Step-by-Step Guide to a Partner Visa 309 in Australia

If you want to reunite with your spouse or de facto partner in Australia, the Australian partner visa provides you with the opportunity to do so.

A partner visa in Australia allows the spouse or de facto partner of an eligible New Zealand citizen, Australian citizen, or permanent resident to live in Australia temporarily or permanently. With this visa, you can live, work, and study in Australia and have access to the public healthcare system, Medicare.

The Department of Home Affairs offers different types of partner visas both for offshore and onshore candidates, which are

Offshore Partner Visa (subclasses 820 and 801)
Onshore Partner Visa (subclasses 309 and 100)

In this blog post, I’ll discuss in detail an onshore partner visa subclass 309, its eligibility requirements, application process, processing time, and fee cost.

What is a Partner Visa 309 in Australia?

Partner (Provisional) visa subclass 309 allows the de facto partner or spouse of an eligible New Zealand citizen, Australian citizen, or permanent resident to live in Australia temporarily. A partner visa 309 provides a pathway to the permanent partner visa (subclass 100).

What are the Eligibility Requirements to Apply for a 309 Partner Visa in Australia?

To apply for a 309 partner visa in Australia, you must meet the following eligibility requirements:

Age Requirements

You must be 18 years of age or older at the time of application submission for a partner (provisional) visa (subclass 309).

Relationship Requirements for the 309 Partner Visa

You must be the spouse or de facto partner of an eligible New Zealand citizen, Australian citizen, or permanent resident. Your relationship must be genuine and ongoing, both at the time of application submission and decision-making. Moreover, you can be in a relationship with a person of the same or different sex.

For Married Applicants

If you are married, your marriage must be recognized by Australian marriage law.

You and your spouse must have a genuine and ongoing relationship.
You must be living together, or don’t live apart permanently.
Your relationship must not be related to family.

To find out whether your marriage is according to Australian laws or not, it is better to contact the relevant state or authorities before applying for a 309 partner visa in Australia.

For De Facto Partners

You must be in a de facto relationship and must meet the following criteria:

You and your partner must not be married to each other.
You and your partner must be in a genuine relationship.
You must not be living apart from your partner permanently.
You and your de facto partner must not be related by family.

Important Points to Consider for a De Facto Relationship

Usually, you have to be in a de facto relationship for a minimum of 12 months while submitting an application for a partner visa in Australia. The Department will not count the time spent dating or in an online relationship.

The 12-month period requirement will not apply under these circumstances:

If you provide the Department with compelling reasons.
If your de facto partner has a permanent humanitarian visa.
You have registered your relationship with a state official in Australia.

Sponsorship Requirements

Candidates applying for a 309 partner visa must have a sponsor at the time of application submission and when they have been granted this visa. Usually, your sponsor is your partner and must be approved by the Department of Home Affairs.

Keep in mind that:

You cannot change your sponsor. For instance, the same person who sponsored you for 309, must sponsor you for subclass 100 as well.

Immigration History

The Department of Home Affairs will check your immigration history, and if you have had a visa canceled in the past, they will reject your application. However, under certain circumstances, you can still apply for a permanent partner visa.

Character and Health Requirements

You must be of good moral character to apply for a partner visa in Australia. Moreover, you must be in good health and not be suffering from a disease that can put the Australian community in danger.

What is the Application Process for a Partner Visa 309 in Australia?

The application process for a 309 partner visa is quite challenging and stressful. Therefore, it is important to understand it thoroughly before submitting your application to avoid visa cancellation or rejection. Here is a step-by-step process to apply for a partner visa (subclass 309) in Australia:

Step 1: Check your eligibility.
Step 2: Gather all the required documents.
Step 3: Apply for the visa.
Step 4: Wait for the visa outcome.

Step 1: Check Your Eligibility

It is the first step to applying for a partner visa 309 in Australia. You must be the partner of an Australian citizen, a permanent resident, or a New Zealand citizen.

Moreover, you can also appoint someone for immigration assistance. But keep in mind that that person must be a registered migration agent or a legal practitioner.

You can also contact us at The Migration for authentic visa consultation and application submission services.

