Partner Visas 309 and 100 are for those who seek to move to Australia because of a marriage or de facto relationship. If you are engaged, married, or in a de facto relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen of the same or opposite sex, you may be eligible for partner visa 309 and the subsequent partner visa 100 to live permanently in Australia with your spouse or partner.
When you are outside of Australia, you must apply for both the Subclass 309 and the 100 Partner visas at the same time, and they will be evaluated and granted in two stages for non-long-term partner relationships. When at least two years have passed from the date of the Subclass 309/100 Partner visa application, Subclass 100 Partner (Permanent) visa processing will commence. This attempts to ensure that only partners in a genuine and committed relationship are eligible to become permanent residents of Australia.
Who Is Eligible for the Partner Visa Subclass 309?
To apply for the 309 Visa, you must have a sponsor who is a permanent resident of Australia. You and your companion must also satisfy the following criteria:
- Your partner must be a citizen of Australia, a permanent resident, or an eligible New Zealand citizen.
- In the previous five years, your spouse must not have filed for or received a Prospective Marriage Visa or Partner Visa.
- Character standards must be met by both you and your companion. There must be no criminal charges against either of you involving minors.
- Your partner and you must be in a committed, monogamous relationship.
What is the procedure for obtaining a provisional partner visa?
- If you are married to or in a de facto relationship with an Australian citizen or permanent resident, or an eligible New Zealand citizen, and you are stationed abroad, you may consider applying for a partner visa 309 as a possible pathway to permanent residence in Australia.
- The application is a two-step procedure in which you must apply for both a temporary visa (subclass 309) and a permanent visa (subclass 100 visa) at the same time. You will first be evaluated If you are granted the temporary subclass 309 visa, you will be able to enter and live in Australia while Immigration reviews your application for permanent residence.
- The combined subclass 309/100 application must be submitted from outside Australia, and you must also be outside Australia at the time the temporary visa is granted. You can apply for the subclass 100 visa from either within or outside of Australia.
- You will be evaluated for the subclass 100 visa two years after submitting your application. It is important to note that Immigration will confirm whether you continue to fulfil the visa grant conditions for the partner visa as part of its review of your subclass 100 visa application. One critical component of this evaluation is whether you are still married or in a de-facto relationship with your Australian partner.
Checklist of Documents for Partner Visa Subclass 309:
When applying for the 309 Visa, you must include scanned copies of the following documents:
- The personal information page of your passport includes your photo and expiration date.
- Your national identification cards.
- Your birth certificate includes the names of both of your parents. If you do not have your birth certificate, a family book or a government-issued identity document would suffice.
- If you are married, you should carry a Marriage licence.
- Documents demonstrating that you and your partner share funds. Joint bank statements, loans, mortgages, and so on.
- Documents demonstrating that you and your spouse share household responsibilities. Include a letter outlining how you split chores, utility bills in both of your names, mail addressed to both of you, proof of shared custody of your children, and so forth.
- Documents demonstrating your and your partner’s commitment to one another. Phone records or messages demonstrate that you keep in touch even while you are away, your will terms, and so on. You may also be required to participate in an interview to demonstrate that you are familiar with each other’s backgrounds, families, and other personal topics.
Processing Time for Partner Visa 309:
The great majority of 309 Visa applications are processed in under 16 months. Some people may need up to 22 months. It may take considerably longer if you do not provide the required papers or if the Department of Home Affairs takes an unusually long time to verify your information.
You can fly to Australia once your visa application has been processed and a decision has been made.
What is the cost of the 309 Partner Visa?
The 309 Partner Visa starts at AUD 7,850 for the primary applicant. If you have dependents applying with you, you must also pay the following fees:
- Each dependant over the age of 18 costs AUD 3,930.
- Each dependant under the age of 18 costs AUD 1,965.
How long do you have toapply for permanent residency?
You must submit extra evidence to the DHA two years after acquiring the 309 Visa to obtain the Permanent Partner Visa (Subclass 100). You must show that you and your partner were in a committed, exclusive relationship and lived together during this time.
Can my children apply with me?
Yes, you may include your children as dependents on the 309 Visa; you will all acquire visas and go to Australia together. You may also add a dependant after submitting your visa application but before receiving a decision. To do so, fill out Form 1436 “Adding an extra applicant after lodgement” and attach it to your application.
If you want to apply for Partner Visa 820 then you can get the information by visiting us or contact us at hello@v4migrationservices.com.au.
FAQs
This visa is available to an overseas partner of an Australian citizen, permanent resident, or eligible citizen who is outside Australia has been living with their spouse for at least 12 months, and can support themselves without any government help. You will be exempt from health, character, and security checks. You will also not need to meet English language requirements as long as your spouse has met them.
Partner Provisional Visa 309 applicants will first apply for a subclass 160 (spouse) visa at an Australian overseas mission or a consulate in their home country. If they are outside Australia when this application is approved, they can travel to Australia as an ‘Outward Resident.’ They will also be required to lodge their subclass 309 application in person within 30 days of arrival at the nearest office of the Department.
The decision to apply for a Partner Provisional and Migrant visa subclass 309 shouldn’t be taken lightly. Applying too early may risk wasting your time, money, and emotional energy as your visa could be refused at any stage. If you are not currently living with your partner or their family, it’s recommended that you wait until this requirement has been met before applying. If this requirement has been completed, there is no set time limit on when to apply for the visa. Still, it is recommended to wait until after receiving an invitation from the Australian Immigration Department before making an application.
The cost of getting a Partner Provisional Visa 309 depends on how long your partner’s visa is. For example, a provisional partner will have to pay AU$1,250, while a migrant partner will have to pay AU$500. The Australian government gives indefinite leave to stay for partners on a subclass 309 visa that pays the higher fee and provides evidence of marriage registration or de facto partnership.
If your application for Partner Visa 309 is rejected, you can reapply and make a second attempt to meet all requirements. However, you will be charged an additional fee for the new application. You will also be ineligible for any initial visa application fee refund if it has been more than 12 months since you paid it.
The following documents are required for all applicants: Copy of passport showing current residency status, evidence of relationship to partner, copy of partner’s birth certificate, evidence of applicant’s income and/or assets, and any other dependents. Evidence may include payslips, a letter from the employer detailing hours worked per week and annual salary, bank statements, proof of ownership or co-ownership of property, etc.
Whether or not to include your partner in the application for an Australian provisional, temporary, or Partner Provisional Visa 309 will depend on several factors. For example, if your partner is already in Australia, then your decision may be that it’s simpler just to convert their visa to a Subclass 309. This way, they won’t have to leave and return when their visa expires.