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Subclass 309 & 100
Partner Visa (apply overseas)
Allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia. You apply for the temporary and the permanent partner visas together.
Why Choose Edvise Hub?
The Subclass 309 visa is a temporary partner visa and serves as the initial step toward obtaining the permanent Subclass 100 visa. The application process is divided into two stages: you are first granted the Subclass 309 visa, and after two years from the date of your 309 applications, you can then apply for the permanent Subclass 100 visa.
Length of Stay With the temporary Subclass 309 visa, you are permitted to remain in Australia until a decision is made regarding your permanent Partner (100) visa. Once you receive the Subclass 100 visa, you are allowed to stay in Australia indefinitely.
To qualify for the 309/100 partner visa, you must meet the following criteria:
- Location:You must be outside Australia when you lodge your application for the 309/100 visa.
- Sponsor:You need a sponsor, and your spouse or de facto partner must submit a sponsorship application at the same time as your visa application.
- Age: Both you and your partner must be at least 18 years old.
- Visa History: If you have previously had a visa cancelled or refused while in Australia, you may not be eligible.
You must demonstrate that your relationship is genuine, ongoing, and that you are living together, although short periods apart are acceptable.
For de facto partners, the relationship must have existed for at least 12 months prior to applying, and mere dating does not count toward this period.
The 12-month cohabitation requirement can be waived if:
- There are compelling or compassionate reasons for granting the visa,
- Your de facto relationship is registered with an Australian authority,
- Your partner holds or held a permanent humanitarian visa, your relationship existed before the 309 visa was granted, and the Department of Home Affairs was informed of your relationship.
Demonstrating the authenticity and continuity of your relationship is crucial for your application. You will need to provide:
Relationship History:
- A written statement covering key events such as how and when you met, how your relationship progressed, when you started living together, engagement or marriage, shared activities, time spent apart, significant milestones, and future plans.
- Official documentation such as a marriage certificate or registered de facto relationship certificate.
Financial Evidence:
- Joint mortgage or lease agreements,
- Shared loan documents for major assets,
- Joint bank statements,
- Household bills in both names,
- A statement explaining how you manage finances together.
Household Evidence:
- A statement on how you share domestic responsibilities,
- Household bills and mail addressed to both,
- Documents showing shared responsibility for children,
- Proof of living arrangements.
Social Evidence:
- Joint invitations or proof of attending events together,
- Evidence of mutual friends,
- Proof that you have informed authorities or organizations of your relationship,
- Evidence of shared social, sporting, or cultural activities,
- Proof of traveling together.
The application process involves both you and your partner:
Step 1: Sponsorship Application Your partner must submit an online sponsorship application, providing identity documents (passport, birth certificate, passport photo) to confirm their citizenship or residency status, as well as police certificates for any country where they have lived for a year or more.
Step 2: Apply for the Offshore Temporary Partner Visa (309) You must create an online account at the Department of Home Affairs website, complete the application, attach all required documents (including those proving your relationship), and pay the visa fee. The application will only be processed after payment.
Step 3: Apply for the Permanent Partner Visa (100) After your 309 visa is granted, you can apply for the 100 visa two years from your original application date, provided you remain married or in the relationship. Additional documentation is required at this stage.
- Subclass 309: Base application fee is AUD $8,850
- Subclass 100: No additional base application fee
The Subclass 309 is a temporary partner visa that allows you to live in Australia while your permanent Subclass 100 visa is processed. After two years from your initial application, you may be eligible to apply for the Subclass 100 permanent visa if your relationship is ongoing.
No, the Subclass 309 visa is an offshore partner visa. You must be outside Australia at the time you lodge your application and when a decision is made on the Subclass 309 visa.
You must be at least 18 years old, in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, and be outside Australia during application. You must also meet health, character, and relationship requirements.
You need to provide evidence like a relationship history statement, joint financial documents (e.g., shared bills or bank accounts), proof of living together, social evidence (e.g., joint travel or event invitations), and official documents like a marriage certificate or registered relationship certificate.
You can apply for the Subclass 100 permanent visa two years after your original Subclass 309 visa application, provided your relationship is still ongoing and you submit the required supporting documents.
The base application fee for the Partner Visa Subclass 309 is AUD $8,850. There is no additional base fee when applying for the Subclass 100 visa.
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