Partner Visa (Apply in Australia)

Under this category, there are 2 visa subclasses – – Subclass 309 visa (Temporary) & Subclass 100 visa (Permanent)
An applicant who is the partner or spouse of an Australian citizen/permanent resident or eligible New Zealand citizen, can apply for these visas outside Australia. The Partner (temporary) visa subclass 309 leads directly to the Partner (permanent) visa subclass 100. Both the visas need to be applied together as the temporary visa allows the applicant to stay in Australia while the permanent Partner visa application is being processed.

Partner Visa (Subclass 309) Temporary Visa

This visa allows the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia temporarily. Acquiring this visa is considered to be the first step towards a permanent Partner visa (subclass 100).

What does the Partner Visa (Subclass 309) Provisional Visa allow you to do?

• This temporary visa allows holders to stay in Australia while their permanent Partner visa is being processed or is withdrawn.
• They can work in Australia.
• They are allowed to study as well but will not receive government support.
• They can attend upto 510 hours of free English language classes offered by the Adult Migration English Program.
• They have access to Medicare (Australia’s public health care scheme) and can travel freely to and from Australia.

Eligibility for the Partner Visa (Subclasses 309) Provisional Visa

• Applicants who have had a visa cancelled or refused while they were in Australia are not eligible for this visa.
• They need to be outside Australia when they apply for this visa and while this temporary visa application is being processed.
• Applicants must be in a genuine relationship with their spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
• Applicants must have a sponsor when they apply and when they are on this visa.
• They need to meet all the necessary age (18 years and above), health and character requirements.
• Any money that the visa applicant or their family members owe the Australian government must be paid back.

Partner Visa (Subclasses 100) Migrant Visa

This visa is generally for applicants who currently hold a temporary Partner visa (subclass 309) and allows the de facto partner or spouse of an Australian citizen/permanent resident or eligible New Zealand citizen to live in Australia permanently.

What does the Partner Visa (Subclasses 100) Migrant Visa allow you to do?

• This visa allows holders to stay in Australia indefinitely and if eligible, apply for citizenship.
• They can study and work in Australia and access Medicare (Australia’s public health care scheme).
• They can sponsor their family members to come to Australia as well.
• If eligible, they can also attend upto 510 hours of free English language classes offered by the Adult Migration English Program.
• They can travel to and from Australia freely for 5 years.

Eligibility for the Partner Visa (Subclasses 100) Permanent Visa

• Applicants usually need to hold a Partner visa (subclass 100) or Dependent Child visa (subclass 445)
• 2 years must have passed since the initial lodgement of the combined 309 and 100 visa for the applicant to be assessed for the permanent visa
• They must continue to be sponsored.
• Any money that the visa applicant or their family members owe the Australian government must be paid back.

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