Step 2: Gather and Organize Your Documents

Organize all the required and supporting documents for a 309 partner visa. Have a look at the checklist for partner visa subclass 309;

Identity Documents

- Birth certificate showing the names of both parents.
- A national identity card, or NIC.
- Pages of the current passport showing all the necessary details.
- Evidence of a change of name, if applicable.

Health and Character Documents

- Medical examination certificate
- Military service records if you have served in the armed forces.
- A valid overseas police certificate from every country where you spent one year.

Relationship Evidence

- Documents showing your dependents under or above 18.
- Documents showing the joint responsibility of dependents.
- Household bills, joint bank statements, and joint loan documents.

Step 3: Apply for a 309 Partner Visa

You must be outside of Australia while applying for a partner visa 309 in Australia. Follow these steps to apply online for subclass 309:

Create an online account on the ImmiAccount website.
Log into your account and select “New application.”.
Click on “Family” and select ‘“Stage 1: Partner or Prospective Marriage Visa”.
Download the application form and fill it out correctly by providing all the necessary information in the document.
Attach all the required documents, pay the application fee, and submit the form.

Step 4: Wait for the Visa Outcome

Once you have submitted the application fee, wait for the visa outcome. You can be inside or outside of Australia when the Department of Home Affairs decides the status of your temporary visa application.

You may still be qualified for a temporary and permanent visa if your relationship ends or your spouse passes away, but for this, you must be in Australia.

If the Department approves your application:

They will provide you with the details, like:

The visa grant number.
Starting and expiration dates of your visa.
Other visa conditions

However, if the Department refuses your application

They will notify you about:

The reasons for your visa refusal.
Whether you can review the decision or not.

Note: The visa application fee is non-refundable, so if your visa application is refused, the Department will not refund the fee.

What is the Processing Time for a 309 Partner Visa in Australia?

The average processing time for a partner (provisional) visa subclass 309 is 5 to 32 months. However, it varies depending on individual circumstances, the completeness of your visa application, and the volume of applications being processed.

25% of applications are processed within 6 months.
50% of applications are processed within 10 months.
75% of applications are processed within 15 months.
90% of applications are processed within 29 months.

What is the Fee Cost for a Partner Visa (Subclass 309)?

The fee cost for a 309 partner visa application is approximately AUD8,085 for the main applicants. Other costs may include medical examinations, character certificates, or document translation charges. The following table provides an overview of the visa cost for 309 partner visas, both for main and additional applicants:

Visa category

For main applicant

For additional applicants

Subclass 309/100 visa

AUD 8,085

Under 18: $2,025

Over 18: $4,045

Closing Insights

So, there you have it—a comprehensive guide to a 309 partner visa in Australia. By now, you must have understood a partner visa (subclass 309), its eligibility criteria, the application process, the processing time, and the visa cost. So, act wisely and grab the opportunity to unite with your partner.

However, if you have any questions or concerns about the partner visa application process in Australia, it is better to seek professional advice. Schedule an online appointment now and allow us to help you get the successful approval of your visa application.

Related Articles

Sources: Partner (Provisional) visa Subclass 309

FAQs

Who can be a sponsor for a 309 Partner visa in Australia?

To become a sponsor for partner visa subclass 309 in Australia, you must meet the following requirements:

You must be over the age of 18.
You must be an Australian citizen, a permanent resident, or an eligible New Zealand citizen.
You must be in a genuine and ongoing relationship with your spouse or de facto partner.

What is the difference between a partner visa 309 and 820?

Both categories 820 and 309 of an Australian partner visa allow the spouse of an eligible New Zealand citizen, Australian citizen, or permanent resident to live in Australia temporarily. The main difference between 309 and 820 is that subclass 820 is designed for onshore candidates, while subclass 309 is intended for offshore applicants.

How long does it take to get a 309 partner visa in Australia?

Currently, the average processing time for a 309 partner visa in Australia is 5–32 months based on 25–90% of submitted applications. However, keep in mind that this is merely an estimate and could vary.

Samavia Shahid

I, Samavia Shahid, am a researcher and content writer at The Migration. I create easy-to-understand and informative content for people who want to move to Australia. My goal is to make the migration process simpler and less stressful for everyone.