Subclass 309/100 is a two-stage visa application that allows an offshore foreign spouse or partner of an Australian citizen, permanent resident or eligible New Zealand citizen the opportunity to live in Australia, indefinitely.
To be approved for sponsorship, your sponsor must be:
In addition to the above, you are barred from sponsoring you if:
unless compelling and compassionate circumstances applies.
You must be the spouse or de facto partner of an:
To be eligible for an 100 visa, you must:
There are 4 main aspects of the relationship that the Department of Home Affairs will consider when assessing any partner visa application:
Ideally, we recommend that you apply for an Onshore Partner Visa. However, you may not always be eligible for this. This could be due to many factors, including:
If you are unable to apply for an 820 visa, we recommend that you apply for Subclass 309/100 or Prospective Marriage Visa, if you meet the visa eligibility criteria.
*Please note that this is general advise only. Please reach out to us for a comprehensive consultation, based on your circumstances.
Partner Visa may seem easy, but we’ve seen many applications refused, due to issues that they weren’t aware of!
Getting the Permanent Partner (Migrant) Visa (subclass 100) is a three-stage process which goes as follows:
STEP 1: Apply and be granted a Subclass 309
To begin your permanent residency journey, you begin with by applying for a Subclass 309 Temporary Partner Visa.
STEP 2: Wait for Visa Grant
Once you have applied for Subclass 309, wait for the Department to respond with any documents that they require to process your application.
Once the Department is satisfied that you have met all the criteria for a Subclass 309 grant, they will grant the Subclass 309 Visa Application. Alternatively, if you have been in a long-term relationship before you lodge your 309 (temporary) application, the permanent Partner (Migrant) visa (subclass 100) may be granted immediately along with the temporary Partner (Provisional) visa (subclass 309).
STEP 3: Apply for Permanent Partner Visa
You are eligible to apply for the permanent Partner (Migrant) visa (subclass 100) two years from the lodgement of your temporary Partner (Provisional) visa (subclass 309). Your provisional visa must be granted before applying for a permanent partner visa.
We have summarised a cost estimate for a Partner Visa application as below.
75% of applications are processed in 20 months
90% of applications are processed in 32 months
75% of applications are processed in: 18 months
90% of applications are processed in: 29 months
PROCESSING TIME FOR PERMANENT PARTNER VISA
As part of efforts to reduce the size of permanent partner visa caseload, older and more complex permanent Partner cases are now being processed. These cases take longer to finalise and are impacting published processing times.
MORE PLACEMENTS FOR PARTNER VISA
In the recent Budget, the government announced that the higher annual intake of Family visa grants (including Partner Visa) to be 77,300 which accounts for nearly 49% of the entire migration program.
PARTNER VISA GRANT
If you have applied outside Australia for a Partner (subclass 309) visa and you are in Australia during the COVID-19 concession period, you can be granted a visa in Australia if you meet all other visa criteria.
The COVID-19 concession period started on 1 February 2020 and is ongoing. However, this is subject to change without notice.
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