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Subclass 309/100 Partner visa

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Are you an Australian citizen looking to sponsor your de facto partner for a 309 partner visa Australia? Our experienced team can assist you in preparing a decision-ready partner visa application, ensuring all supporting documents meet the health and character requirements set by the Australian government. With our guidance, you can establish the genuine and ongoing relationship necessary for a successful offshore partner visa application, leading to permanent residency in Australia.

Embarking on the journey towards a 309/100 Partner visa promises the opportunity for an unrestricted stay in Australia with your beloved partner. Yet, the path to securing this visa can often feel like navigating through uncharted waters, filled with complexities and uncertainties. That's where we step in at Australian Migration Agents, offering our specialized expertise to guide you through every twist and turn of the application process. 

With our tailored assistance, your dream of obtaining a Partner visa becomes not just a possibility, but a reality.

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What sets Australian Migration Agents apart

What is the Partner visa (subclass 309/100)?

Partnerships with Australian citizens, Australian permanent residents, or eligible New Zealand citizens open the door to potential eligibility for a partner visa 309/100.

These partner visas come in two distinct forms, each classified under different subclasses. Specifically, subclass 309/100 partner visas cater to partners applying from offshore locations. Despite being labeled as subclass 309 (provisional) and subclass 100 (permanent), both visas are applied for simultaneously.

Upon meeting the necessary criteria for the offshore partner visa, applicants typically secure a subclass 309 visa. This visa allows entry into Australia, enabling unrestricted living, working, studying, and traveling, along with access to Medicare services.

Following a two-year period on the subclass 309 visa, applicants become eligible to apply for the subclass 100 visa. Upon the grant of the 100 visa, individuals attain Australian permanent residency, granting full access to the array of benefits afforded to Australian residents.

Eligibility requirements for a subclass 309/100 Partner visa

Prior to applying for a subclass 309/100 partner visa, Australian migration law stipulates specific prerequisites that must be met:

  • Applicants must be offshore at the time of application.
  • A genuine relationship with the sponsoring Australian partner (an Australian citizen, Australian permanent resident, or eligible New Zealand citizen) is mandatory. This encompasses being either spouses or de facto partners, with exceptions applying to each category:some text
    • Spouse: Couples must be married.
    • De facto partner: Cohabitation for a minimum of 12 months or not living apart on a permanent basis is required.
  • Applicants must be over 18 years old, with limited exemptions available.
  • Meeting the health and character requirements is essential.
  • Same-sex partners are eligible to apply for this visa.

Additionally, to meet the eligibility criteria as an applicant for a subclass 309 visa, certain conditions must be fulfilled:

  • Sponsoring by a spouse or de facto partner who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
  • Establishment of a genuine relationship with the sponsoring Australian partner.
  • In-person meeting with the partner at least once.
  • Compliance with health and character requirements.
  • Application submission from outside Australia, with family members also required to be outside Australia.
  • Availability to be in or outside Australia during the decision-making process for the temporary visa application.

For sponsors of subclass 309 visa applicants, the following requirements must be met:

  • Sponsoring of the spouse or de facto partner and their accompanying family members.
  • Provision of financial assistance and accommodation support to the partner and their family members.

Benefits of a Partner visa

Embarking on the journey of obtaining a Partner visa in Australia opens doors to numerous advantages, fostering stability and opportunity for couples looking to build their lives together in the country. Below, we delve into the array of benefits offered by both the subclass 309 and subclass 100 visas.

The Partner visa program offers a myriad of benefits facilitating unity, growth, and access to essential services. Our team of Australian Migration Agents is ready to guide you through the application process, ensuring a smooth journey towards your goals in Australia.

Subclass 309 Visa Benefits:

  • Reunite with your partner in Australia upon arrival.
  • Engage in employment without constraints.
  • Assured fair compensation in the workplace.
  • Pursue educational opportunities freely.
  • Enjoy freedom of travel in and out of Australia.
  • Obtain essential healthcare services through Medicare.

