Types of Visas
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Subclasses 309 & 100 (Partner (Apply Overseas)) Visa
Subclasses 309 & 100 allow the partner of an Australian citizen, permanent resident, or a citizen of New Zealand who meets certain requirements to live in Australia as their spouse or partner. Subclasses 309 & 100 are usually applied together as a two-step process to applying for the Partner (Migrant) Visa (Subclass 100).
The de facto spouse or partner of an Australian citizen, permanent resident of Australia, or eligible citizen of New Zealand may reside in Australia temporarily with a Subclass 309 (Partner (Provisional)) Visa. Individuals holding this visa can then apply for a Subclass 100 (Partner (Migrant)) Visa and live in Australia permanently.
Benefits of Subclass 309 & Subclass 100
With a Subclass 309 (Partner (Provisional)) Visa, individuals can:
- Stay in Australia
- Work in Australia
- Study in Australia
- Travel to and from Australia as many times as the person desires
- Attend free English classes by the AMEP, if eligible
- Apply for access to Medicare
With a Subclass 100 (Partner (Migrant)) Visa, individuals can:
- Stay in Australia as a permanent resident
- Work in Australia
- Study in Australia
- Travel to and from Australia as many times as the person wishes
- Have access to Medicare
- Sponsor family members to come to Australia
- Attend free English classes by the AMEP, if eligible
- Apply for Australian citizenship, if eligible
Eligibility
Basic eligibility for both Subclass 309 & Subclass 100 is that individuals must be the spouse or de facto partner of an:
- Australian citizen
- Australian permanent resident
- Eligible New Zealand citizen
To be eligible for a Subclass 309 (Partner (Provisional)) Visa, one must:
- Have a sponsor
- Be 18 years or older
- Be outside Australia when applying
- Meet relationship requirements
- Meet health requirements
- Meet character requirements
- Not have had a previous visa cancelled or an application refused
To be eligible for a Subclass 100 (Partner (Migrant)) Visa, one must:
- Meet visa requirements
- Continue to meet relationship requirements, such as:
○ Be married
○ Be in a de facto relationship
○ Have a genuine and continuing relationship
○ Live together, or not live apart permanently
○ Be mutually committed to a shared life
Location when Applying
The individual must be outside Australia when applying.
Including Family
The individual can include members of the family unit in their application when lodging the temporary visa application or add a dependent child after lodging the application and before the temporary visa is decided on. Family members cannot be added after the permanent Partner (Migrant) Visa (Subclass 100) is granted.
Family members applying with the main applicant must meet health and character requirements and be outside Australia.
Know more about Subclass 309 (Partner (Provisional)) Visa & Subclass 100 (Partner (Migrant)) Visa.
Family Visas Australia
Partner (Spouse) visa
309 & 100 offshore partner visa might be possibility for a permanent residency
Partner visas (temporary and immigrant visas) (subclasses 309 and 100) allow the spouse or de facto partner of an Australian citizen with permanent residency to live in Australia.
The 309 temporary visa is a temporary visa, while the 100 immigrant visa is a permanent visa. First, a 309 temporary visa will be issued. This allows applicants to stay in Australia for two years and apply for an immigrant 100 visa within that period.
Step by Step process to Apply for a 309 and 100 (Offshore Partner) Visa
| Step 1 | Start your Process with FBP |
| Step 2 | Check your eligibility |
| Step 3 | Submit all your documents |
| Step 4 | Lodge Visa application |
| Step 5 | Receive 309 and 100 Visa Grant |
Additional information
Obtaining a permanent partner visa (immigrant) (subclass 100) is a two-step process.
- To obtain a permanent partner visa, you must first obtain a temporary (provisional) partner visa (subclass 309).
- Apply for both a permanent visa and a temporary visa at the same time and pay only one fee.
- If you have a temporary (temporary) partner visa (subclass 309), you can be assessed approximately two years after you submit your application for a permanent partner visa (immigrant) (subclass 100).
- Additional documentation needs to be provided for this evaluation. If you have a long-term relationship prior to your application, you will be issued a permanent partner visa (immigrant) (subclass 100) immediately after your temporary partner visa (provisional) (subclass 309).
Features
- Partner visas (subclasses 309 and 100) allow Australian citizens, permanent residents of Australia, or spouses to reside in Australia.
- A temporary (temporary) partner visa (subclass 309) is first issued, and you can stay in Australia while your permanent partner (immigrant) visa (subclass 100) is being processed.
Eligibility criteria
For partners (provisional) (subclass 309)
- Must be outside Australia at the time of application and decision
- You must be an Australian Citizen, Permanent Resident or a qualified New Zealand Citizen’s spouse or effective partner.
- You must be at least 18 years old when applying for this visa (applies to both your spouse and your actual partner) If your partner is under the age of 18.
- you will need a sponsor (Australian citizen, permanent resident, or parent or guardian of a qualified New Zealand citizen).
- You must meet your health and personality requirements
- All debt must be paid to the Australian Government (if any) before the visa is issued.
For partners (immigrants) (subclass 100)
- Must have a temporary partner visa (subclass 309).
- Unless there are special circumstances, they must be in a continuous marriage or de facto relationship.
309 Temporary visas must comply with all Australian laws and conditions.
Health and personality requirements
- Health checkup conducted within 12 months after applying for a visa
- Police certificate for a country that has lived for more than 12 months in the last 10 years
Sponsorship obligations
- Accommodation
- Financial support including English courses as needed
- Further support such as childcare as needed