Australia Partner Visa – Subclass 309
Partner Visa Subclass 309 – Australia Offshore Spouse & De Facto Visa
The Partner Visa Subclass 309 is a temporary offshore visa that allows the applicant to enter Australia and live with their partner while their permanent partner visa application is being processed. Spouses or de facto partners of an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen are eligible to apply for this temporary visa.
Obtaining the Partner Visa Subclass 309 is the first stage of Australia’s two-step partner visa process. Being an offshore visa, applicants must be outside Australia at the time of application and at the time the visa is granted.
Who Can Apply for Partner Visa Subclass 309?
Applicants who are in a genuine and ongoing relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen can apply for the Partner Visa Subclass 309.
The eligibility requirements for applicants include:
- Being 18 or above in age.
- Having a sponsoring partner who meets the sponsorship criteria.
- Being married to, or in a de facto relationship with, an eligible sponsor.
- Being outside Australia at the time of application and visa grant.
- Meeting health and character requirements laid out by Australian immigration authorities.
Eligible Relationships for Subclass 309
To be eligible for application, the applicant must be in a genuine, ongoing, and recognised relationship under Australian law. Sufficient evidence must be provided to demonstrate that the relationship is genuine and not entered into solely for migration purposes.
The following relationship types are accepted:
Married spouse:
The sponsor and applicant must be legally married, and the marriage must be recognised under Australian law.
De facto partner:
The applicant and sponsor must be in a de facto relationship, including same-sex relationships. Relationships of this type, in most cases, require proof of living together for at least 12 months, unless an exemption applies.
Benefits of Partner Visa Subclass 309
Partner Visa Subclass 309 provides many practical benefits for applicants while they wait for their permanent visa to get processed.
Key benefits include :
- The right to live in Australia while waiting for a decision on the permanent Partner Visa Subclass 100.
- Permission to study in Australia.
- Full work rights without employment restrictions.
- Permission to travel in and out of Australia multiple times while the visa is valid.
- Access to Medicare, subject to meeting the relevant conditions.
Partner Sponsorship Criteria
To sponsor the Partner Visa Subclass 309, the sponsor has to meet specific criteria set by Australian immigration authorities.
The sponsor:
- Has to be an Australian citizen, Australian permanent resident, or eligible NZ citizen.
- Must be at least 18 years old.
- Meet character requirements.
- Must not have sponsored multiple partners previously (limitations apply).
Documents Required for Partner Visa 309
Australian immigration authorities require certain supporting documents to demonstrate identity, eligibility, sponsorship and the genuineness of the relationship. All documents produced have to be accurate, complete and provided as per Australian immigration guidelines.
- Applicant Documents
- Valid passport
- Birth certificate or proof of identity
- Evidence of name changes (if applicable)
- Police clearance certificates
- Health examination reports
- Passport-sized photographs
- Sponsor Documents
- Proof of Australian citizenship/permanent residency/ eligible New Zealand citizenship.
- Proof of identity
- Character documents (police checks, if required)
- Sponsorship declaration
- Relationship Evidence Includes
- Marriage certificate if married.
- Evidence of a de facto relationship if unmarried.
- Joint financial documents.
- Evidence of shared household arrangements.
- Statements describing the relationship.
- Supporting evidence from family and friends.
How to Apply for a Subclass 309 Visa?
The Partner Visa Subclass 309 application follows a structured process set by Australian immigration authorities. An outline of the application steps is provided below:
Step 1
Applicants must lodge the application online through the Australian immigration portal.
At the time of application and at the time of visa grant, the applicant must be outside Australia.
Step 2
The sponsor must submit a separate sponsorship application.
Step 3
All required documents must be uploaded online.
Step 4
Police clearances and health examinations must be completed as instructed.
Step 5
The visa application charges must be paid at the time of submission.
Step 6
Immigration authorities may request additional information during processing.
Processing Time for Partner Visa Subclass 309
Partner Visa Subclass 309 application processing times vary from several months to over a year based on individual circumstances.
Factors influencing processing time include:
support applicants during processing and respond to any requests from the Department of Home Affairs.
- Quality of relationship evidence.
- Verification checks.
- Additional documents requested by Australian immigration authorities.
Partner Visa Subclass 309 Cost
Cost for Partner Visa Subclass 309: AUD 9,365.00.
These figures are set by the Department and updated periodically. Hence, checking the official website of the Department of Home Affairs is of utmost importance.
How does an Australian immigration consultant help?
There are many procedures and documents involved in applying for a Partner Visa. The process often spans over a year, and understanding the various immigration terms and common mistakes can make the difference between a smooth experience and a delayed, complicated one.
This is where an Australian immigration consultant in Dubai helps applicants understand eligibility requirements and select the correct visa pathway for Partner Visa Subclass 309.
Consultants also guide families through health checks, consent requirements, and communication with the Department of Home Affairs during processing.
Frequently Asked Questions
What is Partner Visa Subclass 309
Partner Visa Subclass 309 is a temporary offshore visa that allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live, work, and study in Australia while awaiting permanent residency under Subclass 100.
Can I work in Australia on a Partner Visa 309?
Yes, Partner Visa Subclass 309 allows holders to work in Australia without restriction.
Can I apply for a Subclass 309 Visa from Australia?
No, being an offshore visa, applicants must be outside Australia at the time of application and visa grant.
Can I travel in and out of Australia on a 309 visa?
Yes. Subclass 309 allows multiple entries to Australia while the visa is valid.
Do I need to be married to apply for Partner Visa 309?
No. You can apply as a married spouse or de facto partner, including same-sex relationships, provided eligibility requirements are met.
How long is the Partner Visa 309 valid for?
The visa remains valid until a decision is made on Subclass 100, typically this takes around 2 years from application date.
Difference Between Subclass 309 & Subclass 100.
Subclass 309 is a temporary offshore partner visa that allows the applicant to live, work, and study in Australia while awaiting a permanent decision. Subclass 100 provides permanent residency and a pathway to citizenship after the grant of Subclass 309.
Frequently Asked Questions
What is Partner Visa Subclass 309
Partner Visa Subclass 309 is a temporary offshore visa that allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live, work, and study in Australia while awaiting permanent residency under Subclass 100.
Can I work in Australia on a Partner Visa 309?
Yes, Partner Visa Subclass 309 allows holders to work in Australia without restriction.
Can I apply for a Subclass 309 Visa from Australia?
No, being an offshore visa, applicants must be outside Australia at the time of application and visa grant.
Can I travel in and out of Australia on a 309 visa?
Yes. Subclass 309 allows multiple entries to Australia while the visa is valid.
Do I need to be married to apply for Partner Visa 309?
No. You can apply as a married spouse or de facto partner, including same-sex relationships, provided eligibility requirements are met.
How long is the Partner Visa 309 valid for?
The visa remains valid until a decision is made on Subclass 100, typically this takes around 2 years from application date.
Difference Between Subclass 309 & Subclass 100.
Subclass 309 is a temporary offshore partner visa that allows the applicant to live, work, and study in Australia while awaiting a permanent decision. Subclass 100 provides permanent residency and a pathway to citizenship after the grant of Subclass 309.