Subclass 309

Partner (Provisional) visa- subclass 309

Australia Immigration Visa Consultant

The goal of this fact sheet is to provide you with a general overview of the partner visa 309 and the issues you’ll have to deal with if you decide to apply for it. It concentrates on the more typical scenarios that happen while applying for an offshore partner visa and hence does not cover all possible options or scenarios. It’s also beyond the scope of this talk to present a comprehensive list of all relevant aspects to consider. If you are considering applying for a subclass 309 visa, we strongly advise you to conduct more research to ensure that you are completely aware about your eligibility, the application process, and the documentary evidence requirements before submitting your application. This will increase your chances of a favourable conclusion and help you avoid excessive processing delays or visa rejection. You also prevent the loss of valuable time and money that comes with a visa refusal decision if you do it correctly the first time.

The procedure for obtaining a provisional partner visa.

  If you are married to, or in a de-facto relationship with, an Australian citizen or permanent resident, or a qualified New Zealand citizen, and you are situated abroad, you may be entitled to apply for a partner visa 309 as a pathway to permanent residence in Australia.

The application is a two-step process in which you must submit a single application for both a temporary visa (subclass 309) and a permanent visa (subclass 100 visa).

You will be assessed for the subclass 100 visa two years after you submit your application. 

  You will first be reviewed for a temporary subclass 309 visa, which will allow you to enter and stay in Australia while Immigration processes your permanent residence application.

The combined subclass 309/100 application must be submitted from outside Australia, and you must be outside Australia at the time the temporary visa is granted. You can apply for the category 100 visa from either inside or outside Australia.

You will be given permanent residency in Australia if your application is successful. 

Immigration will confirm whether you continue to meet the visa grant requirements for the partner visa as part of its examination of your subclass 100 visa application. One factor to consider is if you and your Australian partner are still married or in a de-facto relationship.

A long-term relationship is defined as one that has lasted for at least:

  3 years and 2 years if the couple has a dependent child.

Is it possible for you to apply for a subclass 309 visa?

  You must examine whether you meet the visa grant conditions at the time of lodgement before applying for the partner visa 309 and subclass100 combined.

What is the procedure for applying for a category 309 visa?

You must apply in the proper manner, in keeping with visa lodgement criteria, to guarantee that your application is valid. This is critical to get right because failing to do so will result in your application being rejected. As a result, you’ll have to apply again. You must be outside of Australia at the time of lodgement, and you must submit your 309 visa application form and papers online.  The online portal is also used for Immigration correspondence related to your application, and it can be used to notify the Department of any changes in your circumstances, among other things. If you have your application lodged on your behalf by a migration agent or an immigration lawyer, they will handle everything for you.

The following is a list of the types of evidence that are required:

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Written statements about your relationship for both yourself and your spouse, including the partnership’s history and evolution, as well as the relationship aspects mentioned above (these statements can be in the form of statutory declarations).

Documents of identification (e.g. passport and birth certificate)

Documents relating to personalities (e.g. police clearances)

Documents proving a relationship (see below)

As previously said, documents must be produced to address each component of the partnership. The following documents are also required:

Where applicable, a marriage certificate or a relationship registration certificate

At least two 888 forms (these are statutory declarations provided by your supporting witnesses attesting that your relationship is genuine)

The current application fees for filing a combined subclass 309/100 visa

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The current application fees for filing a combined subclass 309/100 visa application are listed. Please keep in mind that these fees are subject to change, so you should double-check the costs that will apply to your case before filing. Please keep in mind that these fees may change depending on your specific circumstances.

Visa Class – Subclass 309/100

Application lodgement – $7.715

Addition Application- Under 18 : $1.935| Over 18 : $3.860

A payment surcharge may apply, with the percentage rate varying based on the payment method. Note that an ‘additional applicant’ refers to circumstances in which another individual, such as a child, is included in the application.