309 Visa – Temporary Offshore Partner Visa

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.
• I got my partner visa refused, what should I do and will I get the refund from it?
  • There are many reasons causing a 309 visa refusal but the most common one is insufficient documents.
  • If it is refused, unfortunately there’s no refund. You need to decide whether to appeal, or to apply again. When you appeal it, the Administrative Appeals Tribunal (AAT) will review your partner visa application again.
• How much it will cost me to apply?
  • The visa fee for the main applicant is AUD 8,850. The fee for additional applicant over 18 years old is AUD 4,430 while the additional applicant under 18 years old is AUD 2,215.
  • Be noted that the visa application charge might change in July every year.
• 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.
• Can I include my family members?
  • Yes, you can. Your family members would need to meet the character and health requirements as well.
• How long is the processing time for this visa?
  • For the stage 1, which is the 309 visa, it may take between 20-34months, while the permanent stage (subclass 100) can take between 18-29 months.
  • It depends on each person’s circumstances. If you don’t fill the information correctly, the processing time might be longer.