Subclass 100 Visa Benefits:

  • Full Medicare Access: Comprehensive healthcare coverage upon obtaining the visa.
  • Domestic Student Fee Privileges: Pay domestic student fees at Australian institutions.
  • Citizenship Eligibility: Eligible to apply for Australian citizenship after meeting residence requirements.
  • Family Sponsorship Opportunities: Sponsor eligible family members to come to Australia.

Subclass 309/100 Partner visa checklist

When applying for a 309 Partner visa, providing comprehensive evidence is crucial to authenticate your relationship with your partner. To enhance the likelihood of a successful visa outcome, we've compiled a streamlined checklist encompassing all the necessary documents for your application.

By carefully assembling these documents, you'll demonstrate the authenticity of your relationship and significantly improve your Partner visa application. Our dedicated team of Australian Migration Agents is here to assist you throughout the process, ensuring a comprehensive and decision ready submission. 

A decision-ready submission refers to a visa application that is thoroughly prepared and includes all necessary documentation and evidence to support the applicant's case. It means that the application is complete, accurate, and organized in a manner that allows immigration authorities to make a decision on the application without the need for further information or clarification. A decision-ready submission increases the likelihood of a faster processing time and a successful outcome for the applicant.

  • Passport
  • Birth certificate
  • Marriage certificate (if applicable)
  • Proof of name change (if applicable)
  • Divorce certificate (if applicable)
  • National identity card

  • Australian police certificate
  • Overseas police certificate(s)
  • Military service records (if applicable)
  • Military discharge papers (if applicable)

  • Nature of your household
  • Nature of your commitment
  • Financial aspect of your relationship
  • Social aspect of your relationship

How the subclass 309/100 Partner visas work

The offshore partner visa application consists of two stages: the provisional stage (subclass 309) and the permanent stage (subclass 100). In the first stage, you must provide substantial evidence to demonstrate the authenticity and continuity of your relationship, along with personal documents such as identity and character records. Upon approval, the temporary subclass 309 visa allows entry to Australia for a two-year period, during which you can apply for the subclass 100 visa. 

After two years on the subclass 309 visa, you can proceed to apply for the subclass 100 visa, requiring evidence of your ongoing relationship. Additionally, if you meet specific criteria and are in a long-term relationship, you may qualify for a double grant of the 309/100 visa. Our experienced team of Australian Migration Agents can guide you through the application process, ensuring comprehensive preparation for a successful outcome.

Future visa pathways

Upon obtaining the subclass 100 visa, you achieve permanent residency in Australia, a significant milestone in your immigration journey. This status grants you the freedom to travel in and out of Australia for a period of up to five years, which can be extended with a Resident Return Visa (subclass 155). This visa pathway secures your ability to travel internationally while maintaining your status as a permanent resident. 

Additionally, once you have met the necessary residence requirements, you have the option to pursue Australian citizenship, which offers a multitude of benefits, including access to consular services and visa-free travel to over 100 countries on your Australian passport. This invaluable document not only serves as proof of your identity but also facilitates seamless exploration of various destinations worldwide.

Benefits of using Australian Migration Agents for your Partner visa

At Australian Migration Agents, our primary goal is to provide access to justice to all individuals entrusting us with their visa applications. Our team comprises highly trained agents with extensive experience in visa legislation and case law, ensuring that your application meets all the necessary requirements. We boast high success rates, even with the most complex of applications, demonstrating our proficiency in navigating the visa process. From ensuring compliance with health and character requirements to assisting with the submission of supporting evidence, we are dedicated to supporting you at every stage of your visa journey. 

Whether you're applying for a 309 partner visa in Australia or seeking permanent residency as an eligible family member, our agents are here to guide you through the process and maximize your chances of success.

Entrust your visa application to our trusted Australian migration agents to enhance your chances of success. With decades of experience and a wealth of knowledge in migration issues, our highly trained agents are dedicated to assisting individuals in starting a new life in Australia. From guiding you through the visa selection process to helping you compile the necessary paperwork and understanding the associated costs, our agents are here to provide comprehensive support at every step of your journey towards Australian residency.

