After Your Sponsor Dies: Keeping Your 309 to 100 PR Pathway in 2026
If your partner dies before the 100 visa is granted, the permanent pathway can continue — here is what the published rules require.
If your partner dies before the permanent visa is granted, the pathway does not automatically close. According to the Australian Department of Home Affairs' official page for the Partner (Migrant) visa (Subclass 100), as at the October 2026 official page, you might still be eligible for the permanent visa if your relationship ends or your partner dies before that visa is granted. The same page also states that all information you provide is confidential.
What the official page does not do is set out the detailed criteria applied in that situation; it refers readers to the Department's separate "Your relationship has changed" information. So the accurate position is that bereavement is not treated as a bar to the grant, while the assessment of your individual circumstances is governed by material published elsewhere. Everything else about the permanent stage — the waiting period, the documents, the health, character and debt requirements — continues to apply.
What does the 100 visa normally require, and how does a sponsor's death fit?
The eligibility page states three things you must satisfy. You must hold a Partner (Provisional) (subclass 309) visa or a Dependent Child (subclass 445) visa. Two years must have passed since you applied for the subclass 309 and 100 visas. And you must continue to be the spouse or de facto partner of the same person who sponsored you for the temporary Partner visa.
The third requirement is the one that death interrupts. The official page frames it as a continuing requirement and then immediately provides the qualification: you might still be eligible for the permanent visa if your relationship ends or your partner dies before the permanent visa is granted. If we granted you a permanent Partner visa (subclass 100) immediately after we granted your temporary Partner visa (subclass 309), you do not have to provide these documents or do anything else.
To confirm which visa you currently hold, the official page directs you to VEVO.
Does the two-year wait still apply after bereavement?
Yes. The two-year period runs from the date you applied for the subclass 309 and 100 visas, and you can check that date in ImmiAccount. The step-by-step page is explicit that you should not submit your permanent-stage documents before two years have passed.
There are two situations in which the page says the permanent visa might be granted in less than two years:
- you were in a long-term partner relationship with your sponsor when you applied for the subclass 309 and 100 visas; or
- your sponsor is, or was, the holder of a permanent humanitarian visa and, before that permanent visa was granted, was in a married or de facto relationship with you — and you must have informed the Department about your relationship before that permanent visa was granted.
Neither exception is described as being conditional on the sponsor's death, so treat them as separate grounds that may apply on their own facts.
Do you have to tell the Department, and how?
A change in your marital or de facto status is one of the changes the official page lists as something you must tell the Department about, both before and after you lodge your permanent-stage documents. A sponsor's death falls squarely within that category.
On what to do if your relationship ends, the page says only this: you may need to complete the Notification of Relationship Cessation form in ImmiAccount, and to confirm, check "Your relationship has changed". If you do not have access to ImmiAccount, the page says you can notify the Department using the Partner Processing Enquiry Form.
The contact-details point matters more after bereavement than at any other time. The official page says you should give your own contact details, because the Department may need to contact you directly even if you nominated your sponsor's email address for all electronic correspondence, appointed your sponsor as your authorised recipient, or appointed someone to give you immigration assistance. Form 956A is the form used to appoint or withdraw an authorised recipient.
What documents does the permanent stage still require?
Bereavement does not remove the documentary requirements of the permanent stage.
| Document | What the official page says |
|---|---|
| Identity | A copy of the pages of your most recent passport showing your photo, personal details, signature, and passport issue and expiry dates. |
| Australian police certificate | Usually required if you did not attach one with your subclass 309 application. Only complete disclosure National Police Certificates issued by the Australian Federal Police are accepted — not standard disclosure certificates or state or territory police certificates. Valid for 12 months from the issue date. |
| Overseas police certificates | Required from any country, including your home country, where you spent a total of 12 months or more since the grant of your 309 visa. |
| Relationship evidence | Documents and supporting evidence of your relationship. |
| Family members holding a 309 or 445 visa | Copies of their passport, documents showing changes to their situation, and police certificates, if applicable, for dependents aged 16 or over. |
| Translations | Translators in Australia must be accredited by the National Accreditation Authority for Translators and Interpreters. Translators outside Australia must include their full name, address and telephone number, and their qualifications and experience, in English. |
Documents must be scanned or photographed in colour and be clear enough to read; where a document runs to more than one page, save it as one file. The page states that documents do not need to be certified.
