Partner visa 309/100 ( applied outside of Australia)

This visa type is a two-stage process. The first stage is the 309 visa, which is a temporary partner visa. About 2 years after applying for this visa, and provided that the 309 visa has been granted, you will be eligible to apply for the second stage, which is the 100 visa – a permanent partner visa. If your relationship with your sponsor is still ongoing, you will be granted the Australian Partner Visa 100, which is a permanent residence visa.

Rights upon obtaining the visa:

• If granted the partner visa, you can live in Australia with your partner.
• You have the right to enter and leave Australia as many times as you wish before the visa expires.
• You can work and study in Australia.
• You are eligible for free Medicare health insurance.

General conditions:

• You must apply for this visa type while you are outside of Australia.
• You and your partner must be legal spouses or in a de facto relationship registered for a minimum of 12 months before applying for the visa.
• If you are in a de facto relationship, you must provide sufficient evidence of the relationship's existence for at least 12 months, except for special cases (contact NAVIA for more information).
• You must be able to prove that:
• Your relationship with your partner is genuine and continuing.
• You and your partner live together, or if separated, only temporarily.
• You meet the health requirements and are free of serious illnesses.
• You meet the legal requirements and have not committed any serious crimes.

Conditions regarding the sponsor:

• The sponsor must be an Australian citizen or Australian permanent resident or a New Zealand citizen who meets the required criteria and wants to sponsor you under a partner or marriage visa to settle in Australia.
• The sponsor must be 18 years of age or older.
• The sponsor must meet the legal requirements and have not committed any serious crimes, including violent crimes, crimes against women or children, or sexual offenses.

The sponsor may not be able to sponsor their partner if:

• They have previously sponsored two other partners for migration to Australia (including cases where previous sponsorship applications have been withdrawn, and their former partner still holds permanent residency).
• They have sponsored another partner within the last five years.
• The sponsor has previously been sponsored as a partner or spouse within the last 5 years.

If you have previously sponsored or been sponsored, you may still be eligible to sponsor your spouse or partner in some special cases, for example:

• If your previous spouse or partner passed away or abandoned you and left behind a dependent child
• If your current relationship with your spouse or partner is long-term (3 years or more)
• If you and your spouse or partner have dependent children

At NAVIA, we have experience in supporting you in all matters related to Australian marriage/fiancé visa applications.

To schedule a consultation, click on the "Contact" link below to make an appointment. NAVIA offers a free initial consultation.