Partner Visa 309
309 Visa Australia
Partner Visa 309 (Provisional)
This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 100).
- you must be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen
- you must be outside Australia when you apply and when the visa is granted
With this visa you can
- live, work and study in Australia while we process your permanent Partner (Migrant) visa
- travel to and from Australia as many times as you want
- attend free English language classes provided by the Adult Migrant English Program
You must
- be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen
- be outside Australia when you apply and when the visa is granted
Note: The Department is not asking Family visa applicants to travel offshore at this time.
With this visa you can
- stay in Australia until we decide your permanent Partner (Migrant) visa (subclass 100) or the application is withdrawn
- work in Australia
- study in Australia (you will not receive government support)
- travel to and from Australia as many times as you want
- attend up to 510 hours of free English language classes provided by the Adult Migrant English Program
- enrol in Australia’s public health care scheme, Medicare
How long you can stay
Stay on the visa until we decide your permanent visa (subclass 100) application or you withdraw the application.
For most applicants, this stay is from 15 to 24 months.
In some circumstances, including where you have been in a long term relationship before you apply, you might not stay on the 309 visa at all. We might grant you the permanent visa immediately after we grant the temporary 309 visa.
Include family members
You can include your members of the family unit in your application. You can:
- include them when you lodge your visa application
- add a dependent child after you lodge your application but before we decide on your temporary visa.
Family members who apply with you must:
- meet our health requirement
- meet our character requirement
- be outside Australia
You can also add them after we grant the temporary visa.
Apply from
You must be outside Australia when you apply for this visa. You must be outside Australia when we decide your temporary visa application.
Processing times
Your application might take longer to process if:
- you do not fill it in correctly
- you don’t include all required documents or we need more information from you
- it takes time to verify your information
We can’t process your application if you do not pay the correct visa application charge. We will notify you if this is the case.
Your obligations
You and your family members must meet all visa conditions and obey Australian laws.
Note: You must enter Australia before the date specified in your grant letter. The first entry date is generally set at 12 months from the date of visa grant.
Travel
You can travel to and from Australia as many times as you want.
Note: You must make your first entry to Australia as the holder of this visa before the date specified in your visa grant letter. The first entry date is generally set at 12 months from the date of visa grant.
Visa label
We will digitally link your visa to your passport. You will not get a label in your passport
Meet relationship requirements
In most cases, you must be the spouse or de facto partner of an:
- Australian citizen
- Australian permanent resident or
- eligible New Zealand citizen
Your relationship can be with someone of the same or different sex.
You might still be eligible for the visa if your relationship breaks down or your sponsor dies while we are considering your application.
Married applicants
To be a married applicant:
- you and your spouse must both be committed to a shared life together to the exclusion of all others
- your relationship with your spouse must be genuine and continuing
- you must live with your spouse or do not live apart on a permanent basis
- your marriage must be valid under Australian law
To find out if your marriage is valid under Australian law, contact the relevant state or territory agency for births, deaths and marriages.
De facto partners
To be a de facto partner, you must be in a de facto relationship.
- you and your partner are in a de facto relationship if all these apply:
- you are not married to each other
- you are committed to a shared life to the exclusion of 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
Usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.
The 12-month requirement will not apply if you can show us compelling and compassionate circumstances exist to grant the subclass 820 visa.
The 12-month requirement also will not apply if:
- your partner holds or held a permanent humanitarian visa
- your de facto relationship existed before we granted their visa
- you de facto partner told us about the relationship before we granted their visa
It also will not apply if you:
- are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
- you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages
You might still be granted the temporary visa if your relationship has broken down or if your sponsor died.
Have a sponsor
You must have a sponsor when you lodge your application and when you are on this visa.
We must approve your sponsor. There are limitations on approval.
You can’t change your sponsor. The person who sponsors you when you apply for the visa must be same person who sponsors you for 2 years after we grant your temporary 309 Partner visa.
Be the right age
Married applicants must usually, be 18 or older when they apply. This is because usually, you must be 18 or older to be married under Australian law.
Applicants in de facto relationships must be 18 or older when they apply.
Meet our health requirement
You, and any member of the family unit or dependent child who applies for the visa with you, must meet our health requirement. Family members who don’t accompany you to Australia might also need to meet our health requirement.
Meet our character requirement
You and any family members who apply for the visa with you must meet our character requirement.
Pay your debts to the Australian Government
If you or any family members (including those who don’t apply for the visa with you) owe the Australian government money, you or they must have paid it back or arranged to pay it back.
Best interests of the child
We might not grant this visa if it is not in the best interests of an applicant under 18.
Not had a visa cancelled or an application refused
You might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia.
You might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia.
Read And Associates offer Professional Guidance
Here at Read and Associates our team of migration agents can provide you with the appropriate guidance and advice which will help you put forth the best visa application possible. Specialising in applications for medical professionals, we would welcome the opportunity to discuss how we can work with you. Book a consultation to find out more.
