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Subclass 309/100
Are you an overseas Citizen longing to be with your partner in Australia? The Partner Visa (Subclass 309/100) offers you the pathway to embrace your love story on Australian soil.
Partner Visa Experts
Emigrate Lawyers is your trusted partner in navigating the complexities of the Partner Visa (Subclass 309/100) application process. Our dedicated team of immigration lawyers understands the importance of reuniting families and is committed to providing you with expert legal guidance every step of the way.
Two Stages
STAGE 1 ➡️ Partner (Provisional) Visa (Subclass 309)
This is the initial stage of the offshore Partner Visa application process. Getting this visa is the first step towards a permanent Partner visa (subclass 100). The grant of this visa allows the applicant to join their partner and live in Australia temporarily while their permanent Partner (Migrant) Visa (Subclass 100) application is being processed.
This is a temporary visa
This leads directly to the permanent Partner visa
You must be outside Australia when you apply
STAGE 2 ➡️ Partner (Migrant) Visa (Subclass 100)
After a certain period of time, typically two years after the initial application, if the relationship is still genuine and ongoing, the applicant becomes eligible for the permanent stage of the Partner Visa.
This is a permanent visa.
You must hold a temporary Partner visa (subclass 820)
The purpose of the subclass 309 visa is to allow the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to enter or remain in Australia. The applicant is initially granted a temporary visa, and is eligible for permanent residency if the relationship still exists after a two-year waiting period. The minimum requirements for this visa are as follows:
Eligibility Criteria
To embark on this journey, at minimum you need to:
Be outside Australia to apply.
Have a loving partner who is an Australian Citizen, Permanent Resident, or eligible New Zealand Citizen.
Meet the spousal or de facto relationship requirements.
Fulfill the “4 Pillars” criteria, demonstrating the depth of your relationship.
Meet the character and health requirements.
Cherish mutual commitment and uphold the authenticity of your bond.
These criteria represent the minimum requirements. Additional information may be necessary from both the Applicant and the Sponsor to establish eligibility.
We offer in-depth consultations to discuss your specific situation in detail. Please reach out to our Office to schedule an appointment.
Visa Application
Your Partner visa application is lodged with the DHA on behalf of you and your sponsor. The main criterion is that the relationship and your sponsor meet the requirements referred to above. In addition, you must meet the standard health and character checks.
Following lodgement of your application, you and your spouse/partner may be asked to attend an interview with the DHA. In some cases, the DHA may visit your place of residence and/or conduct other checks to verify your relationship.
You must be outside Australia when your application is lodged. You may be either in or outside Australia when your visa is granted.
This visa, which is valid for a ‘stand-down period’ of approximately two years from the date of the application’s lodgement, allows you to enter Australia and remain there until your application for permanent residency has been decided by the DHA.
Next Steps: Permanent Residency
Next Steps: Permanent Residency
You will be eligible for permanent residency two years after lodging a successful temporary partner visa application, provided your de facto partnership or marriage continues to meet the requirements listed above. At this stage, you will be required to provide further evidence to the DHA to establish your eligibility for permanent residency. You may be either in or outside Australia when your permanent visa is granted.