AUSTRALIA PARTNER VISA (SUBCLASS 309/100)
The Partner Visa Australia Subclass 309/100 or the Australian spouse visa is the key aspect of Australian immigration that raises the interest of applicants to explore the scope and opportunities of a career in Australia. Through partner visas, the spouses or partners of Australian permanent residents and citizens can come to live with their partners in Australia. The partners or spouses of eligible New Zealand Citizens are also eligible to apply for an 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 that allows you to stay in Australia for a short time period. Whereas, Subclass 100 is a Permanent Resident Visa, that allows one to stay in Australia permanently, with your partner.
Eligibility Requirement to apply for Subclass 309 Visa
To apply for a Partner visa, as an applicant you must be either married or in a de facto relationship with any of the following:
Other Key requisites to apply for a visa
- You are outside Australia.
- You are a partner of an Australian citizen, Permanent resident, or eligible New Zealand.
- You can be granted a 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 Australian law. If you are applying for a partner visa as a de facto partner, then you must have been in a de facto relationship for at least 12 months.
How can you 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 of being on a subclass 309 visa in Australia, you can submit additional documents to apply for the Subclass 309 visa. The immigration authorities will check your documents, and if everything is 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.
- Study in Australia, but with no access to government funding
- Enroll in Medicare (Australia’s scheme for health-related care and expenses)
Partner visa Australia (subclass 100)
As already mentioned, the Subclass 100 visa is a permanent visa and the second stage of the Partner visa application, when a 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 the application for Subclass 309 visa.
A 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 in 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 a Subclass 100 Visa:
- Provides you the right to live in Australia indefinitely.
- Applicants can work in Australia during their stay.
- Applicants 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.
Fees for Partner Visa Subclass 309/100
Find below the visa fees for the Partner (Provisional and Migrant) visa (subclass 309 100):
1) Base Application Charge: AUD 8,085
2) Additional applicant charge (18 and over): AUD 4,045
3) Additional applicant charge (under 18): AUD 2,025
NOTE: The visa fees given above are subject to change and revision periodically. Hence, for any clarification about the fees or to confirm the latest/updated visa fees, you may contact HelpOverses immigration expert.
Additional charges applicable
- Medical Examination:-To be paid directly to the doctor conducting the 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 the number of copies to be certified
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AUSTRALIA PARTNER VISA (SUBCLASS 309/100)
Australia Dependent PR visa (Sub class 309 & 100 visa)
Are you the spouse of an Australian permanent resident, citizen, or eligible New Zealand citizen? The Department of Home Affairs allows these individuals to sponsor their partners under the 309/100 subclass partner visa.
Types of Australia Partner visa/De facto partner/Spouse visa
The current location of the partner/applicant determines which subclass visa to apply for:
- If outside Australia, apply for Subclass 309 and Subclass 100.
- If inside Australia, apply for Subclass 820 and Subclass 801
What Is A De Facto Relationship?
A De Facto relationship is essentially a partnership between two individuals who live together and are neither legally married nor related by blood. The criteria for what constitutes a De Facto relationship can vary, but it generally involves a couple living together on a genuine domestic basis.
Eligibility Requirements For The Partner To Apply For A Subclass 309 Visa
- Must be over 18 years of age.
- The applicant must be a spouse or de facto partner of an Australian PR holder citizen.
- The applicant and the sponsor must be legally married and in a monogamous relationship.
- Must meet all character requirements.
- Must meet all medical requirements.
- Must prove the genuineness of the relationship with the sponsor.
Eligibility for the sponsor to support a subclass 309 visa
- The sponsor must be an Australian PR, citizen, or eligible New Zealand citizen.
- Must financially sponsor the dependents.
- The sponsor must be a spouse or de facto partner of the subclass 309 visa applicant.
- The sponsor must hold Australian PR or citizenship, or be an eligible NZ citizen.
- The sponsor and the applicant must be legally married and in a monogamous relationship.
- Must not have applied for or received a Prospective Marriage Visa (subclass 300 visa) in the last five years.
- Must be of good character.
- Must prove the genuineness of the relationship with the applicant.
How can I apply for an Australia-partner PR visa from India or any other international country to Australia?
The sponsor in Australia must support their partner in applying for a dependent visa.
The application process for the Australia Partner Visa occurs in two stages.
Stage 1: The Subclass 309 Visa is issued to the dependent, allowing them to stay in Australia lawfully for a tenure of 2 years. Subclass 309 is a multiple-entry visa. However, it is a temporary or provisional visa for the dependent.
Stage 2: When the 309 visa expires after 2 years, the applicant becomes eligible to apply for a Subclass 100 visa, which allows them to stay in Australia permanently. Holding a Subclass 100 visa is officially recognized as a Permanent Partner visa.
What is the difference between Subclass 309 and Subclass 100?
Subclass 309 and 100 are Australian Partner visa categories.
Subclass 309 is a Provisional Partner Visa that allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily.
Subclass 100 is a Permanent Partner Visa that allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia permanently. It is typically granted only after the Subclass 309 visa.
What is the duration I need to be in a relationship?
Generally, you must prove that you have lived with your partner or at least have not been living apart permanently for a period of 12 months. This rule applies to most permanent and provisional Australian visas. However, for temporary visas, a shorter duration of cohabitation is acceptable.
What are the benefits of a subclass 309 visa?
- Work, study, and reside in Australia.
- Travel in and out of the country during your stay.
- Eligibility to access the Adult Migrant English Program.
- Apply for or enroll in public healthcare.
- Become an Australian citizen after 4 years.
What if We Have Been Apart for Some Time?
- To demonstrate a de facto relationship, it is necessary to show that you live together or at least do not live separately on a permanent basis. If you start cohabiting and then one partner temporarily relocates due to external factors, it might still be possible to submit a successful application.
- Acceptable external factors could include educational pursuits, occupational demands, or visa-related complications. It is crucial to provide evidence that you maintain close communication despite the separation.
What is the document checklist required to apply for a subclass 309 visa?
The Australian Partner Visa Documents Checklist is listed below:
- Copy of applicant’s passport
- Passport-size photographs
- National Identity Document
- Birth certificate
- If married: marriage certificate; if de facto partnership: documents proving the genuineness of the relationship (for at least 12 months)
- Joint bank account statements
- Medical Clearance Certificate
- Police Clearance Certificate
- Documents demonstrating the stability of your relationship
- Relevant documents from sponsor (including passport copy, accommodation records, and others)
Subclass 100 visa document checklist: (Apply after the Subclass 309 visa expires.)
- Additional evidence of your relationship (such as proof of cohabitation for 24 months)
- Copy of passport
- Police certificate from within Australia
- Sponsor’s identity documents
- Statutory declaration from the spouse
- Additional application forms
Step-by-step procedure to apply for a subclass 309 visa
- Prepare the document checklist before applying for the visa.
- Apply for this visa from outside the country. If inside Australia, apply for subclass 820.
- Submit a partner visa application form to the Australian Government.
- Fill out the online application form and check it for errors.
- Pay the visa application fee and submit your application.
- Upload the required documents.
- Request sponsorship for Subclass 309 from your partner.
- The Department of Home Affairs will process your application.
- You will receive your visa decision after the expected processing time.
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