Explanation of the Australia Partner Visa (subclass 309/100)

The Australia Partner Visa (subclass 309/100) is a temporary and permanent visa program that allows Australian citizens or permanent residents to sponsor their partners to join them in Australia. This visa is designed to reunite couples who are separated by distance and enable them to live together in Australia. The subclass 309 visa is a temporary visa, while the subclass 100 visa is the permanent visa that follows after the subclass 309 visa.

Importance of understanding the visa requirements and application process

Understanding the visa requirements and the application process for the Australia Partner Visa (subclass 309/100) is crucial for any couple planning to move to Australia. The visa requirements are specific and can be challenging to meet, and the application process can be lengthy and complicated. Therefore, it is essential to have a good understanding of the requirements and the process to avoid any issues or delays.

This article aims to provide comprehensive information about the Australia Partner Visa (subclass 309/100), including the eligibility requirements, application process, living on the visa, converting to permanent residency, common issues and challenges, and frequently asked questions. By reading this article, couples planning to apply for the visa will gain valuable insights into what is involved in the application process and how to prepare a strong application.

Eligibility for the Australia Partner Visa (subclass 309/100)

Definition of a “partner” under the visa program

Under the Australia Partner Visa (subclass 309/100), a “partner” is defined as someone who is in a genuine and ongoing relationship with an Australian citizen or permanent resident. This includes same-sex relationships and de facto relationships, where the couple has lived together for at least 12 months or registered their relationship with the relevant authority.

Types of relationships that are eligible for the visa

The Australia Partner Visa (subclass 309/100) is available for various types of relationships, including de facto relationships, marriages and same sex relationships. Couples must provide sufficient evidence to demonstrate that their relationship is genuine and ongoing.

Requirements for the Australian sponsor

The Australian sponsor must be an Australian citizen or permanent resident who can demonstrate their ability to support their partner financially. They must also provide police clearance certificates and undergo a medical examination.

Requirements for the visa applicant

The visa applicant must meet several requirements, including proving that their relationship is genuine and ongoing, meeting the health and character requirements, and providing evidence of their identity and relationship history. They must also demonstrate that they have functional English language skills.

Common issues that can affect eligibility

Several issues can affect the eligibility of the visa applicant, such as previous visa refusals or cancellations, criminal convictions, health issues, and not meeting the financial requirements. Additionally, couples must provide adequate evidence of their relationship, such as photos and evidence of living together. Failure to provide sufficient evidence can result in the visa application being refused.

Applying for the Australia Partner Visa (subclass 309/100)

Overview of the application process

The application process for the Australia Partner Visa (subclass 309/100) involves multiple stages. Couples must provide extensive evidence to demonstrate that their relationship is genuine and ongoing and meet all the eligibility requirements for the visa.

Required documents for the application

The required documents for the Australia Partner Visa (subclass 309/100) include evidence of the relationship that can include:

• photographs
• joint bank accounts
• joint travel records
• rental agreements
• statements from families
• statements from friends
• lease agreements
• social media records
• sworn affidavits
• invitations to the events of others (i.e. wedding invitations)

Other documents required include proof of identity, police clearance certificates, medical examinations, and evidence of the sponsor’s financial capacity.

Tips for preparing a strong application

Preparing a strong application for the Partner Visa subclass 309/100 involves providing sufficient and compelling evidence of the relationship and providing accurate information in the application.

Cost to apply for the Australia Partner Visa (subclass 309/100)

As of 2023, the base application fee for the subclass 309 temporary visa is AUD7,715, while the base fee for the subclass 100 permanent visa is AUD3,295.

Questions on the Partner Visa subclass 309/100 form

• Personal details of the applicant and sponsor.
• Relationship details including how the couple met.
• Details of any previous relationships and marriages for both the applicant and the sponsor.
• Evidence of financial and social commitments between the applicant and sponsor.
• Information about the applicant’s health and character.
• Details of any children from previous relationships.
• Information about the applicant’s previous visits to Australia.
• Details of the sponsor’s Australian citizenship or permanent residency status.

