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Sub Class 309 and 100

Overview of the Partner Visa

Sub classes 309 and 100

The Partner Visa (offshore) is designed for individuals who are outside Australia but are in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. The visa is granted in two stages:

Subclass 309 (Temporary): This visa allows you to live in Australia temporarily while your permanent residency application (Subclass 100) is processed.

Subclass 100 (Permanent): This visa grants you permanent residency in Australia once the relationship and the temporary visa requirements are satisfied.

Eligibility Criteria for Subclass 309 and Subclass 100

To qualify for the Partner Visa (offshore) Subclasses 309 and 100, you must meet specific criteria related to your relationship with your partner, your character, and your health. These include:

1. Relationship Requirements

  • Genuine and Committed Relationship: You must demonstrate that your relationship is genuine, ongoing, and committed. This includes providing evidence of living together, sharing finances, and social acknowledgment of your relationship.
  • Partner Eligibility: Your partner must be an Australian citizen, permanent resident, or an eligible New Zealand citizen.

2. Health and Character Requirements

  • You must meet the healthand character requirements set by the Australian Government. This typically involves undergoing medical examinations and providing police clearances.
  • Police Checks: Applicants must provide police certificates from all countries where they have lived for more than 12 months in the past 10 years.

3. Age and Marital Status

  • Both you and your partner must be at least 18 years old.
  • If you were previously married or in a de facto relationship, you must provide evidence of the dissolution of the prior relationship.
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Key Benefits of Partner Visa (Offshore) Subclasses 309 and 100

The Partner Visa (offshore) offers several benefits for those who meet the eligibility criteria:

1. Reunification with Your Partner

  • The visa allows you to live with your Australian partner in Australia, ensuring family unity.

2. Temporary and Permanent Residency

  • Subclass 309 provides you with temporary residency, allowing you to live, work, and study in Australia. Once granted Subclass 100, you will obtain permanent residency status, which offers all the rights and privileges of an Australian citizen, except the right to vote.

3. Work and Study Rights

  • Both Subclasses 309 and 100 provide you the right to work and study in Australia. As a permanent resident, you can also access Medicare, Australia’s public health system.

4. Pathway to Australian Citizenship

  • After holding the Subclass 100 visa for a specified period and meeting other residency requirements, you may be eligible to apply for Australian citizenship.

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Processing Time for Partner Visa (Offshore) Subclasses 309 and 100

Processing times for the Partner Visa (offshore) Subclasses 309 and 100 can vary depending on several factors, including the complexity of the application, the quality of the supporting evidence, and the number of applications being processed. On average, the Subclass 309 visa may take approximately 12 to 15 months to process, while the Subclass 100 visa generally takes 24 to 28 months. It’s important to apply as early as possible and provide thorough documentation to help avoid delays.

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