309 Visa – Temporary Offshore Partner Visa Requirements 2024
What is a 309 Visa?
309 visa is an offshore Partner Visa allowing you to live in Australia temporarily as the de facto partner or spouse of an Australian citizen, permanent resident or eligible New Zealand citizen. 309 Visa is the first step towards getting permanent residency through the 100 visa. This content will cover everything you need to know about Partner Visa 309, including the requirements, processing time, cost, and application processes.
Am I eligible for a 309 Visa?
To ensure your eligibility for 309 Visa, you must meet the following requirements:
- You must be at least 18 years of age.
- You must be in a de facto relationship or married to an Australian citizen, permanent resident or eligible New Zealand citizen.
- You must be outside of Australia when you apply for the visa
- You must provide a valid marriage certificate as proof of marriage.
- Your de facto relationship must have existed for at least 12 months immediately before you apply for the visa, if you apply on de facto relationship basis.
- The 12-month requirement will not apply if you have registered your relationship with an Australian authority.
- Your partner is your sponsor.
- You meet health and character requirements.
- You must not have any debt to the Australian Government. If you or any family members owe the Australian government money, you or they must have paid or arranged to pay it back.
- The Department might not grant this visa if it is not in the best interests of an applicant under 18.
Does my partner meet the sponsorship requirements?
Your partner, as the sponsor for your 309 Visa, must meet the following requirements:
- They are either an Australian citizen or Australian permanent resident or eligible New Zealand citizen.
- They did not sponsor any partners for a Partner Visa or Prospective Marriage Visa in the last 5 years.
- They were not granted a Partner Visa or Prospective Marriage Visa in the last 5 years.
- They were not convicted for relevant offences or have significant criminal records.
Can my boyfriend or girlfriend be considered as my de facto partner?
It depends. If you have lived on one roof with your boyfriend or girlfriend for at least 12 months, then you can claim them as your de facto partner.
But if you’re dating your Australian boyfriend or girlfriend casually, and never live together with them, they can’t be considered as your de facto partner.
If certain situations hinder you from living together with your Australian boyfriend or girlfriend, like a de facto relationship isn’t permitted in your country, consider registering your relationship to the state where your boyfriend or girlfriend lives. It can strengthen your 309 Visa application on the basis of de facto relationship.
What is the difference between Partner Visa 309 and Partner Visa 100?
The main difference between 309 Visa and 100 Visa lies in the validity period. 309 Visa is a temporary visa, meaning that there will be an end to its validity period. Meanwhile, 100 Visa is a permanent visa, meaning that the visa will be valid for lifetime.
You will also lawfully become a permanent resident when you hold visa 100, which surely comes with more benefits rather than holding the 309 visa.
Partner Visa 309 Five Steps Application Process
Step 1: Check your eligibility for the visa
The first thing you need to do is to check if you have met all requirements for Partner Visa 309.
Be noted that failure in meeting the Partner Visa 309 requirements will lead you to refusal. We can help you to check whether you’ve met the eligibility.
Also, you may consider to get professional assistance from a registered Australian Migration Agent for a straightforward application process.
Step 2: Gather your documents
Once you have met all the criteria and requirements, you need to start preparing documents and applying for a Partner visa (subclass 309).
Note that the required documents for marriage based and de facto relationship based Partner Visa (subclass 309) is different.
Step 3: Submit application
Once you’ve gathered all documents, you can submit your 309 Visa application through the online portal, IMMI Account. Ensure that you have all required documents and the Partner Visa 309 cost in hand.
Don’t forget to submit the sponsorship application too. You can use the same IMMI Account for sponsorship application.
Step 4: Wait for the decision
The processing time varies, depending on each case. While waiting for the decision, you can keep uploading evidence of your relationship regularly.
Step 5: Visa outcome
The Department of Home Affairs will notify you in writing whether they grant or refuse your 309 Visa application.
If your 309 Visa is granted, you can come to Australia immediately and live in the country legally until the decision for your 100 Visa application is made.
