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A 309/100 Partner visa enables you to apply outside of Australia (offshore) to then move to Australia to be with your partner; however, navigating the application process can be tough and overwhelming. At Australian Migration Lawyers, we provide assistance that can help make the process as streamlined and stress-free as possible to obtain a partner visa.
For those in a long-term relationship with an Australian citizen or an eligible New Zealand citizen, the transition from a prospective marriage visa to a permanent partner visa can open doors to living permanently in the country under Australian law. A permanent partner visa also grants access to healthcare, work rights, and the stability of remaining indefinitely. If you’re holding a prospective marriage visa, we guide you in demonstrating the genuineness of your de facto relationship, ensuring a smooth shift to a permanent partner visa under Australian law.
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Tell us about your situation, and we will get back to you shortly. Please note that all free consultations are 30 minutes.
Tell us about your situation, and we will get back to you shortly. Please note that all free consultations are 30 minutes.
There are no hidden costs for our services. Our fees are clearly set out in a fee agreement.
From the first same-day response to the granting of your visa, you’ll have direct access to a lawyer.
Our experienced lawyers will give you regular updates and clear explanations of visa pathways.
We offer a client satisfaction guarantee in relation to our visa application services.
3 - 6 months installment options available on some visa types.
The Partner visa subclass 309/100 allows individuals in a de facto relationship or married to an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia. The visa is granted in two stages: the subclass 309 (temporary) visa and the subclass 100 (permanent) visa. The application process can be complex, but it is designed to help those in a de facto relationship live together in the country under Australian law.
The first stage is the temporary partner visa subclass 309. To be eligible for this visa, the applicant must provide substantial evidence of their genuine de facto relationship or marriage. This includes documentation such as joint financial records, shared responsibilities, and cohabitation details. Under Australian law, meeting the character requirements is also necessary, which includes passing police checks from both the applicant’s home country and any other countries they have lived in.
The second stage is the permanent partner visa subclass 100. After two years on the subclass 309 visa, the applicant can apply for the subclass 100 visa, which grants permanent residency in Australia. As a citizen Australian permanent resident, the applicant gains access to full social services, healthcare, and other benefits. The applicant for a permanent partner visa 100 may also apply for Australian citizenship after meeting the residency requirements.
The subclass 309/100 Partner visa offers a clear pathway for those in a de facto relationship to live together in Australia and start their life as permanent Australian citizens.
Australian migration law requires certain conditions to be met under Australian law before you can apply for a subclass 309/100 Partner visa. These requirements include:
Same-sex partners are eligible to apply for this visa.
The main benefit of this permanent relationship status or Partner visa is that it enables you and your sponsoring Australian partner to live together and continue building a life in Australia without the uncertainties associated with temporary visa status. To promote stability, the Partner visa programme provides a range of benefits you can access even before becoming a permanent resident or eligible.
To support your 309 Partner visa application, the Australian government requires substantial evidence demonstrating the authenticity of your de facto relationship. To improve the chance of your visa being granted, we’ve prepared a document checklist that includes everything you’ll need to supply with your next valid visa application. This checklist ensures that you meet the necessary requirements for both your temporary visa and eventual transition to a permanent partner visa.
If you’re in a de facto relationship with a resident or eligible New Zealand citizen, we can guide you through the specific documentation needed. Once granted a permanent partner visa, you can stay in Australia permanently and enjoy full resident rights.
The offshore Partner visa application is split into two stages – the provisional first stage (subclass 309) and the second stage (subclass 100).
You must supply significant evidence to establish the genuine and ongoing nature of your de facto relationship. Personal records such as identity and character documents are also required. If your visa is granted, the temporary visa (subclass 309) will authorise your entry to Australia, where you can stay for two years without restrictions before becoming eligible to apply for the permanent partner visa (subclass 100).
After two years on the subclass 309 visa, you can apply for the subclass 100 visa. This application process requires you to provide evidence that your de facto relationship is still ongoing.
If you and your partner are in a long-term relationship spanning multiple years, you and partner may be eligible for a double grant of the 309/100 visa. If you meet the criteria, we can help you prepare this request.
Australian Migration Lawyers can help you prepare a comprehensive application to give you the best chance of success in securing both a temporary visa and a permanent visa. Whether you are in a de facto relationship or with an already resident or eligible New Zealand citizen, we’ll guide you through each stage of the process to help you live in Australia permanently.
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Once the subclass 100 visa is granted, you become an Australian permanent resident, with access to a range of benefits and visa conditions, including the flexibility to travel in and out of Australia permanently for up to five years. To continue travelling internationally after that period, you’ll need to apply for a Resident Return Visa (subclass 155) and renew it every five years thereafter. Our migration lawyers can assist you with submissions for the Resident Return Visa (subclass 155) and make the process as straightforward as possible.
