Subclass 309 and 100 - Partner Visa
Offshore Partner Visa
About this visa
The Australian Partner Visa, including the Subclass 309 and Subclass 100 visas, is tailored for individuals who are in a genuine relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen residing outside Australia. This visa permits the partner to join and reside with their loved one in Australia.
Just like the Subclass 820 and Subclass 801 visas for onshore applicants, the Subclass 309 and Subclass 100 visas for offshore applicants serve the same primary purpose of facilitating the reunification of genuine couples in Australia. However, the key distinction lies in the applicant’s location at the time of application: Subclass 820/801 is for onshore applicants already in Australia, while Subclass 309/100 is for offshore applicants living outside Australia.
Differences
- Subclass 309:
This is a temporary visa, usually granted first. The applicant must apply for it from outside of Austrtalia. It remains valid while your permanent Subclass 100 visa application is being processed. - Subclass 100:
This is a permanent visa granted after certain conditions are met, including the duration of your relationship and ongoing evidence of its genuineness. Applicants must wait for 2 years after lodging their Subclass 309 visa application before they can submit a Subclass 100 visa application. However, there are certain circumstances in which applicants can be exempted from the 2-year requirement if they meet specific criteria, allowing them to be granted both the 309 and 100 visas simultaneously.
Eligibility for Applicant
Relationship Status:
Been living together in a de facto relationship for at least 12 months, or
Hold a cohabitation certificate, verifying the authenticity of their relationship, or
Possess a valid marriage certificate, confirming their legal marital status.- Age
The applicant’s marriage must comply with Australian law. If you are aged 16 or 17, parental consent is required. Location:
The applicant must be outside from Australia when applying for the visa.Current Visa:
There are no specific requirements for the current visa.Health and Character:
Applicants must meet the health and character requirements set by the Australian government.Previous Visa History:
You should not have had a visa cancelled or a previous application refused.Specific Visa Conditions:
Certain regional visa holders may not be eligible.Debt to the Australian Government:
You must have no outstanding debts to the Australian government.Child Welfare:
The application must meet the criteria considering the best interests of any child involved.
Eligibility for Sponsor
- Citizenship Status:
The sponsor must be an Australian citizen, a permanent resident, or an eligible New Zealand citizen. - Character Requirements:
Sponsors must meet the character requirements specified by the Australian government. - Age Criteria:
Sponsors should be of legal age as defined by the Australian law. - Sponsorship Limitations:
- Number of Sponsorships: Generally, a sponsor can only sponsor two partners for a Partner Visa in their lifetime.
- Time Between Sponsorships: There should be a minimum five-year gap between the first and the second sponsorship since the time of application of the first sponsorship.
- Exemptions: In certain circumstances, exemptions to these limitations may be granted. These are typically considered on a case-by-case basis and depend on specific circumstances, such as compelling and compassionate reasons.
- Consistency in Sponsorship:
The sponsor at the time of application must remain the same for two years following the grant of the temporary Partner visa (subclass 309). Thea applicant may be eligible for both the temporary Partner visa (subclass 309) and Permanent Partner visa (subclass 100) if the following conditions are met- Children of the Relationship: If the couple has a dependent child together, and two-year relationship at the time of application. The two-year requirement may not apply. The child must be recognized as dependent on the couple.
- Long-term Relationship: If the couple has been in a de facto relationship for at least three years at the time of application, the two-year requirement may not apply.
- Compelling and Compassionate Circumstances: In cases where there are compelling and compassionate circumstances, such as serious illness or hardship, the two-year requirement may be waived. These circumstances are evaluated on a case-by-case basis.
Eligibility for applicant's dependent children
- Age Requirement:
- Dependent children must be under 18 years of age, or
- If they are 18 to 23 years old, they must be financially dependent on the primary applicant or their partner, and be full-time students, or
- If they have a disability that prevents them from working, there is no age limit.
- Financial Dependency:
Dependent children aged 18 to 23 must provide evidence of financial dependency on the primary applicant or their partner. This may include proof of financial support for living expenses, education, or other essential needs. - Full-Time Student Status:
If dependent children are between 18 and 23 years old and are claiming to be full-time students, they must provide evidence of their enrollment in an eligible course. - Disability:
If a dependent child has a disability that prevents them from working, there is no age limit, and they do not need to be financially dependent. - Health and Character Requirements:
Dependent children must meet health and character requirements, just like the primary applicant.
Process
Step 1
309 Visa Application
Step 2
100 Visa Application
Stay Period
- Subclass 309 visa:
It remains valid from the date of grant until a decision is reached regarding your permanent Partner visa (subclass 100). - Subclass 100 visa:
It‘a permanent visa.
