Permanent Residency in Australia on a Partner Visa if you are outside of Australia is a two step process involving Partner Visa (Subclass 309) followed by Partner Visa (Subclass 100).
What is a Partner Visa (Subclass 309)?
This is a temporary Visa (provisional visa), and the first step to gaining residency in Australia. It is for spouses, de facto partners of Australian citizens, permanent residents or eligible New Zealand citizens who live in Australia.
You can apply for the Subclass 309 Visa if you are outside of Australia at the time of application and approval.
What is a Partner Visa (Subclass 100)?
This permanent visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia. It is the second step to gaining permanent residency in Australia.
You can 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.
Who would the Partner Visas (Subclass 309 and 100) be suitable for?
A Subclass 309 Visa would suit you if:
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 met your partner online and are having a long distance relationship with an Australian
you are outside of Australia at the time of your application and approval
Please note: If you wish to apply for this visa and are in a de facto relationship, you and your partner must be a minimum of 18 years of age.
A Subclass 100 Visa would suit you if:
you hold a Subclass 309 Visa
you pass the assessment conducted by the Department of Immigration against the criteria for the permanent Partner Visa
These Partner Visas apply equally to heterosexual and same sex relationships.
When can you expect your Partner Visas (Subclass 309 and 100) to be approved?
The processing times for a Partner Visa (Subclass 309) and for a Partner Visa (Subclass 100) can be found at the:
Australian Immigration and Border Protection Website
How do you apply for Partner Visas (Subclass 309 and 100)?
You lodge only one application for your temporary visa (Subclass 309) and permanent visa (Subclass 100). You also only pay one application fee.
There is sometimes confusion amongst visa applicants over which Partner Visa is the right one for them.
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