309 Visa Overview

Parent (Provisional and Migrant) 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 apply for the temporary and the permanent partner visas together.

Subclass: 309 Visa
Stay Duration: Temporarily, until the permanent Partner (Migrant) visa (subclass 100) is granted or the application is withdrawn.
DoHA Fee: AU$8,850. This fee covers the visa fee for Partner (Migrant) visa (subclass 100) as well

About the 309 Visa

Visa Conditions

As the visa applicant, 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
  • usually, be outside Australia when you apply and when the visa is granted

Visa Eligibility

  • You must be the spouse or de facto partner of an Australian Citizen, Australian permanent resident or eligible New Zealand Citizen
  • You must have a sponsor when you lodge your application and when you are on this visa.
  • 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.
  • You must meet all the health and character requirements.
  • You must not have any debt to pay to the Australian government.
  • With under 18 applicants, it must be in the best interest of them.

Note:  If you have had a visa cancelled or previous application refused, you may not be granted a Partner Visa.

Visa Benefits

  • stay in Australia until we decide your permanent Partner (Migrant) visa (subclass 100) or the application is withdrawn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

General Notes

  • 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 your application is being considered by DoHA.
  • You can’t change your sponsor. The person who sponsors you when you apply for the visa must be the same person who sponsors you for two years after DOHA grants your temporary 309 Partner visa.
  • You can include your members of the family unit in your application. You can include them when you lodge your visa application or add a dependent child after you lodge your application but before DOHA has granted your temporary visa.

Visa Processing Time

The processing period for the 309 partner visa can vary, spanning from six (6) months to thirty-two (32) months. Note that the duration of processing can be affected by your unique circumstance and the complexity of your case

To avoid unnecessary delays, make sure to completely and accurately fill out your application form, attach the necessary supporting documents, and pay the associated fees.

Frequently Asked Questions

The Subclass 309 Partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily while their permanent partner visa is being processed. It is the first stage of the offshore partner visa process.

No. The Subclass 309 visa is a temporary visa. Applicants may later become eligible for permanent residency through the Subclass 100 Partner visa.

Applicants may be eligible if they:

  • Are married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen
  • Have a sponsoring partner in Australia
  • Are outside Australia when the visa application is lodged

Yes. Applicants must be outside Australia when the visa application is lodged and generally also when the visa is granted.

Yes. The 309 visa allows holders to live and work in Australia without restrictions.

Yes. Visa holders can study in Australia, although they may not be eligible for government student financial support.

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