After 12 months on the subclass 100 visa, you have the option to get a temporary partner visa or apply for Australian citizenship if you wish to do so. Although it’s not mandatory, becoming an Australian citizen provides a number of benefits, including overseas support, consular services, and the ability to travel to over 100 countries on your Australian passport, visa-free. Let us help you apply overseas and make your temporary partner visa application charge process as smooth as possible.
While on your temporary visa, it’s important to stay mindful of visa conditions. If you don’t meet the conditions, you could face consequences, such as total or partial loss of your temporary visa. At your own expense, we will guide you through everything to avoid such risks and ensure a smooth transition to your permanent resident or eligible status. For those in a de facto relationship, it’s crucial to keep documentation updated to meet the Australian government’s requirements.
With the right assistance, applying for your temporary partner visa or permanent visa can be straightforward. Our team is here to help you make money transfers or manage your migration process with expert support.
At Australian Migration Lawyers, we’re committed to giving people access to justice, and we fulfil this goal by representing individuals who entrust us with their temporary partner visa process.
The subclass 309 temporary partner visa or 100 visa includes two main costs.
We operate on a fixed-fee case-by-case basis and will provide a quote after your initial consultation with one of our qualified lawyers when we review the complexity of your application. We also offer payment plans for your convenience.
The current fee for 309/100 Partner visa applications is AUD $9095. The full amount must be paid upfront when you lodge your first temporary partner visa charge (no split payments allowed). You can pay via debit/credit card, PayPal, UnionPay, or BPAY.
Applying for a visa to Australia can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you apply for the right visa.
Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
We will prepare written submissions in support of your visa application. This will be based on your individual circumstances, and supported by evidence where appropriate.
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.
We will keep you informed about your application, and notify you of the outcome. If you receive an unfavourable outcome and we can reapply, we will!
It can take anywhere from five (5) months to ninety-six (96) months for the government to process your subclass partner visa 309. This varies depending on the complexity of your permanent humanitarian visa application, how satisfied the department is with the evidence supplied, and the department’s backlog. When you choose Australian Migration Lawyers to assist with your first permanent visa application, we’ll ensure it’s submitted to the highest standard to reduce the chance of delays.
At Australian Migration Lawyers, our qualified legal team is highly experienced in Australian migration law, having undergone extensive training in order to practice in this specific area.
There is no way to guarantee that your visa will be granted, as this decision is made exclusively by the Department of Home Affairs, not any representative, lawyer, or migration agent. However, with our legal experience, we can confidently put forward the best possible application to seek a successful outcome.
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We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
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Read our most commonly asked questions about the subclass partner visa 309 and 100.
Yes, you can add your dependent child (under 18 years old) to your permanent subclass 100 visa application. During the interim period, your child or dependent children must have a Dependent Child visa, allowing them to stay with you in Australia until you are ready to proceed with the subclass 100 permanent visa application.
If you require assistance with your child's visa application process, book a time with an Australian Migration Lawyer to guide you through the process.
You can stay, live, and work in Australia on the temporary subclass 309 partner visa while awaiting the outcome of your subclass 100 partner visa application. During this period, as long as you comply with all other visa conditions, you can lawfully live permanently here in Australia.
Yes, as long as you hold another substantive visa that allows you to enter Australia—for example, a Visitor visa or a Temporary Work visa—and you can stay in Australia for the duration of that visa or any other subsequent visas you apply for. Simply applying for the subclass 309 visa is granted but does not entitle you to enter Australia. Please note that your subclass 309 visa cannot be granted if you are onshore. Typically, if you are onshore, the Department of Home Affairs will write to you to request that you leave so that it can make a decision on your application.
Unfortunately not—the subclass 309 visa is only a temporary visa. However, after being on the subclass 309 visa for the required amount of time (usually two years), you can apply for the subclass 100 Partner visa, which, once accepted, will grant you a permanent residency visa.
In the event that your relationship ends during the application period, there are certain special circumstances, under which you may still be eligible for the subclass 100 visa:
If one or more of the above applies to you, please reach out to our legal team who will be able to offer guidance on the next steps.
Subclass 309 visa holders can access Medicare in Australia, while subclass 100 visa holders can enjoy full Medicare access. Once you receive the 309/100 grant, we recommend contacting Medicare to verify your eligibility. Additionally, our team is here to provide information and support as needed.
Perry Q Wood is the Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.
Tell us about your situation, and we will get back to you shortly. Please note that all free consultations are 30 minutes.
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