Subclasses 309/100: This visa is for Australian citizens, Australian permanent residents and eligible New Zealand citizens who want to sponsor and bring their de facto or spouse to Australia.

You can request direct access to the Permanent stage if you and your de facto partner or spouse have been together in a de facto or married relationship for at least two years and have a dependent child. The child needs to be the child of both the applicant and the Australian sponsor. You can also request access to permanent residency if you and your de facto partner/spouse have been in a de facto or married relationship for at least three years.

For a relationship to be considered de facto applicants needs to demonstrate a series of crucial aspects and this include:

1.  Demonstrate mutual commitment to a shared life. Australian law does not recognise polygamy; therefore, it does not cover people who have more than one partner.
2. The de facto relationship is genuine and continuing.
3. The de facto couple lives together. If the de facto couple lives separately, the de facto couple can do so but not on a permanent basis. 
4. The de facto couple are not related by family.
5. The de facto couple have been in a de facto relationship for at least 12 months. If the de facto relationship is a registered relationship under Section 2E of the Acts Interpretation Act 1901, then the de facto relationship can be less than 12 months. 
6. The de facto couple shares the following aspects of the relationship: the financial aspect, the household chores, the social and the nature of the de facto couple commitment to one another.

To be considered a spouse relationship, the following aspects are crucial:

1. Spouse is someone who is a married relationship with someone of the same sex or different sex. 
2. The marriage is valid. 
3.  Demonstrate mutual commitment to a shared life. Australian law does not recognise polygamy; therefore, it does not cover people who have more than one partner.
4. The married relationship is genuine and continuing.
5. The married couple lives together. If the married couple lives separately, the married couple can do so but not on a permanent basis. 
6. The married couple shares the following aspects of the relationship: the financial aspect, the nature of the household, the social aspect of the relationship and the nature of the married couple commitment to one another.