Subclass 309 and 100

Partner Visa (apply overseas)

This visa allows the partner or spouse of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia. The application process involves applying for the temporary and the permanent partner visas together.

This partner visa is sub-categorised under:

  • Partner visa (Provisional) – Subclass 309
  • Partner visa (Migrant) – Subclass 100

What does the PROVISIONAL Partner visa SUBCLASS 309 offer?

The partner visa subclass 309 is the first step towards a permanent partner visa. This provisional partner visa allows the de facto partner or spouse of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia temporarily.

Once this visa is obtained, the partner may live, work or study in Australia, while the migrant partner visa – subclass 100 is being processed. In the meantime, the partner applicant may travel in and out of Australia as many times as needed.

If eligible and needed, the partner applicant may also attend free English language classes offered by the Adult Migrant English Program.

Eligibility criteria 

  • You must be 18 years or older while applying for this visa.
  • 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.
  • Your marriage must be valid as per the Australian law.
  • During application, you must have a sponsor who should be the same person to sponsor you for two years after the provision visa subclass 309 is granted.
  • This visa must be applied while outside Australia.

This visa cost starts from $7,850 for more applicants that covers both the provisional (temporary) and migrant visa (permanent).

The processing time may take between 5 to 29 months depending on the number of applications received.

What does the MIGRANT Partner visa SUBCLASS 100 offer?

The migrant partner visa is the next part of the process that takes place after the temporary or provisional partner visa 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. 

With this visa, you are allowed to live, work and study in Australia indefinitely.

You can sponsor an eligible family member to come to Australia. You can travel to and from Australia five years from the visa granted.

If eligible, you may also attend the free English language classes provided by the Adult Migrant English Program.

You can also apply for Australia’s public health care scheme.

Eligibility

  • You should hold a temporary Partner (Provisional) visa (subclass 309)
  • You must continue to be in a genuine and ongoing relationship with your partner
  • Usually, two years should have passed since you applied for the combined 309 and 100 visa for you 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.

The processing time of this visa takes around 12 to 18 months from the date of application.

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