Relationship concessions for Australian Partner Visa 309 and 100

Australian Partner Visa Update

A new migration amendment makes changes to the relationship cessation provisions for subclass 309 partner visa applicants and holders, who were granted their visas in Australia under the COVID-19 concessions.

These subclass 309 temporary partner visa applicants and holders continue to be eligible to be granted the subclass 100 permanent partner visa in the following circumstances:

  • the applicant’s sponsor has died, or
  • the relationship between the applicant and the sponsor has ceased and either or both of the following apply:
  1. the applicant or a member of the family unit has suffered domestic and family violence (DFV) committed by the sponsoring partner, and/or
  2. the applicant and sponsor share custody, formal maintenance obligations or access rights to at least one child

This amendment also allows subclass 309 applicants who were able to travel to Australia under these COVID-19 concessions and may have been onshore for significant periods of time, to be eligible for grant of the combined subclass 309/100 Australian partner visas, under these circumstances.

This new rule has commenced on 20 August 2022.

Contact VISA LOUNGE to find out your eligibility for Australian marriage, defacto or prospective marriage visas and start the Australian Partner Visa process without delay.

Published by Maddie Phillips

Australian Immigration Law Specialist with over 12 years experience, I provide high touch immigration solutions for businesses and individuals, all aspects of Australian immigration law. OMARA Licenced, Member Migration Institute of Australia and Australian Human Resources Institute.

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