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.
Contact us now to get started!
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