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Partner visa (offshore 309 & 100)

Partner Visa (Onshore 820 And 801)

TRADE COURSES TO PERMANENT RESIDENCY PATHWAYS

The new changes to Sponsored family visa’s, will be implemented for Partner visas by the end of 2021. The changes mean that Sponsorships must be lodged first and approved before Partner visas can be lodged. This change will adversely impact onshore Partner visa applicants wanting to lodge a visa application prior to their substantive visa expiring. The sponsorship application will be assessed separately and will need to be approved before a valid Partner visa application can be lodged.

If you are planning to apply for a Partner visa we recommend booking an appointment to discuss and understand how these changes may impact you.

Features

The Partner visas (subclasses 309 and 100) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizenlive in Australia.

The temporary Partner (Provisional) visa (subclass 309) is granted first and lets you stay in Australia while the permanent Partner (Migrant) visa (subclass 100) is processed.

Eligibility

You must be married or in a de facto relationship with:

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen.

Your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age.

Length of stay

  • On the temporary 309 visa, you can stay until a decision is made about your permanent Partner visa (subclass 100).
  • On the permanent 100 visa, you can stay permanently.

The process

Obtaining the permanent Partner (Migrant) visa (subclass 100) is a two stage process. To be eligible for a permanent partner visa you first need to be granted a temporary Partner (Provisional) visa (subclass 309). You apply for both the permanent and temporary visas at the same time and pay only one fee. If you are granted the temporary Partner (Provisional) visa (subclass 309), you are eligible to be assessed for the permanent Partner (Migrant) visa (subclass 100) about two years after you lodged your application. You will need to provide further documents for this assessment.If you have been in a long term relationship before you lodge your application, the permanent Partner (Migrant) visa (subclass 100) will be granted immediately after the temporary Partner (Provisional) visa (subclass 309).

Processing time

STREAM 75 PER CENT OF APPLICATIONS PROCESSED 90 PER CENT OF APPLICATIONS PROCESSED
​309 – Provisional visa 12 Months 17 Months
​​100 – Permanent visa 17 Months 28 Months

Long term relationship

If, at the time you apply, you have been in a long term relationship with your partner, your permanent Partner visa (subclass 100) will be granted immediately after the temporary Partner visa (subclass 309).

Eligibility

Age

If you are married, usually you must be 18 or older when you apply. This is because usually, you must be 18 or older for your marriage to be valid under Australian law.

If you are a de facto partner, you must be 18 or older when you apply.

Your relationship

You must be the spouse (married) , or a de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

You might still be eligible if your relationship breaks down after you lodge your application.

Sponsor

You must have a sponsor, who will be your partner, except if your partner is under 18 years of age.

Health

You must meet the health requirement.

Character

You must meet the character requirement.

Debts to the Australian government

You must have repaid, or have arranged to repay, any outstanding debts to the Australian government.

Eligibility criteria for the permanent Partner visa (subclass 100)

You must:

  • hold a temporary Partner visa (subclass 309)
  • continue to be the spouse or de facto partner relationship unless your relationship has ended and there are special circumstances
  • have complied with all Australian laws whilst on your temporary visa.

The visa

What you can do

The temporary Partner visa (subclass 309) lets you come to Australia to live until a decision is made on your permanent Partner visa (subclass 100).

How long the sponsorship lasts

Your sponsorship ends two years after your partner first enters Australia on their temporary Partner visa (subclass 309).

This is the case even if the permanent Partner visa (subclass 100) is granted immediately after the temporary subclass 309 visa is granted.

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