Subclass 309 & Subclass 100 – Partner (Provisional) Visa

Subclass 309 & Subclass 100 visa

The Subclass 309 and Subclass 100 visas are part of Australia’s Partner visa program. They allow individuals who are in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. Here’s a breakdown of each:

Subclass 309 – Partner (Provisional) Visa

Purpose:

• The Subclass 309 visa is a temporary visa that allows you to live in Australia while your application for a permanent Partner visa (Subclass 100) is being processed.

Eligibility:

• Relationship

You must be in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.

• Living Together

You should be living together or in a de facto relationship with your partner.

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Key Features:

• Stay : Allows you to stay in Australia while your permanent Partner visa application is being processed.

• Work Rights :You can work and study in Australia.

• Travel : You may be able to travel in and out of Australia while holding this visa.

Application Process:

• Location : Apply from outside Australia.

• Documents : You need to provide evidence of your relationship, identity, and meet health and character requirements.

Purpose:

• The Subclass 100 visa is the permanent Partner visa that you can apply for after being granted the Subclass 309 visa. It allows you to stay in Australia permanently.

Pathway to Permanent Residency:

• After holding the Subclass 884 visa, you can apply for the Subclass 864 visa, which provides permanent residency. The Subclass 864 visa application can be submitted while you hold the Subclass 884 visa.

Eligibility:

• Continuing Relationship

You must continue to be in a genuine and ongoing relationship with your Australian partner.

• Timeframe

The Subclass 100 visa application is usually assessed around two years after you are granted the Subclass 309 visa.

Key Features:

• Stay : Grants permanent residency in Australia.

• Work Rights : Allows you to live, work, and study in Australia permanently.

• Travel : Permits travel in and out of Australia.

Application Process:

• Location : You will be assessed for the Subclass 100 visa while in Australia on the Subclass 309 visa.

• Documents : Continued evidence of your relationship and meeting health and character requirements.

Pathway:

• Subclass 309 Visa : Apply for and obtain this temporary visa first, which lets you live in Australia while your permanent visa application is processed.

• Subclass 100 Visa : After living in Australia for a specified period and continuing your relationship, you can transition to the permanent Subclass 100 visa.