Complete information about Australian Spouse / Partner Visas Subclasses 309 and 100

 Spouse / Partner Visa Subclasses 309/100 - An introduction 

 

Getting Partner (migrant) visa subclass 100, is further divided into two steps. To be eligible to apply and get Partner (migrant) visa subclass 100 you first need to get the temporary (provisional) visa (subclass 309). You have to apply for both the visas at the same time but you have to pay the visa fee for only one visa. Getting temporary (provisional) visa (subclass 309) means that you are now eligible to be assessed for permanent partner visa 100 (two years after the lodgement of your visa application). You will need to provide further documents for this assessment.


 Eligibility for Spouse Visa Subclasses 309 and 100 

Age

To declare yourself to be married or in de facto situation, you need to be at least 18 years old. This is a requirement under Australian law.

Your Relationship

To be considered for the above referred visa classes, you must either be the spouse or de facto partner of either an Australian citizen or a permanent resident of Australia, though you may still be eligible if your relationship breaks down after you lodge your application.

 

Sponsor

Your Australian Partner / Spouse (who is at least 18 years old) will be your sponsor for this visa, meeting the following criteria for being a sponsor:

  • He / she must be an Australian citizen or a permanent resident of Australia

  • He / she must be 18 years old

  • Your sponsor must not have a relevant offence or a significant criminal record.

  • If your Australia spouse is under 18 , your spouse’s parent or guardian may be able to sponsor you if they are an Australian citizen or Australian permanent resident.

Character

You must of good character. Click here to see the character requirements.

Health

You must meet the health requirements


Cancelled visas

You might not be able to apply for this visa if you have had a visa cancelled or refused while you were in Australia.

Eligibility criteria for the permanent Partner visa (subclass 100)

You must:

  • ​be holding temporary Partner visa (subclass 309) temporary Partner visa (subclass 309)

  • be still in the de facto partnership / in marriage with your partner / spouse

  • have not broken any Australian law while you were on temporary Partner visa (subclass 309)

Location

  • At the time of the lodgment of your visa application for temporary Partner visa (subclass 309), and when a decision is made on it.

  • If are outside Australia but not married yet, you should apply for a Prospective Marriage visa (subclass 300)

 Applying for the Visa Subclasses 309 and 100 

Follow the following steps to apply for this visa:

 1.   Arrange Your Required Documents

You will need three types of the documents:

A. Your personal Documents

i. Identity documents

One of the following:

  • Either a birth certificate showing the names of both parents:

  • Or the identification pages of a family book showing the names of the parents

  • Or the identification pages of an identification document issued by the government of your country

  • Or the identification pages of a court-issued document proving your identity

  • Or the identification pages of a family register document.

ii. Documents about your relationship with your partner

  • Two of Forms 888, including a  Statutory declaration by a supporting witness in relation to a Partner or a Spouse visa application.

  • Proof that your relationship is genuine and still continuing

  • If you are married, your marriage certificate is required

  • If you are in a de facto relationship, you need to submit documents that prove this relationship

iii. Documents about other relationships

If previously you were married, divorced, widowed or separated (permanently), you need to provide the supporting documents in this regard like marriage certificate, death certificate, divorced documents etc.

iv. Health documentsIt the responsibility of your (recommended) doctor to send your heath checks up documents to the concerned authorities. You don’t have to do anything about it.

v. Character documents

  • ​You need to submit completed form 80

  • Provide a Police Character Certificate

  • In case you have served in armed forces, please present your discharge record

B. Your Sponsor's (Spouse) documents

i. Application
You Sponsor can lodge the sponsorship form online after you have lodged your visa application and received your Transaction Reference Number (TRN) or application ID.

You can lodge the form using your partner's ImmiAccount or your own ImmiAccount.

ii. Identity documents

  • Proof that your sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

  • If your sponsor is an Australian permanent resident or eligible New Zealand citizen, proof they usually live in Australia

iii.Character documents

  • Police certificates

  • If you served in the armed forces of any country, military service records or discharge papers.

C. Documents of Dependents under 18 years

 

  1. For each dependent under 18 who is applying for this visa with you, provide:

  • His / her ID documents

  • Documents to establish your relationship

  • If your child is under 18 and someone else (beside you) also has right to make decisions about your child (like your spouse), documentary proof of the consent of that person for your child’s visa

  • Character documents (if applicable)

  • For dependents of 16 or 17 years old, you need to submit Form 80

  • Adoption papers, if applicable

  • If the dependent is 16 or 17 years of age, police certificates, if applicable

D. Documents of Dependents over 18 years

 

For each dependent who is applying for this visa with you, provide:

  • His / her ID documents

  • Documents to establish your relationship

  • Character documents

  • Form 47a

  • Adoption papers, if applicable

  • Proof that the dependent has been dependent upon you (financially) for the past 12 months

 

General Requirement about Documents

  • All documents not in English, must be translated into English.

