Partner (Provisional and Migrant) Visa (Subclass 309/100)
The Subclass 309/100 Partner Visa is a two-stage visa process for spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens. It allows the partner to live in Australia temporarily under the Subclass 309 visa and, upon meeting certain criteria, transition to permanent residency through the Subclass 100 visa.
Partner (Provisional and Migrant) Visa (Subclass 309/100)
Overview
The Partner (Provisional and Migrant) Visa (Subclass 309/100) is designed for individuals who are in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa allows the partner to live in Australia temporarily under the Subclass 309 visa and, upon meeting certain criteria, transition to permanent residency through the Subclass 100 visa.
Eligibility Criteria
To be eligible for the Subclass 309/100 Partner Visa, applicants must:
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Relationship Status: Be married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
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Age Requirement: Both the applicant and sponsor must be at least 18 years old.
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Genuine Relationship: Provide evidence that the relationship is genuine and continuing.
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Health and Character: Meet health and character requirements as specified by the Department of Home Affairs.
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Location: Be outside Australia when applying for the Subclass 309 visa and when the visa is granted.
Application Process
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Gather Documentation: Collect evidence of the relationship, including joint financial commitments, shared household responsibilities, social recognition, and mutual commitment.
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Submit Application: Lodge the combined application for both Subclass 309 and Subclass 100 visas online through the Department of Home Affairs website.
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Temporary Visa Grant (Subclass 309): If the application is successful, the applicant will be granted the Subclass 309 visa, allowing temporary residence in Australia.
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Permanent Visa Assessment (Subclass 100): Approximately two years after the initial application, the Department will assess the relationship's ongoing nature. If satisfied, the applicant will be granted the Subclass 100 visa, conferring permanent residency.
Costs Associated
| Fee Type | Amount (AUD) |
|---|---|
| Visa Application Charge | $8,850 (main applicant) |
| Additional Applicant (≥18) | $4,430 |
| Additional Applicant (<18) | $2,215 |
| Medical Examinations | Varies |
| Police Certificates | Varies |
Note: Fees are subject to change and may vary based on individual circumstances.
Processing Times
Processing times can vary based on individual circumstances and the completeness of the application. As of 2025:
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Subclass 309 (Temporary) Visa: 10 to 21 months.
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Subclass 100 (Permanent) Visa: 9 to 18 months after eligibility assessment.
Note: Applicants in long-term relationships may be eligible for both visas to be granted simultaneously.
Benefits
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Work and Study: Full work and study rights in Australia.
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Healthcare: Access to Medicare, Australia's public health care system.
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Permanent Residency: Pathway to permanent residency through the Subclass 100 visa.
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Citizenship: Eligibility to apply for Australian citizenship after meeting residency requirements.
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Family Sponsorship: Ability to sponsor eligible family members for Australian visas.
Common Hurdles
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Insufficient Evidence: Lack of comprehensive documentation proving the genuineness of the relationship.
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Incomplete Application: Missing documents or incorrect information can lead to delays or refusals.
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Previous Visa Issues: History of visa cancellations or refusals may impact eligibility.
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Health and Character Concerns: Failing to meet health or character requirements can affect the outcome.
Frequently Asked Questions (FAQs)
Q: Can I include my children in the application?
A: Yes, dependent children can be included in the application.
Q: What if my relationship ends after obtaining the Subclass 309 visa?
A: If the relationship ends before the Subclass 100 visa is granted, it may affect eligibility for permanent residency.
Q: Can I travel outside Australia on the Subclass 309 visa?
A: Yes, the Subclass 309 visa allows multiple entries to and from Australia.
Q: Do I need to apply separately for the Subclass 100 visa?
A: No, the application for Subclass 100 is combined with the Subclass 309 application. The Department will assess eligibility for the permanent visa approximately two years after the initial application.
Real-Life Scenarios
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Scenario 1: Emma, an Australian citizen, and Liam, a UK citizen, have been in a de facto relationship for three years. They apply for the Subclass 309/100 visa, providing evidence of joint finances, shared living arrangements, and social recognition. Liam is granted the Subclass 309 visa and, after two years, the Subclass 100 visa.
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Scenario 2: Sophia, an Australian permanent resident, marries Carlos, a Brazilian citizen. They apply for the Subclass 309/100 visa shortly after their wedding. Due to the short duration of their relationship, they provide extensive evidence of their commitment. Carlos is granted the Subclass 309 visa and, after two years, the Subclass 100 visa.
Additional Resources
Need Assistance?
Navigating the complexities of the Subclass 309/100 Partner Visa can be challenging. At Aus Visa Library, we offer comprehensive resources and expert guidance to assist you every step of the way.
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