# Subclass 309 - Can I travel to overseas without applying to subclass 100 visa



## sunsum (Dec 21, 2015)

My enquiry is about traveling with subclass 309 visa. It's just over two years now(2 years 1 month) from the date of my 309/100 visa application lodged. I am in Australia and planning to travel a short trip to India in January 2016. 

I am not sure If I can travel with the Subclass 309 visa without applying to subclass 100 visa?


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## Mish (Jan 13, 2013)

The 309 has no travel resurrections.


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## sunsum (Dec 21, 2015)

Mish said:


> The 309 has no travel resurrections.


Thanks Mish.I enquired today at immigration office and they asked me to send email to [email protected] to get clarified. Subclass 309 visa has no restrictions in traveling to overseas however it just past two years from the date of my lodgement and now I'm eligible to apply permanent visa. I'm bit concerned and curious to know whether I have to initiate my permanent resident visa before my trip or I can do it bit later after coming back from India.I wanted to make sure that there shouldn't be any issue while traveling to India.


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## Mish (Jan 13, 2013)

Have you submitted your documents for 100 yet? They can grant it even when you are outside of Australia. At the moment 100 is taking around 5+ months so you will be back before then anyway.

The 100 visa kicks in as soon as it is granted no need to activate it like the 309. The travel rights expire on the 100 after 5 years and then you just need a resident return visa.


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## sunsum (Dec 21, 2015)

Mish said:


> Have you submitted your documents for 100 yet? They can grant it even when you are outside of Australia. At the moment 100 is taking around 5+ months so you will be back before then anyway.
> 
> The 100 visa kicks in as soon as it is granted no need to activate it like the 309. The travel rights expire on the 100 after 5 years and then you just need a resident return visa.


Mish, Thanks for the reply. I yet to apply for subclass 100 visa.

Can you please advise on the below questions.
1. Do I have to initiate my application subclass-100 before I travel to India?
2. Can I travel to india with Subclass 309 visa eventhough it past 2 years now from the date of visa lodgement?
3. Within how many months from the date of eligibility I should initiate subclass-100 visa for the second stage processing to be considered.


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## Mish (Jan 13, 2013)

You are suppose to submit your documents 2 years after your 309. DIBP make a decision on the documents you supplied if you don’t supply any then they could cancel your 309.

Migration agents on this forum have suggested to do it no later than 60 days after your eligibility date.

Why would you not submit them now? The waiting times are getting longer and longer.

You can travel on your 309 while you are waiting on the 100 visa.


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## sunsum (Dec 21, 2015)

Mish said:


> You are suppose to submit your documents 2 years after your 309. DIBP make a decision on the documents you supplied if you don't supply any then they could cancel your 309.
> 
> Migration agents on this forum have suggested to do it no later than 60 days after your eligibility date.
> 
> ...


I updated my details to the immigration department and waited for the email or postal correspondence, but I didn't receive any mail from them yet. so when I enquired at the office yesterday they asked me to mail to the email id. its going to be exactly 2years + 1 month now from the date of lodgement, I will initiate as soon as possible and within that 60 days time period. But am I allowed to travel without initiating the application? I'm panning to make a trip only for a week to india in mid of january.


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## Becky26 (Jun 18, 2013)

sunsum said:


> Mish, Thanks for the reply. I yet to apply for subclass 100 visa.
> 
> Can you please advise on the below questions.
> 1. Do I have to initiate my application subclass-100 before I travel to India?
> ...


Hey sunsum,

1. Yes, 309 visa holder needs to submit documents and evidence to support their subclass 100 visa stating that he/she is still in a genuine and continuing relationship with their partner.

2. You can travel past 2 years from the date of application of your initial partner visa as 309 has unlimited travel rights on it. It is advised to submit the second stage partner visa application once the 2 years is over. I have seen people where they have applied like a year after their eligibility date, although I'm not suggesting you do that.

3. Second stage is eligible for consideration 2 years after the initial application. You can also submit your application 2 months prior to the 2 years but it will only be assessed according to your eligibility date.

Hope this helps. Good Luck!

Kind Regards,
Becky


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## Mish (Jan 13, 2013)

You can submit documents without waiting for anything from them. DIBP don't always send the email/letter to say you can submit so it is up to you to be on the ball.


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## Becky26 (Jun 18, 2013)

Mish said:


> You can submit documents without waiting for anything from them. DIBP don't always send the email/letter to say you can submit so it is up to you to be on the ball.


Thats it! They have a lot of applications to deal with and a limited no of people working on the applications may result in DIBP never sending a reminder/invitation to apply for subclass 100. Although I did receive an email from them about a month a half before my eligibility date


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## sunsum (Dec 21, 2015)

Thanks Mish and Becky. Just spoke to the immigration department and they asked to submit application within 3 to 6 months from the date of eligibility. Also they mentioned that I can travel if it's a short trip and launch application for subclass 100 within that time period quoted above.


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## sosunshinee (Jun 5, 2015)

Hi Mish i hope my email finds u well.
I am eligible for the subclass 100 but i got told because im living in australia i have to aplly for the 801 not the 100 is that right ?


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## Mish (Jan 13, 2013)

Who on earth told you that? Not it is not correct. If you hold a 309 you apply for a 100 if you hold a 820 it is an 801. It all goes on the TR visa you hold.

You should get an email from DIBP advising that the time is near.

From what I have seen generally the waiting time for a 100 is about 10 months.


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## wrussell (Dec 31, 2014)

> Also they mentioned that I can travel if it's a short trip and launch application for subclass 100 within that time period quoted above.


You have already applied.


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## sosunshinee (Jun 5, 2015)

Hi yes my ageny got the email from DIBP. But what my agency said that if i applied 309/100 on the eligible time if u are in australia onshore u will aply for 100/801 but if u are in morocco offshore u apply for 100 and they both mean the same thing 
Incase they reject my PR do i have to appeal in or i have to leave ? Im confused lol and i would like to know everything


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## sosunshinee (Jun 5, 2015)

And yes im ready to submit my application is ready and i have all the evidence. Do i have to send my payslips too or is not necessary ?


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## Mish (Jan 13, 2013)

Yes you have the right to appeal if rejected.

You don't need payslips it is all about your relationship so the same kind of stuff as the 309 - joint bank accounts, joint bills, joint travel etc

I think your agency is confused you can't switch from a 309 to a 801. A 100 and 801 can be granted anywhere in the entire world. It all comes down to if hold a 309 or 820.


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## sosunshinee (Jun 5, 2015)

Thank u so much for ur help as u always do gof bless u .&#55356;&#57143;&#55356;&#57145;
And yes i have all this kind of evidence


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## sosunshinee (Jun 5, 2015)

Is any body PR got rejected or no 
And whats the reasons that they makes their application rejected


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## sosunshinee (Jun 5, 2015)

Sorry for my fast wrong english


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## Mish (Jan 13, 2013)

I have only seen 2 rejected on this forum. There could have always been others that don't tell us.

The seasons were the usual of not believing that they were in a genuine relationship. If you have the evidence majority of the times you don't need to worry. Of course at the end of the day DIBP officers are human and occasionally make mistakes but I am unsure if that is because not enough evidence was supplied.


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## sosunshinee (Jun 5, 2015)

The two applications that they got rejected they left the country or stayed and appeal. Did they got granted after??


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## Mish (Jan 13, 2013)

I believe 1 appealed and the other opted to do a new application offshore as it would be faster.


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## sosunshinee (Jun 5, 2015)

Ah ok thanks mish i appreciate ur help &#55357;&#56842;&#55357;&#56842;


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## sosunshinee (Jun 5, 2015)

I will keep bothering when ever i have some questions thanks mish


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