Partner Visa Subclass 309/100

Yes, you can add your dependent child (under 18 years old) to your permanent partner 100 visa application. During the interim period, your child or dependent children must have a Dependent Child visa, allowing them to stay with you in Australia until you are ready to proceed with the subclass 100 permanent visa application.

If you require assistance with your child's visa application process, book a time with an Australian Migration Lawyer to guide you through the process.

You can stay, live, and work in Australia on the temporary subclass 309 partner visa while awaiting the outcome of your subclass 100 partner visa application. During this period, as long as you comply with all other visa conditions, you can lawfully live permanently here in Australia.

Yes, you can enter Australia after you have applied for the subclass 309 visa, but you must be outside the country when you lodge the application and generally when a decision is made. While waiting, you can travel to Australia on another valid visa, such as a Visitor visa, and move in and out of the country as permitted. Once the 309 visa is granted, it allows multiple entries, but you must enter Australia before the “first entry” date listed in your grant letter. It is recommended to check your travel conditions in ImmiAccount.

Unfortunately not—the subclass 309 visa is only a temporary visa. However, after being on the subclass 309 visa for the required amount of time (usually two years), you can apply for the partner 100 visa, which, once accepted, will grant you a permanent residency visa.

In the event that your relationship ends during the application period, there are certain special circumstances under which you may still be eligible for the partner 100 visa:

1. You were granted the subclass 309 visa and have arrived onshore; and
2. You have experienced domestic or family violence
3. You have a child with your sponsor
4. Your sponsor has passed away
   

If one or more of the above apply to you, please reach out to our legal team, who will be able to offer guidance on the next steps.

Subclass 309 visa holders can access Medicare in Australia, while partner visa 100 Australia holders can enjoy full Medicare access. Once you receive the 309/100 grant, we recommend contacting Medicare to verify your eligibility. Additionally, our team is here to provide information and support as needed.