  • If using an Australian translator, make sure he/she is accredited by the National Accreditation Authority

  • If using a translator outside Australia, the complete contact details, qualifications and experience of the translator must accompany the translations.

  • Scan all the documents (original and translations) in colour in good scanning quality, to attach to the visa application.

  • Original document need not be certified

  • Send (or attach) one document ONLY once, even if you have to refer to it at more than one places. 

 2.   Apply for the visa online

Apply using our online system ImmiAccount. You can log out of ImmiAccount at any time and continue your application later. If you don’t have an ImmiAccount, you need to create one.

 3.   Lodge the sponsorship form online

You can lodge your sponsorship form online after your partner has lodged his / her visa application and given you their Transaction Reference Number or his / her application ID.

You can lodge the form using your partner’s ImmiAccount or your own ImmiAccount. The choice is yours.

If you or your partner has an ImmiAccount, log in to start your application.

 

 4.   While waiting for a decision on the temporary visa subclass 309:

  • Get biometrics done

  • Get health checks done

  • If you could not include all required documents when you applied, attach them to your ImmiAccount as soon as you can

  • add dependent children to your visa application (if you did not do it before and want to do it now) before they make a decision on your visa.

  • For adding additional applicants to your visa application (after you have lodged it) complete & attach Form 1436 to your ImmiAccount

  • If the relationship with your partner is not continued, you need to inform the concerned authorities and you might still be eligible for a temporary visa.

Tell them of changes
You need to tell them if:

  • ​Your circumstances have changed, like change of address, phone number or birth of a child etc.

  • You think that you may have made a mistake on your visa application

  • You think there is some additional information you need to add to your application 

  • OR you may want to withdraw your application.

 Visa Details 

What you can do on Spouse / Partner Visa Subclass 309

On temporary Partner visa (subclass 309) you:

  • Can stay in Australia until a decision is made on your permanent Partner visa (subclass 100)

  • Can work in Australia

  • Can study in Australia (no government support)

  • Can travel outside Australia as many times as you want

  • Can study up to 510 hours of free English language tuition provided by the Adult Migrant English Program

  • Can enroll in Medicare - Australia’s national health scheme.

What you can do on Spouse / Partner Visa Subclass 100

On permanent Partner visa (subclass 100) you:

  • ​Can stay in Australia indefinitely

  • Can work / study in Australia

  • Can enroll yourself in Medicare - Australia’s health care scheme

  • Can receive some social security payments. 

  • Can also sponsor your eligible relatives for permanent residence

  • Can travel outside Australia as many times as you like for five years from the date the visa is granted, though you will then need a Resident Return visa to re-enter Australia

  • Can apply for Australian citizenship, when you have become eligible

Cost

From AUD 7000 (for the main applicant only).

You might have to pay additional costs.
Use the visa pricing estimator is an online tool that calculates the total cost of your visa.

There is no fee for the sponsor.

 

How long the visa processing takes

Depending upon how well-prepared your application was and from which country you are applying, the visa processing for subclass 309 can take from 11 to 15 months, whereas  subclass 100 can take from 20 to 28 months.


How long the visa lasts

The Partner visa (subclass 309) is a temporary visa. It lasts from the date it is granted until a decision is made on your permanent Partner visa (subclass 100).

 

Travel

You can travel outside Australia as many times as you want on the temporary Partner visa (subclass 309).

 

 Visa Tips 

  1. It is a good idea, in case you have not married your intended Australian partner yet, to apply for the Australian visa subclass 300 subclass 309 (if you are outside Australian and not married yet).

  2.  Make sure your sponsor (Australian partner) meets all the sponsor requirements for this visa, before you apply for the visa.

  3. Try to use the services of a professional immigration consultant before applying for any step of the visa process. This is because if you make a big mistake in your application, no one can help you after you have lodged this application.

  4. Always get an assessment of your case for a certain visa class even before making any decision.

  5. Australian government keeps on suspending different visa sub classes for certain period of time from time to time. Make sure that your selected visa sub class is still open.