Subclass 309 and 100

For people from overseas to enter and stay in Australia with their partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. If two years after you apply the spousal relationship is ongoing, a permanent visa may be granted.

This visa allows you to enter or remain in Australia on the basis of your married or de-facto 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 this visa

Your partner must provide sponsorship for you.

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 Spouse visa.

Visa Type	What You Can Do In Australia
Spouse temporary visa (subclass 309)	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
Spouse permanent visa (subclass 100)	you are permitted to enter or remain permanently 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 two year Newly Arrived Residents you may be eligible to apply for Australian citizenship (subject to the residency eligibility criteria) you are permitted to enter or remain in Australia with your spouse

Note: You may also be eligible to enrol in Medicare, if you are married and have applied for, but not yet been granted, this visa.

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

• If you meet all the criteria for the grant of the visa, you may be granted a temporary Spouse visa (subclass 309). 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 requirements when your application is considered after the waiting period, you may be granted a permanent Spouse visa (subclass 100).

However, you may be granted a permanent visa without having to wait if you can demonstrate one of the following:

• at the time you apply for the visa, you have been in a spouse relationship with your partner for five (5) years or more
• at the time you apply, you have been in a spouse relationship with your partner for two (2) years or more, and there are dependent children of your relationship
• your spouse was granted a Protection visa or a permanent visa under the humanitarian program and you were in the relationship before the visa was granted and this had been declared to the department at the time

Note: Generally, you should be living with your partner in a spouse relationship at the time you apply.

Key responsibilities when obtaining and using a Spouse visa are summarised in the table below.

Person	Responsibility
Sponsor and applicant	Be in a married or de-facto relationship prior to lodging an application. Be prepared to sponsor the applicant and any dependent family members also included in the application and who are migrating with the applicant.
Applicant	Complete and lodge your application including all forms, supporting documentation and application charges. Note: You apply for a temporary and a permanent spouse visa at the same time. If you are granted a temporary spouse 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 Spouse visa.
Sponsor and Applicant	After the grant of a temporary spouse 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 spouse visa (usually a two year waiting period from the time the application was lodged). A permanent spouse visa may be granted at the end of the waiting period if the sponsor and applicant still meet all legal requirements.

If you are granted a temporary spouse visa, it is normally valid throughout the waiting period until a decision is made on your permanent spouse visa application.

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

Married Applicant Eligibility

Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law.

There are some exceptions, such as same-sex, underage or polygamous marriages, which are not accepted in Australia. Same-sex couples are not eligible for this visa and should consider an Interdependency visa.

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. Usually, the sponsor is your partner.

You and your partner must show a mutual commitment to a shared life as husband and wife 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.

Note: Under certain circumstances, you may still be eligible to apply for and be granted, or continue to be an applicant for, a Spouse visa in Australia if:

• your relationship breaks down and you and your partner have custodial rights under the Family Law Act 1975 for any children aged under 18 years that you and your partner may have
• your partner dies, and you can establish that, had your partner not died, the relationship would have continued and that you have developed close ties with Australia

If this situation occurs, you should contact the relevant departmental office in Australia that has been processing your visa application.

To apply outside Australia on the basis of marriage, you must either be legally married to your partner at time of application or intend to legally marry your partner before a decision is made on the temporary Spouse visa.

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.

De-facto Applicant Eligibility

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. Generally, the sponsor is the partner of the applicant.

You and your partner must have been in a de-facto spouse relationship for the entire 12 months immediately prior to lodging your application.

The 12-month relationship requirement may be waived if one of the following situations applies:

• you can demonstrate compelling and compassionate circumstances, such as if you have children with your partner
• all the following circumstances apply:
  • your partner is, or was, the holder of a permanent humanitarian visa
  • prior to their permanent humanitarian visa being granted, you were in a relationship with your partner that meets the requirements of a de facto relationship
  • the department was informed of this before the permanent humanitarian visa was granted.

You and your partner must show a mutual commitment to a shared life as husband and wife 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.

Note: Under certain circumstances, you may still be eligible to apply for and be granted, or continue to be an applicant for, a Spouse visa in Australia if:

• your relationship breaks down and you and your partner have custodial rights under the Family Law Act 1975 for any children aged under 18 years that you and your partner may have
• your partner dies, and you can establish that, had your partner not died, the relationship would have continued and that you have developed close ties with Australia.

If this situation occurs, you should contact the relevant departmental office in Australia that has been processing your visa application.

• 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 are applying outside Australia and you or your accompanying dependent family members have a debt to the Australian Government, you may not be granted a visa until satisfactory arrangements have been made to pay that debt.

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.

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 an eligible sponsor you must be all of the following:

• 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
• in a married or de-facto spouse relationship with your partner
• generally aged 18 years or over

If you are 16 or 17 years of age, your parent or guardian must be your spouse’s sponsor.

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.

You may not be able to sponsor your partner if any one of the following applies:

• you are not an Australian citizen, Australian permanent resident or eligible New Zealand citizen
• you 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)
• you have sponsored another partner within the last five (5) years
• you were sponsored for a partner visa as a partner yourself within the last five (5) years
• you are the holder of a Woman at Risk visa (Subclass 204)

If you have previously sponsored or been sponsored, you may still be permitted to sponsor your partner in compelling circumstances, such as:

• if your previous partner has died or abandoned the relationship leaving young children
• if your relationship with your current partner is long standing (ie, five (5) years or more)
• if you and your current partner have dependent children of your relationship

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 this visa, you must meet the following requirements.

Visa Type	What You Must Do
Spouse temporary visa (subclass 309)	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
Spouse permanent visa (subclass 100)	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.

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
• 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
• will provide financial and other support, such as childcare, that will enable your partner to attend any English classes they need
• will provide information and advice to help your partner settle in Australia. This information and advice should include telling your partner about employment in Australia
• immediately notify the department if your relationship with your partner breaks down, or if you withdraw your support for your spouse 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.

Family Obligations

If your accompanying dependent family members are granted this visa, they must adhere to visa conditions and comply with all Australian laws.

Charge Type	Charge Amount
Visa Application Charge	$1420