Partner Visa Subclass 309
Everything You Need to Know About the Subclass 309 Partner Visa
The Subclass 309 Partner Visa is an essential step for individuals who are married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen and wish to move to Australia. This temporary visa acts as the first stage in a two-step process toward obtaining permanent residency through the Subclass 100 Partner Visa.
This guide provides a clear overview of the eligibility criteria, application process, and other essential details you need to consider before lodging your application.
What is the Subclass 309 Partner Visa?
The Subclass 309 visa allows you to:
- Reside in Australia temporarily while your permanent residency application (Subclass 100) is processed.
- Work, study, and travel freely during this period.
This visa is ideal for couples in genuine relationships who want to start a life together in Australia.
Eligibility Criteria
To apply for the Subclass 309 visa, you must meet the following requirements:
- Age: You and your partner must be at least 18 years old (exceptions apply for married applicants).
- Relationship Status:
- You must be married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Your relationship must be genuine, continuing, and exclusive.
- If you’re in a de facto relationship, it should have existed for at least 12 months, unless exceptional circumstances apply.
- Sponsorship: Your Australian partner must sponsor you and meet specific eligibility and character requirements.
Health and Character:
You must satisfy health and character requirements, including providing police checks and undergoing medical examinations.
The Two-Step Application Process
- Temporary Partner Visa (Subclass 309)
- Lodge your application online from outside Australia.
- Submit detailed evidence supporting your relationship.
- Once granted, the Subclass 309 visa allows you to reside in Australia temporarily while your permanent visa is processed.
- Permanent Partner Visa (Subclass 100)
- Two years after submitting your initial application, Immigration will assess your eligibility for permanent residency.
- You’ll need to provide updated documents to confirm your ongoing relationship.
Eligibility Criteria
To apply for the Subclass 309 visa, you must meet the following requirements:
- Age: You and your partner must be at least 18 years old (exceptions apply for married applicants).
- Relationship Status:
- You must be married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Your relationship must be genuine, continuing, and exclusive.
- If you’re in a de facto relationship, it should have existed for at least 12 months, unless exceptional circumstances apply.
- Sponsorship: Your Australian partner must sponsor you and meet specific eligibility and character requirements.
- Health and Character: You must satisfy health and character requirements, including providing police checks and undergoing medical examinations.
Document Checklist
To ensure a smooth application process, gather the following:
- Identity Documents
- Passport and birth certificate.
- Character Documents
- Police clearances from all countries where you’ve lived for 12 months or more in the past 10 years.
- Relationship Evidence
- Proof of shared finances (joint bank accounts, property ownership).
- Social evidence (photos together, declarations from friends/family).
- Statements detailing your relationship history.
- Additional Forms
- Sponsorship form completed by your Australian partner.
- Form 888 statutory declarations from two witnesses of your relationship.
Application Costs
The cost of the combined Subclass 309/100 application is:
- Main Applicant: $9,095
- Additional Applicants:
- Under 18: $2,280
- Over 18: $4,550
Processing Times:
Processing times for the Subclass 309 visa vary depending on individual circumstances and document completeness:
- Subclass 309: 5–32 months.
Subclass 100: Assessed two years after application lodgement
Visiting Australia While Your Visa is Processed.
During the lengthy processing period, you may wish to visit your partner in Australia. You can apply for a visitor visa to stay temporarily, but you must ensure you’re outside Australia when the Subclass 309 visa is granted.
What Happens if Your Visa is Refused?
If your Subclass 309 visa application is refused, you may appeal the decision through the Administrative Appeals Tribunal (AAT). This process involves a review of your application and additional evidence, but strict deadlines apply. Acting promptly is essential to preserve your appeal rights.
Why Work with a Migration Agent?
The partner visa application process can be complex and time-consuming. A professional Registered Migration Agent in Melbourne can guide you through each step, ensuring your application is complete, accurate, and optimized for success.
