The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

9.2.5 Visa subclasses 300-399 payment eligibility

Introduction

Note: The information below has been compiled by DSS as a guide only. It only covers residential qualification for social security payments and concessions for the specified visa subclasses. Visa holders must also meet other qualification requirements to receive a payment or concession card.

Visa subclasses and their conditions are the responsibility of the Department of Home Affairs. Please check the Department of Home Affairs website for any updates to visa details.

Payment eligibility

Visa subclass number Visa name Permanent residence visa AoS Sponsored/ nominated Payments & concession cards residentially qualified for Additional information
300 Prospective Marriage No - temporary No AoS (from 1 January 2012) Sponsored Not residentially qualified -
301 Australian Requirement No - temporary No AoS Not sponsored Not residentially qualified This visa is no longer issued and was repealed in August 1994.
302 Emergency (Permanent Visa Applicant) No - temporary No AoS Not sponsored Not residentially qualified This visa is no longer issued and was repealed on 22 March 2014.
303 Emergency (Temporary Visa Applicant) No - temporary No AoS Not sponsored Not residentially qualified This visa is no longer issued and was repealed on 22 March 2014.
305 Interdependency No - temporary No AoS Not sponsored Not residentially qualified This visa is no longer issued and was repealed in July 1995.
309 Partner (Provisional)
(from 1 July 2009)

Previously: Spouse (Provisional)
(until 30 June 2009)

 No - temporary No AoS (from 1 January 2012) Sponsored Access to SpB, FTB, PLP and HCC

NARWP applies (Note A)

Applicant for a permanent visa subclass 100.

See also Note B for further information.
310 Interdependency (Provisional) No - temporary No AoS (from 1 January 2012) Sponsored Not residentially qualified

This visa is no longer issued and was repealed on 1 July 2009

Further detail in (Note B).

Notes

Note Explanation
A

Residential qualification

Holders of the visa subclass 309 qualify for:

  • SpB, FTB and PLP due to Ministerial determinations made under the SSAct section 729(2)(f)(v) and
  • HCC due to Ministerial determinations made under SSAct section 1061ZO(7).

Policy reference: SS Guide 3.7.1.10 Qualification for SpB, 3.9.1.20 Qualification for LIC

NARWP

A NARWP (1.1.N.70) of between one to 4 years may apply to all of the above payments and concession cards. Payments subject to a NARWP are payable only if the person has either served, or is exempt from, the NARWP. Concession cards subject to a NARWP can only be issued if a person has either served, or is exempt from the NARWP.

There was previously a NARWP exemption for SpB for family members of an Australian citizen or permanent resident. This exemption ceased to apply to holders of 309 visas from 1 July 2012.

There was also a NARWP exemption for the HCC for family members of an Australian citizen or permanent resident. From 1 January 2017, this NARWP exemption for 309 visa holders was revoked. However, a person continued to be eligible for the card if they were granted a HCC NARWP exemption prior to 1 January 2017 and had continuity of entitlement post 1 January 2017.

Policy reference: SS Guide 3.1.2.40 Newly arrived resident's waiting period (NARWP), 3.1.2.43 Exemptions from the NARWP

FA Guide 2.1.2.10 Residence requirements

PPL Guide 2.4.1 Australian residency test for PLP

Other eligibility

Holders may be eligible to be listed as a dependent on a PCC or HCC, if the person's partner is the holder of either one of these cards.

Holders may also be eligible for CCS.

Act reference: SS(Admin)Act section 240B(5) The Minister may, by legislative instrument, declare that a person who …

Policy reference: FA Guide 2.6.2.20 CCS - Australian residency exceptions
B With the commencement of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Act 2008 on 1 July 2009, the Migration Regulations 1994 were amended to replace 'spouse' with 'partner'. Spouse visas (subclasses 309/100 and 820/801) and Interdependency visas (subclasses 310/110 and 826/814) were replaced by new Partner visas (subclasses 309/100 and 820/801) from 1 July 2009.

Applications lodged before 1 July 2009, which met the eligibility requirements, were granted a Spouse or Interdependency visa at both the temporary and permanent stages of the application after 1 July 2009.

Applications received after 1 July 2009 for Interdependency visa subclasses 310/110 were processed as an application for the Partner visas (subclasses 309/100 and 820/801).

Last reviewed: