The Subclass 309 and 100 visas allow you to enter or stay in Australia on the basis of your married or defacto relationship with your partner. These visas must be applied for whilst you are outside Australia and you must be outside Australia when the Subclass 309 visa is granted. You can be in or outside Australia when your Subclass 100 (Permanent) visa is granted.
Both opposite sex and same sex couples may apply for a partner visa under this program.
The main eligibility criteria are:
- You must be sponsored by an eligible Sponsor who is an Australian Citizen, or an Australian Permanent Resident, or an eligible New Zealand Citizen
- If you are married, your marriage must be valid under Australian Law
- Defacto couples and same sex couples may be able to apply for this visa if they have been living together for at least 12 months
- Your partner and all dependent family members must meet certain health requirements and undergo immigration medical examinations
- Your partner and all dependent family members aged 16 and over must meet the Department of Immigration Character Requirements.
If you meet all the legal criteria you may be granted a temporary partner visa (Subclass 309), which remains valid until a decision is made on your permanent (Subclass 100) visa – which in most circumstances will be a minimum of two years after the date of application for your 820 visa. However, in certain circumstances, you may be granted a permanent visa (Subclass 100) straight away.
This is only a brief overview of the program and there are many matters to be taken into consideration. Our team of qualified migration professionals has helped many people migrate to Australia under this program and we can help you to understand if this pathway is right for you.
Try our Partner Visa Eligibility Check
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