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Partner Visa (309/100)
Partner Visa (309/100)
The Subclass 309 (Partner Provisional) visa and the Subclass 100 (Partner Migrant) visa are integral components of Australia’s partner visa program, enabling individuals to join their Australian spouse or de facto partner and eventually attain permanent residency. These visas offer a pathway for individuals who are either married to, or in a de facto relationship with, an Australian citizen, permanent resident, or eligible New Zealand citizen. The Subclass 309 is a temporary visa that allows the applicant to stay in Australia while their permanent Subclass 100 Partner visa application is processed.
Key Features
- The Subclass 309 visa allows the applicant to remain in Australia while their permanent Subclass 100 Partner visa application is processed.
- Applicants for the Subclass 100 visa must have previously held the Subclass 309 visa and continue to meet the necessary relationship criteria.
- The Subclass 100 visa grants permanent residency in Australia, enabling the holder to live, work, and study in the country indefinitely.
- The two visas are sequential in nature, with the Subclass 309 being a provisional, temporary visa granted while the Subclass 100 application is being assessed. In most cases, the applicant will transition from the Subclass 309 to the Subclass 100 visa once the required conditions are met.
Eligibility Criteria
Subclass 309 (Partner Provisional) Visa
The Subclass 309 visa is available to applicants who are married to, in a de facto relationship with, or intending to marry an Australian citizen, permanent resident, or eligible New Zealand citizen. The primary criteria for eligibility include:
- Genuine Relationship: The applicant must be in a genuine and ongoing relationship with their sponsor.
- Eligible Sponsor: The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Health and Character Requirements: The applicant must meet the health and character requirements as stipulated by Australian immigration authorities.
- Exceptional Circumstances: In some cases, applicants may qualify even if the relationship has ended due to family violence or other circumstances, such as the death of the sponsoring partner.
Subclass 100 (Partner Migrant) Visa
To be eligible for the Subclass 100 visa, the applicant must:
- Holder of Subclass 309 Visa: Be the holder of a Subclass 309 visa.
- Continuous Relationship: Have been in a continuous relationship with the sponsoring partner for at least two years, unless an exemption applies.
- Health and Character Requirements: The applicant must pass the same health and character requirements as for the Subclass 309 visa.
- Exceptional Circumstances: If the relationship has ended due to circumstances such as family violence, the applicant may still qualify for the Subclass 100 visa.
Family Members of the Primary Applicant
The concept of the “family unit” is central to both the Subclass 309 and Subclass 100 visa applications. Family members of the primary applicant, such as dependent children, may also apply for the visa under the secondary criteria. Secondary applicants must meet public interest criteria and be able to prove their dependency on the primary applicant.
- Primary Applicants: These are the individuals applying for the Subclass 309 or Subclass 100 visa based on their relationship with their Australian partner.
- Secondary Applicants: These are family members, typically children, who are included in the primary applicant’s visa application. They must meet specific requirements to be eligible for the visa.
Application Process for Subclass 309 and Subclass 100 Visas
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Lodge the Subclass 309 Visa Application:
- The applicant submits their application for the Subclass 309 visa, providing evidence of their relationship with the Australian sponsor, such as photographs, joint financial records, and statutory declarations.
- The sponsor must also submit documents confirming their Australian citizenship or permanent residency status.
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Visa Processing and Assessment:
- Immigration authorities assess the Subclass 309 application, which includes verifying the sponsor’s eligibility and ensuring that the applicant meets the health and character requirements.
- The applicant may be asked to attend an interview or provide additional documentation during the process.
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Grant of Subclass 309 Visa:
- If the Subclass 309 visa is granted, the applicant can enter or remain in Australia while waiting for a decision on their Subclass 100 visa application.
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Application for Subclass 100 Visa:
- After holding the Subclass 309 visa for a specified period, typically two years, the applicant can apply for the Subclass 100 visa. This involves submitting an application and providing additional evidence to demonstrate that the relationship remains genuine and ongoing.
- Once approved, the applicant will be granted permanent residency in Australia.
Visa Conditions and Obligations
Conditions and Obligations:
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Subclass 309 Visa Conditions:
- The applicant must enter Australia before a specified date.
- The visa holder must comply with all Australian laws and conditions related to their visa.
- The visa holder may be required to undergo regular reporting or comply with other immigration measures, as specified by authorities.
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Subclass 100 Visa Conditions:
- Once granted, the Subclass 100 visa provides permanent residency, allowing the visa holder to live, work, and study in Australia indefinitely.
- The holder must continue to comply with Australian laws and maintain the validity of their visa by meeting any renewal or reporting requirements.
Special Provisions for Family Violence
For applicants who have experienced family violence, there are provisions in place to ensure that they are not penalized for ending the relationship. The Subclass 100 visa application process takes into account cases of family violence, allowing the applicant to still qualify for permanent residency even if the relationship has ended due to abuse.
Exemptions and Special Circumstances
There are certain exemptions that may apply to the Subclass 100 visa, particularly regarding the two-year relationship requirement:
- Exemption for Long-Term Relationships: Applicants who have been in a long-term relationship with their sponsor may qualify for a waiver of the two-year waiting period.
- Exemption for Applicants in Long-Term Humanitarian Relationships: If the sponsoring partner holds a permanent humanitarian visa, the applicant may also be eligible for a waiver of the two-year requirement.
Validity and Duration of the Visa
The Subclass 309 visa is typically valid for two years from the date it is granted. During this period, the visa holder is allowed to live in Australia while awaiting the decision on their Subclass 100 visa application.
The Subclass 100 visa, once granted, is a permanent visa. This visa allows the holder to stay in Australia indefinitely, with full rights to live, work, and study in the country.
How TCM Global Assists Clients Throughout the Process
TCM Global provides expert guidance and support throughout the entire partner visa application process, ensuring that each client’s case is handled with care and professionalism. As a leading migration agency, TCM Global’s experienced team helps clients:
- Understand the complex eligibility criteria for both the Subclass 309 and Subclass 100 visas.
- Prepare and submit visa applications with the necessary supporting documents, ensuring compliance with all regulatory requirements.
- Navigate the various stages of the application process, including visa processing, assessment, and decision-making.
- Address any issues related to family violence, relationship termination, or special exemptions.
- Ensure that applicants meet the public interest criteria, including health and character assessments.
- Provide advice on visa conditions and obligations, ensuring that clients remain compliant with Australian immigration laws.
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By choosing TCM Global, applicants benefit from a comprehensive and transparent approach to the partner visa application process, offering peace of mind and expert assistance every step of the way.
Frequently Asked Questions
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What services does TCM Global Migration & Education Solutions offer?
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How can I apply for a student visa with TCM Global Migration & Education Solutions?
Contact us for a consultation. We’ll guide you in selecting an institution, preparing documents, and submitting your student visa application smoothly.
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Do you offer immigration services for all countries?
Yes, we offer immigration services for multiple countries including Canada, Australia, the US, the UK, and more, with tailored advice for each nation’s requirements.
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How long does the immigration process take?
Immigration processing times vary by visa type. We provide clear timelines and assist you at every stage of the process.
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How much do your services cost?
Costs vary depending on your specific needs. We offer transparent pricing and provide a detailed breakdown during the initial consultation.