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Partner Visa Subclass 309/100

Find out everything you need to know about the Partner Visa 309/100, including who can apply, what proof you need, how long it takes to process, and how to get permanent residency in Australia.

Get Expert Advice From Our Registered Migration Agents

Are you an Australian citizen looking to sponsor your de facto partner for a partner visa 309 in 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 existence of a genuine and ongoing relationship necessary for a successful offshore partner visa application, leading to permanent residency in Australia.

Applying for a 309/100 partner visa grants you the opportunity for an unrestricted stay in Australia with your beloved partner. Yet, the path to securing this visa can be complex and uncertain. That's where we at Australian Migration Agents step in, offering our experienced guidance to help you navigate 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 is the Partner visa (subclass 309/100)?

Partnership with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen opens the door to potential eligibility for a partner visa 309/100.

These partner visas come in two distinct forms, each classified under different subclasses.

Subclass

Type

Description

Subclass 309

Provisional (Temporary)

Allows offshore applicants to enter and live in Australia temporarily

Subclass 100

Permanent

Grants permanent residency after meeting eligibility requirements

Despite being labelled as subclass 309 (provisional visa) and subclass 100 (permanent visa), both visas are applied for simultaneously.

Upon meeting the necessary criteria, applicants typically first secure a subclass 309 visa. This visa allows entry into Australia, enabling unrestricted living, working, studying, and travelling, 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.

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Eligibility requirements for a subclass 309/100 Partner visa

Before a partner 309 visa can be granted, both the applicant and the sponsor must meet certain requirements. Here is a list of the most important requirements.

General Requirements for Applicants

Before applying for a partner 309 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.

Relationship Type

Requirement

Spouse

Couples must be legally married

De facto partner

Cohabitation for a minimum of 12 months, or not living apart on a permanent basis

  • 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.

Specific Conditions for Subclass 309 Applicants

  • 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.
  • Family members included in the application must also be outside Australia.
  • Availability to be in or outside Australia during the decision-making process for the temporary visa application.

Requirements for Sponsors

  • 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.

How to Prove a Genuine Relationship for a Partner Visa

One of the most important parts of applying for a partner visa 309 Australia is showing that your relationship is real and still going strong. The Department of Home Affairs looks at your relationship in light of four main pillars. You need to give proof in each of these areas:

  • Financial aspects: Joint bank accounts, shared loans or mortgages, shared insurance policies, shared bills or utilities, and proof of financial support between partners, like money transfers.
  • Nature of the household: Shared lease or rental agreements, joint utility accounts, letters sent to both parties at the same address, and proof of shared household duties show how the household is set up.
  • Social aspects: Statutory declarations from friends and family confirming your relationship, pictures of you two together over time, travel records, event invitations sent to both partners, and proof of communication like call logs, messages, or video call history.
  • Nature of your commitment: Proof of your engagement or marriage, wedding photos, plans for the future that you both have, such as buying property or booking travel, wills that name each other as beneficiaries, and any cultural or religious ceremonies that show your commitment.

Keeping track of regular communication and visits is especially important for long-distance relationships. Our licensed migration agents can help you figure out which documents will help your Australia partner visa 309 application the most.

Benefits of a Partner Visa 309/100

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 programme offers various benefits that promote 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 the 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 permanent residency.
  • 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

According to Australian law, providing comprehensive evidence to authenticate your relationship is crucial when applying for a partner visa Australia 309. Here is a simple checklist to help you get your application ready to be reviewed.

Why a submission that is ready to be decided is important:

  • All the paperwork and proof you need is included up front.
  • The application is full, correct, and well-organised.
  • Immigration officials can make a choice without asking for more information.
  • It makes it more likely that the partner visa will be processed more quickly and that the outcome will be good.

What We Help With

How It Benefits You

Document review and preparation

Ensures all evidence meets legislative requirements

Relationship evidence guidance

Strengthens proof of a genuine and continuing relationship

Decision-ready submission

Minimises delays and requests for additional information

Support for married, de facto, or prospective marriage applicants

Tailored assistance regardless of your relationship type

  • 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
  • The financial aspect of your relationship
  • The 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 by providing 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 to ensure comprehensive preparation for a successful outcome.

