What Is the Difference Between the 309 and 100 Partner Visas?

What does the Subclass 309 partner visa allow?

The Subclass 309 partner visa allows the applicant to travel to Australia, live with the sponsor, and work and study while the permanent stage is processed. It must generally be granted while the applicant is outside Australia, and the first entry to Australia must be made before the date set when the visa is granted. Our page on the Subclass 309 visa explains how the firm acts for Australian sponsors at this stage.

What does the Subclass 100 partner visa allow?

The Subclass 100 partner visa is a permanent visa that allows the holder to live, work and study in Australia indefinitely and access Medicare. It carries a travel facility for five years from grant, and it is the basis for a later application for Australian citizenship once the residence requirements are met. Our guide to the permanent partner visa covers the rights that come with the second stage.

How does the move from the Subclass 309 to the Subclass 100 happen?

The move from the Subclass 309 to the Subclass 100 happens within the same application, so no new application or charge is needed. When the permanent stage is due, the Department generally asks for updated evidence that the relationship is continuing, together with any police certificates it requires, and then decides the Subclass 100. Any change of address, passport or family composition since the Subclass 309 was granted should already have been notified, because gaps in notification are a common cause of delay at this stage. Our guide to partner visa second stage documents lists what is usually requested.

Can the Subclass 309 and Subclass 100 be granted together?

The Subclass 309 and Subclass 100 can be granted close together where the partner relationship is long-term, as the regulations define it, when the application is lodged. In that case the applicant does not wait the usual period for the permanent visa. Our article on the partner visa double grant explains when both stages are granted at once.

What happens if the relationship ends between the Subclass 309 and Subclass 100?

If the relationship ends between the Subclass 309 and Subclass 100, the Subclass 100 can generally only be granted under the relationship cessation provisions, such as where the sponsor has died, where there has been family violence by the sponsor, or where there is a child of the relationship. The applicant must generally have entered Australia on the Subclass 309 for these provisions to apply. Our article on partner visa relationship breakdown explains the options.

How can My Migration Lawyers help sponsors through both offshore stages?

My Migration Lawyers acts for the Australian sponsor on the offshore application, so the sponsor's documents, the applicant's evidence and the couple's account of the relationship are prepared together and remain consistent at both stages. The firm plans the applicant's first entry and travel around the Subclass 309 grant and can also be engaged for the Subclass 100 stage. Australian sponsors can speak with our partner visa lawyers.