Australia Partner Visa Provisional 309

Overview

Subclass 309 visa is a provisional visa issued to a partner of Australian citizen or permanent resident. Subclass 309 visa will lead to permanent visa Subclass 100, which will only be granted once minimum 2 years has passed since the Subclass 309 Partner (Provisional) visa application was lodged.

Partner visa applicant that has been in a long-term partner relationship with the sponsoring partner will be granted permanent Subclass 100 Partner (Migrant) visa in a 1-step process.

Long-term partner relationship is a relationship that has continued for:

  • at least 2 years if there is a dependent child of both the applicant and the Australian spouse/partner;
  • at least 3 years if without a child in the relationship.

Types of Australian Partner Visa

There are three types of Australian Partner Visa:

  • Subclass 309: Partner Visa (Outside Australia)
  • Subclass 820: Partner visa (Inside Australia)
  • Subclass 300: Prospective Marriage Visa

Source: Department of Home Affairs, Australia

Who is it for

This visa is granted to a foreign spouse of an Australian citizen or permanent resident. The marriage must be genuine and the relationship between husband and wife must be ongoing without any marital problem.

Source: Department of Home Affairs, Australia

How to qualify

Eligibility for Partner Visa (Outside Australia)

  • Subclass 309 is a provisional visa that allows the applicant to stay in Australia for two years and apply for a permanent one.
  • You must be outside of Australia at the time of applying and the decision of the visa
  • You and your partner must prove that you both have stayed together for at least 1 year before your application
  • You must meet character and health requirements
  • You are eligible to be assessed for a permanent Partner Visa (Subclass 100) if you are holding the provisional 309 visas, about 24 months after the lodgment of the application. For the permanent visa, you must prove that you are still a legitimate couple. For this assessment, you will need to provide further documents.

Source: Department of Home Affairs, Australia

The process

Step 1

Collect all your documents

Provide exact, authentic documents. See what happens if you provide false or misleading documents or information.

Step 2

Apply for the visa

You must apply:

  • online
  • outside Australia.

Apply online

  • Complete your application in ImmiAccount. If you do not have an ImmiAccount login, you can easily create an account.
  • Pay the visa application charge. Immigration Department will never process your application until you have paid the charge.
  • Submit your application and note the transaction reference number (TRN). Your sponsor will need the TRN to apply for sponsorship.
  • Upload all supporting documentsto your completed application.

 

Step 3

Biometrics: This is mandatory requirement. You must visit nearest VAC to provide biometric data.

Health exams: You need to have health exams at an authorized panel physician’s chamber.

Attach more information: If you did not attach all documents when you applied, attach them in ImmiAccount as soon as you can. The Visa officer might also ask you to provide additional information.

Add family members: You can add a dependent child to your application before we decide on your visa.

Complete and attach Form 1436 – Adding an additional applicant after lodgment (481KB PDF) and attach it to your ImmiAccount.

Step 5

Visa outcome

Source: Department of Home Affairs, Australia

The document needed

  • Application Forms
  • Form 47SP Application for migration to Australia by a partner
  • Form 40SP Sponsorship for a partner to migrate to Australia
  • Form 80 – Character Assessment
  • Passport
  • Passport-sized photos (35X45mm)
  • Birth certificate
  • National identity card
  • Copy of a name change (if applicable)
  • marriage or relationship registrations
  • Previous relationship documents if applicable
  • Evidence that your sponsor is an Australian PR or citizen or an eligible citizen of NZ
  • Evidence of relationship to include: photographs, joint bank account statement, relationship statement, statutory declarations and joint property documents.
  • Statement of relationship about how you two met, got married and what are your plans in Australia.

Source: Department of Home Affairs, Australia

Government Fees

AUD 7,715 for the 309 visa applicant. This fee covers both:

  • This temporary visa
  • The permanent Partner (Migrant) visa (subclass 100)

Source: Department of Home Affairs, Australia

Additional information

To avoid fraudulent activities the Australian Embassy might go into a comprehensive investigation process for which they will take a long time. Therefore, the visa application processing time is quite longer than other visa categories. You might be asked to attend an interview an Australian embassy if visa officer detects any sort of contradictory issue that raise a number of questions.

Source: Department of Home Affairs, Australia