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Step-by-Step Guide to an Australia Partner Visa 309 


May 26th, 2024 at 06:04 am

Step-by-Step Guide to an Australia Partner Visa 309

If you want to rejoin with your husband or de facto partner in Australia, the Australian Partner Visa allows you to do so.

A partner visa in Australia permits the spouse or de facto partner of an eligible New Zealand citizen, Australian citizen, or permanent resident to reside in the country temporarily or permanently. This visa allows you to live, work, and study in Australia while also having access to the public healthcare system, Medicare.

The Department of Home Affairs provides many sorts of partner visas for both offshore and onshore candidates, which include:

  • Offshore Partner Visas (subclasses 820 and 801)
  • Onshore Partner Visas (subclasses 309 and 100)

In this blog post, I’ll go over an onshore partner visa subclass 309, including eligibility conditions, application process, processing time, and fee costs.

What is the Partner Visa 309 in Australia?

The Partner (Provisional) visa subclass 309 allows the de facto partner or spouse of an eligible New Zealand citizen, Australian citizen, or permanent resident to live in Australia temporarily. A partner visa 309 leads to a permanent partner visa (subclass 100).

What are the eligibility requirements for applying for a 309 Partner Visa in Australia?

To apply for a 309 partner visa in Australia, you must meet the following eligibility criteria:

Age requirements

You must be at least 18 years old while applying for a partner (provisional) visa (subclass 309).

Relationship Requirements for the 309 Partner Visa.

You must be the spouse or de facto partner of a qualified New Zealand citizen, Australian citizen, or permanent resident. Your relationship must be genuine and ongoing throughout the application and decision-making process. Furthermore, you may be in a relationship with someone of the same or opposite sex.

For Married Applicants.

If you are married, your marriage must be recognized by Australian marriage law.

  • You and your partner must maintain a true and continuing relationship.
  • You must live together or do not live apart indefinitely.
  • Your relationship should not be tied to family.

Before applying for a 309 partner visa in Australia, you should contact the relevant state or authorities to determine whether your marriage complies with Australian regulations.

For De Facto Partners

To qualify as a de facto partner, you must meet the following criteria:

  • You must not be married to your companion.
  • You and your lover must have a genuine relationship.
  • You should not be living apart from your lover indefinitely.
  • You and your de facto partner must not be related through family.
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Important considerations for a de facto relationship

When applying for a partner visa in Australia, you must typically have been in a de facto relationship for at least 12 months. The Department will not count any time spent dating or in an online relationship.

The 12-month term requirement will not apply in the following circumstances:

  • If you give the Department strong reasons.
  • If your de facto partner holds a permanent humanitarian visa.
  • You have registered your relationship with a state authority in Australia.

Sponsorship requirements

Candidates applying for a 309 partner visa must have a sponsor both when the application is submitted and when the visa is granted. Typically, your sponsor is your partner and must be approved by the Department of Home Affairs.

Keep in mind this:

You can’t alter your sponsor. For example, the individual who sponsored you for 309 must also sponsor you for subclass 100.

Immigration History

The Department of Home Affairs will review your immigration history and may reject your application if you have a history of visa cancellations. However, in some cases, you can still apply for a permanent partner visa.

Character and Health Requirements

You must have a good moral character to apply for a partner visa in Australia. Furthermore, you must be in good health and free of any diseases that may endanger the Australian community.

What is the application process for a Partner Visa 309 in Australia?

The application process for a 309 partner visa is complex and stressful. To avoid visa cancellation or refusal, you must thoroughly grasp it before completing your application. Here’s how to apply for a partner visa (subclass 309) in Australia:

  • Step 1: Determine your eligibility.
  • Step 2: Collect all required documentation.
  • Step 3: Apply for a visa.
  • Step 4: Wait for the visa results.

Step 1: Check Your Eligibility.

It is the initial stage in applying for a partner visa 309 in Australia. You must be the partner of an Australian citizen, permanent resident, or New Zealander.

You can also appoint someone to assist with immigration. However, keep in mind that the individual must be a registered migration agency or legal practitioner.

You may also contact us at The Migration for genuine visa consulting and application submission assistance.

Step 2: Collect and organize your documents.

Organize all the necessary and supporting paperwork for a 309 partner visa. Check out the checklist for partner visa subclass 309.

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Identity Documents

  • The birth certificate includes the names of both parents.
  • A National Identification Card, or NIC.
  • Pages of the current passport containing all relevant information.
  • Evidence of a name change, if appropriate.

Health and Character Documents

  • Medical exam certificate
  • If you have ever served in the military, keep your service records.
  • A valid abroad police certificate for each country where you spent a year.

Relationship Evidence

  • Documents showing that your dependents are under or over the age of 18.
  • Documents demonstrating joint responsibility of dependents.
  • Household bills, shared bank statements, and loan documentation.

Step 3: Apply for the 309 Partner Visa.

You must be outside of Australia to apply for a partner visa 309 in Australia. To apply online for subclass 309, follow the steps below:

  • Create an online account at the ImmiAccount website.
  • Log into your account and choose “New application.”
  • Click on “Family” and then “Stage 1: Partner or Prospective Marriage Visa”.
  • Download the application form and complete it correctly, including all the required information.
  • Attach all required documents, pay the application money, and then submit the form.

Step 4: Wait for Visa Outcome.

After you have paid the application cost, you must wait for the visa results. When the Department of Home Affairs determines the status of your temporary visa application, you may be in or out of Australia.

You may still be eligible for a temporary or permanent visa if your relationship ends or your spouse dies, but you must remain in Australia.

If the Department approves the application:

They will supply you with details, such as:

  • The visa grant number.
  • Start and expiration dates for your visa.
  • Other Visa Conditions

However, if the Department rejects your application.

They’ll inform you about:

  • The reasons for your visa refusal.
  • Whether or if you have the right to review the decision.

Note: The visa application money is non-refundable, thus if your application is denied, the Department will not return it.

What is the processing time for a 309 Partner Visa in Australia?

The average processing period for a companion (provisional) visa under subclass 309 is 5 to 32 months. However, it varies based on your personal circumstances, the quality of your visa application, and the number of applications being processed.

  • 25% of applications are processed within six months.
  • Within ten months, fifty percent of applications are processed.
  • 75 percent of applications are processed within 15 months.
  • 90% of applications are handled in under 29 months.
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What is the fee for a Partner Visa (subclass 309)?

The fee for a 309 partner visa application is roughly AUD8,085 for the primary applicants. Other expenses could include medical exams, character certifications, or document translation fees. The following table summarizes the visa costs for 309 partner visas, including for primary and extra applicants:

Visa category For main applicant For additional applicants
Subclass 309/100 visa AUD 8,085 Under 18: $2,025Over 18: $4,045

 

Closing thoughts

So, there you have it—a detailed guide on obtaining a 309 partner visa in Australia. By now, you should be familiar with a partner visa (subclass 309), its eligibility requirements, the application process, processing time, and visa fee. So, act sensibly and seize this opportunity to reunite with your partner.

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