Partner Subclass 309 Visa

This visa allows the partner or spouse of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen to live in Australia. You apply for the Partner (Temporary( Subclass 309 and Partner (Permanent) Subclass 100 visas together. You must be outside Australia when you apply for this visa.

Partner Visa Australia 309

Partner (Provisional) (Class UF) Subclass 309 Visa

This UF 309 visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to move to Australia temporarily. Getting this visa is the first step towards a permanent residence Partner visa (subclass 100). Usually, 2 years must have passed since you applied for the combined 'Partner Subclass 309 Visa' which is temporary partner visa, and 'Partner Subclass 100 visa' for you to be assessed for the permanent visa. You must be outside Australia when you apply for this offshore partner visa.

309 Visa Partner Visa Work Rights in Australia

Subclass 309 provisional partner visa holders have full work rights to work anywhere in Australia.

Including Family Members to Partner Subclass 309 Visa - Subsequent Entrant

If you have children, they can also be included in your visa 309 100 application at the time of application, or before a decision is made on temporary visa application. If you want to add a child after you have been granted this visa then you will need to lodge 'Subclass 445 Dependent Child Visa'.

Partner Visa 309 Extension

The extension of this 309 100 visa is not required as you can stay in Australia until your Permanent Partner (Migrant) visa (subclass 100) is decided or that application is withdrawn. Therefore application once lodged will continue processing from 309 to 100 visa.

Partner Visa Subclass 300 vs 309

Subclass 300 is lodged by an applicant who intends to travel to Australia to marry their partner, and must not marry or start de facto relationship before they arrive in Australia. The requirement for Subclass 309 is that relationship must exist either by marriage or de facto relationship or a civil partnership before the application can be made for this visa.

Partner Visa 309 Application Fees

You pay A$7850 for 'Partner Subclass 309 Visa' and 'Partner Subclass 100 Visa' application together at the same time.

Partner 309 Visa Processing Time

Partner Visa 309 Processing Time 2020 for Standard Stream have been 75% of applications in 18 Months, 90% of applications in 23 months.

Spouse Visa Australia Subclass 309 Relationship Requirement

Partner Visa Relationship Requirement for Visa Partner 309

You must be either the spouse or de facto partner of an Australian citizen, Australian permanent resident or Eligible New Zealand. Your relationship can be with someone of same of different sex.

Meeting Relationship Requirement by Marriage for 309 Visa Australia

To meet the relationship requirement by marriage for this spouse visa you and your spouse must both be committed to a shared life together to the exclusion of all others, your relationship with your spouse must be genuine and continuing, you must live with your spouse or do not live apart on a permanent basis and your marriage must be valid under Australian law.

Visa Subclass 309 Meeting Relationship Requirement by De facto Relationship of Over 12 Months

To meet the relationship requirement by de facto relationship of over 12 months you and your spouse must not be married, you are committed to a shared life to the exclusion of all others, your relationship is genuine and continuing, you live together or do not live separately and apart on a permanent basis and you are not related by family.

309 Visa Australia Meeting Relationship Requirement by De facto Relationship of Less Than 12 Months

The 12-month requirement also will not apply if your partner holds or held a permanent humanitarian visa, and your de facto relationship existed before we granted their visa, and your de facto partner told us about the relationship before we granted their visa.

The 12-month requirement will not apply if you are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa

The 12-month requirement will not apply if you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages.

Meeting Relationship Requirement by Online Relationship

The time spent dating or in an online relationship might not count as being in a de facto relationship.

Partner Visa Australia News

Recent Policy Changes and News

These are some of the relevant policy changes and recent news relevant to Subclass 309/100/820/801 visas.

De facto relationship meaning

December 10, 2021

Defacto Relationship for the Purposes of Partner Visa Australia

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Partner Visa Changes

November 13, 2021

Reforms to Australian Partner Visas Proposed for End of 2021

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Subclass 309 Partner Visa Checklist

For all applicants to be included in the application

1. Identity documents such as passport, birth certificate, proof of name change such as marriage or divorce certificate.
2. If you are or have been married, widowed, divorced or permanently separated, provide proof such as marriage certificates, divorce documents, death certificates, separation documents or statutory declarations.
3. Provide an overseas police certificate from every country, including your home country, where you spent a total of 12 months or more in the last 10 years since you turned 16, any military service records or discharge papers if you served in the armed forces of any country.
4. Passport size photographs.
5. Medical examinations.

For Primary Applicant

6. If you are married, provide your marriage certificate or other evidence that your marriage is valid in Australia. If you are a de facto partner for over a year, provide proof of ‘Genuine and Ongoing Relationship’ with your de facto partner.
7. If you haven't been in the relationship for 12 months, tell us in writing why the 12-month requirement does not apply such as either provide evidence you have registered your relationship with an Australian births, deaths and marriages agency, or explain any compelling and compassionate circumstances exists.
8. If you have previously been married, widowed, divorced or permanently separated, provide divorce documents, death certificates, separation documents or statutory declarations.

For Sponsoring Partner

9. Identity documents such as passport, birth certificate, and proof of name change such as marriage or divorce certificate.
10. If you are or have been married, widowed, divorced or permanently separated, provide proof such as marriage certificates, divorce documents, death certificates, separation documents or statutory declarations.
11. Provide Australian Federal Police clearance certificate.
12. You must also provide 2 statutory declarations (Form 888) from people who know about your relationship, such as your partner's parents, family members, relatives or friends.