Partner Visa Subclass 309

Partner (Provisional) (Class UF) Subclass 309 Visa

The Subclass 309 Visa allows the de facto partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to move to Australia temporarily. Applicants must apply for this visa from outside Australia.

Work Rights for Subclass 309 Visa Holders
Holders of the Subclass 309 provisional partner visa have full work rights in Australia and can work anywhere in the country.

Including Family Members in the Subclass 309 Visa Application
You can include your children in your Subclass 309/100 visa application at the time of lodgement or before a decision is made. If you need to add a child after the visa is granted, you must apply for the Subclass 445 Dependent Child Visa.

Partner Visa Subclass 309 Extension
An extension for the Subclass 309 visa is not necessary, as you can remain in Australia until a decision is made on your Permanent Partner Visa (Subclass 100) or until the application is withdrawn. Once the application is lodged, it will automatically transition from Subclass 309 to Subclass 100.

Difference Between Subclass 300 and Subclass 309 Visas
The Subclass 300 visa is for applicants who intend to travel to Australia to marry their partner. They must not marry or begin a de facto relationship before arriving in Australia. For the Subclass 309 visa, the relationship must already exist, either through marriage, a de facto partnership, or a civil partnership, before applying.

Partner Visa Subclass 309 Fees
The combined application fee for both the Subclass 309 and Subclass 100 visas is A$9,095, payable at the time of application lodgement.

Subclass 309 Visa Processing Time
As of 2024, processing times for the Subclass 309 visa are:

• 25% of applications processed within 5 months
• 50% of applications processed within 10 months

Relationship Requirements for Subclass 309 Visa

• Spouse:
  To meet the relationship requirement by marriage, you and your spouse must be committed to a shared life together, excluding all others. Your relationship must be genuine, ongoing, and you must live together or not be separated permanently. Your marriage must also be legally valid under Australian law.

• De Facto Relationship (Over 12 Months):
  If you are not married, you must demonstrate a de facto relationship of over 12 months. This means you are committed to a shared life, your relationship is genuine and continuing, and you live together or do not live apart on a permanent basis. Additionally, you must not be related by family. The Subclass 309 Partner Visa Checklist outlines the necessary documentary evidence.

• De Facto Relationship (Less Than 12 Months):
  The 12-month requirement may be waived if:

  • Your partner holds or held a permanent humanitarian visa, and your de facto relationship existed before their visa was granted, with the relationship declared beforehand.
  • You are in a de facto relationship with someone applying for a permanent humanitarian visa.
  • Your relationship is registered with an Australian authority, such as a registry of births, deaths, and marriages.

Online Relationships
Time spent dating or in an online relationship may not count as meeting the de facto relationship requirement for the Subclass 309 visa.