Overview of the Australian Partner Visa (Subclasses 309/100)

The Partner Visa Subclass 309/100 application is a two-stage process, submitted concurrently (lodged as one application):

• Subclass 309 (Provisional Visa): Allows the applicant to enter, live, work, and study in Australia. This is a mandatory stepping stone before permanent residency assessment.
• Subclass 100 (Permanent Visa): The ultimate goal, granting Permanent Residency (PR) in Australia. This visa is typically assessed about 2 years from the lodgement date, or once all eligibility criteria are met.

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Core Requirements for the Australian Partner Visa 309/100

For a successful visa application, both the applicant and the sponsor must meet the following requirements:

1. Requirements for Applicant and Sponsor

• Both parties must be at least 18 years old at the time of application (with very limited exceptions).
• The sponsor must be an Australian Citizen, an Australian Permanent Resident, or an Eligible New Zealand Citizen.
• The sponsor must meet character requirements and must not be restricted from sponsoring under migration law.

2. Relationship Requirements (The Core Factor)

The relationship must be proven to be genuine and continuing. The applicant must be the lawful Spouse or the cohabiting non-married partner (de facto partner) of the sponsor.

Providing detailed evidence is mandatory, focusing on the four core aspects of the relationship: Financial, Household, Social, and Commitment.

Evidence to Prove the Relationship

The following evidence serves only as suggestions; their necessity and acceptance depend heavily on the specific circumstances of each couple’s application.

Because of the unique nature of every relationship, obtaining support from a licensed and highly experienced migration agent is crucial. This ensures your application is fortified with persuasive evidence, thereby maximizing your chances of approval.

• Financial Aspects: Joint bank accounts, jointly owned assets, or shared living expenses and financial responsibilities.
• Household Aspects (Cohabitation): Joint lease or property ownership, joint utility bills, or arrangements regarding household tasks and responsibilities.
• Social Aspects: Public recognition as a couple by family, friends, and the community, Statutory Declarations from third parties, or shared social activities and travel.
• Commitment Aspects: Evidence of long-term commitment, shared responsibilities and obligations, and future plans/goals together.

Important Note

• For De Facto Partners:

  Eligibility requires either having lived together for at least 12 months prior to application, or having officially registered the relationship with a State/Territory government authority.

  Since most offshore applicants find the 12-month cohabitation requirement difficult to meet, official Relationship Registration is an optimal and flexible solution to demonstrate the genuineness of the relationship.

• Long-Term Relationship: If the relationship has lasted for 3 years or more (or 2 years or more if there are dependent children), the applicant may be considered for the simultaneous grant of both visas (Subclass 309 and Subclass 100).

3. Other Requirements

• The visa applicant must be outside Australia (offshore) when lodging the 309 application.
• Health and character requirements must be satisfied.

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Challenges in the Australian Partner Visa 309/100 Journey

This process is rarely simple and demands careful, diligent preparation:

• Difficulty in proving genuineness: Lack of detailed evidence, poor presentation logic, or gaps in the relationship history can pose significant risks.
• Pressure from processing times: Extended waiting periods can cause stress and uncertainty for both parties.
• Handling sensitive exceptional cases: Separation, divorce, or family violence before the 100 Visa grant may require the invocation of complex exceptional clauses.
• Health and Character issues: Certain medical histories or criminal records can be prohibitive, requiring strict legal intervention.
• Changes in migration law: Frequent updates require applicants to be constantly up-to-date to avoid errors.

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The Role of Professional Migration Consultation

Given its complexity and sensitivity, support from a licensed migration expert is a key factor in safeguarding your reunion journey:

• Evidence portfolio construction: Guiding the collection, organization, and presentation of evidence logically and persuasively to meet Department of Home Affairs standards.
• Addressing complex scenarios: Assisting in navigating factors such as large age gaps, cultural differences, new relationships, or character/health exceptions.
• Professional legal documentation: Drafting statements and promptly responding to Requests for Information (RFIs) with precise legal language.
• Optimizing timelines: Lodging a “decision-ready” application to minimize delays and help you reach the Subclass 309 stage sooner.

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Contact MK Lees Immigration to Turn Your Reunion Dream into Reality

Applying for the Australian Partner Visa Subclass 309/100 is a legally and emotionally complex undertaking. With MK Lees Immigration, you gain not just a consulting firm but a dedicated partner committed to ensuring every detail of your love story is presented with the highest level of accuracy.

• Free assessment and development of a personalized strategy focused on genuine relationship evidence.
• Support to overcome all legal and procedural challenges.
• Monitoring the progress until you receive the Subclass 100 Visa and become an Australian Permanent Resident.

Contact our expert today to begin your safe, efficient, and happy reunion journey.