If you are married to or are in a de facto relationship with an Australian citizen or an Australian resident or an eligible New Zealand Citizen you are eligible to apply for combination of visa subclasses 309 and 100. Visa subclass 309 which is a temporary visa allows you to stay in Australia and be with your spouse till a decision on your permanent dependent spouse visa subclass 100 is made. Visa subclass 100 lets you stay permanently in Australia.
If you are married then your marriage must be recognised under Australian law else you would not fulfil the eligibility requirement to file dependent spouse visa application of a Australian resident/citizen. Same applies for de facto relationships. You must be in de facto relationship for 12 months supported by documentary evidence with your Australian partner to apply under this visa category.
Duration of your visa
As both the applications are lodged at the same time the temporary partner visa 309 application’s duration allows you to be in Australia until a decision about your permanent visa application is made.
The current processing time for most of the provisional spouse visa applications is about 12 months and permanent visa subclass 100 is about 19 months.
Circumstances under which permanent visa subclass 100 may be processed faster
If you have been in a long term relationship with your partner and can provide verifiable evidence to support t5he duration of the relationship then your permanent spouse visa application can be proceed quite faster. This implies that the permanent visa can be granted immediately after grant of your provisional visa reducing about 19 months of processing of your permanent residence application.
Long term relationship explanation
1. If your relation with your partner has been for at least 3 years at the time of lodgement of your 309 visa subclass application and you can prove it along with acceptable supporting evidence your relationship comes under the category of long term relationship and you may be eligible for faster processing of your permanent partner visa application.
2. If you have a child out of your relationship then even 2 years of you and your partner being together are considered under long term relationship category resulting in faster processing of your permanent partner application
To claim that your partnership comes under long term relationship you need to satisfy the visa officer by providing verifiable evidence covering the period of your partnership.
When your Australian resident partner cannot sponsor you
- If your partner was granted a partner visa or a prospective marriage visa under visa subclass 300 in the last 5 years.
- Your partner have sponsored any other person on partner visa or prospective marriage visa
- If your partner has sponsored 2 other people on this visa subclass he cannot sponsor you.
Exception to above sponsorship condition
Only under the following 4 conditions your partner maybe able to sponsor you even if the above 3 conditions apply to him.
- If your previous relationship has been broken by your partner and you have children out of that relationship
- Your previous partner has expired
- You and your current partner have been with each other for more than 2 years
- you and your current partner have dependent children
How to file your partner visa application successfully
It is very important that partner visa application for Australia be assessed properly for your visa to be successful. There are many aspects which need to be studied carefully before advising clients about the documentation required to file your case correctly. Your spouse visa consultant must know on what factors the application is assessed so that he can provide you with customised checklist. Advising about ding documents to prove relationship needs to have in-depth discussion with the applicant. Every relationship is unique so generic relationship checklists may not be applicable to all. Particularly if you would like to have faster processing of your permanent visa subclass 100 you need to satisfy the visa officer with your long term relationship documents.
Why West Highlander
At West Highlander Ms Parwinder Kaur, one of the key personnel of West Highlander is a Registered MARA Agent with office of MARA Australia and have till date successfully served hundreds of clients. West Highlander is the best consultant in Chandigarh making your process of your partner visa application smooth and an easy experience. We pride ourselves in achieving successful visa outcomes for previously refused cases. Our success rate with dependent spouse visa applications is one of the highest in the region