The Subclass 309/100 visa application is an offshore two-stage partner visa that enables a spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen residing offshore to move to Australia permanently.
From 25 November 2023, the Partner (subclass 309) visa can be granted to applicants in or outside Australia. You must, however, be outside Australia when you apply for this visa
With this visa, you can:
There are 4 main aspects of the relationship that the Department of Home Affairs will consider when assessing any partner visa application:
Under this section, you must provide evidence that reflects your financial commitment to each other.
In this section, you can provide evidence of any joint responsibility for the care and support of children, your living arrangements and sharing of the responsibility for housework.
In this section, you can outline important social aspects of your relationship, including opinion of your family, friends and acquaintances about the nature of your relationship.
In this section, you can outline significant events in your lives during which you have relied on each other for support and future plans together.
To be approved for sponsorship, your sponsor must be:
Your sponsor is barred from sponsoring you if:
You must:
If you are in a de-facto relationship, your relationship must have existed for at least 12 months immediately before you apply for the visa.
This will not apply if you:
The sponsor must:
You must:
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
After submitting your Subclass 309 application, we will await the Department's request for any necessary documents to proceed with your application. Upon confirming that you have satisfied all the requirements for a Subclass 309 grant, the Department will approve your visa application.
Alternatively, if you have been in a long-term relationship before lodging your 309 (temporary) application, the permanent Partner (Migrant) visa (subclass 100) may be granted immediately in addition to the temporary Partner (Provisional) visa (subclass 309).
STEP 3: Apply for Permanent Partner Visa
You may apply for the permanent Partner (Migrant) visa (subclass 100) two years after submitting your temporary Partner (Provisional) visa (subclass 309) application, provided that your provisional visa has been approved prior to applying for the permanent partner visa.
Partner Visa may seem easy, but we’ve seen many applications refused, due to issues that they weren’t aware of!
Although forgetting to lodge your sponsorship application might not lead to a visa refusal, this can increase your visa application processing time.
If you are in Australia and you have a visa with condition 8503, you will not be able to apply for a partner visa onshore, unless if the condition was waived.
Applying for a partner visa does not cancel your current visa. Your current visa remains valid until it expires. This could lead to non-compliance to your current visa.
If you do not have a valid visa when applying for a Partner visa, you are subjected to Schedule 3. Your partner visa will only be successful if compelling circumstances applies to you.
If you have had a previous refusal in your bridging visa, you may be barred from applying for other visas. While exemptions do apply for Partner Visa, this may only be granted, in certain circumstances.
If your relationship breaks down whilst applying/holding on to a Temporary Partner Visa, you may not be eligible for a Permanent Partner Visa, unless if specific circumstances apply.
Under PIC 4020, a visa might be refused if bogus documents or information that is false or misleading is given to the Department or the AAT. If there is any false or misleading information in your visa application, this can lead to complications.
The 12 months of de-facto relationship requirement does not apply if you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages
A Partner visa application might be prioritised where you can demonstrate compelling and compassionate circumstances. There is no guarantee that your application will be given a higher priority as other applicants might have equally or more compelling and compassionate circumstances.
Applications can only be considered for priority processing where all the required information has been submitted and all relevant legislative requirements are met before an application can be finalised.
Once you have submitted all the necessary information, you may request priority processing using the Partner Processing Enquiry Form.
You can view processing times here: Processing Times
You can be sponsored by your current partner if they have only sponsored one partner in the last five years.
If they have sponsored more than one partner for a partner visa, they may be unable to sponsor you, unless compelling reasons apply in your case.
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). Alternatively, we can assist you with creating a decision ready application at the time of lodgement to reduce delays in processing your application.
Children under the age of 18 will be considered dependent, and therefore be included in your partner visa application. Children over 18 may be included if they are dependent on your or is incapacitated and is substantially reliant on you.
You are able to visit your partner, if you have an approved visa to travel to Australia.
You may be able to get married during your visa processing, if you had applied as de-facto, as soon as you satisfy de-facto requirements at the time of lodgement of your visa application (12 months of living together or have a relationship certificate). We strongly recommend that you consult with us before getting married.
When you apply for a partner/ spouse visa, you are taken to have applied for both the temporary and the permanent partner visas together.
Therefore, you are not required to pay any additional visa fees when lodging your permanent partner visa application. However, you will need to make a separate application for the permanent partner visa application.
We have summarised a cost estimate for a Partner Visa application as below.
Paid directly to the Department of Home Affairs
Paid directly to the Department of Home Affairs
Paid directly to the Department of Home Affairs
Paid directly to the agency (i.e.; BUPA in Australia) that conducts your medical checks
Paid directly to Australian Federal Police that conducts your character checks
Paid directly to overseas authorities that conducts your character checks
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