Partner Visa Subclass 309/100

Start Your New Life in Australia

The Subclass 309/100 Partner Visa allows you to apply from outside Australia (offshore) to join your partner and build a life together in Australia. However, the application process can be challenging and overwhelming.

At Australian Migration Lawyers, we offer expert assistance to simplify the process, making it as smooth and stress-free as possible for you to obtain your Partner Visa.

About the Partner Visa Subclass 309/100

Spouses and de facto partners of Australian citizens, Australian permanent residents, or eligible New Zealand citizens may qualify to apply for a Subclass 309/100 Partner Visa.

This visa type is specifically for applicants who are applying offshore and is comprised of two stages:

  1. Subclass 309 (Provisional)
  2. Subclass 100 (Permanent)

While the Subclass 309 and Subclass 100 visas are distinct, they are applied for simultaneously.

How the Subclass 309/100 Visa Works

If you meet the eligibility criteria and apply for the offshore Partner Visa, you will typically be granted a Subclass 309 visa initially. This visa allows you to:

  • Travel to Australia.
  • Live, work, and study without restrictions.
  • Travel freely in and out of Australia.
  • Access Medicare services.

After two years on the Subclass 309 visa, you may become eligible to apply for the Subclass 100 visa. Once granted, the Subclass 100 visa provides Australian permanent residency, granting you full access to the rights and benefits enjoyed by Australian residents.

Eligibility Requirements for a Subclass 309/100 Partner Visa

To apply for a Subclass 309/100 Partner Visa, you must meet the following conditions as required under Australian migration law:

  1. Location: You must be outside Australia (offshore) when applying.
  2. Relationship: You must have a genuine relationship with your sponsoring partner, who must be:
    • An Australian citizen,
    • An Australian permanent resident, or
    • An eligible New Zealand citizen.
  3. Sponsorship: Your sponsor must be either:
    • Your legally married spouse, or
    • Your de facto partner (cohabitation for at least 12 months or proof of not living apart permanently; exceptions may apply).
  4. Age: You must be over 18 years of age (limited exemptions may apply).
  5. Health and Character: You must meet the required health and character standards.

Access a Range of Benefits

The primary advantage of the Partner Visa is that it allows you and your sponsoring Australian partner to live together and build a stable life in Australia without the challenges of temporary visa status. To foster this stability, the Partner Visa program offers several benefits even before you attain permanent residency.

Benefits of the Subclass 309 Visa

As a Subclass 309 visa holder, you can:

  • Move to Australia to join your partner.
  • Work in Australia without restrictions and receive at least the minimum wage under Australian law.
  • Study in Australia without limitations.
  • Travel freely in and out of Australia.
  • Access Medicare, Australia’s public healthcare system.

Additional Benefits of the Subclass 100 Visa

Once you transition to the Subclass 100 visa, you can:

  • Enjoy full access to Medicare services.
  • Pay domestic student fees at Australian educational institutions.
  • Apply for Australian citizenship after meeting residency requirements.
  • Sponsor eligible family members to join you in Australia through relevant visa programs.
  • Fixed price
  • Deal direct with a lawyer
  • Clear communication
  • Satisfaction guarantee

How the Subclass 309/100 Partner Visas Work

The offshore Partner Visa process consists of two stages:

  1. Provisional Stage (Subclass 309)
  2. Permanent Stage (Subclass 100)

Stage 1: Provisional Partner Visa (Subclass 309)

To apply for the Subclass 309 visa, you must provide substantial evidence of your genuine and ongoing relationship, along with personal records such as identity and character documents. Once granted, the Subclass 309 visa permits you to:

  • Enter and reside in Australia for two years.
  • Work, study, and travel without restrictions.

After two years, you become eligible to apply for the Subclass 100 visa.

Stage 2: Permanent Partner Visa (Subclass 100)

Upon holding the Subclass 309 visa for two years, you can apply for the Subclass 100 visa by providing evidence that your relationship remains genuine and ongoing.

Double-Grant of Subclass 309 and 100 Visas

If you are in a long-term relationship, you may qualify for a simultaneous grant of both visas. Australian Migration Lawyers can assist in preparing a request for this option if you meet the criteria.

