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Partner Visa subclass 309/100

Permanent residency in Oz on the basis of a partner visa requires two steps that involve the Subclass 309 visa followed by the Subclass 100 visa. The Partner (Provisional and Migrant visa) (subclass 309 and 100) which allows those individuals to live in Australia who are a spouse or de facto partner of an either Australian citizen, permanent resident or eligible New Zealand citizen.

The provisional 309 visa is a temporary visa while the migrant 100 visa is a permanent. The temporary provisional 309 visa is granted first, which allows the applicant to stay in Australia for two years and apply for the migrant 100 visa within that duration.

You can apply for the Subclass 309 Visa if you are outside of Australia at the time of application and approval and apply for the Subclass 100 if you hold a Subclass 309 Visa, and you can be in or outside of Australia when you Subclass 100 Visa is applied for or granted.

Key Requirements of Subclass 309/100 Visa

Subcalss 864 Visa allows you to stay permanently in Australia if you are parent of Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.

For subclass 309, you must be either married or in a de facto relationship with any of the following:

  • A citizen of Australia.
  • A permanent resident of Australia.
  • An eligible New Zealand citizen.

For subclass 100-

  • If you already have been in a relationship for 3 years with your partner at the time of applying or not less than two years if there is a dependent child of your relationship.
  • Your sponsor or de facto partner dies, the relationship would have continued if they had not died, and you have developed close business, cultural or personal ties in Australia
  • The relationship breaks down and there is a child of the relationship.
  • The relationship breaks down due to family violence.


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