Zack Ristov specializes in partner visa pathways, offering reliable, cost-effective services to help you achieve the best possible outcome.
Start Your Journey Today
For expert advice and assistance with your Subclass 309 Partner Visa application, book a confidential consultation with Zack Ristov. Let’s make your dream of starting a life in Australia a reality.
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What Is the Subclass 309 Partner Visa?
The Subclass 309 Partner Visa is a temporary visa that allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. It serves as the first step toward obtaining the permanent Subclass 100 Partner Visa. Applicants for the Subclass 309 visa must be outside Australia at the time of application.
Eligibility Requirements for Subclass 309 Partner Visa
To qualify for this visa, you must:
- Be in a genuine and ongoing relationship with your sponsor, who must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Be outside Australia when you apply and when the visa is granted.
- Meet the health and character requirements set by the Department of Home Affairs.
- Provide evidence of your relationship, such as joint financial documents, shared household responsibilities, and photographs together.
Key Benefits of the Subclass 309 Partner Visa
This visa provides several advantages, including:
- The ability to live in Australia while awaiting a decision on your permanent partner visa (Subclass 100).
- Work and study rights in Australia.
- Access to Australia’s public healthcare system, Medicare.
- Travel to and from Australia during the visa’s validity.
Steps to Apply for Subclass 309 Partner Visa
Step 1: Gather Supporting Documents
Ensure you have all necessary documents, including:
- Proof of identity, such as a valid passport.
- Evidence of your relationship, including financial, social, and household documents.
- Police clearance certificates for all countries you have lived in for 12 months or more.
Step 2: Submit Your Application
Applications are lodged online via the ImmiAccount portal. Make sure all required documents are attached to avoid delays.
Step 3: Complete Health and Character Checks
You may be asked to undergo a medical examination and provide biometrics as part of the process.
Step 4: Await Processing
The Subclass 309 visa allows you to enter and live in Australia temporarily while your application for the permanent Subclass 100 visa is processed.
Pathway to Permanent Residency
Once you hold the Subclass 309 visa, you may be eligible to apply for the Subclass 100 Partner Visa, which provides permanent residency. If you’re already in Australia, you may want to explore the Subclass 820 Partner Visa and the permanent Subclass 801 Partner Visa. For engaged couples, the Prospective Marriage Subclass 300 Visa offers an alternative route to begin your journey.
Why Choose Aussie Migration Services?
At Aussie Migration Services, we specialize in helping couples navigate the complex visa process. From preparing your application to liaising with immigration authorities, we offer comprehensive support to ensure a smooth experience.
Contact Us Today for Professional Assistance
Take the first step toward reuniting with your partner in Australia. Contact Aussie Migration Services for expert advice and guidance on your Subclass 309 Partner Visa application. Let us help you achieve your migration goals with ease.
Frequently Asked Questions
The Partner Visa Subclass 309 is a provisional visa that allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily while their permanent Partner Visa Subclass 100 is processed.
Eligibility requires being in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. Applicants must also meet health and character requirements.
Yes, you must be outside Australia when you apply for the Partner Visa Subclass 309 and when a decision is made on your application.
Processing times vary, but it generally takes between 12 to 24 months for a decision. The exact duration depends on individual circumstances and application completeness.
Yes, the Partner Visa Subclass 309 allows you to work and study in Australia without restrictions while your permanent visa application is processed.
There is no mandatory English language requirement for this visa; however, you may need to demonstrate basic proficiency for certain related processes.
Yes, you can include dependent children or stepchildren in your application, provided they meet the eligibility criteria.
Yes, you can include dependent children or stepchildren in your application, provided they meet the eligibility criteria.
Yes, the visa allows multiple entries, so you can travel freely in and out of Australia while it is valid.
Once granted, you can live in Australia temporarily while waiting for your permanent Partner Visa Subclass 100. The immigration department will contact you when it’s time to proceed with the permanent visa stage.
Bridge the distance and unite with your loved one in Australia through the Offshore Partner Visa
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