309 and 100 Partner Visa (Offshore)

The Partner visa (subclasses 309 and 100) allows the PARTNER or SPOUSE of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia permanently.

The temporary Partner visa (subclass 309) is granted first and lets you come to Australia to live with your partner while a decision is made on your Permanent Partner visa (Subclass 100) or the application is withdrawn.

Location: You must be outside Australia when you lodge your application and when a decision is made on the temporary Partner visa (subclass 309).

You can be in or outside Australia when a decision is made on the permanent Partner visa (subclass 100).

Cost: AUD 7,715

ELIGIBILITY for 309

• You must be married or in a de facto relationship with:
  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen.

    *You might still be eligible if your relationship breaks down after you lodge your application.

• Your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age.
• You must have been in a de facto relationship for at least 12 months.
• If you are married, usually you must be 18 or older when you apply.
• You must have a sponsor, who will be your partner, except if your partner is under 18 years of age.
• You must meet the Australian health and character requirements
• You must have repaid, or have arranged to repay, any outstanding debts to the Australian government.

Visa Process

What you can do with the 309 visa

• stay in Australia until a decision is made on your permanent partner visa or the application is withdrawn
• work in Australia
• study in Australia (you will not receive government support)
• travel to and from Australia as many times as you want
• attend up to 510 hours of free English language classes provided by the Adult Migrant English Program
• Enrol in Australia's public health care scheme, Medicare

How long you can stay on the 309

You can stay in Australia until a decision is made on your permanent partner (100) visa. Usually 15-24 months

Partner Visa (Permanent) – Subclass 100

This visa allows the spouse or de facto partner of an Australian Citizen, Permanent resident or New Zealand Citizen, live in Australia Permanently. It is the second stage of the Partner Visa (Subclass 309).

Stay: Permanent

Eligibility criteria for permanent Partner visa (subclass 100)

• hold a temporary Partner visa (subclass 309)
• continue to be in the spouse or de facto partner relationship unless your relationship has ended and there are special circumstances
• have complied with all Australian laws whilst on your temporary visa.
• may be asked to submit additional documentation two years after you first lodged your temporary partner application. This is to prove that you are still in a genuine and on-going relationship with your partner.

Processing time: 75% of application: 18 months | 90% of applications: 26 months

Cost: You paid for this visa when you applied for your Temporary Partner visa 309

Visa Process 801

What can you do on this visa?

• stay in Australia indefinitely
• work in Australia
• study in Australia
• enrol in Australia's public healthcare scheme, Medicare
• sponsor your relatives to come to Australia
• travel to and from Australia for 5 years
• if eligible, attend free English language classes provided by the Adult Migrant English Program
• if eligible, apply for Australian citizenship