Partner Visa (Subclass 309/100):

Partner (Provisional and Migrant Visa) (Subclass 309/100): A Comprehensive Guide

The Partner Visa (Subclass 309/100) allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. The visa process is a two-stage process: the applicant first receives a temporary visa (Subclass 309) and, after meeting certain criteria, can apply for a permanent visa (Subclass 100).

• Subclass 309 Visa: This is a temporary visa that allows the applicant to stay in Australia while their permanent visa (Subclass 100) application is processed. It is the first step towards becoming a permanent resident.
• Subclass 100 Visa: This is the permanent visa granted to holders of the Subclass 309 visa, provided they meet the required criteria. This visa allows the applicant to stay in Australia indefinitely and offers a pathway to Australian citizenship.

If you need assistance with this profession such as EOI lodgement, skill assessment, PR application lodgement or would like to study courses related to Civil Engineering Draftsperson, we have all colleges and universities all over Australia. Contact us for more info and guidance.

Email: info@immiedu.com.au

Contact: 04 2626 3536.

1. Eligibility Criteria

To apply for the Partner Visa (Subclass 309/100), both the applicant and their sponsor must meet several eligibility requirements:

• Relationship: The applicant must be in a genuine and ongoing relationship with their sponsor. This can be either a marriage or a de facto relationship. For de facto relationships, the couple must have lived together for at least 12 months before applying.
• Sponsor: The sponsor must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. The sponsor must also be at least 18 years old.
• Health and Character Requirements: The applicant must meet certain health and character requirements. This may include undergoing medical examinations and providing police clearance certificates.
• Previous Sponsorships: If the sponsor has previously sponsored someone for a partner visa or has been sponsored themselves, there are restrictions on when they can sponsor another person.

2. Application Process

The application process for the Partner Visa (Subclass 309/100) involves several steps, including lodging the application, providing supporting documents, and undergoing health and character checks.

1. Lodging the Application: The application for the Partner Visa (Subclass 309/100) can be lodged online through the Department of Home Affairs website. The application fee must be paid at the time of submission.
2. Providing Supporting Documents: The applicant must provide evidence of their relationship with their sponsor. This can include marriage certificates, joint bank account statements, and photos of the couple together. The sponsor must also provide documents proving their citizenship or residency status.
3. Health and Character Checks: The applicant and any dependents included in the application must undergo health and character checks. This may involve providing medical examinations and police clearance certificates.
4. Visa Decision: The processing time for the Subclass 309 visa can vary, but it typically takes between 12 to 18 months. Once the Subclass 309 visa is granted, the applicant can travel to and live in Australia while waiting for their permanent visa (Subclass 100) to be processed.
5. Grant of Subclass 100 Visa: The Subclass 100 visa is usually granted two years after the Subclass 309 visa is issued. However, if the applicant has been in a long-term relationship with their sponsor (e.g., over three years), they may be eligible to receive the Subclass 100 visa at the same time as the Subclass 309 visa.

3. Benefits of the Partner Visa (Subclass 309/100)

The Partner Visa (Subclass 309/100) offers several benefits to the holder:

• Work and Study: Holders of the Subclass 309 visa can work and study in Australia. Once the Subclass 100 visa is granted, the holder has the same rights as an Australian permanent resident.
• Healthcare: Subclass 309 visa holders have access to Australia’s Medicare system, which provides subsidized healthcare services.
• Travel: Subclass 309 visa holders can travel in and out of Australia freely. The Subclass 100 visa grants the holder the right to travel to and from Australia for five years from the date of visa grant. After this period, a Resident Return Visa (RRV) may be required for further travel.
• Pathway to Citizenship: The Subclass 100 visa offers a pathway to Australian citizenship, provided the holder meets the residency requirements.

4. Common Challenges and Considerations

While the Partner Visa (Subclass 309/100) offers a pathway to permanent residency, applicants may face several challenges during the application process:

• Processing Times: The processing time for the Subclass 309 visa can be lengthy, often taking over a year. During this period, applicants must ensure that their relationship with their sponsor remains genuine and ongoing.
• Cost: The application fee for the Partner Visa (Subclass 309/100) is substantial. As of 2024, the fee is over AUD 8,000. Applicants must also budget for additional costs, such as health checks and police clearance certificates.
• Relationship Evidence: Providing sufficient evidence of the relationship is crucial. The Department of Home Affairs may request additional documents or interviews if they have doubts about the genuineness of the relationship.
• Visa Conditions: The Subclass 309 visa has certain conditions attached, such as notifying the Department of Home Affairs of any changes in circumstances. Failing to comply with these conditions can affect the applicant’s ability to obtain the Subclass 100 visa.

5. Special Considerations for De Facto Relationships

Applicants in de facto relationships face additional scrutiny during the application process. They must demonstrate that they have lived together for at least 12 months before applying for the visa. Exceptions to this requirement may be made in certain circumstances, such as if the couple has registered their relationship under state or territory law.

The Department of Home Affairs will consider various factors when assessing a de facto relationship, including:

• The length of the relationship
• The nature of the household, including shared financial responsibilities
• The social aspects of the relationship, such as joint social activities and recognition of the relationship by friends and family
• The couple’s commitment to each other, demonstrated by the extent to which they have combined their lives

6. Bridging Visas and Travel Conditions

While the Partner Visa (Subclass 309/100) is being processed, applicants may be eligible for a Bridging Visa, which allows them to stay in Australia legally while awaiting a decision on their visa application. The type of Bridging Visa granted depends on the applicant’s situation, such as whether they applied for the Partner Visa while onshore or offshore.

Bridging Visa holders should be aware of travel conditions attached to their visa. If they leave Australia while their Partner Visa application is being processed, their Bridging Visa may cease, and they may need to apply for a new visa to return to Australia.

7. Sponsorship Obligations and Limitations

Sponsors of Partner Visa applicants have certain obligations, including providing financial support to the applicant and any dependents included in the visa application. The sponsor must also be able to assist the applicant in settling into life in Australia.

There are limitations on how often a person can sponsor someone for a Partner Visa. Generally, a person can only sponsor two applicants in their lifetime, and there must be at least five years between each sponsorship. These limitations are designed to prevent abuse of the sponsorship system.

8. Potential for Visa Refusal and Appeal Rights

Visa applications can be refused if the Department of Home Affairs believes that the relationship is not genuine or that the applicant does not meet the required criteria. In cases of refusal, applicants have the right to appeal the decision to the Administrative Appeals Tribunal (AAT).

Applicants should ensure that they provide complete and accurate information in their visa application to minimize the risk of refusal. It may be helpful to seek the assistance of a registered migration agent to guide them through the process.

9. Conclusion

The Partner Visa (Subclass 309/100) provides a valuable opportunity for couples to live together in Australia, with the eventual goal of permanent residency and citizenship. While the application process can be lengthy and complex, understanding the requirements and preparing a strong application can help ensure a successful outcome.

For applicants and sponsors, it is important to maintain a genuine and ongoing relationship throughout the application process and to provide comprehensive evidence of this relationship. By doing so, they can navigate the challenges of the Partner Visa application and look forward to building their lives together in Australia.

For more resources: https://immi.homeaffairs.gov.au/

If you need assistance with this profession such as EOI lodgement, skill assessment, PR application lodgement or would like to study courses related to Civil Engineering Draftsperson, we have all colleges and universities all over Australia. Contact us for more info and guidance.

Email: info@immiedu.com.au

Contact: 04 2626 3536.