Australia Partner Visa (Subclass 309/100): Requirements and Application Process

Overview of Partner Visa Subclass 309 and 100 Visas

If you are an Australian citizen, a New Zealand citizen, or an eligible New Zealand citizen, and you want to bring your partner to Australia to live with you, you may be able to sponsor them for a Partner (Provisional and Migrant) visa (subclass 309/100). These visas allow your partner to live and work in Australia, study, and travel in and out of the country while their visa is valid.

The Partner (Provisional) visa (subclass 309) is the first stage towards a permanent Partner visa (subclass 100). The Partner (Migrant) visa (subclass 100) is the second stage of the Partner visa process.

To be eligible for a Partner visa, you must be in a genuine and ongoing relationship with your partner and meet certain requirements. These requirements include being 18 years or older, not being closely related, and meeting health and character requirements.

The Department of Home Affairs processes Partner visa applications. You can apply for a Partner visa onshore or offshore, depending on your circumstances. If you apply offshore, you must be outside Australia when the visa is granted. If you apply onshore, you must hold a substantive visa or a Bridging visa A, B or C.

The processing time for Partner visa applications can vary depending on factors such as the completeness of the application and the complexity of the case. It is recommended that you provide all the required information and documents at the time of application to avoid delays.

Overall, the Partner (Provisional and Migrant) visa (subclass 309/100) is a great option for couples who want to live together in Australia. If you meet the eligibility requirements and provide all the necessary information, you may be able to obtain a Partner visa and start your life together in Australia.

Application Process and Requirements

If you are planning to apply for an Australia Partner (Provisional and Migrant) visa (subclass 309/100), it is important to understand the application process and requirements. Here is a breakdown of what you can expect:

Eligibility Criteria

To be eligible for the Partner (Provisional) visa (subclass 309), you must be in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. You must also be outside of Australia when you apply and when the visa is granted.

To be eligible for the Partner (Migrant) visa (subclass 100), you must have held the Partner (Provisional) visa (subclass 309) for at least two years, have met all the visa conditions, and still be in a genuine and ongoing relationship with your partner.

Required Documents

You will need to provide a range of documents to support your visa application, including evidence of your relationship, identity documents, and health and character assessments. The specific documents required will depend on your individual circumstances.

ImmiAccount

You can apply for the Partner visa (subclass 309/100) online through ImmiAccount, which is the Department of Home Affairs’ online application system. You will need to create an ImmiAccount and complete the online application form, providing all the required information and supporting documents.

Visa Application

Once you have submitted your Partner visa (subclass 309/100) application, you will receive an application ID. You can use this ID to track the progress of your application and communicate with the Department of Home Affairs about any questions or concerns you may have.

Overall, the application process for the Australia Partner (Provisional and Migrant) visa (subclass 309/100) can be complex and time-consuming. It is important to ensure that you meet all the eligibility criteria, provide all the required documents, and complete the application accurately and thoroughly to maximize your chances of success.

Role and Responsibilities of the Sponsor

If you are an Australian citizen, permanent resident, or eligible New Zealand citizen, you can sponsor your partner for a Partner (Provisional and Migrant) visa (subclass 309/100) to come to Australia. As a sponsor, you have certain responsibilities and obligations that you must fulfill.

Firstly, you must provide financial support for your partner and any dependent family members who come to Australia with them. This includes accommodation, food, and other basic needs. You must also ensure that your partner and their family have access to adequate healthcare during their stay in Australia.

Secondly, you must provide accurate information to the Department of Home Affairs about your relationship with your partner. This includes information about how you met, how long you have been together, and your plans for the future. You must also provide evidence that you and your partner are in a genuine and ongoing relationship.

Thirdly, you must ensure that your partner complies with all the conditions of their visa. This includes ensuring that they do not work in Australia unless they have permission to do so, and that they do not engage in any criminal activity.

Finally, if your relationship with your partner breaks down, you must inform the Department of Home Affairs as soon as possible. This includes if you separate from your partner, divorce, or if your partner passes away.

In summary, as a sponsoring partner, you have a number of responsibilities and obligations that you must fulfill. These include providing financial support, providing accurate information to the Department of Home Affairs, ensuring that your partner complies with all the conditions of their visa, and informing the Department of Home Affairs if your relationship breaks down.

Eligibility Criteria for Applicants

To be eligible for the Australia Partner (Provisional and Migrant) visa (subclass 309/100), you must meet the following criteria:

  • You must be in a committed and genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
  • You must either be married to your partner or in a de facto relationship. A de facto relationship is defined as a relationship where you have been living together for at least 12 months prior to lodging your visa application.
  • You must be able to provide evidence of your relationship, such as joint bank accounts, bills, and photos.
  • You must meet the health and character requirements set by the Australian government. This includes undergoing a medical examination and providing police certificates from all countries you have lived in for more than 12 months in the past 10 years.
  • You must not have any outstanding debts to the Australian government.
  • You must meet the age requirements. If you are applying as a de facto partner, you must be at least 18 years old.
  • You must meet the English language requirements. If you are from a non-English speaking country, you may need to take an English language test, such as the International English Language Testing System (IELTS).

