Partner (Provisional and Migrant Visa) (SUBCLASS 309/100)
The Partner (Provisional and Migrant) visa (subclass 309 and 100) enables spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia. The initial 309 visa is temporary, allowing a two-year stay, after which applicants can apply for the permanent 100 visa.
Partner (Provisional) Visa 309
To qualify for the Partner (Provisional and Migrant) visa (subclass 309 and 100), you must:
- Have not had a visa cancelled or an application refused
- Apply from outside Australia
- Have a sponsor (usually your partner)
- Meet age requirements
- Fulfill relationship criteria
- Meet health and character requirements
- Have no debt to the Australian Government
- Sign the Australian values statement
- Consider the best interests of the child
Partner (Provisional) Visa 309
Immigration History: We assess your immigration history, and a prior visa cancellation or refusal may impact your eligibility for this visa.
Sponsor Approval: Your sponsor, typically your partner, needs our approval.
Age Requirements: For married applicants, the usual age requirement is 18 or older. De facto relationship applicants must also be 18 or older.
Health, Character, and Financial Criteria: You must meet health and character requirements, have no government debts, and sign the Australian values statement.
Benefits of the Visa:
With this visa, you can:
- Stay in Australia
- Work and study in Australia
- Travel to and from Australia as often as needed
- Attend free English language classes (if eligible)
- Apply for access to Australia’s public health care scheme, Medicare
Duration of Stay:
You can remain in Australia until your permanent Partner visa (subclass 100) application is processed or until you withdraw your application.
Including Family Members:
You can include family members who must meet health and character requirements and be outside Australia. They can be added during the application or before the temporary visa decision.
Obligations:
You and your family members must adhere to all visa conditions and comply with Australian laws.
Travel:
Travel to and from Australia is unlimited during the visa validity. If outside Australia during visa grant, enter before the specified initial arrival date.
Cost:
The total cost, covering both the Temporary and Permanent Partner visas (subclass 100), is AUD8,850.00 for the main applicant, with an additional fee for each accompanying family member.
Partner (Migrant) Visa 100
Eligibility for Permanent Partner Visa (Subclass 100):
To qualify for the Permanent Partner Visa (subclass 100), you must:
- Meet visa requirements
- Continue to meet relationship requirements
- Have no debts to the Australian government or have arranged to pay debts back
Visa Requirements:
Hold either:
- A Partner (Provisional) visa (subclass 309), or
- A Dependent Child (subclass 445) visa.
A minimum of 2 years must have passed since applying for the combined 309 and 100 visa for assessment for the permanent visa. In certain cases, if in a long-term relationship or the sponsor held a specific visa before applying, the permanent visa may be granted in less than 2 years.
Continue to Meet Relationship Requirements:
You must remain the spouse or de facto partner of the same person who sponsored you for the temporary Partner visa. Key requirements include being married or in a de facto relationship, maintaining a genuine and continuing relationship, living together or not living permanently apart, and being mutually committed to a shared life excluding other partners. Even if the relationship breaks down or the partner dies before the permanent visa is granted, you may still be eligible.
No Debts to the Australian Government:
Ensure no debts to the Australian Government exist.
Benefits of the Permanent Partner Visa (Subclass 100):
This permanent visa allows you to:
- Stay in Australia as a permanent resident
- Work and study in Australia
- Access Australia’s public healthcare scheme, Medicare
- Sponsor family members to come to Australia
- Travel to and from Australia
- If eligible, attend free English language classes provided by the Adult Migrant English Program
- If eligible, apply for Australian citizenship
Duration of Stay:
It grants permanent residency upon approval.
Obligations:
You and your family members must meet all visa conditions and comply with Australian laws.
Travel:
Unlimited travel to and from Australia for 5 years from the visa grant date, as long as the travel facility remains valid.
Including Family Members:
Family unit members can be included when applying for the temporary Partner visa (subclass 309), but additions are not allowed after the permanent Partner visa (subclass 100) is granted. Dependent Child visa (subclass 445) holders can be added before the decision on the permanent visa application.
Cost:
Fees were paid when applying for the combined temporary and permanent partner visas.
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The details presented here are intended for general comprehension and do not constitute legal advice. It is advisable to verify the latest information with the Department of Home Affairs at Partner (Provisional and Migrant Visa) (SUBCLASS 309/100)
