Partner Visa 309 vs 100: Which One Do You Apply For?
If you are at the stage of looking at partner visas in Australia, you’ve probably come across the subclass 309 or subclass 100 partner visa, but which one do you apply for?
The Subclass 309 is for applicants who are outside Australia at the time of lodging. The Subclass 100 is not a separate choice, it is the permanent stage of the same visa. Talking to a partner visa lawyer from the very start of this process gives you full clarity of your situation.
The Subclass 309 is a temporary partner visa for people applying from outside Australia. It is designed for genuine couples, married or de facto, where one person holds Australian citizenship, permanent residency, or eligible New Zealand citizenship and is willing to act as sponsor.
Once granted, the Subclass 309 lets you live and work in Australia, access Medicare, and travel freely in and out of the country. Dependent children can be included in the same application.
To be eligible, a de facto relationship must have existed for at least 12 months before lodging, unless it is registered under a state or territory law. If you are legally married, the 12 month requirement does not apply.
The Subclass 100 is the permanent partner visa that follows the 309. You do not apply for it separately, it is lodged together with the 309 and assessed in two stages.
After you have held the temporary visa for around two years (or from the time your relationship began, whichever is longer), the Department of Home Affairs assesses whether you still meet the criteria for permanent residence. They will look at whether your relationship is genuine and continuing, and whether both you and your sponsor still meet health and character requirements.
Once the Subclass 100 is granted, you become a permanent resident of Australia with no conditions attached.
If you are already living in Australia on another visa, the Subclass 309 is not available to you. The onshore equivalent is the Subclass 820 (temporary) leading to the Subclass 801 (permanent). A partner visa immigration lawyer can confirm which pathway applies to your specific situation before you lodge, and make sure you do not accidentally apply for the wrong visa class.
There is no legal requirement to use a partner visa 309 lawyer, but there are very good reasons to. The partner visa is one of the most document intensive applications in the Australian immigration system. The Department of Home Affairs expects detailed evidence of a genuine relationship across multiple categories: financial, social, household and commitment. Miss a category and you risk a request for further information that can add months to your wait.
A partner visa 309 lawyer can help you:
The government application charge currently sits at over $8,000. Most couples find that engaging a partner visa australia lawyer is a worthwhile investment — the cost of professional help is modest compared to the risk of a refused or significantly delayed application.
Current processing times for the Subclass 309 sit at around 20 to 26 months for 75% of applications. That figure can be shorter or longer depending on how complete and well organised your application is when lodged. Engaging a partner visa 309 lawyer before you lodge can reduce the risk of a drawn out request for further information that sets your timeline back by months.
A partner visa 100 lawyer can also help you prepare for the second stage assessment — gathering ongoing relationship evidence throughout the two year period so you are ready when the department returns to you.
The most frequent issue couples run into is underestimating how much evidence the department expects. Photos and a few bank statements are rarely sufficient. The department looks for consistent, layered evidence that paints a complete picture of your life together.
Other common mistakes include:
Getting these things right from the start is the single biggest factor in avoiding delays.
Whether you are at the very beginning of your partner visa journey or you are already mid way through gathering documents, Lex Law Australia is here to help. Our trusted migration lawyers have helped hundreds of couples navigate the Subclass 309 and 100 process, and we know exactly what the Department of Home Affairs is looking for.
Get in touch today for a consultation and take the first step towards making Australia home.