It is important to note that the eligibility criteria may vary depending on your individual circumstances. For example, if you are in a same-sex relationship, you are still eligible for the Partner visa. Additionally, if you are in a long-distance relationship, you may still be eligible for the visa, but you will need to provide additional evidence to prove the genuineness of your relationship.

Overall, the Partner visa provides an opportunity for partners, spouses, and de facto partners of Australian citizens or permanent residents to join their loved ones in Australia. If you meet the eligibility criteria, you can apply for the visa and start your new life together in Australia.

Visa Benefits and Limitations

If you are in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be eligible for a Partner (Provisional and Migrant) visa (subclass 309/100). This visa allows you to live, work, and study in Australia while your application for a permanent partner visa is being processed.

Benefits

With a Partner (Provisional and Migrant) visa, you can:

  • Live in Australia with your partner
  • Work in Australia
  • Study in Australia
  • Travel in and out of Australia as many times as you want while the visa is valid
  • Apply for a permanent partner visa (subclass 801) after two years of holding the provisional visa
  • Access Medicare, Australia’s public healthcare system

Limitations

However, there are some limitations to this visa:

  • You must be in a genuine and ongoing relationship with your partner
  • You must be outside Australia when you apply and when the visa is granted
  • You must meet health and character requirements
  • You must not have any outstanding debts to the Australian government
  • You must not have had a visa cancelled or refused while you were in Australia

It’s important to note that if you are engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen, you should apply for a Prospective Marriage visa (subclass 300) instead of a Partner (Provisional and Migrant) visa. This visa allows you to enter Australia and marry your partner within nine months, after which you can apply for a Partner (Provisional and Migrant) visa.

Overall, the Partner (Provisional and Migrant) visa is a great option for those in committed relationships with Australian citizens or permanent residents who want to live, work, and study in Australia. Just make sure you meet all the requirements and understand the limitations before you apply.

Processing Time and Cost

If you are planning to apply for the Australia Partner (Provisional and Migrant) visa (subclass 309 100), it is important to know about the processing time and cost of the visa application. The processing time for the Partner visa application can vary depending on individual circumstances, including the completeness of the application and the number of applications being processed.

The current processing time for the Partner visa application is approximately 17-22 months, as per the official website of the Department of Home Affairs. However, this processing time may be longer or shorter depending on several factors, such as the complexity of the application and the number of applications being processed at the time of submission.

In terms of the visa cost, the application fee for the Partner visa (subclass 309 100) is AUD 7,715. This fee covers both the temporary and permanent stages of the visa application. However, additional fees may apply for other services related to the visa application, such as health assessments, police checks, and translation services. It is important to note that the visa application fee is non-refundable, regardless of the outcome of the application.

It is recommended that you check the official website of the Department of Home Affairs for the latest visa processing times and visa application fees. Additionally, it is important to ensure that you meet all the eligibility criteria before submitting your visa application to avoid any unnecessary delays or costs.

Health and Character Requirements

When applying for the Partner (Provisional and Migrant) visa (subclass 309 100), you will need to meet certain health and character requirements. These requirements are in place to ensure that all visa holders can contribute positively to Australian society and are not at risk of harm.

Health Requirements

To meet the health requirements, you may need to undergo a health examination. The examination is designed to identify any health conditions that may pose a risk to public health or require significant health care resources. You may also be required to provide evidence of certain vaccinations.

If you are found to have a health condition that poses a risk to public health, your visa application may be refused. However, in some cases, you may be able to apply for a health waiver.

English Language Classes

If you are not a native English speaker, you may be required to attend English language classes. The Adult Migrant English Program (AMEP) provides free English language classes to eligible migrants and refugees.

Character Requirements

To meet the character requirements, you may need to provide a police certificate from each country you have lived in for 12 months or more over the past 10 years. The certificate must be issued by the relevant authority in each country and must be less than 12 months old.

If you have a substantial criminal record, or have been associated with people or groups involved in criminal conduct, your visa application may be refused. However, in some cases, you may be able to apply for a character waiver.

It is important to note that meeting the health and character requirements does not guarantee that your visa application will be approved. The Department of Home Affairs will consider a range of factors when assessing your application, including your relationship with your Australian partner and your ability to support yourself financially.

Family and Dependent Provisions

If you are applying for an Australia Partner (Provisional and Migrant) visa (subclass 309 100), you may include your family members and dependent children in your application. The Australian government recognizes the importance of family unity and has made provisions to ensure that families can stay together.

To be considered as part of the family unit, your family members must meet certain requirements. This includes being married or in a de facto relationship with you, having a dependent child in common, or being a dependent child of you or your partner.

