309 Visa – Temporary Offshore Partner Visa
Subclass 309 visa is the first step towards getting permanent residency through a partner visa pathway. This offshore partner visa allows the de facto partner or spouse of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia temporarily until the Permanent Partner visa (subclass 100) is decided. Before you apply for 309 visa, you have to meet the minimum requirements for this visa.
Partner Visa Subclass 309 Brief Overview
Partner Visa (subclass 309) is a temporary visa meant for applicants residing out of Australia or offshore application. Partner Visa (subclass 309) is a linked application to Permanent Partner Visa (subclass 100).
So in general, when you’re aiming to get a permanent residency in Australia through a Partner Visa, you will be granted a subclass 309 first. Once eligible, you will be allowed to submit a subclass 100 visa application.
The detailed information on Partner Visa (subclass 309) visa eligibility and processes to subclass 100 Visa will be explained below.
Australia Spouse or De Facto Visa Subclass 309 Eligibility
- You must be at least 18 years of age or more when you apply for this visa.
- You must be in a de facto relationship or married to an Australian citizen, permanent resident or eligible New Zealand citizen.
- For couples who are in a de facto relationship, the relationship must have existed for at least 12 months immediately before you apply for the visa.
- The 12-month requirement will not apply if you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages
- Your partner is your sponsor.
- Meet health and character requirements.
Australia Spouse or De Facto Visa Subclass 309 Requirements
You must work together with your sponsoring partner in providing all requirements for the subclass 309 visa, such as:
- Proof of your mutual commitment to each other;
- Proof of your relationship’s financial circumstances;
- Proof of your relationship’s social circumstances;
- Proof of your relationship household circumstances;
There are a lot of documents that you must provide for this application, so it would be best to discuss it directly with the professional registered migration agent.
Partner Visa 309 or De Facto Visa Application Process
When you apply for a partner visa (subclass 309), you must be outside Australia when you apply for this visa.
Once your visa is granted, you can enter Australia to stay temporarily with your partner until you are notified to lodge the subclass 100 visa. Don’t worry, your 309 visa will remain active during the process of your 100 visa.
These visa holders would be eligible to submit their second stage partner visa application (subclass 100) 2 years after the date of the temporary partner visa has been submitted.
You will need to provide further documents for the Permanent Partner visa (subclass 100).
Offshore Partner Visa 309 Processing Time
The processing time for a subclass 309 visa is around 4 months to 30 months, but it might take a longer time to process if you don’t fill it correctly or you don’t include all the documents that are required. That’s why it’s important to know what is required before you apply for this visa.
Offshore Partner Visa 309 Cost for 2023
The visa costs for Partner Visa 309 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.
What You Can Do As A 309 Visa Holder
Once your Partner visa is granted, you can stay temporarily in Australia until your partner visa stage 2 decision is being made. You must obey all Australian laws and this visa allows 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.
One needs to have a clear understanding before applying for a Partner visa. An incomplete application may lead to a refusal and time lost due to the processing delay. It is best to seek the help of a registered migration agent when applying for a Offshore Australia spouse visa.
Differences Between Partner Visa 309 and Partner Visa 100
The main difference between visa 309 and visa 100 lies in the validity period. Visa 309 is a temporary visa, meaning that there will be an end for its validity period.
Meanwhile, visa 100 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.
Is Subclass 309 Visa a Permanent Resident Visa?
The subclass 309 visa is a temporary visa while the Partner subclass 100 visa is a permanent visa. The temporary provisional subclass 309 visa is granted first, which allows the applicant to stay in Australia for two years and apply for the migrant subclass 100 visa within that duration.
How Long Does It Take to Get Partner Visa 309 and Partner Visa 100
The current processing time shows that the Partner Visa 309 is processed between 4 to 30 months. Then, in order to get the visa 100, you are required to wait for around 2 years after the submission of your 309 visa to be eligible for the visa 100 application. After that you will need to wait around 5 to 31 months to receive the outcome for your visa 100 application.
What Happens After Visa 309 is Granted?
After your 309 visa is granted, you will be allowed to travel to Australia. There will be a date specified for your first entry to Australia under this visa, and you must make sure that you do not pass this date.
After you have arrived in Australia. you can stay, study and work in Australia until you are notified to lodge your visa 100 application.
Can Boyfriend be Considered as a De Facto Partner?
For the purpose of Visa 309 application, a de facto relationship means that you are not legally married to each other, but:
- You are committed to a shared life excluding all others;
- Your relationship is genuine and continuing;
- You live together or do not live separately and apart on a permanent basis;
- You are not related by family.
Frequently Asked Questions Regarding Subclass 309 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.
Partner Visa 309 Five Steps Process
Before you apply
Some important steps you must take before applying for 309 visa is that:
- Check your eligibility for the visa;
- Consider whether you’re going to get professional assistance from a registered Australian Migration Agent or not.
Gather required information and documents
After making sure of the above listed things, you may continue the process to collect all required information and documents. Make sure that you have all required information and documents which support your eligibility for the visa 309.
If you are appointing ONE derland Consulting as your migration agent, we will assist you with a tailored made document checklist to assist you in collecting the information and documents.
Apply for the visa
You must apply for the visa through an online application portal provided by the Australian Department of Home Affairs, called Immi Account.
You must also be outside of Australia when applying for the 309 visa.
After visa application lodgement
After the application is lodged, you must make sure that you keep yourself updated with your application status. Here are several things you must keep the Department of Home Affairs updated:
- Your relationship progress by providing updated documents regularly;
- Any changes in your circumstances or documents;
Visa Application Outcome
You can be in or outside of Australia to receive the outcome of your 309 visa application. The Department of Home Affairs will inform you of the outcome in a written letter.
If the Department of Home Affairs grant your visa, you will get:
- Your visa grant number
- The date your visa starts
- Your visa conditions, if applicable.
If The Department of Home Affairs refuse your visa, you will be told regarding:
- Why the application is refused
- Whether you have a right to a review of the decision.
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.
“Massive thanks to all the team specially Indah and Jamie. My visa conditions was very complicated but they did a great job. Definitely one of the best.”
Maria Helen De Guzman
Bridging Visa E