  • High rates of success
  • Evidence of having even the most complex of applications granted
  • Ensure your application complies with all legislative requirements
  • Assist with all aspects of your visa application
  • Help you prepare any further documentation if requested by the Department of Home Affairs

Subclass 309/100 Partner visa costs

The current fee for the Partner visa application through the Australian Department of Home Affairs is detailed in the table below and must be paid in full at the time of lodging the application. It's crucial to note that the Department does not allow split payments, and that the fees are non-refundable in the event of application rejection or failure. Hence, it's imperative to submit a robust application to maximize the chance of success.

For visa subclasses 309/100 (offshore) and 820/801 (onshore), the initial fee covers both the temporary visa and permanent residence, eliminating the need for additional payments when applying for permanent residency after the base fee has been paid.

Subclass 309/100 (Offshore), Subclass 820/801 (Onshore) and Subclass 300 (Prospective Marriage)

Base fee: AUD 8,850.00

Additional Adult Applicant (18+): AUD 4,430.00

Additional Child Applicant (<18): AUD 2,215.00

In addition to the Department's application fee, our Australian Migration Agents charge a fee for their services. Our Migration Agents understand the financial considerations involved in the visa application process, which is why we offer affordable, flexible, and customized payment plans tailored to meet the diverse needs of every client. Whether it's spreading the cost over several installments or structuring payments according to individual circumstances, we prioritize ensuring that our clients can access the assistance they need without undue financial strain. With our payment plans, we aim to make Australian Migration Agents available to all, fostering peace of mind and confidence throughout the application journey.

Australian visa application steps

The application process can be a complex and time-consuming journey, with strict eligibility criteria and a certain amount of evidence required to support your application. A registered migration agent can help you gather the correct documents and improve your chances of visa success. 

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Step 1

Initial consultation

Book a free consultation with one of our registered migration agents, where we’ll discuss your situation and see how we can help you move forward.

Step 2

Application preparation & submission

Your Australia visa agent will prepare a submission to support your application, tailored to your unique situation and backed by all the documents required. Once completed, we’ll submit your application to the Department of Home Affairs on your behalf.

Step 3

Visa outcome

We’ll be in touch once the Department has come to a decision. If the application isn’t granted, we can appeal on your behalf.

Partner visa processing times using Australian migration agents

Visa processing times for the 309 Partner Visa in Australia can vary widely, from five months to ninety-six months. This variation depends on several factors, including the complexity of the application, the quality of the evidence provided, and the Department’s backlog. While the Department of Home Affairs provides estimates on their website, these estimates are not definitive, and actual processing times may differ. 

Our experienced migration agents ensure that applications are meticulously prepared to reduce the chance of delays. Unfortunately, some factors affecting processing times, such as the applicant's country of passport, are beyond our control and may lead to disparities in processing times. Despite these challenges, our dedicated team navigates the application process efficiently and effectively to ensure every applicant receives fair consideration under the law.

Partner visa considerations

For those considering the 309 Partner Visa Australia, timing and location are crucial factors to contemplate. The application process for the partner visa subclass 100 involves several steps and considerations. To begin with, it's essential to establish a genuine and ongoing relationship with your partner, whether it's a de facto relationship or a marriage. As an Australian citizen or permanent resident, your eligibility to sponsor your partner depends on various factors, including meeting health and character requirements. 

Understanding the visa process and gathering the necessary supporting documents are key elements in ensuring a successful application. Additionally, seeking advice from experienced migration agents can provide valuable insights into navigating the complexities of the visa application process. Whether you're applying for a temporary or permanent partner visa, having a clear understanding of the requirements and providing evidence to support your application is vital.

Our commitment to providing accessible services includes:

  • Offering most initial consultations free of charge, with all future services set at a fixed rate and agreed upon with you prior to commencing
  • Holding consultations in-person or online across Australia depending on your preference and location
  • Assistance with your subclass 309/100 application regardless of the stage you’re in

Australia-wide services

Our skilled team offers in-person and virtual appointments, which means we can provide immigration assistance and advice regardless of where you live in Australia.  

