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Spouses and de facto partners of an Australian citizen, Australian permanent resident or eligible New Zealand citizen may be eligible to apply for a Partner visa 309/100.
There are two types of Partner visas and they are differentiated by their subclasses. In this instance, subclass 309/100 Partner visas refer to partners who are applying offshore. While subclass 309 (provisional) and subclass 100 (permanent) are different visas, you apply for them at the same time.
If you apply for the offshore Partner visa and meet the eligibility criteria, you will typically receive a subclass 309 visa; this permits you to travel to Australia, where you can reside, work, study, travel without any limitations, and access Medicare services.
After two years on this visa, you will be eligible to apply for the subclass 100 visa. Once granted, you’ll become an Australian permanent resident, giving you complete access to the benefits available to Australian residents.
Australian migration law requires certain conditions to be met before you can apply for a subclass 309/100 Partner visa. These requirements include:
Same-sex partners are eligible to apply for this visa.
The main benefit of this Partner visa is that it enables you and your sponsoring Australian partner to live together and continue building a life in Australia without the uncertainties associated with a temporary visa status. To promote stability, the Partner visa program provides a range of benefits you can access even before becoming a permanent resident.
To support your 309 Partner visa application, the Australian government requires substantial evidence demonstrating the authenticity of your relationship with your partner. To improve the chance of your visa being granted, we’ve prepared a document checklist that includes everything you’ll need to supply with your application. To give you a brief rundown of what’s included:
The offshore partner visa application is split into two stages – the provisional stage (subclass 309) and the permanent stage (subclass 100).
You must supply significant evidence to establish the genuine and ongoing nature of your relationship. You’ll also need to provide personal records such as identity and character documents. If granted, the temporary subclass 309 visa will authorise your entry to Australia, where you can stay for two years without restrictions before becoming eligible to apply for the subclass 100 visa.
After two years on the subclass 309 visa, you can apply for the subclass 100 visa. This application process requires you to provide evidence that your relationship is ongoing.
If you and your partner are in a long-term relationship spanning multiple years, you may be eligible for a double grant of the 309/100 visa. If you meet the criteria, we can help you prepare this request.
Australian Migration Lawyers can help you prepare a comprehensive application to give you the best chance of success.
Once the subclass 100 visa is granted, you become a permanent resident with access to a range of benefits, including the flexibility to travel in and out of Australia for up to five years. To continue travelling internationally after that period, you’ll need to apply for a Resident Return Visa (subclass 155) and renew it every five years thereafter. Australian Migration Lawyers can assist you with submissions for the Resident Return Visa (subclass 155) and make the process as straightforward as possible.
After 12 months on the subclass 100 visa, you have the option to apply for Australian citizenship if you wish to do so. Although it’s not mandatory, Australian citizenship provides a number of benefits, including overseas support, consular services, and the ability to travel to over 100 countries on your Australian passport, visa-free. Let us help you become an Australian citizen!
At Australian Migration Lawyers, we’re committed to giving people access to justice, and we fulfil this goal by representing individuals who entrust us with their visa application.
The subclass 309/100 visa includes two main costs.
We operate on a fixed-fee case-by-case basis and will provide a quote after your initial consultation with one of our qualified lawyers when we will review the complexity of your application. We also offer payment plans for your convenience.
The current fee for 309/100 Partner visa applications is AUD $8850. The full amount must be paid upfront when you lodge your application (no split payments allowed). You can pay via debit/credit card, PayPal, UnionPay, or BPAY.
Applying for a visa to Australia can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you apply for the right visa.
It can take anywhere from five (5) months to ninety six (96) months for the government to process your subclass partner visa 309. This varies depending on the complexity of your application, how satisfied the department is with the evidence supplied, and the department’s backlog. When you choose Australian Migration Lawyers to assist with your application, we’ll ensure it’s submitted to the highest standard to reduce the chance of delays.
At Australian Migration Lawyers, our qualified legal team is highly experienced in Australian migration law, having undergone extensive training in order to practice in this specific area.
There is no way to guarantee that your visa will be granted, as this decision is made exclusively by the Department of Home Affairs, not any representative, lawyer or migration agent. However, with our legal experience, we can confidently put forward the best possible application to seek a successful outcome.
We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
Read our most commonly asked questions about the subclass partner visa 309 and 100.
Yes, you can add your dependent child (under 18 years old) to your permanent subclass 100 visa application. During the interim period, your child must have a Dependent Child visa, allowing them to stay with you in Australia until you are ready to proceed with the subclass 100 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 visa conditions, you can lawfully remain in Australia.
Yes, as long as you hold another substantive visa that allows you to enter Australia, for example a Visitor visa or a Temporary Work visa, and you can stay in Australia for the duration of that visa or any other subsequent visas you apply for. Simply applying for the subclass 309 visa does not entitle you to enter Australia. Please note that your subclass 309 visa cannot be granted if you are onshore. Typically, if you are onshore, the Department of Home Affairs will write to you to request that you leave so that it can make a decision on your application.
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 subclass 100 Partner visa which, once accepted, will grant you Australian permanent residency.
In the event that your relationship ends during the application period, there are certain circumstances under which you may still be eligible for the subclass 100 visa:
If one or more of the above applies to you, please reach out to our legal team who will be able to offer guidance on next steps.
Subclass 309 visa holders can access Medicare in Australia, while subclass 100 visa 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.