Eligibility Criteria for Partner (Provisional) Visa (Subclass 309):

To be eligible for the Subclass 309 visa, you must:

• Be outside Australia both when you lodge your application and when the visa decision is made.
• Be in a genuine and continuing relationship as the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
• Be at least 18 years of age or older when you apply (applies to both married and de facto partners).
• Have your partner sponsor you. If your Australian partner is under 18 years of age, their parent or guardian (who must be an Australian citizen, permanent resident, or eligible New Zealand citizen) can sponsor you.
• Meet Australia’s health and character requirements.
• Have no outstanding debts to the Australian government, or have arranged to repay any debts before the visa is granted.
• Not have had a visa cancelled or an application refused in certain circumstances (this will be considered).

Eligibility Criteria for Partner (Migrant) Visa (Subclass 100):

To be eligible for the Subclass 100 visa, you must:

• You may be inside or outside Australia when the decision on the Subclass 100 visa is made.

• Hold a temporary Partner (Provisional) visa (Subclass 309).
• Continue to be in a genuine and continuing marriage or de facto relationship with your sponsor, unless special circumstances apply (e.g., relationship breakdown due to family violence or death of the sponsor).
• Have complied with all Australian laws and the conditions of your temporary Subclass 309 visa.
• Have fulfilled the two-year waiting period since your combined 309/100 application was lodged (this period may be shorter for long-term relationships or relationships with dependent children).