Subclasses 309 and 100

These visas allow the partner or spouse of an Australian citizen, permanent resident or eligible New Zealand citizen to live, work and study in Australia.

You apply for both subclasses 820 (temporary) and 801 (permanent) visas at the same time. 

To be eligible: 

• You must be sponsored by your partner or spouse who is an Australian citizen, permanent resident or eligible New Zealand citizen.
• Your sponsor must be approved by the Department of Immigration.
• You and your Sponsor must demonstrate that:
  • you are committed to a shared life together to the exclusion of all others;
  • your relationship is genuine and continuing;
  • you live together or do not live apart on a permanent basis
  • either:
    • your marriage must be valid under Australian law; or
    • if you are in a de facto relationship, it must have existed for at least 12 months;​​​
• You must be outside Australia (offshore) at the time you apply for the visa and when the visa is granted. ​​

Department of Immigration will begin assessing your subclass 801 (permanent) visa 2 years after you lodged your visa application.  To be eligible: 

• You must still be in a genuine and continuing relationship with your spouse or partner.
• You must continue to be sponsored.