Australia Dependent PR visa (Sub class 309 & 100 visa)

Are you the spouse of an Australian PR holder or citizen? The Department of Home Affairs allows the Australian PR holder, citizen, or eligible New Zealand citizen to sponsor their partner under a 309/100 subclass partner visa.

Types of Australia Partner visa/De facto partner/Spouse visa

The present location of the partner/applicant determines which subclass visa to apply for.

  1. Outside Australia, apply for Subclass 309 and Subclass 100
  2. Inside Australia, apply for Subclass 820 and Subclass 801
  3. What is a De Facto Relationship?

    A De Facto relationship is essentially a relationship between two individuals who live together and are not legally married or related by blood. The specifics of what qualifies as a De Facto relationship can vary, but generally it involves a couple living together on a genuine domestic basis.

    Eligibility requirements for the partner to apply for a Subclass 309 visa

    1. Must meet the age requirements and be over 18 years of age.
    2. The applicant must be a spouse or de facto partner of an Australian PR holder or citizen.
    3. The applicant and the sponsor must be officially married and be in a monogamous relationship.
    4. Must meet all the character requirements.
    5. Must meet all the medical requirements.
    6. Prove the genuineness of the relationship with the sponsor.

Eligibility for the sponsor to support a subclass 309 visa

  1. The sponsor must be either an Australian PR, a citizen, or an eligible New Zealand citizen.
  2. Must financially sponsor the dependents.
  3. The sponsor must be a spouse or de facto partner of the subclass 309 visa applicant.
  4. The sponsor must hold an Australian PR or citizenship or be an eligible NZ citizen.
  5. The sponsor and the applicant must be officially married and lead a monogamous relationship.
  6. Never applied for or received a Prospective Marriage Visa (subclass 300 visa) in the last five years.
  7. Be of good character.
  8. Prove the genuineness of the relationship with the applicant.

How can I apply for an Australia-partner PR visa from India or any other international country to Australia?

The sponsor in Australia must support his or her partner in applying for a dependent visa.

The application process for the Australia Partner Visa is done in two stages.

Stage 1: The Subclass 309 Visa is issued to the dependent, which allows the dependent to stay inside Australia lawfully for a tenure of 2 years. Subclass 309 is a multiple-entry visa. However, this is a temporary or provisional visa for the dependent.

Stage 2: The 309 visa expires in 2 years, upon which the applicant will now be eligible to apply for a subclass 100 visa, which allows them to stay inside Australia permanently. Holding a subclass 100 visa is officially declared as a Permanent Partner visa.

What is the difference between Subclass 309 and Subclass 100?

Subclass 309 and 100 are Australian Partner visa categories.

What is the duration I need to be in a relationship?

Generally, you are required to prove that you have resided with your partner or at the very least have not been living separately permanently for a period of 12 months. This rule applies to the majority of both permanent and provincial Australian visas. However, for temporary visas, you can apply for a short duration of cohabitation.

What are the benefits of a subclass 309 visa?

What is the processing time and cost for an Australia Partner Visa (Subclass 309/100 visa)?

What if We Have Been Apart for Some Time?

To demonstrate a de facto relationship, it is necessary to demonstrate that you reside together or at least do not permanently live separately. If you begin to cohabitate and then one partner temporarily relocated due to outside factors, it might still be feasible to submit a successful application.

Acceptable outside factors could include educational pursuits, occupational demands, or visa-related complications. It is crucial to evidence that you keep in close communication despite your separation.

What is the document checklist required to apply for a subclass 309 visa?

The Australian Partner Visa Documents Checklist is listed below:

Subclass 100 visa document checklist: (Apply after the Subclass 309 visa expires.)

  1. Additional proof of your relationship (having stayed with your partner for 24 months)
  2. Passport copy
  3. A police certificate from inside Australia
  4. Sponsor’s identity documents
  5. statutory declaration from the spouse
  6. Additional application forms

Step-by-step procedure to apply for a subclass 309 visa

  1. Be ready with the document checklist before applying for the visa.
  2. Be outside the country when you apply for this visa. In the case of being inside Australia, apply for subclass 820.
  3. Lodge a partner visa application form with the Australian Government.
  4. Complete the online application form and review it for errors.
  5. Pay the visa application fee and apply.
  6. Upload the documents.
  7. Request that your partner apply for Subclass 309 sponsorship.
  8. The DHA will take their time to process your application.
  9. After the estimated time, you will receive your visa decision.

How can GreenTree Immigration help you succeed in your subclass 309 visa application?

GreenTree Immigration can assist you in your subclass 309 visa application in multiple ways. Firstly, they can help you understand the complete process and guide you through all the requirements for this type of visa. They can help you gather and prepare all necessary documents, ensuring they are correctly completed and meet all requirements to avoid delays or rejections. Additionally, they have a team of Australian immigration experts who stay updated about any changes in immigration laws and policies, providing you with accurate and current advice. They can also represent you in communications with the immigration department, handle any issues that arise, and guide you through the appeals process if needed. Their expertise can save you time and effort and enhance your chances of a successful application.

Frequently Asked Questions (FAQ)

How much does it cost to apply for Partner visa in Australia?

Ans : The dependent visa Australia costs AUD $8850.

Who is eligible for a dependent visa in Australia? Who is eligible for a subclass 100 visa?

The visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to reside in Australia permanently. This is typically granted to those who already possess a temporary partner visa (subclass 309).

How long does it take to get a Subclass 100 visa after 309?

You can apply for a subclass 100 two years after being on the 309 visa.

What is the processing time for a 309 visa in Australia in 2024?

The spouse visa Australia processing time in 2024 is 12-15 months.

Who can be a sponsor for a 309 visa?

Your sponsor (partner) must be over 18 years of age and be an Australian citizen, permanent resident, or eligible New Zealand citizen.

What is the benefit of a 309 visa in Australia?

The major benefits of an Australia dependent visa (Subclass 309) are that the dependents can work, study, and stay in Australia, access free healthcare, and enroll in an adult migrant English program.

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