The Partner Visa Australia Subclass 309/100 or the Australian spouse visa is the key aspect of Australian immigration that raises the interest of applicants to explore the scope and opportunities of a career in Australia. Through partner visas, the spouses or partners of Australian permanent residents and citizens can come to live with their partners in Australia. The partners or spouses of eligible New Zealand Citizens are also eligible to apply for an Australian Partner Visa. 

Difference between Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)

The Partner Visa Subclass 309 is a Temporary visa that allows you to stay in Australia for a short time period. Whereas, Subclass 100 is a Permanent Resident Visa, that allows one to stay in Australia permanently, with your partner.

Eligibility Requirement to apply for Subclass 309 Visa

To apply for a Partner visa, as an applicant you must be either married or in a de facto relationship with any of the following:

• A citizen of Australia
• A permanent resident of Australia
• An eligible New Zealand citizen.

Other Key requisites to apply for a visa

• You are outside Australia.
• You are a partner of an Australian citizen, Permanent resident, or eligible New Zealand.
• You can be granted a visa if you are married and:-
• Your relationship breaks down and there is a child of the relationship.
• Your partner dies and you can show that your relationship would have continued if your partner had lived and you have close business, cultural or personal ties in Australia.
• Your relationship breaks down and you or members of your family unit have suffered family violence.

The marriage needs to be legitimate as per Australian law. If you are applying for a partner visa as a de facto partner, then you must have been in a de facto relationship for at least 12 months.

How can you proceed to apply?

Applying for the Australian Partner visa is a two-stage process. Firstly, if you are married or in a de facto relationship (for at least 12 months), you can apply for the Subclass 309 visa in Australia. The application, in fact, is submitted together for both subclass 309 visa and Subclass 100 visa (permanent), while you pay for one visa only. If your application for Subclass 309 Partner visa (temporary) is successful, you become eligible to be assessed for the Permanent visa, i.e. Subclass 100 Visa.

The subclass 309 visa is granted to you on a temporary basis, and based on the same; you can live in Australia temporarily until your permanent visa is granted. After two years of being on a subclass 309 visa in Australia, you can submit additional documents to apply for the Subclass 309 visa. The immigration authorities will check your documents, and if everything is correct, you will be granted a Permanent visa, i.e. Subclass 100 Permanent Partner visa.

Benefits of Subclass 309 Visa

• It allows you to stay in Australia till the time decision is made on your permanent partner visa.
• Study in Australia, but with no access to government funding
• Enroll in Medicare (Australia’s scheme for health-related care and expenses)

Partner visa Australia (subclass 100)

As already mentioned, the Subclass 100 visa is a permanent visa and the second stage of the Partner visa application, when a provisional visa (i.e. Subclass 309) has already been granted to the applicant. You can be assessed for Subclass 100 visa after 2 years of lodging the application for Subclass 309 visa.

A permanent Visa can be granted earlier if you meet the following criteria:-

1. If you already have been in a relationship for 3 years with your partner at the time of applying or not less than two years if there is a dependent child in your relationship.
2. Your sponsor or de facto partner dies, the relationship would have continued if they had not died, and you have developed close business, cultural or personal ties in Australia
3. The relationship breaks down and there is a child of the relationship
4. The relationship breaks down due to family violence.

Benefits of Subclass 100 Visa

Find below the key benefits of a Subclass 100 Visa:

• Provides you the right to live in Australia indefinitely.
• Applicants can work in Australia during their stay.
• Applicants can enroll in Medicare, Australia’s scheme for health-related care and expenses.
• Allows you to apply for citizenship if you meet certain requirements.
• Allows you to move to and fro for five years starting from the day visa is granted.
• You can sponsor your relatives for permanent residency.

Fees for Partner Visa Subclass 309/100

Find below the visa fees for the Partner (Provisional and Migrant) visa (subclass 309 100):

1) Base Application Charge: AUD 8,085

2) Additional applicant charge (18 and over): AUD 4,045

3) Additional applicant charge (under 18): AUD 2,025

NOTE: The visa fees given above are subject to change and revision periodically. Hence, for any clarification about the fees or to confirm the latest/updated visa fees, you may contact HelpOverses immigration expert.

Additional charges applicable

• Medical Examination:-To be paid directly to the doctor conducting the medical examination
• Police check:-To the corresponding authorities in the respective countries where you have lived for more than 6/12 months depending on the visa subclass
• Certification/Translation of Docs-Depending on the certifying person and the number of copies to be certified