*Last updated on: 25 Nov 2024
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Subclass 309 and 100 - Partner Visa

Building Your Future Together: Temporary to Permanent Residency for Offshore Partners

Overview of the Offshore Partner Visas

The Subclass 309 (temporary) and Subclass 100 (permanent) Partner Visas enable partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia. These visas are designed for offshore applicants, allowing genuine couples to reunite and build their lives together in Australia. The Subclass 309 visa is granted first and offers temporary residency, while the Subclass 100 visa provides permanent residency.

Key Differences Between Subclass 309 and 100 Visas

Subclass 309 (Temporary Partner Visa): This visa allows partners to live in Australia while waiting for a decision on their permanent Subclass 100 application. Applicants must apply from outside Australia.

Subclass 100 (Permanent Partner Visa): This visa is granted after fulfilling specific conditions, such as demonstrating the genuineness of the relationship over a period (usually two years). In some cases, the two-year waiting period may be waived. Talk to us to see if you are qualified for a waiver to get your permanent residency faster.

Eligibility Criteria for Offshore Partner Visas Applicants

Age Requirements

Applicants must meet Australian age requirements for marriage (16 or 17-year-olds require parental consent).

Relationship Status

Applicants must be in a genuine and continuing relationship with their partner, demonstrated by:(1) Being married (valid under Australian law), or
(2) Living together in a de facto relationship for at least 12 months (exceptions apply for registered relationships)

Location

Applicants must be outside Australia when lodging the Subclass 309 visa application.

No Visa Cancellations or Refusals

Applicants should not have a history of visa cancellations or refusals.

Health and Character Requirements

The applicant must meet the relevant health and character criteria set by the Department of Home Affairs.

Eligibility Criteria for Partner Sponsors

Citizenship and Residency: The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
Age: Sponsors must be of legal age as defined by Australian law.
Character Requirements: Sponsors must meet character requirements, including providing police checks.
Sponsorship Limitations: Sponsors may only sponsor a limited number of partners over their lifetime (generally two), with a minimum five-year gap between sponsorships, unless exemptions apply due to compelling circumstances.

Eligibility for Dependent Children of the Applicant

Age: (1) Dependent children must be under 18, or (2) Over 18 but financially dependent on the primary applicant or their partner and studying full-time, or (3) There is no age limit for dependent children with a disability preventing them from working.
Financial Dependency: Evidence of financial support may be required.
Health and Character Requirements: Dependent children must also meet health and character standards.

Application Process

Lodge the Subclass 309 Visa Application (Temporary)

Submit an application from outside Australia, providing evidence of your genuine and ongoing relationship. This visa allows you to live in Australia temporarily while awaiting further assessment for permanent residency.

Grant of Subclass 309 Visa

If your Subclass 309 application is successful, you will receive a temporary visa, enabling you to live, work, and study in Australia. This stage allows you to demonstrate the continued validity and commitment of your relationship.

Progression to Subclass 100 Visa (Permanent)

After a specified period, typically two years, you may become eligible for permanent residency under the Subclass 100 visa. During this phase, you will be required to provide additional evidence that your relationship remains genuine and ongoing. In some cases, such as long-term relationships or those with dependent children, the two-year requirement may be waived.

Stay Duration

Subclass 309 Visa: Temporary visa, valid until a decision is made on the Subclass 100 application.

Subclass 100 Visa: Permanent residency, allowing indefinite stay with a travel component valid for five years from the date of grant. After this period, residents may need to apply for a Resident Return Visa (RRV) to maintain travel rights.

Visa Costs and Fees

Primary Applicant:
AUD $9,095

Secondary Applicants (18 and over):
AUD $4,550

Dependent Children (under 18):
AUD $2,280

Note: Fees are subject to updates as per the Department of Home Affairs, they should be verified before application. Additional costs may apply for health checks, police checks, and biometrics.

Processing Times

Subclass 309 Visa:
50% processed within 11 months, 90% processed within 20 months

Subclass 100 Visa:
50% processed within 9 months, 90% processed within 20 months

Note: Processing times vary based on the completeness of documentation, volume of applications and other factors. They are obtained from The Australian Department of Home Affairs website and only serve as guidance.

Key Benefits of the Partner Visas

No Specific English Requirement: Unlike many other visa categories, there is no formal English language test required for applicants of these visas.

Full Work and Study Rights: Both temporary and permanent visa holders can work and study in Australia, providing greater flexibility and economic opportunities.

Access to Medicare: Subclass 100 permanent residents are eligible to access Medicare, Australia’s public healthcare system.

Family Inclusion: Dependent children and eligible family members can be included in the application, allowing families to remain together in Australia.

Travel Flexibility: Visa holders enjoy the ability to travel freely in and out of Australia.

Pathway to Australian Citizenship: Holders of the Subclass 100 visa may be eligible to apply for Australian citizenship after meeting residency and other criteria.

No Sponsorship Cap for De Facto Partners: Unlike some other sponsorship arrangements, there are fewer restrictions on sponsoring a de facto partner, provided eligibility criteria are met.

Your Questions Answered

What is the difference between the Subclass 309 and 100 visas?

The Subclass 309 visa is a temporary visa that allows the partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia while waiting for a decision on their permanent Subclass 100 visa application. The Subclass 100 visa grants permanent residency, allowing you to live in Australia indefinitely.

What kind of evidence do I need to prove my relationship?

Evidence may include joint bank accounts, lease agreements, utility bills, statutory declarations from friends and family, photos together, and communication records. The goal is to demonstrate a genuine, ongoing, and committed relationship.

Can same-sex couples apply for the Subclass 309 and 100 Partner Visas?

Yes, same-sex couples are eligible for these visas and are treated equally under Australian immigration law.

Do I have to be married to apply for these visas?

No, you can apply if you are in a de facto relationship with your partner. De facto partners must generally have lived together for at least 12 months unless their relationship is registered.

Can I work and study in Australia while holding the Subclass 309 visa?

Yes, Subclass 309 visa holders have full work and study rights in Australia.

Can I include my children in the visa application?

Yes, you can include dependent children and eligible family members in your visa application. Dependent children must meet health and character requirements as well.

What if my relationship ends before I receive the Subclass 100 visa?

If your relationship ends, it could affect your eligibility for the Subclass 100 visa. However, if you have experienced family violence, you may still be able to proceed with your application under special provisions. We strongly recommend contacting us to guide you through this process.

What happens if my circumstances change during the application process?

You should notify the Department of Home Affairs immediately if there are significant changes, such as changes to your relationship status, address, or contact information. This ensures your application remains accurate and up to date.

Can I apply for these visas if I have had a previous visa cancellation or refusal?

Previous visa cancellations or refusals may affect your eligibility. It’s important to disclose any relevant visa history and seek professional advice if you have concerns.

Can I apply for these visas while holding a tourist visa?

The Subclass 309 visa must be applied for from outside Australia. However, if you are already in Australia on a different visa and wish to apply, you may need to consider alternative pathways such as the Subclass 820/801 Partner Visas.

Ready to Take the First Step?

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