have been in an interdependent relationship with your partner for five (5) years or more.

Note: Generally, you should be living with your partner in an interdependent relationship at the time you apply for an Interdependency visa.

Key responsibilities when obtaining and using an Interdependency visa are summarised in the table below.

Person	Responsibility
Sponsor and applicant	Be in an interdependent relationship at least 12 months prior to lodging an application.
Sponsor	Be prepared to sponsor the applicant and any dependent family members also included in the application and who are migrating with the applicant. Complete and sign Form 40SP Sponsorship for a partner to migrate to Australia, and pass it to the applicant for lodgement.
Applicant	Lodge a complete application including all application forms, supporting documentation and application charges. Note: You apply for a temporary and a permanent Interdependency visa at the same time. If you are granted a temporary Interdependency visa, there is no need to lodge another separate application for your permanent Spouse visa. If you can meet all the legal criteria, you may be granted a temporary Interdependency visa.
Sponsor and Applicant	After the grant of a temporary Interdependency visa, the sponsor and applicant must maintain their spouse relationship and meet all legal requirements when a decision is made on the applicant’s permanent Interdependency visa (usually a two year waiting period from the time the application was lodged). A permanent Interdependency visa may be granted at the end of the waiting period if the sponsor and applicant still meet all legal requirements

A temporary Interdependency visa is normally valid throughout the waiting period until a decision is made on your permanent Interdependency visa application.

If you are granted a permanent Interdependency visa, it will allow you to remain in Australia permanently.

Applicant Eligibility

You must be at least 18 years at the time of application.

You must not be in a prohibited degree of relationship. A prohibited degree of relationship is a relationship between a person and his or her ancestor/descendent (ie, between a parent and a child or grandparent and a grandchild) or between a brother and a sister (full or half blood). This applies to natural and adoptive relationships.

You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations. For an Interdependency visa, your sponsor must be your partner.

Generally, this visa is for partners in a same-sex relationship. You and your partner must show a mutual commitment to a shared life to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.

You must show that you and your partner have been in an interdependent relationship for the entire 12 months immediately prior to lodging your application.

Note: The 12-month relationship requirement may be waived if you can demonstrate compelling and compassionate circumstances, such as if cohabitation was not permitted under the law of the country where you lived for the 12 months before you applied for your Interdependency visa.

• You must meet certain health requirements.
• You must meet character requirements.
• If your circumstances, or those of your sponsor, indicate that you or your accompanying dependent family members are likely to become high users of Australia’s social security system, you may need an Assurance of Support (AoS) from an Australian citizen or Australian permanent resident.
• If you need an AoS, the department will send you a letter advising you that you need an AoS, and explaining how to get one.

If you believe you or your accompanying dependent family members have an outstanding debt to the Australian Government, you should contact your nearest departmental office or Australian mission before making an application. You may not be granted a visa until have satisfactory arrangements to pay that debt have been made.

If you are aged 18 years or over, you are required to sign an Australian values statement. The statement is included in your visa application form and all applicants aged 18 years and over will need to sign it to confirm that they will respect the Australian way of life and obey Australian laws. Before signing this statement you are required to have read, or had explained to you, material made available by the government on life in Australia which is contained in the Life in Australia book.

The Life in Australia book provides more information on the values that Australians share and their way of life.

Sponsor Eligibility

To be eligible to sponsor an Interdependency visa applicant, you must be:

• an Australian citizen or an Australian permanent resident or eligible New Zealand citizen who wishes to sponsor the visa applicant as your partner to Australia
• aged 18 years or over
• in an interdependent relationship with your partner.

Eligible New Zealand citizens must have been able to have met certain health and character requirements on their last entry into Australia. If not, they not they may be required to undertake health and character checks.

You may not be able to sponsor your partner if you:

• are not an Australian citizen, Australian permanent resident or eligible New Zealand citizen
• have previously sponsored two other partners for migration to Australia including sponsorships you may have withdrawn where your former partner obtained permanent residence on family violence grounds
• have sponsored another partner within the last five (5) years
• were sponsored as a partner yourself within the last five (5) years
• are the holder of a Woman at Risk visa (subclass 204)

If you are an eligible New Zealand citizen who is sponsoring their partner, you must meet health and character requirements. The department will contact you to advise if you need to undertake health examinations and character checks.