Timeline for processing the visa application

The processing time for the Partner Visa subclass 309/100 is between 12 to 18 months. The processing time can be affected by factors such as the complexity of the application and whether the application is complete and accurate.

Possible outcomes of the application

After submitting the application the possible outcomes include:

• being granted the temporary subclass 309 visa
• being refused the visa
• being asked to provide further information or attend an interview

If the temporary visa is granted then the couple can then apply for the permanent subclass 100 visa after two years.

Living on the Australia Partner Visa (subclass 309/100)

The Australia Partner Visa (subclass 309/100) comes with conditions that must be adhered to by the visa holder. These conditions include the requirement to maintain a genuine and ongoing relationship with their Australian partner, notify the Department of Home Affairs of any changes to their circumstances and not to engage in any activities that are prohibited under Australian law.

Work and study rights for the visa holder

The visa holder has the right to work and study in Australia. The temporary visa holder can work in any occupation and the permanent visa holder can work in any occupation they choose.

Access to healthcare and other public services

The visa holder of the Australia Partner Visa (subclass 309/100) is entitled to access Medicare, education, social security and public housing.

Travel restrictions for the visa holder

The visa holder can travel outside of Australia while holding the temporary visa. However, they must ensure that they are not outside of Australia for longer than 12 months. The permanent visa holder can travel freely in and out of Australia for five years from the date of the visa grant.

Rights of the visa holder

The visa holder of the Australia Partner Visa (subclass 309/100) has the right to work, study, access healthcare, public services, the freedom of movement, free speech, the right to religious freedom and the right to travel.

Converting the Australia Partner Visa (subclass 309) to permanent residency (subclass 100)

Overview of the permanent residency application process

After holding the Australia Partner Visa (subclass 309) for two years the visa holder can apply for permanent residency through the subclass 100 visa.

Eligibility requirements for the permanent residency visa

To be eligible for the permanent residency visa the visa holder must have lived in a genuine and ongoing relationship with their Australian partner while holding the subclass 309 visa.

Differences between the temporary and permanent visas

There are several differences between the Australia Partner Visa (subclass 309) and the permanent residency visa (subclass 100). The subclass 100 visa provides the visa holder with indefinite permission to remain in Australia, while the subclass 309 visa is only temporary. The subclass 100 visa also grants the visa holder unrestricted work and travel rights, while the subclass 309 visa has some limitations.

Tips for preparing a strong permanent residency application

To increase the chances of a successful permanent residency application the visa holder should provide evidence that their relationship is genuine and ongoing and that they have been living together for the past two years.

Timeline for processing the permanent residency application

The processing time for the permanent residency subclass 100 visa is 18-24 months.

Common issues and challenges with the Australia Partner Visa (subclass 309/100)

Delays and processing times for the visa application

One of the most common issues with the Australia Partner Visa (subclass 309/100) is the delay in processing time for the visa application. The Department of Home Affairs receives a large number of applications each year which can result in a backlog and long waiting periods for applicants.

Issues with meeting the visa requirements

Meeting the visa requirements can be challenging for some applicants especially if they do not have the required documentation or evidence to support their application.

Impact of changes in the relationship status on the visa

Changes in the relationship status can impact the visa status of the applicant. If the applicant and their partner separate or divorce before the permanent residency application is approved the applicant may lose their eligibility for the subclass 100 visa.

Problems with the visa application process

The visa application process can be complex and confusing for some applicants.

Options for appealing a visa decision

If an applicant’s visa application is rejected they may have the option to appeal the decision.

Common FAQs about the Australia Partner Visa (subclass 309/100)

Q: How long does it take to process the Australia Partner Visa (subclass 309/100)?
A: The processing time for the visa takes 17 to 23 months for the temporary visa (subclass 309) and an additional 14 to 20 months for the permanent visa (subclass 100) to be processed.

