The Partner (Provisional) visa (subclass 309) lets you:

• enter Australia and stay here until a decision is made about your permanent Partner visa
• work in Australia
• your provisional Partner visa (subclass 820) is cancelled
• study in Australia, but with no access to government funding
• enrol in Medicare, Australia’s scheme for health-related care and expenses.

The Partner visa (subclass 820) lets you:

• stay in Australia until a decision is made about your permanent Partner visa
• work in Australia
• study in Australia, but with no access to government funding
• enrol in Medicare, Australia’s scheme for health-related care and expenses.

After the two year period, the Department of Immigration will look to grant you a Permanent Partner Visa. At this stage, you will be asked for current evidence of your relationship.

In some circumstances, a waiver is available for the 2 year period before applying for permanent
residence:

• if you have been in the relationship with your partner for three years or more at the time of
  application; or
• if you have been in the relationship for two years where there are dependent children of the
  relationship; or
• if your partner was granted a permanent visa under the humanitarian program or was
  granted a protection visa and was in the relationship with you before the visa was granted
  and this relationship was declared to DIAC at the time.

In some circumstances, you may be eligible for permanent residence even if the relationship has

broken up before the end of the 2 year period. These circumstances include:

• If your partner has died during this period; or
• If you and your Australian partner have children under 18 years of age; or
• If you or your dependants have been subject to domestic violence during this period