Applying for Partner Visa subclass 309 and 100

Applying for the offshore Partner visa 100 is a two stage process. To be eligible for a permanent partner visa you first need to be granted a temporary Partner (Provisional) visa subclass 309. When applying for the temporary 309 visa you will also be applying for the permanent 100 visa at the same time you will pay only one fee.


If you are granted the Partner (Provisional) visa subclass 309, you are eligible to be assessed for the permanent Partner visa subclass 100 approximately two years after your Partner (Provisional) visa subclass 309 is granted.


>> Benefits of Visa 309    >> Compare Visa 820

Watch the video to learn more about visa 309 and 100. Our Migration Lawyer Hanh Ho reviews the visa process, common questions, issues and answers. In the video Hanh outlines key points and tips for applying for visas 309 and 100.



Advantage of Applying for 309 and 100 Partner Visa

As the Partner visa 309 is an offshore application it allows applicants with dependant children to remain in their country whilst their visa application is being processed. You will aslo be able to apply for a tourist visa and travel to and from Australia during your applicantion process. However, the applicant MUST be outside Australia at the time of application decision.


the Partner visa 309 enables an applicant that can prove they have been in a long term relationship may apply for the permanent 100 visa that can be granted immediately after the temporary Partner (Provisional) visa subclass 309 has been granted. Moreover, in some cases the subclass 100 visa can be granted without going through the Partner visa 309 waiting time if the Department of Home Affairs think it is not necessary as applicant has been in a long term relationship with the sponsor.



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Partner Visa 309 and 100 Application Process


Australian Partner Visa 309 Process

Applicants applying for the Partner visa 309 the applicant MUST be outside Australia when lodging their application. Appplicants must also be outside Australia at the time a decision is made on the temporary Partner visa subclass 309. But you can be in or outside Australia when a decision is made on the permanent Partner visa subclass 100. Our Migration Lawyer Hanh Ho can help you make a plan and track your application to meet the visa conditions should you need to travel to ensure you are in the right place when your application is approved.



Permanant Partner Visa 801 Processing Time

Visa processing times vary depending on the amount of applications the department receives. However, if, at the time you apply, you have been in a long term relationship with your partner, your permanent Partner visa subclass 100 may be granted either immediately after the temporary Partner visa subclass 309 is granted, or without going through visa 309. This can shorten the overall visa process.


A simple way to speed up an application process is to start straightaway, collecting all the documents you need and evidence of your relationship. A lot of applicants make the mistake of slowly gathering these items making a serveral month processing time for the 309 visa application to be approved into a 2 or 3 year waiting period. during this time many things can happen, children are born, children become 18+, more evidence is needed. Starting, finalising, and lodging your application as soon as possible is the simplest way to reduce your processing time.


IST Migration 820 801 Partner Visa

Eligibility for a Partner Visas Subclass 309 and 100

Not everyone is eligible to get an Australian visa. There are many different reasons why a person can be ineligible, i.e. if you have had a visa cancelled or refused while you were in Australia, lack of relationship evidence, health issues, failing the character test and many more issues. Our Migration Lawyer Hanh Ho can help you overcome many ineligibility issues with her in-depth knowledge and experience of both the Immigration Departments requirements but also the Australian Migration Law. However, should you or your partner not meet or exceed the eligiblity requirements we maybe able to advise you of an alternative visa.


>> Propective Marriage Visa 300    >> Partner Visa 820 and 801
  • Eligibility for the Subclass 309 Visa:
  • • you and your Australian partner are legally married, intend to legally marry in the near future (prior to a decision on your migration application), or you have been in a defacto relationship for at least 12 months immediately prior to your visa of application
  • • you have met your partner online and are having a long distance relationship with an Australian
  • • you (applicant) are outside of Australia at the time of your application and approval
  • Eligibility for the Subclass 100 Visa:
  • • you hold a Subclass 309 Visa
  • • you pass the assessment conducted by the Department of Immigration against the criteria for the permanent Partner Visa
  • Sponsor Eligibility

  • Must be:
  • • an Australian citizen or an Australian permanent resident or eligible New Zealand citizen who want to sponsor the visa applicant as your partner to Australia
  • • in a married or de facto relationship with your partner
  • • if married, generally aged 18 years of age or over
  • • if in a de facto relationship aged over 18 years of age
  • You may not be able to sponsor your partner if any one of the following applies
  • • you are not an Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • • you have previously sponsored two other partners for migration to Australia (including sponsorships you may have withdrawn where your former partner obtained permanent residence on family violence grounds)
  • • you have sponsored another partner within the last five years
  • • you were sponsored for a partner visa as a partner yourself within the last five years
  • • you are the holder of a Woman at Risk visa (Subclass 204)
  • • you have a conviction or an outstanding charge for an offence against a child
  • If you have previously sponsored or been sponsored, you may still be permitted to sponsor your partner in compelling circumstances, such as:
  • • if your previous partner has died or abandoned the relationship leaving young children
  • • if your relationship with your current partner is long standing (that is, two years or more)
  • • if you and your current partner have dependent children of your relationship
  • IST helps you to obtain a visa by applying for it again. IST examine reasons for previous refusals in order to overcome such difficulties

    IST obtain a tourist visa successfully. Your previous visa refusals do not affect your latter visa application, including Fiance, Partner or Spouse visa applications

    IST chooses the best visa options for you in order to secure a visa for your.

    IST helps you obtain a tourist visa successfully without going on tour, helps reduce the visa service fee and travel cost if going on tours.

    IST assist you with considering whether you should re-apply for a visa or appeal the deision so that the chance of success is high.

    Visa Refused?

    Have you been refused a Tourist or Partner Visa due to using unreliable services or an inadequate visa application? We are here to help you solve the problem.


    (+84) 028 6290 6968
    info@ditruist.com.au

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    Sponsorship Limitation and Best Interests of the Child

    Where an applicant includes a dependent family member less than 18 years of age in their application, the sponsorship cannot be approved (except in very limited circumstances) where the sponsor has a conviction or an outstanding charge for an offence against a child. There is also a requirement that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the dependent family member.


    309 Child

    In order to assess the sponsorship application and the best interests of the child requirement, sponsors of children under 18 years of age are required to submit an AFP National Police Check and/or foreign police certificate/s, depending on the sponsor’s circumstances. If the sponsor has spent a total of 12 months or more in Australia since turning 16 years of age, the sponsor must provide an AFP National Police Check. The sponsor must also provide police certificates from each country in which they have spent a total of 12 months or more in the last 10 years since turning 16 years of age.


    CONSULTATION: Urgent case? Contact IST Migration via Viber, Zalo, or Call (+61) 0406 888 639.         Looking for a Registered Australian Migration Agent? Call our Lawyer and Registered Migration Agent Hanh Ho for: Australian Partner Visas, Australian Tourist Visa applications, Australian Visa Appeals and Waivers Call Australian – (+61) 0406 888 639 or Vietnam – (+84) 028 6290 6968