Frequently asked questions

Read our most commonly asked questions about the subclass 309/100 Partner visas

Is it easy to get a 309/100 Partner visa in Australia?

Numerous elements influence the probability of a successful outcome in your partner visa application. Our team of Australian Migration Agents provides complimentary consultations tailored to partner visa applications. During these consultations, our highly skilled and knowledgeable team will assess your case comprehensively, offering personalized insights into your chances of success. By leveraging our expertise and experience, we can offer you a more precise assessment of the likelihood of your application's success.

How long can you stay on the subclass 309 Partner visa?

While waiting for the decision on your subclass 100 partner visa application, you have the opportunity to reside, work, and live in Australia under the temporary subclass 309 partner visa. As long as you adhere to the visa conditions, you are permitted to lawfully stay in Australia throughout this duration.

Holders of subclass 100 partner visas can reside in Australia indefinitely, regardless of relationship status. But for temporary partner visas, such as subclass 309, a breakup may lead to your visa being revoked. Promptly informing the Department of Home Affairs is crucial, and you can do this via specific forms. Failure to report changes could result in visa cancellation without explanation. Following notification, you might still qualify for permanent residency based on specific circumstances, like domestic violence or parental responsibility. However, if your relationship isn't considered genuine, your visa may be canceled, requiring a new visa application or departure from Australia. For those ineligible for permanent partner visas, other visa options like student or skilled migrant visas are available.

How long does a 309 spouse visa take?

The processing times for the subclass 309 Partner Visa in Australia can vary significantly, ranging from five months to ninety-six months. This variation depends on several factors, including the complexity of the application, satisfaction with the evidence provided, and the Department’s backlog. While estimates are provided on the Department of Home Affairs website, these are not definitive, and actual processing times may differ. Our experienced migration agents ensure meticulous preparation of applications to minimize delays. However, factors like the applicant's country of passport may still affect processing times beyond our control. Despite challenges, our team navigates the process efficiently to ensure fair consideration under the law. Once granted, the subclass 100 visa grants permanent residency, allowing holders to live and work in Australia permanently. Additionally, eligible family members, including dependent children and de facto partners, can be included in the application process, provided the relationship meets the genuine and continuing criteria set by the Australian government.

Our team of Australian Migration Agents is dedicated to crafting applications that are 'decision-ready'. This meticulous approach ensures that all required documents, including supporting evidence and police certificates, are meticulously attached. In theory, an officer of the Department of Home Affairs could assess and decide on the application on the very first day of submission. This not only expedites the process but also minimizes the need for additional requests for information, thus reducing the risk of delays in the visa application process.

Is a 309 permanent residency?

No. A subclass 309 visa is only a temporary visa, the journey toward permanent residency in Australia typically begins with the provisional partner visa (subclass 309), which allows entry to Australia for two years, paving the way for the partner visa subclass 100. To qualify for the subclass 309 visa, substantial evidence of a genuine and ongoing relationship is essential, along with supporting documents like identity and character records. After two years, applicants can transition to the partner visa subclass 100, signifying permanent residency and affording benefits such as unrestricted travel. Subsequently, after 12 months on the subclass 100 visa, individuals may pursue Australian citizenship. For those in enduring relationships, there's the potential for a double grant of the 309/100 visa, further streamlining the pathway to permanent residence.

What is the difference between a 309 and an 820?

The primary distinction between a subclass 309 and an 820 partner visa is the location of the Applicant. Opting for  an offshore application is suitable when unable to secure an Australian visa or requiring extra preparation time, however it comes with potential drawbacks. Offshore applications may entail extended processing times, delaying the ability for a couple to reside together. Conversely, pursuing an onshore application enables firsthand experience in Australia and provides you with a Bridging Visa, albeit with potential limitations on work or study.

Ultimately, the choice hinges on individual circumstances and preferences, considering factors such as the genuine and ongoing relationship, health and character requirements, and supporting evidence.

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