Partner (Provisional) Visa (309)

This visa is for you if you in a married or de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. It is the first-stage (provisional) partner visa that allows you to enter Australia to live with your partner. If your relationship is still genuine and continuing after about two years, you will become eligible to apply for the second-stage permanent partner visa. You must be outside Australia when you apply for the 309 visa.  

Relationship

If your application is based on a marriage (or intended marriage):

• you must be legally married to an Australian citizen, permanent resident, or eligible New Zealand citizen or
• intend to marry an Australian citizen, permanent resident, or eligible New Zealand citizen and the marriage will take place before the visa is decided

If your application is based on a de facto relationship:

• you must have been in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen for at least 12 months prior to lodging your application (unless there are compelling or compassionate circumstances) AND
• you and your partner must both be at least 18 years old, and must not be closely related

In all cases:

•  you and your spouse/partner must be in a mutually exclusive relationship;
• that relationship must be genuine and continuing
• you and your spouse/partner must either live together, or live apart on a temporary basis only

Sponsor

Your sponsor must:

• be an Australian citizen, permanent resident, or eligible New Zealand citizen
• not have previously sponsored more than one other fiancé, partner, or spouse for migration to Australia, and not have sponsored a fiancé, spouse, or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)
• not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances)
• provide police clearance certificates for each country in which he/she has lived for at least 12 months during the last 10 years AND consent to disclosing any conviction for a ‘relevant offence’ to you and any family members included in your application.

The documentary requirements for a Partner (Provisional) (309) visa can be grouped under the four categories below.

Forms

Some forms such as a Form 80, Form 1221 or Form 956A may be required in addition to the online application

Identity and other documents

These documents would include birth certificate, passport, national ID, evidence of name changes, proof of address and evidence of any previous relationships etc. 

Evidence of marriage

For an application on marriage grounds, these documents would include marriage certificate, wedding photos and evidence of wedding arrangements etc.

Evidence of relationship

This is the most subjective and the most complex aspect of the partner visa application. The documents required to support an assessment of the genuine and continuing nature of a relationship typically fall into four categories collectively known as ‘four-pillars’:

• financial aspects of the relationship
• the nature of the household of the couple
• social aspects of the relationship
• the nature of the parties’ commitment to each other.

As at 1 July 2024, the Home Affairs fees for this visa are as below:

• primary applicant – NIL (see fees under visa 100)
• dependent over 18 years of age – NIL (see fees under visa 100)
• dependent under 18 years of age – NIL (see fees under visa 100) 

In addition, there will be fees associated with obtaining police clearances and undertaking medical examinations.

Assure Visa fees for visa 309 are listed on our Fees Page.