Travel and Leisure

Plan To Live With Your Australian Partner? Make It Possible With Partner Visa Subclass 309

Suppose you are the partner or spouse of an Australian citizen, an Australian PR, or an eligible citizen of New Zealand. In that case, the Partner Visa Subclass 309 can be an option for you if you want to live with your partner permanently. You should note that this visa is a temporary visa, and thus you can only live here for two years.

After two years of stay, you can apply for the next step, the Migrant 100 Visa. This visa is permanent.

Apart from these two partner visas, Subclass 300 Prospective Marriage Visa is another visa that people often apply for. However, this write-up only discusses some necessary information about the 309 Visa and 100 Visa, which can be helpful for you.

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What Are The Eligibility Criteria For The 309 Visa?

The eligibility criteria for the 309 Visa are as follows.

  1. Relationship requirement: First of all, at the time of your application, you should prove that you have been in a committed and long-term relationship with your partner or spouse. And, your spouse or partner should be a citizen or a PR of Australia or a citizen of New Zealand. You can still be eligible if the relationship ends after you have lodged the application. The relationship should have been at least 1-year old.
  2. Your location: When you apply, you have to do it outside Australia. And, you should not be inside Australia at the time of the decision, either.
  3. Age: If you are a married couple, both of you must be at least 18 years old or more. 18 years is the minimum requirement because, under Australian law, it is the minimum age at which you can marry. The same age requirement applies for a de facto partner too.
  4. Sponsor: Unless your partner’s age is less than 18 years, they should be your sponsor. There are certain limitations on sponsors. For example, if your partner or spouse holds a particular type of visa and is subject to specific conditions, they will not be able to sponsor your stay in Australia. The sponsorship usually lasts for two years after you enter Australia with your temporary Partner Visa Subclass 309. So, even if you are immediately granted the permanent Partner Visa Subclass 100 after your temporary visa expires, the sponsorship will terminate.
  5. Health requirements: You have to go through particular health examinations within 12 months of your application. This requirement will apply to both you and the family members included in the application.
  6. Character requirements: You will need to provide necessary police clearance certificates from the countries you have lived in for 12 years.
  7. Clearing of debts: If you have any uncleared debts to the Australian Government, you should have made the repayment or arranged for a repayment.

What Are The Eligibility Requirements For The Partner Migrant Visa Subclass 100?

The basic requirements for this visa are as follows.

    1. You should hold the Partner Visa 309.
    2. Except for particular circumstances, you must have a continued relationship with your spouse or partner.
    3. You have to comply with all the Australian laws and visa conditions on the 309 Visa.

What Are The Duties Of The Partner As A Sponsor?

As a sponsor, your partner should help you with specific arrangements for two years once you enter Australia with your temporary 309 Visa.

    1. First of all, they should arrange the accommodation.
    2. If you require any English language course, they must give you financial support.
    3. If necessary, they should also provide other support such as child care.

What Can You Do With This Visa?

With the 309 Visa, you can do several things.

    1. You can stay with your partner for 2 years. And with the next visa, you can live permanently. 309 Visa will allow you to stay in Australia until the final decision is made on your permanent visa.
    2. If you have any stepchildren or dependent children, you can include them in the application. If the visa is granted, they can enjoy the same benefits as you can. But, at the same time, both of you should comply with the associated rules and visa conditions. For any children included in the application, you have to pay a separate fee. And you have to pay for all the other costs like health check-ups, biometrics and police clearances.

What Will Be The Application Cost For The 309 Visa?

The application charge for this visa will be around AUD 7850.

How Can You Get The Partner 100 Visa After The 309 Visa?

Getting the Partner Visa Subclass 100 is not as difficult as you think. It is a two-stage process in which you have first to get the Partner Visa Subclass 309. You should note that having the Partner Provisional Visa 309 is the most crucial prerequisite for the next permanent visa. So, you should be very careful about the application for the first visa. Getting in touch with a migration consultant Perth can be beneficial for you.

You can apply for the two visas together. The best thing is that you can pay only one fee for the whole process. If your application for the 309 Visa becomes successful, the authority will assess your application for the 100 Visa after two years of your 309 Visa. Remember that you will need to submit further documents for the assessment.

If you continue the relationship with your spouse or partner after two years, the Visa 100 will be granted as soon as your temporary visa expires.

What is the processing time for the two visas?

For the 309 Visa, the processing time for 309 Visa will be 12 months, while that for 100 Visa will be 17 months. But, for the 100 Visa, the processing time will range from 17 months for 75% of applications to 28 months for 90%.

What Are The Other Partner Visa Options You Can Apply For?

Apart from the temporary 309 Visa and the permanent 100 Visa, there are other partner visa options to apply. Two similar visas are 820 Visa and 801 Visa. While the 309 and 100 visas are offshore, the other two are onshore visas. It means, to apply for the 820 and 801 visas, you have to be inside Australia. Here, the 820 Visa is temporary, while the 801 Visa is permanent.

Another very common partner visa is Visa Subclass 300 that we had already mentioned. If you are married or engaged to any Australian or New Zealand citizen or an Australian Permanent Resident, you can apply for this visa. The visa allows the applicant to live with their spouse or partner for nine months. In this visa application, too, you can include your stepchildren or dependent children, and both you and your partner should have turned 18. The requirements are more or less the same as the other partner visas.

The 300 Visa is also an offshore visa.

Final words

A migration agent Perth can help you with the application procedure. A registered migration agent Perth can help you with the application for a permanent visa application.

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