Extend your visitor visa Australia

partner visa

If you are outside Australia and a spouse or a de facto partner of an Australian citizen or Australian permanent resident or an eligible New Zealand citizen, you can apply for the Partner visas (Subclass 309 and 100) to move to Australia and live permanently.

Partner Visa (Subclass 309) is a provisional visa while Partner Visa (Subclass 100) is a permanent visa and they are sequential which means you will apply for these visas combinely. If you are granted a subclass 309 visa, you can come and stay temporarily in Australia until the decision of your permanent visa Subclass 100.

Criteria for applying for Partner visa

  • Applicant must provide valid and sufficient proofs to help their claim being valid.
  • The applicant should be outside Australia at the time of decision.
  • Applicant must be older than 18 years at the time of applying for this visa.
  • The applicant should meet all the health requirements.
  • Applicant must have a sponsor who is not banned from sponsoring you.

Australian 457 Independent Executive Visa holders currently in Australia can apply for a Business Visa extension called a Temporary Business Entry Visa. The Temporary Business Entry Visa which was developed in recognition that an emerging number of Independent Executive Visa holders in Australia were facing expiry of their visa, but were legitimately in business and required more time to be eligible to apply for permanent residence.Australia Visa

Rights of partner visa holders in Australia

With partner visa 309 or partner visa 100 you:

  • Have unlimited work rights,
  • Can study in Australia under the same rights as Australian citizens,
  • Enter and leave Australia as many times as you want during validity of a partner visa 309 or during the first 5 years since the partner visa 100 grant. After that, you will need Return resident visa if you are not an Australian citizen at that time,
  • Enrol into Australian public health system – Medicare,
  • Attend free English language classes for up to 510 hours.

You can also include your dependent family members in your partner visa application. Or, they can apply for a different visa option for Australia to join you. Though it is important to check if they meet the requirements first.

Processing time for partner visa

Processing time for offshore partner visa for Australia Processing time for Partner visa 309 is currently between 17-23 months, but there are really no rules. It depends on different factors – circumstances of individual cases, processing centre etc. These days an offshore partner visa for Australia can be approved within a couple of months to even two years, there is no consistency. While waiting, it often happens that the applicants are separated from sponsors. It depends to a great extent on their current life circumstances. In some cases the applicant can apply for a tourist visa for Australia. In this way the applicant can wait for an offshore partner visa for Australia with the sponsor and avoid separation. If that is the case, then the applicant must leave Australia to have the visa granted. This is the biggest disadvantage of applying for a partner visa outside Australia. Yet, for some couples, an offshore partner visa for Australia is their only visa option. There is no reason not to apply for it because of this law stating that a partner visa can be granted only outside Australia. But, an offshore partner visa for Australia is usually processed faster. Onshore partner visa for Australia is usually processed within 2 years. Still, the most difficult wait is when partners are separated.

The transition from Subclass 309 to Subclass 100

Usually, your application for the permanent partner visa (Subclass 100) is assessed after 2 years from the date you applied for this visa. You will again be required to submit additional documents to prove that your relationship is genuine and continuing for the permanent partner visa processing. You don't need to pay any additional fee for this process.

Eligibility for the permanent partner visa (Subclass 100)

  • You must have held a partner visa (Subclass 309 or a dependent child visa (Subclass 445)
  • You must be married or in a de facto relationship with the same partner
  • You must have a genuine and continuing relationship
  • You must live together, or not live permanently separate and apart
  • You must be mutually committed to a shared life excluding other partners
  • Upon the grant of your Permanent Partner Visa, you will be a permanent resident of Australia and eligible for most of the privileges that Australian citizens and Permanent Resident enjoys. You can live and work permanently, sponsor relatives, and much more. You can also apply for Australian citizenship once you meet the eligibility criteria.

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