Future Pathways

  • Once you obtain the Subclass 100 visa, you become a permanent resident with benefits such as the ability to travel freely for up to five years. After this, you can apply for a Resident Return Visa (Subclass 155) to renew your travel rights every five years.
  • After 12 months as a Subclass 100 visa holder, you may apply for Australian citizenship, which provides advantages like access to consular services, visa-free travel to over 100 countries, and the ability to hold an Australian passport.

Choosing Australian Migration Lawyers

By selecting Australian Migration Lawyers, you benefit from:

  • A team of experienced lawyers specializing in migration legislation and case law.
  • High success rates, including complex cases.
  • Expert preparation to ensure your application complies with all legislative requirements.
  • End-to-end support, including addressing requests from the Department of Home Affairs.

Costs Involved

  1. Australian Migration Lawyers Fees

    • Fees are determined on a case-by-case basis and provided after your initial consultation. Flexible payment plans are available.

  2. Department of Home Affairs Fees

    • The current fee for the Subclass 309/100 Partner Visa application is AUD $8,850, payable in full upon submission. Accepted payment methods include debit/credit card, PayPal, UnionPay, and BPAY.

Visa Application Process

  1. Consultation and Engagement

    • Schedule a consultation with one of our lawyers (available in-person, via Zoom, or by phone). Following this, you’ll receive paperwork confirming our engagement to represent you.

  2. Preparation and Support

    • We draft submissions tailored to your circumstances, supported by evidence where required.

  3. Submission and Communication

    • Your application is submitted to the Department of Home Affairs, and we provide regular updates on its progress.

  4. Representation and Outcome

    • We keep you informed about your application outcome. If unsuccessful, we’ll explore options for reapplication.

Processing Times

The processing time for a Subclass 309 visa ranges from 5 to 96 months, depending on the complexity of your application, the evidence provided, and the Department of Home Affairs’ workload. By working with Australian Migration Lawyers, we ensure your application is of the highest standard to minimize delays.

Considerations

While no one can guarantee visa approval, our experienced legal team specializes in Australian migration law and is committed to submitting a strong application on your behalf.

Our services include:

  • Free initial consultations for most cases, with fixed rates for future services agreed upon upfront.
  • Flexible consultation options, either in-person or online, tailored to your location and preference.
  • Assistance at any stage of the Subclass 309/100 visa application process.

Let Australian Migration Lawyers simplify the process and help you achieve a successful outcome.

How OZ Study and Visa Centre Can Assist You

At OZ Study and Visa Centre, we understand that applying for a Partner Visa (Subclass 309/100) can be a complex and time-consuming process. Our team is dedicated to simplifying the journey for you by offering tailored support and expert guidance every step of the way.

Here’s how we can help:

1. Comprehensive Consultation

  • We provide an initial consultation to assess your eligibility and understand your specific circumstances.
  • Whether you’re applying for the Subclass 309 visa offshore or transitioning to the Subclass 100 visa, we’ll outline the requirements and process in clear terms.

2. Personalized Application Preparation

  • Our experienced migration consultants will work with you to gather the necessary evidence and documentation, including proof of your genuine and ongoing relationship.
  • We assist in drafting compelling submissions that strengthen your application.

3. Expert Guidance on Complex Cases

  • If your application involves unique challenges or circumstances, our team is equipped to handle complex cases with care and expertise.
  • We ensure your application meets all legal and regulatory requirements to improve the likelihood of success.

4. End-to-End Support

  • From preparing your application to submitting it to the Department of Home Affairs, we manage the entire process on your behalf.
  • We provide regular updates on your application status and respond promptly to any additional requests or questions from the Department.

5. Affordable and Transparent Pricing

  • We offer competitive pricing with flexible payment options. All fees are discussed upfront during your consultation, ensuring complete transparency.

6. Ongoing Support and Resources

  • Our team stays updated on changes in Australian migration law to provide you with accurate advice.
  • We’re available to address any questions or concerns you have throughout the process.

At OZ Study and Visa Centre, we pride ourselves on delivering personalized, professional services to help you achieve your goal of living in Australia with your partner. Let us be your trusted partner in making this dream a reality!

To learn more or book a consultation, contact us today:

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