Posted on Aug 28, 2023

Sunshine Migration Law Group

Subclass 309/100 Partner

If you are outside of Australia and want to join your partner in Australia who is an Australian citizen, permanent resident or eligible New Zealand, you may apply for Subclass 309/100 Partner.

It is important to demonstrate that your relationship is genuine and continuing when applying for this visa. Additionally, the Department of Home Affairs consider four factors when assessing whether your relationship is genuine and continuing. These factors are:

1. financial aspects of the relationship;
2. nature of household;
3. social aspects of the relationship; and
4. nature of your commitment in the relationship

The Subclass 309 is a temporary visa and the Subclass 100 is a permanent visa but both visas are applied at the same time. However, an applicant is only eligible for Subclass 100 after two years upon the grant of Subclass 309.

If your relationship has broken before the grant of Subclass 100 and while holding Subclass 309, you may still be eligible for Subclass 100. We highly recommend contacting us to check your eligibility.

There are circumstances when the Department of Home Affairs grant both Subclass 309 and Subclass 100 at the same time.
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