Partner visa (apply overseas) (subclass 309 and 100)

International love is an amazing thing, but when it comes to visas, it can be a bit tricky. The Partner visa (apply overseas) (subclass 309 and 100) is designed to help couples stay together when one partner is an Australian citizen or permanent resident, and the other is living outside of Australia. This visa allows the non-Australian partner to join their partner in Australia and stay with them permanently. In this article, we will guide you through the details of this visa, the eligibility requirements, the application process, and some helpful tips to make the process smoother.

What is the Partner visa (subclass 309 and 100)?

The Partner visa (apply overseas) (subclass 309 and 100) is a two-stage visa program that allows the partners of Australian citizens, Australian permanent residents, or eligible New Zealand citizens to enter or remain in Australia with their partner. The first stage, subclass 309, is a temporary visa that allows the partner to enter Australia and live with their Australian partner for up to two years. The second stage, subclass 100, is a permanent visa that allows the partner to remain in Australia indefinitely. The visa is designed to help partners live together in Australia and eventually become permanent residents.

It's important to note that this visa is for applicants who are outside Australia at the time of application and when the visa is granted. If the applicant is already in Australia, they will need to apply for a different visa. Additionally, this visa is only for couples in a genuine and ongoing relationship. It's not applicable for couples who are not in a genuine relationship or who are only in a de facto relationship.

Benefits of the Partner visa (subclass 309 and 100)

The Partner visa (subclass 309 and 100) offers several benefits to the visa holders. Firstly, it allows the applicant to live, work and study in Australia with their partner who is an Australian citizen, permanent resident or eligible New Zealand citizen. It also provides the opportunity to apply for Australian citizenship after meeting certain requirements.

Additionally, the visa allows the applicant to travel in and out of Australia as many times as they want while the visa is valid. The permanent visa also grants the holder access to Medicare, the Australian healthcare system, and the ability to sponsor their relatives for permanent residence.

Overall, the Partner visa (subclass 309 and 100) provides a pathway for couples to live together in Australia and build a life together while enjoying the benefits of Australian citizenship and healthcare.

Eligibility for the Partner visa (subclass 309 and 100)

To be eligible for this visa, the applicant must meet certain requirements for both the temporary and permanent stages of the visa. These requirements include having a genuine and continuing relationship with their partner, meeting health and character requirements, and not owing any debts to the Australian government. We will discuss the eligibility criteria for both the temporary and permanent stages of the Partner visa (subclass 309 and 100).

Partner (Provisional) visa (subclass 309)

The Partner (Provisional) visa (subclass 309) requires applicants to meet specific criteria to be eligible for the visa. First, applicants must not have had a visa cancelled or application refused previously. Second, applicants must be outside Australia when they apply and have a sponsor, who is usually their partner. The sponsor must be approved by the Australian Government, and the person who sponsors you for the temporary 309 Partner visa must be the same person who sponsors you for the two years after the visa is granted. Third, married applicants must be 18 or older when they apply, while applicants in de facto relationships must be 18 or older when they apply. Fourth, applicants must meet the relationship requirements, which stipulate that they must be the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Fifth, applicants must meet the health and character requirements and have no debt to the Australian government. Finally, the best interests of any applicant under 18 must be taken into account when deciding whether to grant the visa.

It is important to note that applicants who have had a visa cancelled or refused while in Australia may not be eligible for this visa. Additionally, applicants must be outside Australia when they apply, and their family members who apply with them must also be outside Australia. The sponsor for the visa must be approved by the Australian government, and the applicant cannot change their sponsor. To meet the relationship requirements, applicants must be in a genuine and continuing relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, and if they are experiencing domestic and family violence, they can apply for consideration to be granted their temporary and permanent visa. Finally, applicants must meet the health and character requirements, have no debt to the Australian government, and ensure that the best interests of any applicant under 18 are taken into account when deciding whether to grant the visa.

Partner (Migrant) visa (subclass 100)

To be eligible for the subclass 100 visa, applicants must have previously been granted a subclass 309 visa, which is the first stage of the two-stage Partner visa program, and have met all the requirements of that visa. The visa requirements include holding a Partner (Provisional) visa (subclass 309) or a Dependent Child (subclass 445) visa. Additionally, two years must have passed since you applied for the combined 309 and 100 visa for you to be assessed for the permanent visa. However, if you were in a long-term relationship or your sponsor held a specific visa before you applied, you might be granted the permanent visa within less than 2 years.

In order to be eligible for the Partner (Migrant) visa (subclass 100), you must meet specific requirements. This includes continuing to meet the relationship requirements, which means that you must still be the spouse or de facto partner of the same person who sponsored you for the temporary Partner visa, have a genuine and continuing relationship, live together or don’t live permanently apart, and be mutually committed to a shared life excluding other partners. If your relationship breaks down or your partner dies before the permanent visa is granted, you might still be eligible for the permanent visa. You must also have no debts to the Australian government, or have an approved arrangement in place to pay them back. If you have children under the age of 18, their best interests must be taken into account in the decision-making process. If you are experiencing domestic and family violence, you can apply for consideration to be granted your permanent visa, and the best interests of any children involved will also be taken into account.

How to apply for the Partner visa (subclass 309 and 100)

To apply for the Partner visa (subclass 309 and 100), you must first be sponsored by your partner who must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.

The application process involves two stages. First, you must apply for the temporary Partner visa (subclass 309), which allows you to live in Australia with your partner while your permanent Partner visa (subclass 100) application is being processed.

To apply for the temporary Partner visa, you must submit your application online or by post, along with all necessary documents such as proof of identity, relationship, health, and character. You and your partner must also pay the visa application fee.

After you have been granted the temporary Partner visa, you will need to wait for two years before you can apply for the permanent Partner visa (subclass 100). During this time, you must continue to meet the relationship and other eligibility requirements. If your circumstances change during this period, such as if your relationship breaks down, you must inform the Department of Home Affairs.

To apply for the permanent Partner visa, you must again submit your application online or by post, along with updated documents and evidence that you continue to meet the eligibility requirements. You and your partner must also pay the visa application fee.

The processing time for Partner visa applications can vary, but it generally takes several months to over a year. You should keep track of your application status and respond promptly to any requests for additional information or documents.

If you need assistance with your visa application, you can contact a registered migration agent or seek help from the Department of Home Affairs.

Conclusion

In conclusion, applying for a Partner visa (subclass 309 and 100) can be a complex and time-consuming process, but it is achievable with the right preparation and guidance. It is important to ensure that you meet all the eligibility criteria and provide accurate and complete information to avoid any delays or complications in the application process.

My advice would be to seek professional advice and assistance from a registered migration agent or lawyer who can guide you through the application process and provide you with up-to-date information on any changes in visa requirements or policies. It is also important to gather all the necessary documents and evidence to support your application, including evidence of your relationship, financial capacity, health and character, and any other relevant information.

Finally, be patient and prepared for a potentially long processing time, which can vary depending on individual circumstances and processing times at the Department of Home Affairs. With the right preparation and patience, however, obtaining a Partner visa can allow you to join your partner in Australia and start building a life together in this beautiful country.