If you are a de facto partner or in a committed and serious relationship with an Aus citizen, permanent resident, or eligible New Zealander, the provisional partner visa 309 is your first ticket to Australia to be with your spouse. Need help processing your requirements? Consult with a Parish Patience immigration specialist today!
If you have an Australian de facto spouse and want to be with your partner in Australia, you can apply for a subclass 309 partner visa offshore as your major first step to becoming a permanent Australian resident.
A partner visa subclass 309 allows you to:
For your visa partner 309 application to be successful, you must fully satisfy the following key requirements:
One of the most important eligibility requirements of this visa is proving you are in a genuine and serious relationship with your partner or spouse. You can be either married already or plan to in the future.
You can get a 408 visa in Australia if you are a professional sports player, coach, or instructor for an Australian team. You can also participate in structured training programs locally and internationally with this visa.
You can get a 408 visa in Australia if you are a professional sports player, coach, or instructor for an Australian team. You can also participate in structured training programs locally and internationally with this visa.
However, it’s essential to note that the time you were dating or in an online relationship will not count. Meanwhile, you can bypass the 12-month relationship requirement If you can provide exceptional circumstances or compelling reasons that will convince the Department that you must be granted a provisional partner visa 309.
The 12-month relationship condition is also not applicable for the following circumstances:
Finally, the 12-month relationship length will not apply if:
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There are two things you must bear in mind when applying for a partner provisional visa subclass 309: lodgement must be done online and offshore (outside Australia). But you can be both onshore and offshore once a visa decision has been made.
You can also apply for both temporary (subclass 309) and permanent (subclass 100) visas at the same time. You will first be assessed for the temporary partner visa and, two years after your 309 visa grant, you will be evaluated for the permanent partner visa. By then, you must remain in a committed and continuing relationship with your de facto partner.
If you have been in a long-term relationship with your Australian partner for three (3) years, or two (2) years if you have a dependent child, chances are high that you will be granted both visas during your combined application and become a permanent Australian resident.
According to latest reports, the average processing time for partner visa 309 applications ranges from five (5) to 32 months.
For the main applicant, the estimated application cost is A$8,850. Note that you may also pay for other fees for health examinations and character checks, and other requirements relevant to your application.
To reiterate, these processing times and costs are just approximations. Processing your application may take even longer if there is a high volume of applicants or if you submitted missing or incorrect information. Costs are also subject to change anytime without prior notice.
For the most up-to-date information, visit the official website of the Department of Home Affairs or contact a visa professional from Parish Patience for proper recommendations.
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The processing of visas regardless of type can feel a bit too much to handle without a professional’s help. Ensure the success of your partner visa 309 with excellent assistance from migration specialists at Parish Patience. With decades of combined experience in all areas of Australian immigration law, you can have full peace of mind that your visa will be granted as soon as possible and without unnecessary delays.
The first step is calling us for an appointment. We want to get to know you, your case, and your overall eligibility. Get in touch with us today and receive professional visa advice and assistance from one of our award-winning lawyers and registered migration specialists!
Have other questions about this type of visa? We gathered and answered some of the most
frequently asked questions below.
You are qualified to apply for and be granted an Australian partner visa subclass 309 if you are in a serious de facto relationship with an Australian partner who’s also your sponsor. You must at least be together for 12 months or longer. Application must be lodged online and offshore.
You can lodge a combined application for both temporary (subclass 309) and permanent (subclass 100) visas. You can also be granted both visas if you have been in a long-term de facto relationship (at least 3 years, or 2 years if you have a child together) with your Australian partner, and provided you satisfy all other eligibility requirements.
You are officially a holder of a partner provisional visa 309 and wait to have your permanent partner visa processed after 2 years. Your subclass 309 visa will be valid until the Department releases a decision on the second stage of your partner visa application, which is for the permanent partner visa subclass 100.
Both are partner visa types, but subclass 820 is for onshore applicants while the subclass 309 is for offshore applications.
Proving the genuineness and meeting the minimum length of your relationship (at least 12 months) are key partner visa 309 requirements. You must submit ALL documents that you think will support your application and convince the Department that both you and your Australian partner are, as a matter of fact, in a serious relationship.