But, if your 309 Visa is refused, you still have the chance to review the decision to the Administrative Appeals Tribunal or submit a new 309 Visa application.
Why is sponsorship application mandatory?
The sponsorship application is mandatory to assess your partner’s eligibility to sponsor you a 309 Visa. The Department of Home Affairs requires you to lodge an online application for the sponsorship through IMMI Account.
If the Department of Home Affairs found your partner did not meet any of the requirements, like your sponsor was convicted for relevant offences or has a significant criminal record, the chance for sponsorship approval will be low. Unless compelling or compassionate reasons are in place.
Partner visa checklist 309
The document checklist for Partner Visa (subclass 309) is differ for the applicant, sponsor and to evident the relationship:
- Partner Visa 309 checklist for applicant:
- Identity documents;
- police clearance from home country;
- police clearance from other countries where the applicant has lived for 12 months or more;
- evidence of citizenship status at home country;
- passport-sized photograph
- Partner Visa 309 checklist for sponsor:
- Identity documents;
- Australian Federal Police Certificate;
- Police certificate from other countries where the sponsor has lived for 12 months or more;
- evidence of status as a citizen or permanent resident or eligible New Zealand citizen;
- passport-sized photograph.
- Partner Visa 309 checklist to evident the relationship:
- financial aspect – i.e.joint bank account, evidence of income, etc.
- household aspect – i.e. joint utility bills, joint rent agreement, etc.
- social aspect – i.e. photos with family or friends, documentation of joint travel, documentation of joint social events, etc.
- commitment to the relationship – i.e. marriage certificate, evidence of de facto relationship, etc.
Find the complete Partner Visa 309 Checklist: Document Checklist For Australian Spouse Visa 2024
How long is the processing time?
The processing time for a subclass 309 visa is around 13 months to 32 months. But, it might take a longer time to process if you don’t fill the application correctly or you don’t include all the documents that are required.
The processing time might change depending on the visa backlog, too. So, it’s best to check the processing time regularly through link below:
So, how long does it take to get Partner Visa 309 and Partner Visa 100?
As mentioned above, the processing time for Partner Visa 309 is around 13 to 32 months. Meanwhile, the processing time for Partner Visa 100 is around 11 to 45 months.
If we take the shortest processing time, it might take at least 3 to 4 years to get both Partner Visa 309 and Partner Visa 100. But the processing time for Partner Visa 309 or Partner Visa 100 might take longer depending on your case complexity or if you provided insufficient documents.
Can I get the 309 Visa and 100 Visa at the same time?
In certain cases, it’s possible. Generally, if you’re in a long and committed relationship, the Department of Home Affairs may grant you the 309 Visa and 100 Visa at the same time.
For example, you have been married with your Australian spouse for more than 3 years or when you have been in a de facto relationship more than 2 years and have children with your partner.
Can I visit my partner in Australia while waiting for my 309 Visa decision?
Yes, you can. You can visit your partner by applying for a Visitor Visa which, if successful, will allow you to visit your partner for around 3 months at least. Be noted that you must meet all requirements for a Visitor Visa, including the Genuine Temporary Entrant requirement. Also, you must assure the Department of Home Affairs that your purpose is only for visiting your partner on a temporary basis, in line with the purpose of the Visitor Visa being granted for.
Don’t forget to update your details on your 309 Visa application when you’re in Australia. It’s to ensure that you won’t miss any updates or correspondence regarding your 309 Visa application.
Offshore Partner Visa 309 Cost 2024
The visa costs for Partner Visa 309 in 2024 are as follow:
| Base Application Charge | AUD $8,850 |
| Additional Applicant (Aged 18 and over) | AUD $4,430 |
| Additional Applicant (Aged under 18) | AUD $2,215 |
Be noted that the charge might change in July every year.
Can I add my children?
Yes, you can. You can add your children as the secondary applicants in your 309 Visa application. But, be noted that your children must meet the age, health and character requirements. You must also pay the additional charges as listed above for your children.
