Partner Visa Subclass 309/100: Successful Application Guide 2024

What is a Subclass 309 visa?

The Subclass 309 visa is a temporary visa that allows the partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia. It is for applicants who are outside Australia when they apply and aims to facilitate family reunification by enabling partners to join their loved ones in Australia.

The Subclass 309 visa is the provisional stage of the Partner visa pathway –  permanent Partner visa (subclass 100).

What is a Subclass 100 visa?

The Subclass 100 visa is a permanent visa granted to the spouse or partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen under the Australian Partner visa program. Typically granted after holding the provisional Subclass 309 visa.

The benefits of a Subclass 309/100 visa

With a Subclass 309/100 visa, applicants can live and work in Australia. Whether you hold temporary or permanent residency status, you are entitled to the following benefits:

If you are applying for a Partner visa from within Australia, please consider the Subclass 820/801 visa. Alternatively, the Subclass 300 visa – Prospective Marriage visa may also be suitable for your circumstances.

The requirements of a Subclass 309/100 visa

When applying for a Partner visa subclass 309/100, the sponsor and the applicant need to meet the following requirements:

For both

• Both parties must be over 18 years old.
• Have met in person for at least 1 year.
• The relationship is genuine and developing
• Live together as a couple and intend to continue doing so.
• Your marriage must be valid under Australian law.

For the sponsor

• Australian citizenship, Australian permanent residency, or eligible New Zealand citizenship.
• Must not have previously sponsored any person for a second time on a Partner visa.
• The last sponsorship for a partner must have occurred at least 5 years ago.
• Must have a clean criminal record.

For the applicant

• Must be outside Australia at the time of submitting and being granted the application.
• Must satisfy the health and character requirements.
• Must have no outstanding debt to the Australian government.

The Subclass 309/100 visa pathway offers a faster route to permanent residency with your partner/spouse in Australia compared to Subclass 300 visa. However, the eligibility criteria for visa 309/100 are more rigorous than those for Subclass 300. For further guidance, please contact VEM.

Having a clear understanding of which partner visa pathway suits your circumstances from the start improves your chances of your visa being granted.

Processing times of a Subclass 309/100 visa Australia

Careful preparation of your visa application can significantly affect processing times.

As per the latest updates from the Australian Department of Home Affairs, the 309 visa processing time is currently estimated to be between 18 to 26 months. Meanwhile, the subclass 100 processing time is between 12 and 51 months.

Issues with supporting documents are the primary cause of Subclass 309 visa refusal. With over 10 years of experience in migration, Mr. Peter Cao, CEO of VEM and a registered migration agent, has successfully expedited many clients’ Subclass 309 visa approvals.

If you have any uncertainties about your visa application, we encourage you to contact VEM for expert advice and assessment. We are confident in our ability to assist you in navigating the partner visa process smoothly

Steps to apply for a 309/100 visa

The process of applying for a Partner visa 309/100 mainly involves 5 steps:

• Step 1: Ensure you meet the requirements.
• Step 2: Apply for the Subclass 309/100 visa.
• Step 3: Receive the Subclass 309 visa grant.
• Step 4: Prepare and lodge your Subclass 100 visa application after 2 years from the lodgement of your Subclass 309 visa application.
• Step 5: Receive the Subclass 100 visa.

The cost of a Subclass 309/100 visa

As of now, the fees for the Subclass 309/100 visa in Australia are as follows:

For the primary applicant applying for the Subclass 309/100 visa, the fee is AUD 9,095. Additionally, the fee for accompanying applicants is AUD 4,550 for those over 18 years old and AUD 2,280 for those under 18 years old.

There are also costs for police certificates, health examinations, and biometrics, which are approximately AUD 300 per person.

Note: The fees listed above do not include a 1.4% surcharge.

Visa application fees may rise each year. Applying for your visa within the current financial year could save you money.

Required documents for a Subclass 309/100 visa

The Subclass 309 checklist and required documents for 100 Partner visa include:

• Identity documents (e.g., passport, birth certificate).
• Relationship evidence (e.g., statements from yourself and your partner, photos together, joint financial documents).
• Health examinations (if applicable).
• Character documents (e.g., police certificates).
• Any additional documents specific to your circumstances (e.g., divorce certificates, custody arrangements if applicable).

It’s essential to check the official Australian Department of Home Affairs website or consult with a registered migration agent for the most current and specific document requirements for your application.

Common reasons for a Subclass 309/100 visa being refused

Common reasons for a Subclass 309/100 visa being refused include document inaccuracies, insufficient evidence, and mistakes made during the interview:

Sometimes, minor errors can result in a negative outcome for your visa application.

For increased chances of visa approval, contact VEM. Mr. Peter Cao, CEO of VEM, is a registered migration agent (MARN: 1577877) and member of the Migration Institute of Australia (MIA: 12648). With early access to updates on Australian immigration changes, we are well-prepared to assist in preparing and lodging your visa application to meet all requirements.

Client’s story

VEM successfully represented Ms. Mai Thu Hoa and her husband, Mr. Barry Wayne Hodges, in their Subclass 309/100 visa application submitted on June 16, 2021. After approximately 9 months, Ms. Hoa was granted the Partner visa subclass 100.

Before seeking assistance from VEM, Ms. Hoa faced several challenges in her visa application journey:

• She received a 3-year ban due to a previous visa refusal caused by inadequate services from another company, restricting her from applying for another visa during this period.
• Other migration agents had declined to take on her case.

However, Mr. Peter Cao, our qualified and experienced consultant, successfully navigated her through the complexities, resulting in the grant of her Subclass 309/100 visa.

Similarly, other clients of VEM, Ms. Tien Kim Nhung and Mr. James Sumner Macpherson, also achieved success:

Initially planning to apply for their visa 309 Australia independently, they chose to engage VEM upon realizing that the visa application fee is non-refundable in case of refusal.

With Mr. Peter Cao’s support, Ms. Nhung lodged her Subclass 309 visa application on March 26, 2021, and received the visa approval on June 25, 2021. Currently, they are settling in Surfers Paradise, Queensland, Australia.

Furthermore, on May 17, 2021, Ms. Nga Doan and her husband, Mr. Dean Arndel, were delighted to have their Subclass 309 visa granted with VEM’s assistance:

Following the visa grant, Ms. Nga and her son arrived in Brisbane, Australia, on August 1, 2021.

Mr. Dean expressed his satisfaction with VEM’s services and indicated he would recommend VEM to his friends.

We trust you find this article helpful. For increased chances of visa success, contact VEM for further advice and assistance!

By: Peter Phong D Cao – Registered migration agent

(MARN: 1577877, MIA: 12648)

Frequently asked questions

Find out more about other Australian visa:

• VEM provides you general information about Australian Family Visas
• How do the new Australian migration policies affect you?
• Subclass 445 visa – How can your children soon reunite with your family in Australia