Edu Global Melbourne Brisbane Immigration Agent -20 Years of Experience
309/100 Australian spouse immigrant visa Partner visa, suitable for married couples or de facto partners who have lived together for more than 1 year.
Spouse visa is generally divided into two stages:
i. The first stage: temporary spouse visa (subclass309)
ii. The second stage: permanent spouse visa (subclass100)
Typically, applicants can only be granted a temporary partner visa first. After two years of obtaining a temporary visa, if the spouse relationship continues or is genuine, a permanent visa can be obtained. Temporary visa and permanent visa are submitted at the same time.
Under special circumstances, applicants can directly obtain a permanent residence visa. the Prerequisite is:
★The applicant and the guarantor have been in a husband and wife relationship for more than 3 years, or have a de facto husband and wife relationship.
★The applicant and the guarantor have been in a husband and wife relationship for more than 2 years, or have a de facto husband and wife relationship, and have a child.
People who hold a 300 fiancé visa abroad can apply for a 309 temporary visa if they marry their spouse within the specified time limit. In the next 2 years, the spouse’s relationship has always existed and the relevant laws have been complied with, and a 100 permanent visa can be obtained .
309/100 Australia overseas spouse visa application conditions
1. Married applicants
1) Legal marriage: Generally speaking, as long as it is a legal marriage in other countries, it is recognized in Australia. But there are some exceptions, such as homosexuality, underage marriage, and polygamy, which are not accepted in Australia. If homosexuals can prove that they are de facto partners, they can apply for this visa;
2) A real relationship with the spouse: their relationship must be real and lasting, and both parties must live together when submitting the application, or only temporarily separate;
2. Common-law partner
1) aged 18 and above;
2) The applicant and the guarantor cannot have a family relationship, nor can the adoption relationship (including the adoption relationship that has been declared invalid or terminated);
3) The two parties had a cohabitation relationship for more than 1 year before the application, and their relationship must be real and lasting, and the two parties must live together or only temporarily separate when the application is submitted;
309 /100 spouse visa requirements for Australian guarantors
1. The guarantor must be an Australian citizen, an Australian permanent resident or a qualified New Zealand citizen;
2. The age of the guarantor needs to be 18 years old and above; if the applicant is a married applicant aged 16 or 17, parents or guardians are required to provide guarantee for your partner, and they must also meet the age and identity requirements of the guarantor;
3. If you were issued a contributory parent visa after July 1, 2009, and you and your partner were married or started a cohabitation relationship before the date of visa issuance, within 5 years after the visa was issued, Partners cannot be vouched for.
Sponsorship restrictions for 309/100 partner visas
1. You have already sponsored 2 partners to immigrate to Australia (including the sponsorship that you have revoked after your partner obtained permanent residence due to domestic violence)
2. It has been less than 5 years since the first partner was guaranteed;
3. You also obtained a visa through the sponsorship of your spouse, and the visa has been granted for less than 5 years;
4. Currently you hold a 204 visa Woman at Risk visa;
5. Has been convicted of or paid a fine for injuring a child.
Requirements for children as secondary applicants:
1. Under the age of 18; or
2. If 18 years of age and over, but their long-term (at least 1 year) essential needs are wholly or substantially dependent on the applicant; or
3. If they are 18 years of age and over, but due to physical or mental impairment make their basic needs completely or substantially dependent on the applicant;
Notice:
A. No matter how old your children are, they are no longer dependents if they are married, in a common-law relationship, or will be married;
B. In some cases, children may also be added to the application after you submit it. You will need to submit details of your children by writing to the immigration office that handles the partner visa application.
(1) If the applicant submits the application abroad, the child requested to be added to the application should also be outside the country, and vice versa;
(2) If you submit 820 and before you get 801, you can apply for 445 dependent child visa;
(3) Want to add a newborn to the application:
a. You need to write a letter to the immigration office that handles the application, inform the child of birth, and send the notarization of the child’s birth certificate. The visa processing office will automatically add your child to the application;
b. If the newborn is born overseas and either parent is an Australian citizen at the time of the child’s birth, the child can directly inherit Australian citizenship;
c. If the newborn is born in Australia, the child will be automatically granted the same visa as you and your spouse as soon as the child is born (if either parent is an Australian citizen or permanent resident at the time of the child’s birth, the child will be born as an Australian citizen).
