Partner Visa Offshore, Temporary and Permanent visa, Subclass 309/100

About Partner Visa Subclass 309/100

This visa is granted to spouse or de facto partner of an Australian citizen. If you are married or in a de facto relationship with an:

  • Australian citizen
  • Australian permanent resident
  • Eligible New Zealand citizen

In order to apply for this visa, you need to be outside Australia. You are also required to be out of Australia at the time of granting of this visa.

The application for the Partner (Provisional) visa (subclass 309) is the first stage towards a permanent Partner visa (subclass 100). You need to lodge only one application for both your temporary and permanent visas and pay only one application charge. The application is processed in two stages, about two years apart.

You can apply if you intend to marry your partner before a decision on your visa is made

What this visa lets you do

Once you procure the Partner (Provisional) visa (subclass 309), you can

  • Enter Australia and stay here until a decision is made about your permanent Partner visa work in Australia
  • Study in Australia, but with no access to government funding
  • Enroll in Medicare, Australia's scheme for health-related care and expenses

If you are later granted a permanent visa, you can:

  • Stay in Australia indefinitely
  • Work and study in Australia
  • Apply for Australian citizenship (if you are eligible)
  • Sponsor eligible relatives for permanent residence
  • Receive some social security payments
  • Travel to and from Australia for five years from the date the visa is granted - after that time you will need another visa to enter Australia.

Basic requirements

Since this is a partner visa, the most basic requirement to get this visa is to be in a genuine and continuing relationship. Living with your partner is mandatory, and if at all, there is a separation, it must be only for a time being. Apart from this basic requirement, both parties must freely consent to the relationship.

Having applied for this visa, the waiting period for a permanent visa is usually of two years. However, you may not need to wait for those two years in case:

  • At the time you apply, you have been in a partner relationship with your partner for three years or more, or two years or more if you and your partner have a dependent child of your relationship
  • Your partner holds or held a permanent humanitarian visa and you were in the relationship before the visa was granted and this relationship was declared to the department at the time.

For married applicants

It is mandatory for the marriage to be valid under Australian law. Australia does not consider marriage of underage, polygamous and same-sex marriages as legal. However, if one partner is under the age of 18, such marriage can be valid under limited circumstances. Same-sex couples can avail de facto visa.

For de facto applicants

If you are having a de facto relationship, you need to meet following requirements to procure this visa:

  • Your de facto relationship must have existed for at least 12 months immediately before you apply for this visa
  • Time spent dating does not count towards the length of your de facto relationship

However, you might be granted a visa without having been in a de facto relationship for 12 months if:

  • You can demonstrate compelling and compassionate circumstances, such as having dependent children
  • Your partner has been granted a permanent humanitarian visa and your de facto relationship existed before it was issued, and your relationship was communicated to the immigration department before the humanitarian visa was granted
  • Your de facto relationship has been registered in Australia (this is not available in all states and territories)
  • You must be older than 18 years of age and not be related to your partner by family. This means you cannot be an ancestor or descendant of one another, or have a parent in common

Other basic requirements that apply to both married and de facto partners include meeting health conditions and character requirements. Also, you must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government before this visa can be granted.

It is very important that before you are set to apply for this visa, you check the document checklist that lists out the necessary documents to substantiate the claims made in the application. We at Aussizz have clear understanding of processing of this visa as well as others. We make sure that the entire visa application process goes smooth for you and you can actually make your dream come true to reunite with your partner in Australia.

Get in touch with us and see what we can do for you!