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Partner Visa – Apply Overseas: Visa Subclass 309 and 100

Your Guide to the Visa Subclass 309 and 100  

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What is Partner Visa Subclass 309 and 100?

The visa subclass 309 is a temporary partner visa for individuals who are in a genuine relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. This partner visa 309 allows you to stay in Australia while your permanent visa (subclass 100) is being processed. 

The partner visa subclass 100 is a permanent visa for partners of Australian citizens, Australian permanent residents, or eligible New Zealand citizens. This visa is typically granted after holding the visa subclass 309 for a certain period. 

 

  • Key Features 

Subclass 309  

  • Temporary Visa: Grants temporary residence in Australia. 
  • Work and Study: Permits work and study in Australia. 
  • Healthcare Access: Eligible for Medicare, Australia’s public healthcare system. 
  • Travel: Allows travel to and from Australia. 

Subclass 100 

  • Permanent Residency: Grants permanent residence in Australia. 
  • Work and Study: Allows unrestricted work and study in Australia. 
  • Healthcare Access: Eligible for Medicare. 
  • Social Security: Access to certain social security payments. 
  • Pathway to Citizenship: Can lead to Australian citizenship. 
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Detailed Overview of Visa Subclass 309 and 100

Feature 

Description 

Purpose 

Allows the de facto partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily. It is the first step towards a permanent Partner visa (subclass 100). 

Stay Duration 

Temporarily until your permanent Partner visa (subclass 100) application is finalized or you withdraw your application. 

Work Rights 

Yes, you can work in Australia with this visa. 

Study Rights 

Yes, you can study in Australia with this visa. 

Healthcare Access 

Eligible for Medicare, Australia’s public healthcare system. 

Travel Rights 

Allows travel to and from Australia. 

Application Requirement 

You must be outside Australia when you apply for this visa. 

Processing Time 

Use the visa processing time guide tool on the Australian Government’s immigration website for an indication of processing times. Processing times generally range from 12 to 18 months. 

Priority Processing 

The Department prioritizes aged and compassionate and compelling applications. 

For the most current updates and detailed information, visit the Australian Government’s immigration website: Partner Visa Subclass 309 and 100

 

Eligibility Criteria 

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  • Relationship 

You must prove that your relationship with your partner is genuine and ongoing. This involves demonstrating mutual commitment to a shared life to the exclusion of all others. 

Evidence required includes: 

  • Financial Aspects: Joint ownership of assets, joint bank accounts, sharing of financial responsibilities such as utility bills and rent. 
  • Household: Joint ownership or rental of the property, shared responsibility for housework, and other domestic arrangements. 
  • Social Aspects: Proof of social acknowledgment of your relationship, such as invitations to family events, shared activities, photos together, and declarations from friends and family. 
  • Commitment: Communication records, the period of cohabitation, and future indicating a commitment to a long-term relationship. 

 
For de facto relationships, you must have lived together for at least 12 months before applying, unless there are compelling and compassionate circumstances, such as having a child together. 

  • Age 

Both you and your partner must be at least 18 years old when the application is lodged. This is to ensure that both parties are legally capable of making such commitments and responsibilities. 

  • Sponsorship 

  • Your partner must sponsor you. They must be: 
  • An Australian citizen, 
  • An Australian permanent resident, or 
  • An eligible New Zealand citizen 
  • The sponsor must be able to provide proof of their status and must also be committed to providing support, including accommodation and financial assistance, for the first two years of your stay in Australia. 
  • There are limits on the number of times a person can sponsor a partner for migration to Australia. Generally, a person cannot sponsor more than two partners in their lifetime and must wait at least five years between sponsorships. 
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visa subclass 309
  • Health and Character 

Health Requirements: 

  • All applicants must meet certain health standards to ensure they do not pose a risk to public health or place undue burden on the Australian health services. 
  • You will be required to undergo health examinations, which may include a medical examination, chest x-ray, and HIV test. 
  • Health requirements may vary depending on your country of origin and any potential public health concerns. 

 

Character Requirements: 

  • You must be of good character to enter and remain in Australia. This involves providing police certificates from every country you have lived in for 12 months or more over the past 10 years since turning 16. 
  • The Department of Home Affairs assesses character based on: 
  • The absence of a substantial criminal record, 
  • No involvement in activities that pose a risk to the Australian community, 
  • The completion of a character statutory declaration. 

 

Application Process for Visa Subclass 309 and 100

  • Step 1: Eligibility Check
    Ensure you meet the eligibility criteria for both the visa subclass 309 and the partner visa subclass 100. This includes being in a genuine and ongoing relationship with your partner, who must be an Australian citizen, permanent resident, or eligible New Zealand citizen.

     

  • Step 2: Gather Documents 
    Collect all necessary documents, such as proof of relationship, identity documents, and evidence of financial and social aspects of your relationship.

     

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  • Step 3: Apply for Visa Subclass 309 

Submit your application for the offshore partner visa (subclass 309) online through the Australian Government’s immigration website. Pay the required visa application fee and provide all necessary supporting documents. 

  • Step 4: Wait for Visa Subclass 309 Approval 

After applying, you will receive a bridging visa that allows you to stay in Australia while your partner visa 309 application is processed. 

  • Step 5: Apply for Partner Visa Subclass 100 

Once your visa subclass 309 is granted, you can apply for the partner visa subclass 100. The processing time for the permanent visa can vary, and it may take up to two years. 

  • Step 6: Permanent Residency Approval 

Upon approval of the partner visa subclass 100, you will become a permanent resident of Australia, with the right to live, work, and study in Australia indefinitely. 

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Contact us today for a free consultation! 

KnN Migration’s experienced team will guide you throughout the process, ensuring a smooth journey.

FAQs

The visa subclass 309 is a temporary visa, while the partner visa subclass 100 is a permanent visa. 

 

Processing times can vary, but it generally takes 12 to 18 months. 

Yes, you can work in Australia with a visa subclass 309. 

You will need proof of your relationship, identity documents, and evidence of financial and social aspects of your relationship. 

 

Yes, you can travel to and from Australia with a visa subclass 309.

You must hold a visa subclass 309 and be in a genuine and ongoing relationship with your partner. 

 

It may take up to two years after being granted the visa subclass 309. 

Yes, you can include dependent children in your application. 

 

Yes, health examinations are required as part of the application process. 

If your relationship ends, you must notify the Department of Home Affairs. Your visa status will be reviewed. 

For the most current updates and detailed information, visit the Australian Government’s immigration website: Partner Visa Subclass 309 and 100

 

Contact KnN Migration!

Our team of experts can assess your eligibility, guide you through the application process, and ensure a smooth journey towards your Australian dream. 

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    Disclaimer

    The details shared above were accurate as of July 2024, but it’s important to note that migration regulations change over time. This information is meant for general understanding and should not be taken as legal advice. Keep in mind that information can change, so reach out to us for the latest guidance tailored to your situation. We look forward to assisting you!

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