Family Member Eligibility

You may include the following dependent family members in your visa application:

• your dependent children
• your other dependent relatives.

To be included in your visa application, dependent family members must meet the following requirements. All your dependants, whether migrating with you or not, must meet health and character requirements. If not, you may not be granted a Partner visa.

A person is your dependent child if they meet at least one of the following requirements:

• they are your natural, adopted or step child
• they are under 18 years of age
• if they are aged 18 years or over, they have been wholly or substantially dependent on you for a substantial period (at least 12 months) for their basic needs (food, clothing and shelter) and the reliance on you is greater than any other person
• if they are aged 18 years or over, and they are wholly or substantially dependent on you because they have a total or partial loss of their bodily or mental functions that stops them from earning a living (whether or not they migrate with you).

Note: If your child (regardless of their age) is married, in a de facto relationship or is engaged to be married, they will not be considered to be a dependant.

Dependent children may, in some cases, be added to your application after it has been lodged.

A person is your dependent relative if they are one of the following:

• your parent, brother or sister; step-parent, step-brother or step-sister; grandparent, grandchild, aunt, uncle, niece or nephew, step-grandparent, step-grandchild, step-aunt, step-uncle, step-niece or step-nephew,

and all of the following

• not your dependent child
• single, such as a widowed aunt, etc.
• usually resident in your household
• wholly or substantially financially reliant on you for their basic needs such as food, clothing and shelter
• reliant on you for a substantial period (at least 12 months)
• more reliant on you for that support than on any other person or source

All your dependants, whether migrating with you or not, must meet the health and character requirements

Accompanying family members must be of good character to enter Australia. The information you provide in your application will be used to assess your character, and that of any dependants accompanying you to Australia.

All visa applicants aged 18 years or over, are required to sign an Australian values statement. The statement is included in the visa application form and all applicants aged 18 years and over will need to sign it. Before signing the statement, applicants for this visa are required to have read, or had explained to them, material made available by the government on life in Australia which is contained in the Life in Australia book.

The Life in Australia book provides more information on the values that Australians share and their way of life.

Obligations

Applicant Obligations

If you are granted an Interdependency visa, you must adhere to the guidance detailed in the table below.

Visa Type	What You Must Do
Interdependent - Temporary (subclass 310)	Adhere to visa conditions (including entering Australia by the specified initial entry date) and comply with all Australian laws. Continue to meet all legal requirements for visa eligibility from the time you are granted a temporary visa until a decision is made on your permanent visa, which is usually two (2) years after you lodge your application. Immediately notify the office handling your application if: you change address your circumstances change your relationship with your partner ends exceptional and compelling circumstances beyond your control will prevent you from entering Australia by your initial entry date.
Interdependent - Permanent (subclass 110)	Adhere to visa conditions and comply with all Australian laws.

Sponsor Obligations

If you want to sponsor your partner’s visa application to migrate to Australia, you must sign a sponsorship undertaking at the end of Form 40SP.

If you sign this sponsorship undertaking, the following obligations apply while your partner is in Australia on this visa:

• You are responsible for all financial obligations to the Australian Government that your partner might incur while they are in Australia.
• You agree to provide adequate accommodation and financial assistance as required to meet your partner’s reasonable living needs. This assistance would cover their first two (2) years in Australia.
• You are also required to provide financial and other support, such as childcare, that will enable your partner to attend any English classes they need.
• You must provide information and advice to help your partner settle in Australia. This information and advice should include telling your partner about employment in Australia.
• You must immediately notify the department if your relationship with your partner breaks down, or if you withdraw your support for your partner before their application is finalised.

Other obligations apply if, as a sponsor, you have agreed to provide an Assurance of Support (AoS) for your partner.

Charge Type	Charge Amount
Visa Application Charge	$1420