309 Visa – Temporary Offshore Partner Visa

Indah Melindasari MARN 0961 448
Updated May 2020
309 Visa Offshore Australia Spouse Visa Temporary 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.

What is Australia Spouse Visa Subclass 309?

The Partner Visa (Subclass 309 and 100) is a dual application visa. It is a visa meant for applicants residing out of Australia or offshore application. If an applicant applies for a partner visa, his application is for two connected visas. Usually, the applicant gets subclass 309, the provisional Visa, first. After this, there is a waiting period for two-years imposed. After the 309 visa is granted, the applicant can apply for Subclass 100 (permanent Visa).

Australia Spouse Visa Subclass 309 Requirements

  • 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.

309 Visa Application Process

When you apply for a partner visa (subclass 309), you must be outside Australia when you apply for this visa and when your visa is granted.

Once your visa is granted, you can enter Australia to stay temporarily with your partner until the permanent partner visa application is granted.

These visa holders would be eligible to submit their second stage partner visa application (subclass 100) after 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 17 months to 20 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.

Subclass 309 Visa Application Cost:

This Australia spouse visa (subclass 309) charge is AUD 7,715 for the main applicant. This fee covers the temporary visa and the Permanent Partner visa (subclass 100). There is also a charge for each family member who applies for the visa with you.

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.
  • 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.

Is Subclass 309 Visa a Permanent Resident Visa?

The subclass 309 visa is a temporary visa while the migrant subclass 100 visa is a permanent. 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.

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 7,850. The fee for additional applicant over 18 years old is AUD 3,860 while the additional applicant under 18 years old is AUD 1,935.
  • 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 17-20 months, while the permanent stage (subclass 100) can take between 17-23 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

Check your eligibility for the visa

There are many requirements for Temporary Partner 309 visa but the crucial point is that your partner must be an Australian citizen or an Australian permanent resident.

This visa is based either on a marriage or a de-facto relationship. Do not forget as this is an offshore visa, then you must be outside Australia when you lodged it and when the decision is made.

Apply for the visa

After you meet all the requirements, you can then apply for the 309 visa.

Please make sure to prepare the documents completely, not only that, you have to provide genuine and detailed information about the circumstances between you and your partner.

A fault from your information or documents may result in a visa refusal. After you submit the application, you are welcomed to upload all the required documents that you have prepared.

Your Visa Subclass 309 is granted

The time frame of Partner visa subclass 309 is 17 months to 20 months, however, some applications may take less or longer than that duration of time.

So, just be assured that you provide genuine information and complete documents into your application.

When your Offshore 309 Visa is granted, this is a temporary visa, you can stay legally in Australia until the department notify your eligibility to apply for a permanent visa subclass 100.

Apply your permanent partner visa subclass 100

After 2 years since the grant of your subclass 309 visa, you will be eligible to apply for the subclass 100 and should apply for it online.

‘Please make sure you provide the accurate information and updated documents for your application

Your Permanent Partner Visa Subclass 100 is Granted

Once it is granted, you directly become an Australian Permanent Resident.

When you are a permanent resident of Australia, you can live indefinitely in Australia with some other benefits such as work, study, sponsor your relatives to come to Australia, and if eligible, you can apply for Australian citizenship

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Lead Migration Agent – MARN 0961 448

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