Partner Visas Sub classes 309 / 100
Australia is a wonderful country with the stable economy and developed infrastructure. It is one among those nations, which not only offer the multiple job opportunities to the skilled and talented immigrant workers from overseas but also provide perfect settings to integrate and settle.
The Partner Visa or Spouse category visa of Australia is one among the key aspects of Australia immigration that raise the interest of applicants to explore the scope and opportunities of a career in Australia. Through partner visa, the spouses or partners of the Australian permanent residents and citizens can come to live with their partners in Australia.
Permanent Residency in Australia on a Partner Visa, if you are outside of Australia, is a two-step process involving Partner Visa (Subclass 309) followed by Partner Visa (Subclass 100).
What is a Partner Visa (Subclass 309)?
This is a temporary Visa (provisional visa), and the first step to gaining residency in Australia. It is for spouses, de facto partners of Australian citizens, permanent residents or eligible New Zealand citizens who live in Australia.
You can apply for the Subclass 309 Visa if you are outside of Australia at the time of application and approval.
What is a Partner Visa (Subclass 100)?
This permanent visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia. It is the second step to gaining permanent residency in Australia.
You can apply for the Subclass 100 if you hold a Subclass 309 Visa, and you can be in or outside of Australia when you Subclass 100 Visa is applied for or granted.
Who would the Partner Visas (Subclass 309 and 100) be suitable for?
A Subclass 309 Visa would suit you if:
- you and your Australian partner are legally married, intend to legally marry in the near future (prior to a decision on your migration application), or you have been in a defacto relationship for at least 12 months immediately prior to your visa of application
- you met your partner online and are having a long distance relationship with an Australian
- you are outside of Australia at the time of your application and approval
Please note: If you wish to apply for this visa and are in a de facto relationship, you and your partner must be a minimum of 18 years of age.
A Subclass 100 Visa would suit you if:
- you hold a Subclass 309 Visa
- you pass the assessment conducted by the Department of Immigration against the criteria for the permanent Partner Visa
These Partner Visas apply equally to heterosexual and same-sex relationships.
How you can 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.
Difference between Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)
The Partner Visa Subclass 309 is a temporary visa (allocated first) that allows you to stay in Australia till the time the Permanent Visa, i.e. Subclass 100 Visa is processed.
Eligibility Requirement to apply Subclass 309 Visa
To apply for Partner visa, as an applicant you must be either married or in a de facto relationship with any of the following:
- A citizen of Australia
- A permanent resident of Australia
- An eligible New Zealand citizen.
Other Key requisites to apply visa
- You are outside Australia.
- You are a partner of Australian citizen, Permanent resident or eligible New Zealand.
- You can be granted visa if you are married and:-
- Your relationship breaks down and there is a child of the relationship.
- Your partner dies and you can show that your relationship would have continued if your partner had lived and you have close business, cultural or personal ties in Australia.
- Your relationship breaks down and you or members of your family unit have suffered family violence.
The marriage needs to be legitimate as per the Australian law. If you are applying for partner visa as a de facto partner, then you must have been in a de facto relationship for at least 12 months.
You can be granted a visa if you are in a de-facto relationship for less than 12 months, moreover:
- You can show compelling and compassionate circumstances, such as having dependent children.
- Your partner has been granted a permanent humanitarian visa and your de facto relationship existed before it was granted, and you told us about the relationship before the visa was granted.
- Your de facto relationship has been registered in Australia (this is not available in all states and territories).
- Have good moral and health conduct.
- Do not have any outstanding debts to the Australian government or have arrangements to pay if any.
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. The application, in fact, is submitted together for both subclass 309 visa and Subclass 100 visa (permanent), while you pay for one visa only. If your application for Subclass 309 Partner visa (temporary) is successful, you become eligible to be assessed for the Permanent visa, i.e. Subclass 100 Visa.
The subclass 309 visa is granted to you on a temporary basis, and based on the same; you can live in Australia temporarily until your permanent visa is granted. After two years 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 found correct, you will be granted a Permanent visa, i.e. Subclass 100 Permanent Partner visa.
Benefits of Subclass 309 Visa
- It allows you to stay in Australia till the time decision is made on your permanent partner visa.
- a study in Australia, but with no access to government funding
- Enroll in Medicare, Australia’s scheme for health-related care and expenses.
- About two years after you lodged your application for this visa, you will be assessed for a permanent visa (subclass 100)
Partner visa (subclass 100)
As already mentioned, Subclass 100 visa is a permanent visa and second stage of Partner visa application, when provisional visa (i.e. Subclass 309) has already been granted to the applicant. You can be assessed for Subclass 100 visa after 2 years of lodging of the application for Subclass 309 visa.
Permanent Visa can be granted earlier if you meet the following criteria:-
- If you already have been in a relationship for 3 years with your partner at the time of applying or not less than two years if there is a dependent child of your relationship.
- Your sponsor or de facto partner dies, the relationship would have continued if they had not died, and you have developed close business, cultural or personal ties in Australia
- The relationship breaks down and there is a child of the relationship
- The relationship breaks down due to family violence.
Benefits of Subclass 100 Visa
Find below the key benefits of Subclass 100 Visa:
- Provides you right to live in Australia indefinitely.
- The applicant can work in Australia during your stay.
- An applicant can enroll in Medicare, Australia’s scheme for health-related care and expenses.
- Allows you to apply for citizenship if you meet certain requirements.
- Allows you to move to and fro for five years starting from the day visa is granted.
- You can sponsor your relatives for permanent residency.
Cost of the Partner Visa in Australia
- Partner (Subclass 309/100) visa – 7000$ (Base Application Charge)
- Additional Applicant Charge 18 and over 3505$
- Additional Applicant Charge 18 and under- 1755$
Additional charges applicable
Countrywide Visas charges
- Medical Examination:-To be paid directly to the doctor conducting medical examination
- Police check:-To the corresponding authorities in the respective countries where you have lived for more than 6/12 months depending on the visa subclass
- Certification/Translation of Docs-Depending on the certifying person and number of copies to be certified.
In view of recent immigration changes and complex immigration guidelines, it is always good to hire a trusted Australian Immigration Consultancy Service to apply for Australian PR visa. Visas Avenue is a leading and registered Australian Visa and Immigration Consultancy firm in India that provides vital assistance and support to apply Australian Partner Visa Subclass 309/100.
To confirm your eligibility for the partner visa and discuss your immigration process and plan, you may fill the free assessment form here. Alternatively, send your profile details along with the query to firstname.lastname@example.org