Australia Partner Visa (Subclass 309 and 100 visa)



Partner Provisional and Migrant Visa

The Partner Provisional and Migrant visa (subclass 309 and 100 visa) allows those individuals to live in Australia who are a spouse partner of an either Australian citizen, Permanent Resident Visa or eligible New Zealand citizen.

The provisional 309 visa is a temporary visa while the migrant 100 visa is a permanent. The temporary provisional 309 visa is granted first, which allows the applicant to stay in Australia for two years and apply for the migrant 100 visa within that duration.

What are the eligibility criteria of Subclass 309 and 100 visa?

For Partner Subclass 309 visa:

    • You must be outside of Australia when lodging an application and when the decision is made
    • You must be spouse or de facto partner of Australian citizen, Australian Permanent Resident visa or eligible New Zealand citizen.
    • You must be at least 18 years of age or more when you apply for this visa (applied to both spouse and de facto partner)
    • You must have a sponsor if your partner is less than 18 years of age (your partner’s parent or guardian who are an Australian citizen, permanent resident or eligible New Zealand citizen.)
    • You must meet health and character requirements
    • You must have repaid all the debts to the Australian government (if any) before the visa is granted.

For Partner Subclass 100 visa:

    • You must hold a temporary partner visa (subclass 309 visa)
    • You must be in the continued marriage or de factor relationship unless there are special circumstances
    • You must have abide by with all Australian laws and the conditions on temporary 309 visa Health and Character Requirements

You and all the family members included in the visa application must have:

    • Health check-ups done within 12 months of applying for the visa
    • Police certificate from countries you have lived in for 12 months or more in the past ten years

Obligations for Sponsors

Sponsors must provide following things for two years after the applicant enters Australia on temporary migrant 309 visa:

    • Accommodation
    • Financial support including English language courses if require
    • Other support like child care if required.

Australia Employer’s nomination Visa scheme subclass 186.

What This Gives You?

You can enjoy all the benefits of being an Australian Citizens, although technically you will not be one.

This will mean:

    • You can stay in Australia for as long as you like.
    • For the first five years you can leave and reenter Australia frequently.
    • Once in Australia, after fulfilling the eligibility criteria you can put in an application to become an Australian Citizen.
    • You will have free or subsidized access to full health care in Australia, including ‘Australian Medicare’. You will also be eligible for legal services and various other supports.
    • Your relatives can also be sponsored by you.
    • If you travel abroad from Australia, you have the right to access full consular assistance.
    • You and your family members have the right to undertake any educational courses.
    • If you have any children that are born in Australia, they will become Australian Citizens automatically.

 Australia-Partner-visa

Employers Nomination Scheme (186) or the Employer Nomination Scheme (ENS) Australia

Specific Requirements

    • You must have been nominated by an approved Australian Employer to work in one of the approved occupations.
    • You must be under 50 years of age.
    • You must meet the requirements needed in English Skills and Education.
    • You will apply under the particular stream that you were nominated under.

There are also these further requirements

These include:

    • You will need to have your skills assessed by the appropriate Australian assessing authority.
    • You must show you have had 3 years prior experience of working in your occupation.
    • You should have a contract signed by you and your potential employer.

If you are applying under this scheme you must make sure that the following requirements are fulfilled by your employer:

    • That the business or concern is properly set up and legal, under current Australian legislation.
    • They really need specific workers to join their concern or business.
    • They are familiar with and follow all the relevant laws and procedures, concerning the employment of Australia immigration
    • They have planned out how they are going to train and familiarize new immigrant workers in their businesses and concerns. If they are a new concern, they must show they have strategies for dealing with and helping new immigrant workers.
    • They are going to employ a new immigrant worker.

There are Three Steams or Alternative Routes by which you can apply under Employers Nomination Scheme (186)

1. Temporary Residence Transition Stream
This applies to one who is currently working under the “sub class” visa holder’s scheme 457. This means someone who has been working a total of two years for their nominated employer. This visa can be changed into permanent employment and residency visa for staying in Australia.

2. Direct Entry Stream

This applies to anyone who is currently outside Australia or in Australia on a temporary or bridging visa. Secondly, you do not qualify for the ‘Temporary Residence Transition Stream’. You have been nominated by an employer in Australia.

3. Agreement Stream

This is where you have been sponsored by your potential employer through a labor agreement.

Some Further Points

This is not going to be a major concern for someone who has worked in a profession or a skilled occupation for some years. You can see that there is a very comprehensive and wide ranging list of jobs. An official Australian body has validated almost each and every area of employment.

This list includes:

Botanist, Bricklayer, Vocation Education Teacher, Turf Grower, Magistrate, Make Up Artist, Radiation Oncologist, etc.

Can you apply, if you have not found an employer to nominate you?
You can show an “Expression of Interest” (EOI), using “Skills Select”.

Employers across various States and territories will look at your application, and if they are interested they will get in contact with you to set up an Employers Nomination Scheme (186) immigration visa.

What is Skills Select?

Skills Select is an online system which is run by the Australian Department of Immigration and Border Protection (DIBP). There is an online form for this. An applicant will then take a test. This is to evaluate their educational level and their overall proficiency in English. If you get successful in this, you show an EOI, an expression of interest in one of the permanent job application.

Once this has been completed and uploaded into the system, a prospective Australian employer, or a Territory or State government can invite you to go through the Visa Application process. In the present case it would be the Employers Nomination Scheme (186) Visa. Visa would be granted with the right to work and stay in Australia.

Three further points

1. Prior to any successful application, you will be asked to show you are in good health.
2. Your police records in your home country or any other countries you have lived in, will be checked.
3. You must show that you do not owe any debts to the Australian Government.

Do not hesitate to ask Visa Emperor. We will Guide you through our experience and knowledge in successfully guiding you through the process of coming to live and work in Australia.

Call