Partner Visa(Subclass 309/100)

Australia is a beautiful country with a stable economy and developed infrastructure. It is among those nations that offer multiple job opportunities to skilled and talented immigrant workers overseas and provide perfect settings to integrate and settle.

The Partner Visa or Spouse category visa of Australia is one of Australia’s critical aspects that raise applicants’ interest to explore the scope and opportunities of a career in Australia. Through partner visa, the Australian permanent residents and citizens’ spouses or partners can live with their partners in Australia.

How to apply for Spouse or Partner Visa in Australia?

The Partner Visas, i.e. Subclass 309 and 100 Visa, allows the spouses or partners of Australian Permanent Residents and Citizens to immigrate to and live with their partners in Australia. The partners or spouses of eligible New Zealand Citizens are also eligible to apply for Australian Partner Visa.

Also read- How to apply for Dependent / Spouse Visa in Australia?

Difference between Subclass 309 and Subclass 100 visa?

The Partner (Provisional) visa (subclass 309) is a temporary visa (allocated first) that allows you to stay in Australia until the Permanent Visa, i.e. Partner (Migrant) visa (subclass 100) is processed.

What are the key Requirements to apply for Partner Visa Subclass 309 of Australia?

To apply for Australia’s Partner Visa Subclass 309, you need to be fulfil below criteria:

Meet relationship requirements- In most cases, you need to be the spouse or de facto partner of an:

• Australian citizen
• Australian permanent resident or
• eligible New Zealand citizen

You can be in relationship with somebody of the same or different sex. You might still be eligible for the visa if your relationship breaks down, while your application is in process.

Married applicants- To be a married applicant:

• you and your spouse both must be committed to a shared life together to the exclusion of all others
• your relationship with your spouse must be genuine and continuing
• you must live with your spouse or do not live apart on a permanent basis
• your marriage must be valid under Australian law

De facto partners- Usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa.

Have a sponsor - You must have a sponsor when you submit your application and when you are on this visa. The DHA must approve your sponsor. There are limitations on approval. You cannot change your sponsor. The person who sponsors you when you apply for the visa need to be same person who sponsors you for two years after DHA grant your temporary 309 Partner visa.

Be the right age- Married applicants must generally; be 18 or older when they apply. This is because generally, you must be 18 or older to be married under Australian law. Candidates in de facto relationships need to be 18 or older when they apply.

Meet our health requirement- You, and any member of the family unit or dependent child who applies for the visa with you, must fulfill our health requirement. Family members who do not accompany you to Australia might also need to meet our health requirement.

Meet our character requirement- You and any family members who apply for the visa with you must meet our character requirement.

Benefits of Subclass 309 Visa

• Live in Australia until the time decision authorities decide on your permanent partner visa (Subclass 100).
• Study in Australia, but without government aid
• Get enrolled for Medicare- Australia’s health coverage scheme
• You will be considered for a Subclass 100 permanent visa, about two years after you submitted your application for this visa

How you can proceed to apply                                  

Applying for the Australian Partner visa is a two-stage process. Firstly, if you are married or in a de facto relationship (for at least 12 months), you can apply for the Subclass 309 visa in Australia. You need to submit the application together for both subclass 309 visa and Subclass 100 visa (permanent) while you only pay for one visa. If your application for Subclass 309 Partner visa (temporary) is successful, you become eligible for the assessment for the Permanent visa, i.e. Subclass 100 Visa.

The subclass 309 visa is a temporary visa, and based on the same; you can temporarily live in Australia until your permanent visa allocated. After two years of being on subclass 309 visa in Australia, you can supply additional documents to apply for the Subclass 309 visa. The immigration authorities will check your documents, and if everything is correct, you will get Permanent visa, i.e. Subclass 100 Permanent Partner visa.

Partner (Migrant) visa (Subclass 100)

As already mentioned, the Subclass 100 visa is a permanent visa and second stage of Partner visa application, when provisional visa (i.e. Subclass 309) already granted to the applicant. Authorities can assess you for Subclass 100 visa after two years of lodging the application for Subclass 309 visa.

Eligibility Criteria for Subclass 100 visa

Find below the eligibility criteria for Partner (Migrant) visa (Subclass 100):

Hold this visa- Generally, you must hold:

• a Partner (Provisional) visa (subclass 309), or
• a Dependent Child (subclass 445) visa

Generally, two years need to have passed since you have applied for the combined 309 and 100 visa for you to be evaluated for the PR (permanent Residence) visa. If you were in a long-term relationship or your sponsor was holding a specific visa before you applied, you may get the permanent residence visa within less than two years.

Continue to meet relationship requirements

You must continue to be the spouse /de facto partner of the same person who sponsored you for the temporary visa. Sponsorship must be approved by DHA. You must:

• be married or in a de facto relationship
• have a genuine and continuing relationship
• live together, or not live permanently separately and apart
• be mutually committed to a shared life excluding other partners

Pay your debts to the Australian Government

If you or any family members (including those who do not apply for the visa with you) have a loan taken from the Australian Government, you or they must have paid it back or have an approved arrangement in place to pay it back.

Best interests of the child

The DHA might not grant this visa if it is not in the best interests of an applicant under 18. New criteria description

Benefits of Subclass 100 Visa

Find below the key benefits of Subclass 100 Visa:

• Live, work or study in Australia permanently
• Get enrolled for Medicare, health scheme.
• Apply for citizenship after meeting criteria.
• Move in and out of Australia for five years starting when visa granted.
• Sponsor eligible relatives for Australia PR.

What is the processing time of Australia Partner visa Subclass 309/100?

The DHA update the processing times regularly and all applications are evaluated on a case-by-case basis. Difficult cases may take longer to process. The given processing times should be used as a guideline and cannot be prejudiced. Find below the approximate processing time.

• 25% of applications: 5 months
• 50% of applications: 9 months
• 75% of applications: 20 months
• 90% of applications: 32 months

Fees for Partner Visa Subclass 309/100

Find below the visa fees for Subclass 309/100 Visa:

Note: The visa fees given above is subject to change and revision periodically. Hence, you may contact Visas Avenue, immigration expert, for any clarification or confirmation of the latest visa fees.

Additional charges applicable

• Medical Certificate charges
• Police Clearance Certificate charges
• Charges for Certification/Translation of Docs

If you wish to apply for Australia PR Visa, skilled visa, study visa, visit visa, family-sponsored visa, etc. in Australia this year; you may contact Visas Avenue on Toll-Free Number- 78-18-000-777 for complete support and assistance. Alternatively, fill a free assessment form to get a call back.