Q: Can I apply for the Australia Partner Visa (subclass 309/100) while in Australia?
A: Yes, you can apply for the visa while you are in Australia, but you must hold a valid visa that allows you to do so. If your current visa is about to expire you may be eligible for a Bridging Visa to remain in Australia until a decision is made on your Partner Visa application.

Q: Can I include my children in my Australia Partner Visa (subclass 309/100) application?
A: Yes, you can include your children in your application if they are dependent on you and meet the eligibility requirements for the visa. You will need to provide evidence of their relationship to you and evidence that they meet the health and character requirements.

Q: Do I need to be married to apply for the Australia Partner Visa (subclass 309/100)?
A: No, you do not need to be married to apply for the visa. The visa program recognizes a range of partner relationships, including those who are engaged, in a de facto relationship, or in a registered relationship.

Q: What are the health and character requirements for the Australia Partner Visa (subclass 309/100)?
A: To be eligible for the visa, you and any dependent family members included in your application must meet the health and character requirements. This involves providing evidence of good health and character, such as police clearance certificates and medical examinations. The Australian government takes these requirements seriously to ensure the safety and well-being of its citizens and residents.

Q: Can I work in Australia on the Australia Partner Visa (subclass 309/100)?
A: Yes, the Australia Partner Visa allows the visa holder to work in Australia. Once the visa is granted, the visa holder can work for any employer in any occupation for the duration of the visa.

Q: Can I study in Australia on the Australia Partner Visa (subclass 309/100)?
A: Yes, the Australia Partner Visa allows the visa holder to study in Australia. The visa holder will be able to enroll in any course of study in Australia but will not be eligible for government funded financial assistance for tuition fees and living costs.

Q: What happens if my partner and I break up while on the Australia Partner Visa (subclass 309/100)?
A: If a relationship breaks down while on the Australia Partner Visa, it can have serious consequences for the visa holder. The visa holder must inform the Department of Home Affairs of the change in circumstances, and the visa may be cancelled.

Q: Can I travel outside of Australia on the Australia Partner Visa (subclass 309/100)?
A: Yes, the Australia Partner Visa allows the visa holder to travel in and out of Australia as many times as they wish while the visa is valid. However, it is important to note that the visa has a travel component that expires 5 years after the visa is granted. After this time, the visa holder will need to apply for a resident return visa if they wish to continue traveling in and out of Australia.

Q: Can I apply for the Subclass 309/100 if I have experienced domestic violence in my relationship?
A: Yes, you can still apply for the Australia Partner Visa (subclass 309/100) even if you have experienced domestic violence in your relationship. The Australian government takes domestic violence very seriously and has measures in place to help protect and support victims of domestic violence.

Q: What should I do if I am experiencing domestic violence while on the Australia Partner Visa?
A: If you are experiencing domestic violence while on the Australia Partner Visa you should seek help immediately. You can contact the police or a support organization for victims of domestic violence.

Q: Can I leave my partner if I am experiencing domestic violence while on the Australia Partner Visa?
A: Yes, you have the right to leave your partner if you are experiencing domestic violence while on the Australia Partner Visa.

Q: Will my visa be cancelled if I leave my partner due to domestic violence?
A: No, your visa will not automatically be cancelled if you leave your partner due to domestic violence. You may need to apply for a new visa or take other actions to ensure that your visa status is not affected.

Q: What support is available to victims of domestic violence on the Australia Partner Visa (subclass 309/100)?
A: Victims of domestic violence on the subclass 309/100 can access a range of support services, including counseling, legal advice, and financial assistance.

Free Australia Partner Visa Assessment

We encourage readers who are considering applying for the Australia Partner Visa to pursue their plans to move to Australia with their partner. With careful planning and preparation, this visa program can be a great opportunity to start a new life together in Australia. If you or your partner require further information then take a Free Visa Assessment to learn your options.