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Partner (Provisional and Migrant) Visa (Subclass 309 & 100)

The Partner visa(s) enable the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.

The Partner (Subclass 309) visa is a temporary/provisional visa which allows the partner to stay in Australia until a Partner (Subclass 100) visa, which is a permanent visa, is granted or until you no longer meet the criteria for the visa – due to leaving a relationship or similar. Getting subclass 309 visa is the first step towards getting the permanent subclass 100 visa. Subclass 100 is a permanent visa which allows the partner to live in Australia indefinitely regardless of future relationship status.

You MUST apply for both Visa’s at the same time.

Length of the Visa

You will stay on Subclass 309 visa until a decision is made on your Subclass 100 (permanent) visa. The period of stay on subclass 309 visa for most applicants is 15 to 24 months.

Eligibility Criteria for Subclass 100 Visa

To be eligible for the permanent Subclass 100 visa you must hold a Subclass 309 visa.
You must still be in a relationship with the same sponsor who sponsored you for subclass 309 visa.
You must continue to be sponsored by the sponsor who sponsored you for subclass 309 visa.
You might still be eligible for the subclass 100 visa if your relationship breaks down and your sponsor withdraws the sponsorship in the following circumstances:
1. If your sponsor dies after the grant of the Subclass 309 visa
2. If you have a child from your relationship with the sponsor.
3. If you have suffered family violence during your relationship.

Eligibility Criteria for Partner Visa

You must be married or in a genuine de facto relationship with an Australian citizen, Australian permanent resident or eligible New Zealand Citizen. Your relationship can be with someone of the same or different sex. You might still be eligible for the visa if your relationship breaks down or your sponsor dies while your application is in process.
Have a sponsor. Your sponsor will usually be your partner. Your sponsor must be approved. There are limitations on approval. You can’t change your sponsor.
In case of a married applicant:
1. You and your spouse must both be committed to a shared life together to the exclusion of all others
2. your relationship with your spouse must be genuine and continuing
3. you must live with your spouse or do not live apart on a permanent basis
4. your marriage must be valid under Australian law
In case of a de facto applicant:
1. you must not be married to your partner
2. you are committed to a shared life to the exclusion of all others
3. your relationship is genuine and continuing
4. you live together or do not live separately and apart on a permanent basis
5. you are not related by family
6. Usually, your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. The 12-month requirement will not apply in the following circumstances:
  - if you can show that the compelling and compassionate circumstances exist for the grant of the subclass 309 visa
  - if your partner holds or held a permanent humanitarian visa, your de facto relationship existed before the visa was granted to them and your de facto partner disclosed to the department their relationship before they were granted their visa.
  - If you are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
  - If you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages
7. You must be outside Australia when you apply for the Subclass 309 (temporary) visa and until it is granted.
8. Your marriage or de facto status must be legally recognized in Australia meaning applicants must be 18 or older to apply.
9. Meet health and character requirements.
10. Not had a partner visa cancelled or refused.
11. Not have any debts to the Australian government, or you must have made an arrangement to pay any money owing back,
12. To be eligible for the permanent Subclass 100 visa you must hold a Subclass 309 visa.

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To be eligible for the permanent Subclass 100 visa you must hold a Subclass 309 visa.
You must still be in a relationship with the same sponsor who sponsored you for subclass 309 visa.
You must continue to be sponsored by the sponsor who sponsored you for subclass 309 visa.
You might still be eligible for the subclass 100 visa if your relationship breaks down and your sponsor withdraws the sponsorship in the following circumstances:
1. If your sponsor dies after the grant of the Subclass 309 visa
2. If you have a child from your relationship with the sponsor.
3. If you have suffered family violence during your relationship.

Benefits on this Visa

With Subclass 309 (provisional) visa, you can:

Move to Australia and stay in Australia until they decide the status of your permanent Partner visa (subclass 100).
Work and study in Australia (without government support).
Enrol in Medicare.
Travel to and from Australia as many times as you want.
Attend up to 510 hours of free English language classes.
Add dependent children and step-children to your application

With Subclass 100 (permanent) visa, you can:

- Stay in Australia indefinitely. This is a permanent Australian Visa.
- Work and study in Australia,
- Enrol in Medicare.
- Sponsor your relatives to come to Australia.
- Travel to and from Australia for 5 years. After this period, you need a Resident Return (RRV) visa to re-enter Australia as a permanent resident.
- Apply for Australian citizenship, if eligible.

How to Apply

You must apply for both the Partner Offshore Visa Subclass 309 (provisional) & 100 (permanent) at the same time, and you must be outside of Australia when you apply. You apply for these visas using an online process.

Once you have your Partner Offshore Subclass 309 visa you can move to Australia and travel freely in and out of Australia. You can be overseas when your 100 (permanent) visa is granted.

Processing Times

Partner Offshore visas are in high demand. Standard waiting times for the Subclass 100 (provisional) is between one and two years.

Costs

You pay for both visa applications at the same time for Partner Offshore Visa Subclass 100 & 309. This cost is from $7,160 for most applicants. Any children on your application will pay an extra processing fee.

Free Visa Assessment

We can determine your eligibility for the Partner visa. Please email us your details at info@nadeemlawyers.com.au or call us on 02 96357903 and we will provide you with more detailed information on the steps, fees and process.

DISCLAIMER: The information provided here is only for general understanding and does not constitute legal advice.

Nadeem lawers

Nadeem Lawyers is a law practice with a focus on Immigration, Business & Property Conveyancing, Family Law, and Wills & Estate. We are conveniently located in the Parramatta CBD. We pride ourselves on our personable approach and focus on establishing long-term relationships with our clients. Our team is committed to achieving meaningful results for our clients in a cost-effective manner. We feel a great sense of achievement when we see our clients emerging happier at the conclusion of their matters.

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Partner (Provisional and Migrant) Visa (Subclass 309 & 100)