How do you lodge the permanent stage, and what are the limits?
The official page sets out the following sequence in ImmiAccount: log in, select "New application", select "Family", then select "Stage 2 – Permanent Partner Visa Assessment", and attach your documents.
Attach a document only once, even if you are using it to show more than one thing, and label documents clearly. You can attach up to 100 documents for each person on the application, and the page states that the attachment limit cannot be increased. If you reach the limit for one applicant, you can attach further documents to other clients on the application.
What other criteria still apply?
The eligibility page lists three requirements that sit alongside the relationship requirement, and none of them is affected by the sponsor's death.
You and any members of the family unit, including dependent children applying with you, must continue to meet the health requirement. Family members who are not coming to Australia with you may also need to meet it. If you had health examinations for your subclass 309 visa, the Department will tell you whether you need to undertake them again or whether more health checks are needed.
You must have no debts to the Australian Government — you or any family member owing money must pay it back or arrange to pay it back, including family members who do not come to Australia. We might not grant this visa if it is not in the best interests of an applicant under 18.
Because partner applications can have long processing times, the page advises updating your documents and evidence through ImmiAccount regularly.
How is the decision made, and what happens at the outcome?
You can be in or outside Australia when the Department decides your permanent Partner visa, and the decision is given in writing. If the visa is granted, you will be told your visa grant number, the date your visa starts, and your visa conditions; keep a copy of that decision. If it is refused, you will be told why and whether you have a right to a review of the decision. The page states that the application fee will not be refunded if the application is refused.
This article is general information about how the published rules are framed, not advice on any individual case; how the rules apply to a particular application depends on its own evidence and timing, so confirm the position against the current official page and, where needed, with a qualified professional.
Frequently Asked Questions
Can I still be granted the 100 visa if my partner dies before it is granted?
The official Partner (Migrant) visa (Subclass 100) page states that you might still be eligible for the permanent visa if your relationship ends or your partner dies before the permanent visa is granted. It does not set out the detailed criteria for that assessment on the same page. It refers readers to the Department's "Your relationship has changed" information.
Do I still have to wait two years from my 309 application?
Yes. Two years must have passed since you applied for the subclass 309 and 100 visas before you are eligible to be assessed for the permanent visa, and the page says you should not submit your permanent-stage documents before that time. You can check your application date in ImmiAccount.
Do I have to tell the Department that my partner has died?
A change to your marital or de facto status is listed on the official page as something you must tell the Department about, both before and after you lodge your permanent-stage documents. The page states you may need to complete the Notification of Relationship Cessation form in ImmiAccount, and directs you to the "Your relationship has changed" information to confirm.
Will what I tell the Department be shared with my partner's family?
The official page states that all information you provide is confidential. It also says you should provide your own contact details, because the Department may need to contact you directly even if your sponsor's email address was nominated for all electronic correspondence.
My partner handled our ImmiAccount and email — what should I do?
Update your contact details so the Department can reach you directly, and if your sponsor was appointed to receive your correspondence, Form 956A is the form used to appoint or withdraw an authorised recipient. The page also recommends protecting your ImmiAccount, email account and passwords, and not sharing them with anyone.
Can my children still be included in the permanent stage?
A dependent child can be added to your application before a decision is made, and can be in or outside Australia. They must hold a Dependent Child visa (subclass 445), be a member of the family unit, meet the health requirement, and meet the character requirement if aged 16 or over. Form 1002 is used for a subclass 445 dependent child applying for a permanent partner visa.
Do I have to be in Australia when the decision is made?
No. The official page states you can be in or outside Australia when the Department decides your permanent Partner visa, and the decision is given in writing.