Benefits that 309 Visa offers
Once your 309 Visa is granted, you can stay temporarily in Australia until your 100 Visa decision is being made. Other than that, 309 Visa will allow you to:
- Stay in Australia until your permanent partner visa (subclass 100) is granted.
- Work and study in Australia.
- Travel to and from Australia as many times you want.
- Attend free English language classes provided by the Adult Migrant English Program if you are eligible.
- Enrol in Australia’s public healthcare scheme, Medicare.
Can a 309 Visa get refused?
Yes, it can, specifically when you’re unable to demonstrate that you and your partner are in a genuine and continuing relationship. Or else, your 309 Visa can get refused if you’re unable to meet certain requirements, such as health or character requirements.
What if my 309 Visa gets refused?
You may be given a chance to review the decision to the Administrative Appeals Tribunal. It’s best to check the review right stated on your refusal letter. Usually, you’ll be given a deadline to submit the review decision to the AAT. And be noted that the application fee is AUD 3,374.
Can my partner cancel the sponsorship?
Yes, they can. Your partner has the right to cancel the sponsorship whether during the process of your 309 Visa application or after your 309 Visa application has been granted.
In some cases, the 309 Visa application must be withdrawn or cancelled, but that is not always necessary. Either you or your partner – as the sponsor – can withdraw or request to cancel the application by writing a letter to the Department of Home Affairs.
309 Visa Frequently Asked Questions
ONEderland Consulting managing director and also registered migration agent, Indah Melindasari, B.Com (MARN 0961 448) is here to answer your Offshore Australia Spouse Visa – subclass 309 visa questions!
- When my temporary partner visa application is granted, can I directly fly to Australia?
- Sure you can. And you can start living in Australia, apply for Medicare, study, and work. But please kindly recheck the condition in your grant notification letter.
- Is there any sponsorship limitation?
- Yes, it is. The sponsor can only sponsor a maximum of 2 partners during their lifetime.
- If the sponsor has previously sponsored another partner, they need to wait at least 5 years since the date of their first visa lodgement.
- If your partner was granted the partner visa by themselves, they would need to wait at least 5 years since they lodged their previous visa.
- What would happen if my sponsor died during my visa application process? Does that mean my visa got cancelled?
- If your sponsor dies during the visa process, you may still be granted your visa.
- Before that, you need to inform the Department regarding this information. You need to provide evidence which shows your relationship will continue if your partner is still alive and you have developed close business, cultural or personal ties in Australia.
- What if my relationship has ended? What should I do with the application?
- You need to notify the Department that you are no longer in a relationship with your partner.
- As an applicant, usually, you will have 28 days to comment and provide additional information as to why your visa should be granted.
- If you are the sponsor and would like to no longer want to sponsor your partner, you need to write the letter to the Department stating that you don’t want to sponsor your partner and would like to withdraw the application.
- Can I apply this visa inside Australia?
- Unfortunately, no. This 309 visa is designed to apply from outside Australia. Therefore, you would need to be offshore when you apply and when the Department gives you the decision.
- If you would like to apply for onshore, you may consider to apply the visa subclass 820.
Quick Links Related To Subclass 309
Share This Information, Choose Your Platform!
Ready to start with your Australia Spouse Visa application?
We’ve helped couples around the world, providing high quality document work for their Australia spouse visa application.
Never put your precious relationship at risk. Let ONEderland Consulting, the best Offshore 309 visa expert in Perth handle your case.
Contact us through the form below to take the first step of bringing your partner to Australia.
“Dear Onederland team, thank you very much for your assistance in our partner visa application. I appreciate your prompt responses, meticulous attention to details, and consistent involvement in keeping me updated throughout the migration process. Your willingness to go above and beyond to ensure all requirements are covered has made the experience smooth and reassuring. Thank you once again for your excellent service!”
Talitha Irawan
Partner Visa
Indah Melindasari, B.Com
Lead Migration Agent – MARN 0961 448
By submitting my data I agree to be contacted.