If you have dependent children, they may also be included in your application. However, if you have children who are not dependent, they may need to apply for a separate visa. The dependent child visa (subclass 445) is available for children who are under 18 years old and are not married, engaged, or in a de facto relationship.

If you are separated or divorced and share joint custody of your dependent children, you may still include them in your application. However, you will need to provide evidence of your custody arrangements and obtain the consent of the other parent or legal guardian.

It’s important to note that if you have family members or dependent children who are not included in your application, they will not be eligible for any benefits or services provided to visa holders. Therefore, it’s crucial to carefully consider who to include in your application to ensure that your entire family can benefit from the privileges of the visa.

In summary, the Australia Partner (Provisional and Migrant) visa (subclass 309 100) provides provisions for family members and dependent children to be included in the application. The Australian government recognizes the importance of family unity and has made provisions to ensure that families can stay together. If you have any questions about the family and dependent provisions, you can refer to the official Australian government website.

If you are planning to apply for an Australia Partner (Provisional and Migrant) visa (subclass 309 100), it is important to understand the legal and migration assistance available to you.

Under Australian law, you are not required to use a migration agent or lawyer to apply for a visa. However, if you choose to use a migration agent, it is important to ensure that they are registered with the Office of the Migration Agents Registration Authority (OMARA). This will ensure that they are qualified and authorized to provide migration assistance.

You may also consider making an appointment with the Department of Home Affairs to discuss your visa application and any questions you may have. Due to COVID-19, it is recommended to check the latest updates and restrictions before making an appointment.

Once you have been granted an Australia Partner (Provisional and Migrant) visa (subclass 309 100), you may be eligible to apply for Australian citizenship after meeting certain requirements. It is important to understand these requirements and the process involved in applying for citizenship.

In addition, you may be eligible for Medicare, which provides access to healthcare services in Australia. It is important to understand your rights and entitlements under the Medicare system and how to access healthcare services.

Overall, seeking legal and migration assistance can help ensure that your Australia Partner (Provisional and Migrant) visa (subclass 309 100) application is successful and that you have a smooth transition to life in Australia.

Document Checklist and Technical Assistance

When applying for the Australia Partner (Provisional and Migrant) visa (subclass 309 100), you will need to provide several documents to support your application. It is important to ensure that you have all the required documents before submitting your application to avoid delays or a refusal.

Some of the documents that you will need to provide include your birth certificate, national ID card, and marriage certificate (if applicable). You will also need to provide police certificates from all the countries you have lived in for more than 12 months in the last 10 years.

To ensure that you have all the necessary documents, you can refer to the Document Checklist available on the Department of Home Affairs website. The Document Checklist provides a list of all the documents that you need to submit with your application. You can also seek technical assistance from the Department of Home Affairs or a registered migration agent if you need help with your application.

If you have already submitted your application but realize that you have made a mistake or want to withdraw your application, you can do so by contacting the Department of Home Affairs. They will provide you with the necessary information on how to withdraw your application and any fees that may apply.

In summary, when applying for the Australia Partner (Provisional and Migrant) visa (subclass 309 100), it is important to ensure that you have all the required documents and seek technical assistance if needed. You can refer to the Document Checklist and contact the Department of Home Affairs for any assistance.

Frequently Asked Questions

What are the requirements for an offshore Partner visa in Australia?

To apply for an offshore Partner visa (subclass 309/100) in Australia, you must be in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. You must also be outside of Australia at the time of application and meet health and character requirements. Additionally, you must provide evidence of your relationship, such as joint bank accounts, shared bills, and photos together.

What is the processing time for the Temporary Partner visa in Australia?

The processing time for the Temporary Partner visa (subclass 309) can vary depending on individual circumstances and the number of applications being processed. However, the current processing time for this visa subclass is around 17-22 months.

What is the cost of a Spouse visa in Australia?

The cost of a Spouse visa (subclass 309/100) in Australia is AUD 7,715. This fee is for the main applicant, and additional charges may apply for any dependents included in the application.

What is the difference between subclass 309 and 100 for Partner visas in Australia?

Subclass 309 is a Temporary Partner visa that allows you to enter Australia and live with your Australian partner for up to two years. After this period, you can apply for a Permanent Partner visa (subclass 100), which will allow you to stay in Australia indefinitely. Subclass 100 is a Permanent Partner visa that can be granted to you if you hold a subclass 309 visa and meet the eligibility criteria.

How long does it take to get an Australia Partner visa subclass 309/100?

The processing time for an Australia Partner visa subclass 309/100 can vary depending on individual circumstances and the number of applications being processed. However, the current processing time for this visa subclass is around 17-22 months for the subclass 309 visa and around 20-28 months for the subclass 100 visa.

What is a Prospective Marriage visa in Australia?

A Prospective Marriage visa (subclass 300) is for people who want to come to Australia to marry their prospective spouse who is an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa is valid for nine months and allows you to enter Australia and marry your partner within this period. Once you are married, you can apply for a subclass 820/801 Partner visa to stay in Australia.

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