Partner (Provisional and Migrant Visa) (SUBCLASS 309/100)
Eligible New Zealand citizens, permanent residents, or spouses of Australian citizens or de facto partners are permitted to remain in Australia under the Partner (Provisional and Migrant visa) subclasses 309 and 100.
While the migrant 100 visa is permanent, the provisional 309 visa is only meant to be used temporarily. First, the candidate is awarded a temporary provisional 309 visa, which permits them to remain in Australia for two years and apply for a migrant 100 visa during that time.
Eligibility Criteria
For Partner (Provisional) (Subclass 309)
- You must be outside of Australia when lodging an application and when the decision is made
- You must be spouse or de facto partner of Australian citizen, permanent resident or eligible New Zealand citizen.
- You must be at least 18 years of age or more when you apply for this visa (applied to both spouse and de facto partner)
- You must have a sponsor if your partner is less than 18 years of age (your partner’s parent or guardian who are an Australian citizen, permanent resident or eligible New Zealand citizen.)
- You must meet health and character requirements
- You must have repaid all the debts to the Australian government (if any) before the visa is granted.
For Partner (Migrant) (Subclass 100)
- You must hold a temporary partner visa (subclass 309)
- You must be in the continued marriage or de facto relationship unless there are special circumstances
- You must have abided by with all Australian laws and the conditions on temporary 309 visa
Health and Character Requirements
You and all the family members included in the visa application must have:
- Health check-ups done within 12 months of applying for the visa
- Police certificate from countries you have lived in for 12 months or more in the past ten years
Obligations for Sponsors
Sponsors must provide following things for two years after the applicant enters Australia on temporary migrant 309 visa
- Accommodation
- Financial support including English language courses if require
- Other support like child care if require
Family Members in Visa Application
You can include children or step children in your application
- Visit:- https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore/provisional-309 to know the eligibility requirements for family members.
- Want to ensure an accurate processing for your visa? Give a buzz to our registered migration agent and get started with an assessment today.
Visa Class
Partner Visa
As the name suggests, this is a visa for married partners (i.e. opposite-sex spouses) and de facto partners (including those in a same-sex relationship) of Australian citizens, Australian permanent residents and eligible New Zealand citizens to enter and remain permanently in Australia….
FAQs About Partner (Provisional and Migrant Visa) (SUBCLASS 309/100)
The subclass 309/100 visa is designed for individuals who are in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. It allows the partner to enter and stay in Australia on a temporary basis (subclass 309) while their permanent partner visa (subclass 100) application is being processed.
The subclass 309 visa is a temporary visa that allows you to live, work, and study in Australia while your permanent partner visa (subclass 100) application is being assessed. Once you meet the eligibility requirements and your permanent partner visa is granted, you can remain in Australia permanently.
You need to submit one combined application for both the subclass 309 and subclass 100 visas. You can apply online through the Department of Home Affairs website or by using a paper application form.
The eligibility criteria generally include being in a genuine and ongoing relationship with an eligible partner, meeting health and character requirements, and meeting specific requirements based on your circumstances. The Australian partner (sponsor) also needs to provide sponsorship and meet certain requirements.
Yes, you can include dependent family members, such as children, in your application. They will need to meet certain criteria as well.
Processing times can vary, but it generally takes several months to a year or more for the subclass 309 visa to be processed. Once the subclass 309 visa is granted and the waiting period has passed, the subclass 100 permanent visa application will be assessed.
Yes, the subclass 309 visa allows you to work and study in Australia during its validity period.
If your relationship ends after the subclass 309 visa is granted but before the subclass 100 permanent visa is approved, you will need to notify the Department of Home Affairs. The department will assess your situation and provide guidance on the next steps.
No, the two-step process is designed to assess the genuineness and durability of the relationship over time. The subclass 309 visa serves as a temporary visa to ensure the relationship is still ongoing before granting permanent residency.
The cost of a partner visa (subclass 309/100) can vary and is subject to change. As of now, the cost is typically around AUD $7,715 for the combined application for both the temporary subclass 309 and the permanent subclass 100 visas. However, fees may change over time, and it’s recommended to check the official Australian Department of Home Affairs website for the most up-to-date information on visa fees.
