Partner visa 309 and 100.- Partner visa offshore
Partner Visa offshore 309-100
Offshore Partner Visa
Partner visa offshore 309-100
The Partner Visa (Subclass 309 and 100) is a dual application visa. It is a visa meant for the applicants residing out of Australia.
Partner Visa Offshore (Subclasses 309 and 100)
Other names for this Visa are:
a) Spouse Visa
b) De Facto Visa
c) Marriage Visa
If an applicant applies for a partner visa, his application is for two connected visas. Usually, the applicant gets the subclass 309, i.e. the provisional Visa, first. After this, there is a waiting period for two-years imposed. Post that, the applicant can apply for Subclass 100 (permanent Visa).
Main Applicant
If you are a primary applicant for the visa, you must:
a) Comply with all the laws of Australia
b) Meet all the applicable criteria for eligibility of the visa, from the time you get a temporary visa to the time a permanent visa is finalised, i.e. usually two years. You must notify the office handling your application, in case:
· There is a change in address
· There is a change in circumstances
· There is a change in relationship with your partner
Sponsor
If you are the sponsor of the applicant, you will have to sign a sponsorship undertaking. Once this sponsorship undertaking is signed, you are obligated for a few things while your partner is in Australia on the visa. Some such obligations include:
1. Responsibility to all the financial obligations of your partner towards the Government of Australia during their stay in Australia.
2. Agreement to provide adequate financial assistance and accommodation as required to cater to the living needs of your partner. This should cover their two years of stay in Australia.
3. Financial or other support like childcare, which should let your partner attend English classes if required.
4. Advice and information (regarding employment opportunities in Australia) to help your partner settle in Australia permanently.
Inform the department immediately if the relationship with your partner changes. Do it before the application is finalised.
Be of good character
Partner Visa 309
Partner Visa Subclass 309 allows:
1. the spouse, or the partner of Australian permanent resident, or
2. an Australian citizen, or
3. a permanent or an eligible New Zealand citizen
to live in Australia temporarily. It is also an initial step for applicants who desire a permanent Partner visa (subclass 100).
With this visa, you can:
1. Stay in Australia
2. Work in Australia
3. Study in Australia, without any government support
4. Travel either to Australia or from Australia, as many times, as you like
5. Attend a free English language class of up to 510 hours offered by the Adult Migrant English Program
6. Be a part of the public health care scheme (Medicare) of Australia
How long you can stay?
After the grant of visa, you can stay in Australia until there is a decision on your permanent visa (Subclass 100). Usually, the length of the stay is from 15 months to 24 months. However, in certain cases, you’ll not have to stay on Subclass 309 at all. In such situations, you’ll be given the permanent visa 100 immediately after the grant of the Subclass 309 Visa.
Include family unit members
You can also include dependent family unit members in your application under the family unit of the Subclass 309 Visa at the time of applying. However, for the dependent child, the request can be made even after the application is filed. However, it should be before the grant of the temporary visa.
Family Members who apply with you should:
a) Be of good character
b) Be in good health
c) Be outside Australia
Partner Visa 100
Partner Visa Subclass 100 allows:
1. the spouse, or the partner of Australian permanent resident, or
2. an Australian citizen, or
3. a permanent or an eligible New Zealand citizen, to live in Australia permanently. It is granted to people who already have a temporary Partner visa (subclass 309).
With this visa, you can:
a) Stay in Australia indefinitely
b) Work in Australia
c) Study in Australia
d) Travel either to Australia or from Australia for 5 years
e) Attend a free English language class of up to 510 hours offered by the Adult Migrant English Program
f) Be a part of the public health care scheme (Medicare) of Australia
g) Be eligible for Australian citizenship
h) Sponsor your relatives for a visit to Australia
Travel either to Australia or from Australia for 5 years
From the date of the grant of the visa, you are eligible to travel to or from Australia, as many times as you like for 5 years. It is however allowed, as long as your visa is valid.
When you wish to travel after the expiry of the 5 years:
a) You will have to apply for a Resident Return Visa (RRV) that allows you to re-enter Australia as a permanent resident.
b) You can also become a citizen of Australia. When you are a citizen, you’ll not need a visa to come to Australia.
How long can you stay?
Partner Visa Subclass 100 is a permanent visa that lets you be in Australia indefinitely. You are a permanent resident of Australia, on the day the visa is granted.
The PR of the applicant starts on the day:
a) The visa is granted or
b) You enter Australia if you stayed outside Australia
Include family
Family members can also be included in your application under the family unit of the Subclass 100 Visa. You have to include them at the time of application. However, for the dependent child without a subclass 309 visa, a request can be made before the decision on the permanent visa is made.
Family Members who apply with you should:
a) Be of good character
b) Be in good health
c) Be outside Australia
Partner Visa 309 to 100 (temporary to permanent)
Getting a Permanent Visa Subclass 100 is a dual-stage process. To get this visa, you first have to get a temporary visa subclass 309. You’ll apply for both the visas simultaneously, but only one fee. When you are given the temporary partner visa 309, you are eligible for the permanent Partner visa subclass 100. It happens after the expiry of the initial two years from the date of lodging of the application. However, you must submit a set of fresh documents for further assessment. When you are already in a long-term relationship before you lodge your application, the permanent visa will be granted right after the expiry of the temporary visa.
Difference between 309 and 100 partner Visa
Now, let us take a look at a few points of differences between the 309 visa and the 100 subclass visa.
a) Firstly 309 is a provisional visa that lets you stay in Australia temporarily. On the other hand, subclass 100 is a permanent visa which lets you stay in Australia permanently.
b) Second, the 309 Visa is your first step you getting the Visa Subclass 100. So, you cannot get a subclass 100 visa without getting the subclass 309 visa.
c) Third, to apply for the partner visa subclass 309, you must be outside Australia. On the other hand, you can be either in or outside Australia while applying for the subclass 100 Visa.
d) The cost of the Visa 309 starts from AUD 7,715. In the case of Visa 100, you don’t have to pay any additional cost as the cost is already borne at the time of application of the Visa 309.
e) Processing time for 75% of applications of Visa 309 is 17 months and of Visa 100 is 19 months. On the other hand, the processing time for 90% of applications of Visa 309 is 21 months and of Visa 100 is 28 months.
