Partner Visa ( Subclass 309/100 ) ( Temporary and Permanent ) ( Offshore )

Subclass 309/100: Partner Visa

The Subclass 309/100 Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. This visa has two stages: a temporary visa (Subclass 309) and a permanent visa (Subclass 100). Applicants first obtain the Subclass 309 visa while their permanent visa application (Subclass 100) is processed.

Key Features

• Temporary Visa (Subclass 309): Permits applicants to stay in Australia until the permanent visa decision is finalized.
• Permanent Visa (Subclass 100): Grants indefinite stay in Australia with access to benefits such as Medicare and work rights.
• Pathway to Australian Citizenship: Permanent visa holders can apply for citizenship after meeting eligibility criteria.
• Work and Study Rights: Both visa stages allow work and study in Australia.
• Travel Rights: Temporary visa holders can travel to and from Australia freely.

Eligibility Criteria

1. 1. Relationship: Applicants must be in a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. The relationship must be one of the following:
   • Spouse (legally married)
   • De facto partner (must have lived together for at least 12 months unless exempted)
2. 2. Age: Applicants and sponsors must be 18 years or older.
3. 3. Health and Character Requirements: Applicants must meet Australian health and character standards.
4. 4. No Outstanding Debts: Applicants must have no outstanding debts to the Australian government or have made arrangements to repay them.
5. 5. Offshore Application: Applicants must be outside Australia when applying for the Subclass 309 visa.

Secondary Applicant Requirements

Family members (such as dependent children) can be included in the application, provided they meet health and character requirements.

Application Process

• Preparation: Gather necessary documents, including identity, relationship evidence, and sponsorship documents.
• Submission: Apply online for the Subclass 309 visa through the ImmiAccount portal.
• Sponsor Application: The sponsor must also complete a sponsorship application.
• Processing: Await the decision on the Subclass 309 visa. Once granted, the applicant can live in Australia temporarily.
• Permanent Visa (Subclass 100): Two years after submitting the Subclass 309 application, eligible applicants are considered for the Subclass 100 visa. Further documentation may be required to prove the ongoing relationship.

Visa Conditions

• Subclass 309: Must comply with Australian laws and inform immigration authorities of any address changes.
• Subclass 100: No significant conditions but requires adherence to Australian laws.

Validity and Benefits

• Temporary Visa (Subclass 309): Valid until a decision is made on the Subclass 100 visa.
• Permanent Visa (Subclass 100): Indefinite stay in Australia with access to work, study, Medicare, and social benefits.

Benefits

• Live, work, and study in Australia.
• Access to Medicare (Australia’s public healthcare system).
• Include eligible family members in the application.
• Pathway to permanent residency and Australian citizenship.

For detailed advice or assistance, consult a registered migration agent to ensure the best outcome for your application.