Partner Visa (apply overseas) – Subclass 309 and 100

The Partner visa program in Australia is designed to allow the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. The program consists of two main components: the Provisional Partner visa (Subclass 309) and the Migrant Partner visa (Subclass 100). Both these visas are usually applied for together, but they grant different levels of residency. 

Provisional Partner Visa (Subclass 309):

The Provisional Partner visa Subclass 309 is the first step toward obtaining permanent residency through a partner visa. It offers the following benefits:

  • Temporary Residency: This visa allows the de facto partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily.

  • Live, Work, and Study: The visa holder may live, work, or study in Australia while the application for the permanent partner visa (Subclass 100) is being processed.

  • Multiple Entries: The applicant can travel in and out of Australia as many times as needed while holding this visa.

  • English Language Classes: Eligible applicants may attend free English language classes offered by the Adult Migrant English Program.

Eligibility Criteria for Provisional Partner Visa (Subclass 309):

To be eligible for the Provisional Partner visa Subclass 309, you must meet the following criteria:

  • Age: You must be 18 years or older when applying for this visa.

  • Genuine Relationship: You must be in a genuine relationship with your spouse or de facto partner, who is an Australian citizen, permanent resident, or eligible New Zealand citizen.

  • Valid Marriage: If married, your marriage must be valid as per Australian law.

  • Sponsor: You must have a sponsor, who is usually the same person that will sponsor you for two years after the provisional visa (Subclass 309) is granted.

  • Location: This visa must be applied for while you are outside Australia.

  • Cost: The cost of this visa starts from $7,850 for multiple applicants, covering both the provisional (temporary) and migrant (permanent) visas.

Processing Time: The processing time for the Provisional Partner visa (Subclass 309) may vary but generally ranges from 5 to 29 months, depending on the number of applications received.

Migrant Partner Visa (Subclass 100):

The Migrant Partner visa Subclass 100 is the second part of the process, which takes place after the temporary Provisional Partner visa (Subclass 309) is granted. This visa allows the de facto partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia permanently.

The benefits and conditions of the Migrant Partner visa (Subclass 100) are similar to those of the Provisional Partner visa (Subclass 309). Key features include the ability to live, work, and study in Australia indefinitely, the opportunity to sponsor eligible family members to come to Australia, access to free English language classes (if eligible), and the ability to apply for Australia’s public health care scheme.

Eligibility Criteria for Migrant Partner Visa (Subclass 100):

To be eligible for the Migrant Partner visa Subclass 100, you should meet the following criteria:

  • Hold a temporary Partner (Provisional) visa (subclass 309).

  • Continue to be in a genuine and ongoing relationship with your partner.

  • Usually, at least two years should have passed since you applied for the combined 309 and 100 visas to be assessed for the permanent visa.

  • This visa may not be granted if it is not in the best interest of an applicant under 18.

Processing Time: The processing time for the Migrant Partner visa (Subclass 100) is typically around 12 to 18 months from the date of application.

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