The Partner (Provisional and Migrant visa) (subclass 309 and 100) permits individuals to reside in Australia if they are the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. The provisional 309 visa serves as a temporary visa, whereas the migrant 100 visa is a permanent option. Initially, the temporary provisional 309 visa is issued, enabling the applicant to remain in Australia for two years and apply for the migrant 100 visa during that period.
Partner Visa (Subclasses 309 and 100) application is processed in two stages. Partner Visa (Subclasses 309) is the temporary visa. You must be outside Australia when you apply for this visa. Family who apply with you must also be outside Australia. First you will be granted subclass 309 visa and you need to apply for subclass 100(Permanent Partner Visa) separately.
You must be located outside of Australia when submitting your visa application. Any family members applying with you must also be outside of Australia.
It is required that you and all individuals applying for the visa alongside you have a sponsor when you submit your application and while you hold this visa. Typically, your sponsor is your partner.
Applicants who are either married or in de facto partnerships must be 18 years of age or older at the time of application.
Fulfil health and character requirements.
Ensure there are no debts to the Australian government.
You must possess a temporary Partner visa (subclass 309).
You must maintain your marriage or de facto relationship unless there are exceptional circumstances.
You must have adhered to all Australian laws while on your temporary visa.
You may not be eligible to sponsor someone if you currently hold or have previously held certain types of visas, and specific situations apply to you.
If you have previously sponsored someone for a Partner visa or Prospective Marriage visa, your sponsorship and partner's visa application may be refused if this is your third occasion sponsoring someone for a Partner visa or Prospective Marriage visa, you have sponsored another partner within the past 5 years, or you were sponsored as a partner within the last 5 years.
You may still be able to sponsor someone for this visa if your previous partner has died or ended the relationship, you have young children, you have been in a relationship with your partner for more than 2 years, or you (or your partner) have dependent children.
Holders of contributory parent visas may have their sponsorship and their partner's visa application denied if your partner was your spouse or de facto partner prior to the approval of that visa granted to you, and it has been under 5 years since that visa was granted to you.
Holders of the Woman at Risk visa: Your application for sponsorship and your partner's visa could be denied if you received a subclass 204 visa within the past five years before your partner applied, and at the time you were granted that visa, you were either divorced from the applicant or permanently separated from them, or if the applicant was your spouse or de facto partner and you failed to disclose this at that time.
You are required to sponsor your partner along with any family members specified in their application. As a sponsor, you are obligated to provide financial support and accommodation assistance to your partner and their family members.
Take the next step and contact Kirti Migration Services at +61280807500 or +61450630000 for expert help in obtaining a partner visa. Our dedicated team is here to support you and your partner through every stage of the visa process.
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