When the Visa Can Be Granted

When you get your visa depends on what stage you're at and if you meet any special requirements. Here are the main conditions for the grant:

  • Subclass 309 grant conditions:
    The applicant must not be in Australia when the decision is made, unless there are special exceptions.
    The relationship must be real and still going on when the Department makes its decision.
    All requirements for health, character, and identity must be met.
  • Subclass 100 grant conditions:
    There must still be a real and ongoing relationship at least two years after the subclass 309 application was filed.
    At the time of the subclass 100 decision, both the applicant and the sponsor must still meet the eligibility requirements.
  • Early or double grant situations:
    The relationship has been going on for at least three years when the decision was made.
    The couple have a child together from their relationship.
    The applicant was sponsored under a prospective marriage visa (subclass 300) before applying for the partner visa.
  • Exceptions for relationship breakdown:
    If the relationship has ended, applicants may still be able to get the subclass 100 visa in some cases, like if there is family or domestic violence, the sponsor dies, or they share custody of a child.

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 serves as proof of your identity and facilitates seamless exploration of various destinations worldwide.

Benefits of using Australian Migration Agents for your Partner visa 309/100

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 guiding you through every stage of your visa journey.

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

Rely on our trusted Australian migration agents to strengthen your visa application and enhance your chances of approval. 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.

Why choose Australian Migration Agents?

  • 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
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Subclass 309/100 Partner visa costs

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

Primary applicant fee: AUD 9,365

Secondary applicant fee (18+): AUD 4,685

Secondary applicant fee (<18): AUD 2,345

In addition to the Department's application fee, our Australian Migration Agents charge a fee for their services. We understand the financial considerations involved in the visa application process, which is why we offer affordable, flexible, and customised payment plans tailored to meet the diverse needs of every client. Whether it's spreading the cost over several instalments or structuring payments according to individual circumstances, we prioritise 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 for Partner visa 309

The application process can be complex and time-consuming, 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.

Book a consultation
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Step 1

Free 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.

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Step 2

Application Preparation & Submission

Your Australian 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.

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Step 3

Visa outcome & appeals support

We’ll inform you once the Department has reached a decision. If the application isn’t granted, we can appeal on your behalf.

Partner Visa Processing Time (309/100)

Visa processing times for the partner visa 309 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 its 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 partner visa processing time, such as the applicant's country of passport, are beyond our control and may lead to disparities in processing durations. 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 partner visa 309 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.

Relationship Breakdown Provisions

Even if the relationship has ended, some applicants may still be able to get permanent residency through the partner visa pathway. The Department of Home Affairs knows that some things are out of the applicant's control and has made special rules for these situations:

  • Family or domestic violence: If the relationship ended because the sponsor was violent towards the applicant's family or home, the applicant may still be able to get the subclass 100 visa. You may need to show proof like police reports, court orders, medical records, or statutory declarations from professionals.
  • Death of the sponsor: If the sponsoring partner dies before the subclass 100 visa is granted, the applicant can still go through with the application as long as the relationship was real and ongoing at the time of the sponsor's death.
  • Shared custody of a child: If the applicant has parental responsibility for a child of the relationship (including a child born to either partner), they may still be able to get the permanent visa even after the relationship ends.

The Department will need proof to back up the claim in all of these cases. Our migration agents can tell you what documents you need to support your application under these rules.

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 the task

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 migration 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 Partner visa 309/100

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

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Several factors 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 personalised insights into your chances of success. By leveraging our skills 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?

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While waiting for a 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. After notifying, 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 cancelled, 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?

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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 minimise delays. However, factors like the applicant's country of passport may still affect processing times, which is 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 properly 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 expedites the process and minimises the need for additional requests for information, thus reducing the risk of delays in the visa application process.

Is a 309 permanent residency?

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No. A subclass 309 visa is only a temporary visa; the journey towards 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?

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The primary distinction between a subclass 309 and an 820 partner visa is the applicant's location. 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 (subclass 309) may have longer processing times, delaying a couple's ability to reside together. Conversely, pursuing an onshore application (subclass 820) provides you with a Bridging Visa, which allows you to stay in Australia during processing.

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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