The Partner Visa (Subclass 309) is a temporary visa for the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. The 309 visa is the first stage in the two-part partner migration process. Know requirements, processing, benefits and how to apply?

The individuals targeting this visa should be in a genuine relationship with a citizen of Australia or New Zealand. With this visa, you will not be restricted in your travels. Partner Visa 309 is for those individuals who eventually want to settle down in the country.
Right from accessing healthcare facilities to zero travel restrictions in and out of the country, Visa 309 will provide you with all this and more. You can add your dependent children to your application. Establishing the evidence of your relationship with your partner or spouse is of prime importance in the case of this visa category.
 

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Visa Subclass 309 Benefits and RightsVisa Subclass 309 Benefits and Rights

  • Work Rights: You can work freely in Australia, gaining financial independence while waiting for your permanent visa.
  • Study Rights: Visa 309 holders can study in Australia at any institution during their temporary stay.
  • Healthcare Access: May be eligible for Medicare, Australia’s public healthcare system, depending on individual circumstances.
  • Live in Australia: You can live in Australia with your partner while your permanent visa (Subclass 100) is being processed.
  • Pathway to Permanent Residency: Partner Visa 309 is the first step towards obtaining permanent residency in Australia. You must prove your relationship is genuine and ongoing when applying for the permanent visa.
  • Travel Flexibility: Allows multiple entries and exits from Australia while the visa is valid (subject to visa conditions).
  • Sponsor Family Members: After obtaining permanent residency, you can sponsor eligible family members for migration to Australia.

Partner Visa 309 Detailed Benefits:

Partner visa 309 has several benefits to offer:

Work Rights
You can work anywhere in the country with the help of a Visa 309. Therefore, this visa will give you some financial independence till the time you wait for a permanent visa.

Study and living rights, and Healthcare access

This visa will allow you to study in Australia at your convenience. The holders will have access to Medicare. But this will depend upon their circumstances. You will be able to live in the country and earn a living for yourself till the time is your permanent visa application is under process.

Route to permanent residency

309 Visa is the first step in getting a permanent residency in Australia. Although you will have to prove that:

  • You have an ongoing relationship
  • Your relationship with your partner is genuine at the time of application.

Ease of travelling and sponsoring family
The holders of visa 309 can move in and out of Australia without any restrictions on their travel. This will depend upon their specific visa conditions. You can sponsor your eligible family members for a permanent visa. This can be done after getting a PR.

Partner Visa Subclass 309 Requirements

There is are certain set of criteria. You will need to fulfil those for this visa:

You and your partner will need a health certificate after getting the health examination done. Along with this, you will also need a character certificate by getting a police verification.

The points are (at the time of filing for this visa):

Given this, there should be no visa violations previously in your name. You should be able to establish documentary evidence regarding your relationship You should be able to prove that you have a genuine and ongoing relationship. Your sponsoring partner should be:

Proving the authenticity of your relationship is the primary requirement in case of this visa. You should have proof that your relationship is ongoing. All the paperwork regarding the same will have to be produced.

Health certificate after medical examination

Police clearance certificate (character check)

Applicant must be 18 years or older

Sponsor must meet visa-specific conditions

No previous visa violations

Evidence of a genuine and ongoing relationship

Sponsor must be an Australian citizen or permanent resident

Relationship documents must be provided

Applicant’s age should be 18 years and above.

The sponsor should meet the specific conditions related to this visa.

an Australian citizen

Or a permanent resident of the country.

8Partner visas are grouped in relation to the geographical location of the applicant as well as the marital status. Here are the primary types:

  • Subclass 820 (Temporary partner visa)

This category is for those who are applying from within the boundaries of Australia. Through this visa, the holder can wait in Australia for the decision as to the permanent visa without leaving the country because they are allowed to work, study, and live during the process. SUBCLASS 820 is a temporary visa that allows you to stay valid until the decision on the Permanent Visa number SUBCLASS 801 is made.

  • Subclass 801 (Permanent partner visa)

This is done after the Subclass 820 visa provided the holder has complied with all the necessary requirements. These include the ability to live in Australia, access all-important benefits and privileges as permanent residents, as well as create an application for residency upon becoming a citizen at some point in their lives.

  • Subclass 309 (Provisional Partner Visa)

This visa is for applicants who reside in various corners of the globe. In addition to this, it allows the holder to enter and reside in Australia while their permanent visa is being finalized.

  • Subclass 100 (Permanent Partner Visa)

This visa allows the applicant to have permanent residence after the permanent vulnerable stage. Like Subclass 801, it provides open-ended time and advantage, for the holder and his or her family members.

  • Subclass 300 (Prospective Marriage Visa)

This visa is for those people who are engaged to an Australian citizen. It enables the applicant to visit the country to get married to their partner within 9 months. Key features include:

The applicant is required to show special circumstances that show that the intention is sincere to get married to the partner before the visa expires. If an applicant is already married, he/she has to apply for a Partner Visa (Subclass 820/801) to enable one to stay in the country.

Further, each of the Partner Visas is relevant to distinct situations and enables couples and families to cope with their objective of living in Australia.
 

Visa Subclass 309 Processing Time

The time for processing varies for different individuals. This depends upon the complexity of the case. The approximate time required is 12-18 months for this visa.
To summarise, applying for your partner visa 309 through immigration buddy will be the best solution to all your visa problems. Are experts will guide you every step of the way by giving you a personalised checklist of documents that will make your work easy. Moreover, by handing over all your visa-related work to us, you can remain stress-free during your application process. Get in touch with us today to get guidance through every step.
 

Partner Visa Subclass 309 (Offshore) Application Process

To be able to apply for this visa, you will have to:

1. Check your eligibility

This will include checking the following:

  • Being in a genuine and ongoing relationship with an Australian citizen a permanent resident.
  • You should be above 18 years of age and meet the health requirements.
  • Your partner should be ready to sponsor you.

2. Gathering documentation

A careful compilation of all the documents and evidence is necessary, which will form a part of your visa application. These documents are:

  • Identity proof.
  • Evidence of a genuine relationship.
  • Health and character documents.
  • Sponsorship evidence.

3. Completing the application

After all the necessary documentation is ready, you will then file your application online through your ImmiAccount. All the necessary documents will be uploaded along with the evidence to support them.

4. Paying the visa fee

You will need to pay the fee online after the application form is complete.
 

  • Lodging the Appeal

    Lodge your application with the AAT within the time limit (usually 21 days). Applications are made through the Migration Review online portal. You must pay the application fee at lodgement unless you qualify for a fee waiver.

Frequently Asked Questions

The Partner Visa 309 is a temporary offshore visa for individuals in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. It allows you to live in Australia while your permanent Partner Visa (Subclass 100) is being processed.

Yes, you must be outside Australia both at the time of applying and when the visa is granted.

Yes, once granted, the 309 visa gives you full work rights in Australia.

Yes, you can study in Australia while holding this visa.

You may be eligible for Medicare depending on your circumstances after the visa is granted.

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