The Subclass 309 visa, also known as the Partner (Provisional) visa, is designed for individuals who are in a relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen but are not currently in Australia. This visa allows the partner to live in Australia until a decision is made on their permanent Partner visa (Subclass 100).
My name is Ines, and I’m the principal solicitor at Rocket & Ash Immigration Law. I’ve personally been practising immigration law exclusively for nearly 14 years and have assisted hundreds of families to permanently relocate to Australia using the Partner Visa Programme.
Here are some key points about the Subclass 309 visa:
Eligibility Criteria
- Relationship Status: Applicants must be either married or in a de facto relationship with their partner. The relationship needs to be genuine and continuing, and the couple must have a mutual commitment to a shared life to the exclusion of all others.
- Marriage: Marriages must be legally valid under Australian law. If you're married in a country other than Australia, the marriage must be recognised as legally valid in that country. Please note, religious marriages, such as a Nikah, may not qualify as legally married.
- De Facto Relationships: Couples must have been in a de facto relationship for at least 12 months unless there are compelling and compassionate circumstances (such as having dependent children).
Application Process
- The application process starts with the overseas partner applying for the 309 visa. It's a two-step process where the applicant initially applies for the temporary 309 visa and, if granted, is eligible to apply for the permanent 100 visa after certain conditions are met.
- Applicants need to provide proof of their relationship, including financial aspects, nature of the household, social context of the relationship, and the nature of their commitment to each other.
Conditions and Duration
- Duration: The Subclass 309 visa is a temporary visa. Once granted, it allows the holder to enter and stay in Australia until a decision is made on the permanent partner (Subclass 100) visa.
- Work and Study Rights: Holders of the Subclass 309 visa have full work and study rights in Australia.
- Pathway to Permanent Residency: After holding the Subclass 309 visa and continuing to meet eligibility criteria, individuals can apply for the Subclass 100 visa, which grants them permanent residency in Australia.
Additional Considerations
- Applicants must meet health and character requirements.
- Applications are subject to processing times, which can vary based on individual circumstances and the complexity of the case.
The Subclass 309 visa provides a pathway for couples to reunite and build their lives together in Australia, eventually leading to permanent residency. It is crucial for applicants to thoroughly document their relationship and ensure compliance with all visa requirements for a successful application.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping partners, graduates, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you require assistance with your Subclass 309 Partner Visa application or have any other immigration-related queries, our experienced team can help.
Please book a free 15-minute discussion with our team if you have further questions.
Written by Ines Jusufspahic, LPN: 5511366
This article does not constitute legal advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.
