Avoid leaving Australia whilst your permanent offshore partner visa (subclass 100) is being processed.
Holders of a subclass 309 (temporary partner visa) are allowed to leave Australia, and to return to Australia, whilst it is current. The subclass 309 visa remains current until the visa holder receives a decision on their subclass 100 (permanent partner visa) application.
Two years after the person has applied for the subclass 309 and subclass 100 visas (they are applied for together), they are eligible to be processed for the subclass 100 visa (after lodging some additional forms and updated evidence of their ongoing and genuine relationship).
The processing of the subclass 100 visa takes some time. Some subclass 309 visa holders may want to travel overseas during that subclass 100 processing period. However, my recommendation is that, if possible, avoid leaving Australia whilst your subclass 100 visa application is being processed.
Notwithstanding that subclass 309 visa holders can leave Australia and return to Australia whilst their subclass 309 visa is current, I recommend that they do not leave Australia whist their subclass 100 visa application is being processed.
The reasons for my recommendation are slightly complex:
⦁ Firstly, whilst most subclass 100 permanent partner visa applications are approved, not all are.
⦁ If a person’s subclass 100 application was refused whilst they were overseas, their subclass 309 visa would cease at the date of the refusal.
- Importantly, if a person is outside Australia when their subclass 100 visa is refused – it is not possible to appeal that refusal decision.
- However, if a person is in Australia when their subclass 100 visa is refused – it is possible to appeal that refusal decision.
So, even though a person may consider that it is extremely unlikely that their subclass 100 visa application will be refused, they may want to avoid leaving Australia whilst their subclass 100 visa application is being processed.
Feel free to contact me if you would like to book a consultation for more information about anything mentioned here.
Regards.
Ross McDougall.
Immigration Lawyer & Solicitor.
Tel: 08 8528 9187
This information is correct at December 22nd, 2022. But, keep in mind that immigration law changes from time to time.
Tags: Processing, subclass 100, travel
