# Partner (Provisional) > visa-309 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text Subclass 309—Partner (Provisional) 309.1—Interpretation 309.111 In this Part: intended spouse means the person referred to in subparagraph 309.211(3)(a)(i), (ii) or (iii). Note: eligible New Zealand citizen and guardian are defined in regulation 1.03, parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A). 309.2—Primary criteria Note: The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 309.21—Criteria to be satisfied at time of application 309.211 (1) The applicant meets the requirements of subclause (2) or (3). (2) The applicant meets the requirements of this subclause if the applicant is the spouse or de facto partner of: (a) an Australian citizen; or (b) an Australian permanent resident; or (c) an eligible New Zealand citizen. (3) The applicant meets the requirements of this subclause if: (a) the applicant intends to marry: (i) an Australian citizen; or (ii) an Australian permanent resident; or (iii) an eligible New Zealand citizen; and (b) the intended marriage will, if it takes place, be a valid marriage for the purposes of section 12 of the Act. Note: If the applicant is an applicant referred to in subclause 309.211(3), then, except in certain circumstances, the marriage must have taken place before the applicant can be granted a visa of this subclass: see clause 309.224. 309.212 (1) The spouse, de facto partner or intended spouse of the applicant is not prohibited by subclause (2) from being a sponsor. (2) The spouse, de facto partner or intended spouse is prohibited from being a sponsor if: (a) the applicant is a male person; and (b) the spouse, de facto partner or intended spouse is a woman who was granted a Subclass 204 (Woman at Risk) visa within the 5 years immediately preceding the application; and (c) on the date of grant of that visa: (i) the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or (ii) the applicant was the spouse or de facto partner of that woman and that relationship had not been declared to Immigration. 309.213 (1) If the applicant is an applicant referred to in subclause 309.211(2), the applicant is sponsored: (a) if the applicant’s spouse or de facto partner has turned 18—by that spouse or de facto partner; or (b) if the applicant’s spouse has not turned 18—by a parent or guardian of that spouse who: (i) has turned 18; and (ii) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. (2) If the applicant is an applicant referred to in subclause 309.211(3), the applicant is sponsored: (a) if the applicant’s intended spouse has turned 18—by that intended spouse; or (b) if the applicant’s intended spouse has not turned 18—by a parent or guardian of that intended spouse who: (i) has turned 18; and (ii) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. 309.22—Criteria to be satisfied at time of decision 309.221 (1) Either: (a) the applicant continues to meet the requirements of clause 309.211; or (b) the applicant meets the requirements of subclause (2) or (3) of this clause. (2) The applicant meets the requirements of this subclause if the applicant: (a) would continue to meet the requirements of clause 309.211 except that the sponsoring partner has died; and (b) satisfies the Minister that the applicant would have continued to be the spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died. (3) The applicant meets the requirements of this subclause if: (a) the applicant would continue to meet the requirements of clause 309.211 except that the relationship between the applicant and the sponsoring partner has ceased; and (b) either or both of the following circumstances applies: (i) the applicant has entered Australia after making the application and either or both of the following has experienced family violence committed by the sponsoring partner: (A) the applicant; (B) a member of the family unit of the sponsoring partner or of the applicant or of both of them; (ii) the applicant: (A) has custody or joint custody of, or access to; or (B) has a residence order or contact order made under the Family Law Act 1975 relating to; at least 1 child in respect of whom the sponsoring partner: (C) has been granted joint custody or access by a court; or (D) has a residence order or contact order made under the Family Law Act 1975; or (E) has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation. Note: For special provisions relating to family violence, see Division 1.5. 309.222 (1) The sponsorship referred to in clause 309.213 has been approved by the Minister and is still in force. Note: Regulations 1.20J, 1.20KA, 1.20KB and 1.20KC limit the Minister’s discretion to approve sponsorships. (2) The sponsor has consented to the disclosure by the Department, to each applicant included in the sponsorship, of any conviction of the sponsor for a relevant offence (within the meaning of subregulation 1.20KC(2)). Note: The sponsor may be asked to consent to such disclosure on the approved form required to be completed by the sponsor in relation to the visa application. (3) For the purposes of subclause (2), the conviction of the sponsor for a relevant offence is to be disregarded if: (a) the conviction has been quashed or otherwise nullified; or (b) both: (i) the sponsor has been pardoned in relation to the conviction; and (ii) the effect of that pardon is that the sponsor is taken never to have been convicted of the offence. (4) This clause does not apply in relation to an applicant who meets the requirements of subclause 309.221(2) or (3). 