Want To Live With Your Spouse? Make It Possible With Partner Visa 309

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Are you feeling lonely without your partner? Don’t worry, as you can live with him or her in Australia. You will only need a partner visa. There are typically two subclasses of partner visas, 309 and 100. The first one is a temporary provisional visa, while the second is permanent. You may feel confused thinking about which one to apply. This article will give you the necessary information regarding the visa application in detail.

What do the partner visas allow to do?

An individual who is the spouse or de facto partner of an Australian citizen or an Australian permanent resident, or an eligible New Zealand citizen is allowed to live in Australia with a partner visa. Partner visa subclass 309 is a temporary provisional visa that will allow you to live with your spouse in Australia for two years and if you want to live there permanently. This visa is granted in the first stage, while the permanent partner visa 100 is given after the application is made within those two years. 

What are the different eligibility criteria for visa subclass 309?

 There are specific eligibility criteria that you must meet to obtain the partner visa 309. 

  1. Age criteria: If you are a married partner, your usual age should be higher than 18. Because only then will you comply with the Australian law for marriage. If you are a de facto partner, you should be aged at least 18 at the time of application.
  2. Relationship: You must be the spouse or a de facto partner of someone who had acquired Australian citizenship or Australian permanent residency, or even New Zealand citizenship. Even if your relationship ends after the lodgement of your application, you can still apply for the visa.
  3. Sponsorship: You must have a sponsor to carry all your expenses in Australia. This sponsor can be your partner, except that he or she is under 18 years of age. But, if your partner’s age is less than 18 years, then his/her parent or guardian can take charge of the sponsorship. But that person should be an Australian citizen or permanent resident, or a New Zealand citizen.
  4. Health requirements: There are specific health requirements stated by the Australian government, which you have to meet at the time of application. It would help if you went through necessary health examinations by doctors and health workers who have proper affiliations. You have to submit documents that will prove that you do not have any disease that can pose threats to public health.
  5. Character requirements: These requirements are generally needed for any visa application and include more-or-less same points. You have to submit a report of character examination. You may not get the visa if you have a significant criminal record like detention or engagement in any criminal organization. You have to submit a certificate of clearance given by the police department. A professional visa consultant Perth can help you provide the necessary information.
  6. Cleared debts: This is another typical requirement, where you have to clear any outstanding debt to the Australian government or at least arrange for repayment. 

 What are the eligibility requirements for visa subclass 100?

 The eligibility criteria for the permanent visa subclass 100 are quite the same as those for the visa subclass 309. In addition to that, you must:

  1. Hold a temporary partner visa (which is nothing but visa subclass 309) at the time of the application.
  2. Continue to be the partner or spouse unless your relationship has ended or there have been other circumstances.
  3. Have maintained all the Australian laws while living on visa 309.

Some important points regarding the application of 309 provisional visa 

Here are some crucial points that you should note while applying for the provisional visa 309.

  1. You can bring additional family members: If you have any children or stepchildren with your partner, they have full rights to apply for the visa. You will pay extra fee for their application.
  2. Bearing their costs: If you bring your children to Australia, then it’s your responsibility to handle all the costs and expenses for their health checks, biometrics, and police certificates. 
  3. Location: You must be outside Australia at the time of your application for the visa subclass 309, and subsequently, you must be outside at the time of decision. While for permanent visa subclass 100, you can be in or outside the country.
  4. Duration of visa: Visa subclass 309 lasts for at least 2 years. The term is calculated from the date when it is granted. The calculation is up to the date of the decision made on the permanent visa. The calculation Visa subclass 100 lasts for an indefinite time.
  5. Legal obligations: While you will be living with a temporary visa, you and your children should comply with Australian laws and your visa applications.
  6. Sponsor criteria: You cannot be your sponsor unless you have held certain other visas and other circumstances that apply to you. The sponsorship will end precisely two years after you first enter Australia on a temporary partner visa. Even if you are granted the permanent visa right after the temporary subclass 309, sponsorship will discontinue.
  7. The entire process: The whole process comprises two stages, where you will get the temporary visa at the first stage, and after its validity expires, you can get the permanent one. You may apply for both the visa at the same time and pay for just one. As already mentioned, you will submit further documents at the time of application for the permanent visa. If you have been in a long-term relationship with your partner, you will be granted a permanent visa immediately after the previous one expires.
  8. Processing time: For the temporary visa, 75% of the applications get done within 16 months, while 90% take almost 20 months. Processing time for the permanent visa is generally higher, 23 months for 75% of applications and 33 months for 90% of applications.

Ending note

For more guidance, you may seek help from consulting firms like Migration Agent Perth, who have a good number of migration consultants Perth, always ready to help you.