Partner Visa: Peter and Xialing’s 309/100 Visa Journey
- Mar 24
- 5 min read
Updated: Apr 8
Peter, an Australian citizen, met Xialing, a girl from China, at his friend’s wedding. Sparks flew immediately, and he was instantly captivated by her charm and warmth. After returning to Australia, he added her on social media, and over the next year, their daily chats and video calls deepened their bond.
Despite being thousands of miles apart, their love grew stronger. They decided to get married in China to seal their commitment. After their wedding, Peter returned to Australia, and the couple faced the challenge of being apart again. Determined to be together and close the distance, he applied for a Subclass 309 visa to bring Xialing to Australia.
Understanding the Subclass 309 and 100 Partner Visa
The Subclass 309 visa is a temporary visa that directly leads to the permanent Subclass 100 Partner Visa. These visas are designed to reunite partners of Australian citizens, permanent residents, or eligible New Zealand citizens.
Eligibility Requirements
Peter and Xialing ensured they met the key eligibility requirements:
Applicants must be 18 years or older.
Must be married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
For de facto relationships, usually 12 months of cohabitation is required (exceptions apply).
Sponsors must not have a history of domestic violence or failed sponsorship.
Since Peter and Xialing were married, they met all the requirements.
Gathering Required Documents
Before lodging the visa, Peter and Xialing prepared the necessary documents:
Marriage certificate or proof of de facto relationship
Passports and birth certificates
Evidence of a genuine relationship (photos, messages, joint finances, travel history)
Police clearance certificates from countries where the applicant lived
Health examination reports
Lodging the Subclass 309 Visa with Emigrate Lawyers
To ensure a smooth application, Peter engaged Emigrate Lawyers to lodge Xialing’s Subclass 309 visa.
Xialing provided all personal documents, including her passport, birth certificate, marriage certificate, and photos with Peter. Emigrate Lawyers submitted the application to the Department of Home Affairs along with supporting documents. The visa fee of AUD 9,365 was paid.
Waiting for Visa Processing
Processing typically takes 16–25 months. During this time, it’s essential to maintain proof of the ongoing relationship:
Daily chats and video calls
Shared experiences and visits when possible
Photos, joint finances, and correspondence
So, while waiting Peter and Xialing continued daily video calls and virtual coffee dates. Peter even took Xialing on a video tour of the National Gallery of Victoria, keeping their long-distance connection alive and documenting their relationship.
Responding to Requests for Additional Information
Immigration sometimes asked for clarification and additional documents
Prompt responses helped avoid delays.
The Department asked for more evidence, and they submitted extra photos and updated statements through their lawyers and waited for the decision.
After this waiting period, even across thousands of miles, their love prevailed and her visa was finally granted.
Tips: If this was your first visa grant, you had to enter Australia before the first entry arrival date (first entry, arrive by) specified in your grant letter.
Visa Approval and Reunion
When Xialing arrived in Australia, Peter was waiting at the airport, unlike many other partners. He held her favorite sunflower and a collection of her pictures, printed in mini size on A4 paper, carefully cropped and arranged on a chart with the words:
“Waited a Year for You, Can Wait a Lifetime for You. Welcome Home, My Sunflower.”
Transitioning to Subclass 100 – Permanent Residency
Peter had marked the date in the calendar, after 24 months of his wife’s 309 visa being lodged. The Department of Home Affairs automatically assessed the Subclass 100 visa after the required waiting period.
The Department reviewed all the updated documents and the case to make sure that:
The applicant was still the spouse or de facto partner of the same person who sponsored the temporary Partner visa.
Evidence of Ongoing Relationship such as updates on financial ties, shared household, social recognition, commitment, future plan and joint activities.
The applicant had held the 309 Subclass visa for at least two years (unless specific conditions applied, such as a long-term relationship or the sponsor had held a prior visa).
The applicant met health and character requirements.
The applicant had repaid, or had made arrangements to repay, any debts owed to the Australian government by them or their family members (if applicable).
The Department reviewed all evidence and made a decision. Additional information or documents were requested, which were submitted promptly.
With Emigrate Lawyers’ guidance, Xialing promptly submitted additional documents, and her Subclass 100 visa was approved, granting her permanent residency.
Even miles apart, love triumphed, and the 309/100 partner visa provided a clear path for couples separated by distance to finally be together.
Final Thoughts
The Subclass 309 and Subclass 100 partner visa pathway offers couples a meaningful opportunity to reunite and build a future together in Australia. Although the process may take time, careful preparation and strong relationship evidence can significantly improve the chances of success. As Peter and Xialing’s journey shows, patience, commitment, and proper documentation are essential throughout the application process.
While long-distance relationships can be challenging, the 309/100 partner visa pathway provides a structured route from temporary residence to permanent residency. By meeting the eligibility requirements and maintaining clear proof of a genuine relationship, couples can successfully navigate the visa process.
For individuals planning to apply for a partner visa or seeking guidance during the application process, it is important to obtain professional legal advice. If you are considering applying for a Subclass 309 or Subclass 100 partner visa, you can contact experts at Emigrate Lawyers for experienced legal support and guidance throughout your partner visa journey.
FAQs
Q1. How do you qualify for a partner visa?
To qualify for a partner visa in Australia, you must be in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. You must be married or in a de facto relationship and provide evidence of your relationship, such as shared finances, living arrangements, and social recognition. Applicants must also meet health and character requirements.
Q2. What is the 12 month relationship rule?
The 12-month relationship rule generally applies to de facto couples applying for a partner visa in Australia. It means the couple must usually have lived together in a genuine relationship for at least 12 months before applying. Some exceptions apply, such as if the relationship is registered in an Australian state or there are compelling circumstances.
Q3. How long do you have to be in a relationship for a partner visa?
For married couples, there is no specific minimum relationship length required to apply for a partner visa. However, you must demonstrate that the relationship is genuine and ongoing. For de facto couples, you usually need at least 12 months of living together before lodging the application.
Q4. What is the new rule on partner visa in NZ?
New Zealand partner visas require applicants to show they are living together in a genuine and stable relationship with their partner. Immigration New Zealand may assess the length and strength of the relationship when determining visa duration. The visa length granted often depends on how long the couple has been living together.
Q5. How many times can an Australian give a partner visa?
In Australia, a person can usually sponsor a partner visa twice in their lifetime. There is also typically a five-year waiting period between sponsorships. In some cases, the Department of Home Affairs may refuse sponsorship if there is a history of multiple sponsorships.
Q6. How long does it take for a partner visa to be approved in NZ?
Processing times for New Zealand partner visas can vary depending on the visa type and the completeness of the application. In many cases, decisions may take several months. Providing complete documents and strong relationship evidence can help avoid delays.
Need Legal help or Consultation?
If you have any questions, concerns, or requests related to the legal matter, please contact us at:
Emigrate Lawyers
Email: info@emigratelawyers.com
WhatsApp: 0458 745 646
Phone: 1300 807 134
Text Us: 0483 959 572
Writer: Anushka Gurung
Position: Legal Officer at Emigrate Lawyers
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