Partner Visa Subclass 309 / 100

Onshore Partner Visa

There are 2 types of onshore partner visas that can be applied for while the Applicant is living in Australia: temporary partner visa (Subclass 820) and permanent partner visa (Subclass 801).

A Subclass 820 visa allows the partner of an Australian citizen, Australian permanent resident of eligible New Zealand citizen live in Australia temporarily. Having this visa will later allow the holder to apply for a Subclass 80 visa to live permanently in Australia. This visa also allows the holder to remain in Australia until their application for Subclass 801 is being processed, so they can begin applying for Subclass 801 very soon after they are granted Subclass 820. This visa also allows the holder to travel to and from Australia as many times as they wish, work and study in Australia, receive free English language lessons and apply for access to Medicare benefits. The cost of applying for this visa can vary between $1350 and $8085. The processing times can vary between 4 months and 37 months.

The eligibility requirements for this visa include;

  • Not having a visa that was previously cancelled or refused
  • Being present in Australia when applying
  • Being at least 18 years of age
  • Not being a holder of a certain regional visa
  • Have a sponsor (usually their partner)
  • Meet the relationship requirements (spouse or de facto partner of an Australian citizen, Australian permanent resident or a New Zealand citizen)
  • Satisfy the health requirement
  • Satisfythe character requirement
  • Not be owing any debts to the Australian government

A subclass 801 visa allows a holder of a Subclass 820 visa to eventually be granted permanent residence in Australia. There are no additional costs for applying for this visa, as those costs would have already been paid when lodging the application for the Subclass 820 visa. The processing times for a Subclass 801 visa vary between 7 and 23 months. On top of the benefits Subclass 820 holders are already allowed, holders of the 801 visa can also sponsor other family members overseas who wish to be granted residence in Australia and also apply for Australian citizenship.

Eligibility requirements for this visa are as follows;

  • Being a holder of a Subclass 820 visa
  • Not owing any debt to the Australian government
  • Continue to meet and comply with the relationship requirements that apply for the Subclass 820 visa

Offshore Partner Visa

There are two types of partner visas that can be applied for offshore (outside Australia); the Partner (Provisional) Visa (Subclass 309) and the Partner (Migrant) visa (Subclass 100). The Subclass 309 visa allows the partner of an Australian citizen, Australia permanent resident or New Zealand citizen to live in Australia temporarily. This visa is also a step towards eventually being granted a Subclass 100 visa. Holders of the Subclass 309 visa will be able to apply for a Subclass 100 visa while they are waiting for it to be processed. The Subclass 100 visa will allow holders of the Subclass 309 visa to be able to live in Australia permanently. Holders of a Subclass 309 visa will also be able to live work and study in Australia while their Subclass 100 visa is being processed, travel to and from Australia as many times as they wish, take free English language lessons and apply for Medicare benefits. The cost of applying for a Subclass 309 visa is $8085. The processing times vary between 6 and 32 months.

The eligibility requirements for a Subclass 309 visa are as follows;

  • Not having a visa which was previously cancelled or refused
  • Being situated outside of Australia at the time of applying
  • Have a sponsor (usually their partner)
  • Be at east 18 years of age
  • Satisfy the relationship requirements (spouse or de facto partner of an Australian citizen, Australian permanent resident or a New Zealand citizen)
  • Satisfy the health requirements
  • Satisfy the character requirements
  • Have no debts owing to the Australian government

The Subclass 100 visa allows a holder of a Subclass 309 visa to be granted permanent residence in Australia. On top of the benefits they are already entitled to under the Subclass 309 visa, the Subclass 100 visa will also allow holders to sponsor other family members overseas who wish to be granted residence in Australia, as well as apply for Australian citizenship. Processing times for this visa range between 6 and 32 months. There are no additional costs for applying for this visa, as applicants would have already paid those costs when applying for the Subclass 309 visa.

The eligibility requirements for this visa include the following;

  • Be a holder of a Subclass 309 visa
  • Have no debts owing to the Australian government
  • Continue to meet and comply with the relationship requirements which apply to the Subclass 309 visa

Contact Enlight Legal & Migration to speak with our immigration experts for tailored advice that enlights your Australian permanent residency and citizenship journey.

Let us help you!

If you need helps, please feel free to contact us. We will get back to you with 1 business day. Or if in hurry, just call us now.

Call : +61 8 8260 8134

info@enlightlegal.com.au Mon – Fri 09:00-17:00

Firm’s Presentation