Cost
Visa Application Fee
Primary Applicant: AUD $8,085
Secondary Applicants (18 and over) : AUD $4,430
Dependent Children (under 18) : AUD $2,215
The fee is subject to the latest pricing set by the Australian Department of Home Affairs.
Processing time
- Subclass 820 visa:
50% processed in 10 months
90% processed in 27 months - Subclass 801 visa:
50% processed in 12 months
90% processed in 22 months
The Australian Department of Home Affairs handles visa applications, and it’s essential to provide all required documents with your application. Please note that incomplete applications may result in longer processing times than the estimated duration. Additionally, processing times are subject to change and should be used as a general reference only.
Benefits
- Work in Australia: Holders of the Subclass 820 and Subclass 801 Visa can work.
- Study: You can pursue further studies or enroll in courses in Australia, which can enhance your skills and qualifications.
- Family Sponsorship: The applicant can include eligible family members, such as your dependent children, in your visa application.
- Access to Healthcare: Visa holders can access Medicare, Australia’s public healthcare scheme, which provides essential medical services.
- Multiple Entries: Enjoy multiple entries to and exits from Australia for a period of up to five years, allowing for flexibility in travel.
Frequently Asked Questions
Q: What is the Subclass 309 visa?
A: The Subclass 309 visa is a temporary partner visa for individuals outside Australia who are in a relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
Q: What is the Subclass 100 visa?
A: The Subclass 100 visa is a permanent partner visa. It follows the Subclass 309 visa and allows the partner to live permanently in Australia.
Q: What are the main requirements for the Subclass 309 visa?
A: Applicants must be in a genuine relationship with their Australian partner, meet health and character requirements, and apply from outside Australia.
Q: How long is the processing time for the Subclass 309 visa?
A: Processing times vary based on individual circumstances and application volume. It’s advisable to check the latest processing times on the Department of Home Affairs website.
Q: Can I work in Australia on a Subclass 309 visa?
A: Yes, Subclass 309 visa holders have full work rights in Australia.
Q: When can I apply for the Subclass 100 visa?
A: You can apply for the Subclass 100 visa after holding the Subclass 309 visa for two years, provided you continue to meet the relationship requirements. However, it’s worth noting that in certain circumstances, applicants may be eligible for an exemption from the two-year waiting period.
Q: What evidence is required to prove a genuine relationship for these visas?
A: Evidence includes joint financial statements, cohabitation proof, statutory declarations, and other documents demonstrating commitment to the relationship.
Q: Can same-sex couples apply for the Subclass 309 and 100 visas?
A: Yes, same-sex couples are eligible to apply for these visas.
Q: Are health examinations required for the Subclass 309 and 100 visa applications?
A: Yes, applicants must undergo health examinations to meet the visa health requirements.
Q: What are the character requirements for these visas?
A: Applicants must provide police certificates and meet other character requirements as specified by the Australian government.
Q: Can I include family members in my Subclass 309 and 100 visa applications?
A: Yes, dependent children and other eligible family members can be included in your application.
Q: Is there an English language requirement for the Subclass 309 and 100 visas?
A: There are no specific English language requirements for these visa classes.
Q: Can I travel outside Australia on the Subclass 309 visa?
A: Yes, the Subclass 309 visa allows multiple entries into Australia.
Q: What happens if my relationship ends before I am granted the Subclass 100 visa?
A: You should inform the Department of Home Affairs. This may affect your eligibility for the Subclass 100 visa.
Q: How much does it cost to apply for the Subclass 309 and 100 visas?
A: The visa application charges are subject to change and can be checked on the official Department of Home Affairs website.
Q: Can I apply for these visas if I am currently on a tourist visa in Australia?
A: The Subclass 309 visa must be applied for from outside Australia. However, certain circumstances might allow for an application while in Australia.
Q: What if I have had a previous partner visa application refused?
A: A previous refusal may affect your current application. It’s essential to disclose all relevant information in your application.
Q: What is the validity period of the Subclass 309 visa?
A: The Subclass 309 visa is valid until a decision is made on your Subclass 100 visa application or it is withdrawn.
Q: Do I need private health insurance for the Subclass 309 and 100 visas?
A: While not mandatory, it’s advisable to have health insurance to cover healthcare costs in Australia.
Q: Can the visa application be made online?
A: Yes, applications for the Subclass 309 and 100 visas can typically be made online through the Department of Home Affairs’ website.
Q: Are there sponsorship limitations for these visas?
A: Yes, there are limitations on the number of times a person can sponsor a partner and the time frame between sponsorships.
Q: What if my circumstances change after I apply for the visa?
A: Notify the Department of Home Affairs about any significant changes, such as changes in your relationship status or address.
Q: Can I study in Australia on a Subclass 309 visa?
A: Yes, you can study in Australia on a Subclass 309 visa, but
