How Can an Australian Citizen Bring Their Wife From Overseas to Australia?
Key points
- A wife outside Australia applies for the Subclass 309 and Subclass 100 partner visas in one combined online application.
- The Australian citizen husband or wife is the sponsor and makes a separate sponsorship application.
- The Subclass 309 is generally granted while the applicant is outside Australia.
- The marriage must be valid under Australian law, and a married couple does not need to meet the de facto 12-month requirement.
Which visa does an Australian citizen use to bring their wife to Australia?
An Australian citizen uses the offshore partner visa, the Subclass 309 and Subclass 100, to bring their wife to Australia when she lives overseas. The application is lodged online, and the Subclass 309 lets her travel to Australia, live, work and study while the permanent Subclass 100 is processed. If she is already in Australia on a substantive visa, the onshore Subclass 820 and Subclass 801 may be available instead. Our page on the Subclass 309 visa explains the offshore application in detail.
What does the Australian citizen sponsor need to provide?
The Australian citizen sponsor needs to provide proof of citizenship, identity documents, a sponsorship application and evidence about the relationship. Where children under 18 are included, the sponsor may need to provide police certificates. The sponsor must also not be prevented from sponsoring by the sponsorship limitations in regulation 1.20J, which apply where the sponsor has sponsored partners before or was sponsored as a partner within five years. Our page on partner visa sponsorship limitations explains when this rule applies.
Is the marriage certificate enough to bring my wife to Australia?
A marriage certificate is not enough by itself to bring a wife to Australia. The certificate proves the legal marriage, but the Department also assesses whether the relationship is genuine and continuing across four aspects: financial aspects, the nature of the household, social aspects and the nature of the commitment. Our article on the partner visa four pillars of evidence explains what evidence fits each aspect.
What if my wife and I have lived apart since the wedding?
A wife who has lived apart from her Australian husband since the wedding can still be granted a partner visa if the couple shows that the separation is temporary and the relationship has continued. Regular contact, visits, financial support and plans to live together in Australia help to show this. Our article on the partner visa long-distance relationship explains how time apart is usually evidenced.
Can my wife visit Australia while the Subclass 309 is processed?
A wife can apply for a visitor visa to come to Australia while the Subclass 309 is processed, but the visitor visa is assessed on its own merits and may be refused if the Department is not satisfied she intends a genuine visit. She must generally be outside Australia when the Subclass 309 is granted. Our article on partner visa overseas travel explains how travel affects the application. Where the wife is granted the Subclass 309, she can then enter Australia and live with her husband while the permanent Subclass 100 is processed.
How does My Migration Lawyers help an Australian citizen bring their wife home?
My Migration Lawyers works with the Australian citizen as the point of contact in Australia while building the wife's application in full from overseas. The firm confirms that the marriage is recognised, checks both partners' visa histories and the sponsor's past sponsorships, and prepares the relationship evidence before lodgement. It then manages every request from the Department and advises on travel so that the grant is not put at risk. Citizens can learn about our approach to offshore partner visas and speak with our partner visa lawyers.
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