Australia offers several pathways for partners of Australian citizens and permanent residents to live together in Australia. Two popular options are the Subclass 100 and Subclass 309 visas, both part of the Partner Visa Program. In this article, we’ll break down what each visa entails, their eligibility criteria, and how the transition process works so you can find the best path for you and your loved one.
What Are the Subclass 100 and Subclass 309 Visas?
Subclass 309 is a temporary partner visa that allows the foreign partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to enter and live in Australia while the permanent visa is processed. This visa is granted first and is a stepping stone towards obtaining the Subclass 100 visa, which provides permanent residency in Australia.
Subclass 100, on the other hand, is the permanent partner visa granted after the Subclass 309. It allows the holder to stay in Australia indefinitely, with the same rights as other Australian permanent residents.
Key Differences Between Subclass 100 and Subclass 309
- Duration and Validity:
- Subclass 309: Temporary visa, allowing the holder to live in Australia while awaiting the decision on the permanent visa.
- Subclass 100: Permanent visa, allowing indefinite stay in Australia with benefits such as work and study rights, access to healthcare, and eligibility for citizenship down the line.
- Application Process:
- Both visas are applied for together in one application process. You apply for the Subclass 309, and if approved, the application for Subclass 100 follows automatically after a period of two years, provided the relationship is still ongoing and meets requirements.
- Eligibility Requirements:
- Both visas require proof of a genuine, committed relationship. You must show evidence of shared life experiences, finances, and social acknowledgment of your partnership.
- Other requirements include meeting health and character standards.
- Transitioning from Temporary to Permanent:
- After holding the Subclass 309 visa for about two years, applicants may be eligible to transition to the Subclass 100 permanent visa, assuming they continue to meet relationship criteria.
Benefits of the Subclass 100 Visa
Once the Subclass 100 visa is granted, the holder has access to most of the rights of an Australian permanent resident. This includes freedom to work and study in Australia, access to Medicare, and eligibility to apply for Australian citizenship after meeting residency requirements.
Tips for a Successful Application
- Gather Strong Evidence: Relationship evidence is crucial. Include photos, shared financial documents, and statements from friends and family affirming your relationship.
- Meet Health and Character Requirements: Both visas require a medical exam and police clearances, so ensure these documents are ready.
- Stay Informed on Processing Times: Visa processing times can vary, so be prepared for potentially extended wait periods, especially for the permanent Subclass 100 approval.
Final Thoughts
Navigating the Subclass 100 and Subclass 309 visas can feel complex, but with careful preparation and an understanding of each visa’s requirements, you can successfully bring your partner to Australia. Start with the Subclass 309 and follow through with the requirements for the Subclass 100, ensuring a seamless transition for your partner to enjoy life in Australia.