309.223 In the case of an applicant who meets the requirements of subclause 309.211(2), either: (a) the applicant continues to be the spouse or de facto partner of the person referred to in paragraph 309.211(2)(a), (b) or (c) who was the applicant’s spouse or de facto partner at the time of the application; or (b) paragraph 309.221(1)(b) applies. 309.224 If the applicant is an applicant referred to in subclause 309.211(3), either: (a) the marriage referred to in that subclause has taken place and the applicant continues to be the spouse of the intended spouse; or (b) both of the following: (i) paragraph 309.221(1)(b) applies; (ii) before the intended spouse died, or before the relationship between the applicant and the intended spouse ceased, the applicant was the spouse or de facto partner of the intended spouse. 309.225 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019. 309.226 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002. 309.228 (1) Each member of the family unit of, and each person who is dependent on, the applicant who is an applicant for a Subclass 309 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4020; and (aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and (b) if the person has previously been in Australia, satisfies special return criteria 5001 and 5002. (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 309 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 309.229 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant— public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 309.3—Secondary criteria Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 309.31—Criteria to be satisfied at time of application 309.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 309.21. 309.312 The sponsorship referred to in clause 309.213 of the person who satisfies the primary criteria includes sponsorship of the applicant. 309.32—Criteria to be satisfied at time of decision 309.321 (1) The applicant meets the requirements of subclause (2) or (3). (2) The applicant: (a) continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 309 (Partner (Provisional)) visa (the person who satisfies the primary criteria); or (b) is a person to whom each of the following applies: (i) the person made a combined application with the person who satisfies the primary criteria; (ii) subsequent to the combined application being made, the person was found by the Minister not to be a member of the family unit of the person who satisfies the primary criteria; (iii) subsequent to the person who satisfies the primary criteria being granted a Subclass 309 (Partner (Provisional)) visa and Subclass 100 (Partner) visa—the ART found the person to be a member of the family unit of the person who satisfies the primary criteria. (3) If: (a) the applicant made a combined application with a person (the primary person): (i) who, having satisfied the primary criteria in Subdivision 309.21, is the holder of a Subclass 309 (Partner (Provisional)) visa; or (ii) who has subsequently been granted a Subclass 100 (Partner) visa; and (b) both of the following apply in relation to the sponsor of the primary person: (i) the sponsor has at any time been an unauthorised maritime arrival; (ii) the sponsor was an Australian permanent resident at the time the combined application was made; the applicant is dependent on the primary person. 309.322 (1) The sponsorship referred to in clause 309.312 has been approved by the Minister and is still in force. Note: For limitations on the Minister’s discretion to approve sponsorships see regulation 1.20J. (2) Subclause (1) does not apply in relation to an applicant if: (a) the applicant is a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 309 (Partner (Provisional)) visa; and (b) clause 309.222 did not apply in relation to that person. 309.323 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019. 309.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002. 309.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 309.4—Circumstances applicable to grant 309.412 The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance. 309.5—When visa is in effect 309.511 Temporary visa permitting the holder to travel to, enter and remain in Australia until the end of the day on which: (a) the holder is notified that the holder’s application for a Partner (Migrant) (Class BC) visa has been decided; or (b) that application is withdrawn. 309.6—Conditions 309.611 First entry must be made before a date specified by the Minister for the purpose. 309.612 If the applicant meets the primary criteria, condition 8502 may be imposed. 309.613 If the applicant meets the secondary criteria, either or both of conditions 8502 and 8515 may be imposed.