Partner Visa 309: Everything You Need to Know

Partner Visa 309: Everything You Need to Know

Living away from your better half is not something people enjoy. In fact, studies using anecdotal evidence indicated that long-term separation from a romantic partner can increase depression and anxiety.   

Thankfully, this should not be a problem for Australians with partners living in another country. You can always apply for the partner visa subclass 309. This visa allows a partner or spouse of an Australian citizen, permanent resident, or eligible New Zealander to live in the country temporarily.      

So, are you also looking for a way to spend more time with your partner or spouse? Continue reading this blog to learn all that you need to know about this visa.  

What is the Partner Visa Subclass 309?

The visa subclass 309 is commonly known as the Off-shore Partner Visa in Australia. This visa allows the partner of an Australian person to stay in the country temporarily. The partner already living in the country must be a citizen, permanent resident, or an eligible New Zealand.   

This visa will allow your partner to work, live, and study in Australia until their permanent visa is processed under subclass 100. Your partner also has the freedom to travel to and from the country as many times as they please.  

Requirements to be Met to Apply for Visa Subclass 309

It should come as no surprise that you must meet certain requirements to get the subclass 309 visa. For starters, you must be married, engaged, or living in a de facto relationship with your partner. Regardless of the status of your relationship, you must be able to prove your commitment to each other.   

You need not be in the country while applying for this visa, as you can follow the relevant procedures from outside. A sponsor can bring up to two overseas partners in a lifetime as long as there is a five-year gap between both applications.     

Application Process to Apply for Visa Subclass 309

The application process for the subclass 309 visa is quite simple as long as you follow the right steps. The entire process is divided into two different steps and requires you to make a combined application for the visa. You must first apply for the subclass 309 visa along with the subclass 100 visa for permanent residency.     

The authorities will first grant you the subclass 309 visa until the subclass 100 visa is processed. This will allow you to live, work, and study in the country without any complications.    

You must file the combined application for the visa from off-shore and avoid coming to the country until the visa is granted. Once you get the subclass 309 visa, you can come to the country and wait for the permanent subclass 100 visa.  

It is also worth mentioning that the concerned authorities will assess you for up to two years before granting the subclass 100 visa. If the application is successful, you will be allowed to live as a permanent resident of the country. They will also assess whether you are still together with your partner living in Australia and decide accordingly.  

Eligibility Criteria for Partner Visa 309   

The eligibility criteria for the subclass 309 partner visa are quite simple if you understand what these criteria are all about. So, let’s take a closer look at the eligibility criteria for this partner visa.      

  • You must be the de facto partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand resident. 
  • You must be outside the country while filing the application and even when the authorities make the decision. 
  • If your partner is less then than the legal age of 18, you will need someone else to sponsor the visa. In this case, the sponsor can be your partner’s guardian or parent who is also an Australian citizen, permanent resident, or eligible New Zealand citizen. 
  • You must be at least of the legal age of 18 or more while applying for the subclass 309 visa. 
  • If you have any debt to the Australian government, you must clear it entirely before the visa is granted.      
  • You must meet the relevant health and character requirements while applying for the subclass 309 visa.  

What are The Health and Character Requirements for the Subclass 309 Visa? 

No country wants to bring in a troublesome foreign national and grant them citizenship. Australia is no exception on this front, and you must meet certain health and character requirements. 

The health evaluation is mostly about ensuring that you don’t become a burden on the country’s health infrastructure. This requires you to provide evidence of health checkups done within the last twelve months before applying for the visa. 

On the other hand, the character evaluation is clearly about ensuring you don’t become a nuisance to the Australian authorities. This requires you to submit a police certificate from countries you have lived in for more than 12 months or more in the past ten years.       

Also Read:- Partner Visa Australia Requirements: Your Ultimate Guide!

Are There Any Obligations of the Sponsor of the Subclass 309 Partner Visa? 

There are some simple obligations of the sponsor of the subclass 309 visa, which in this case will be the applicant’s spouse or partner. When the migrant enters the country, the sponsor must provide them with:

  • Accommodation 
  • Financial support, including support to learn English if needed
  • Other support like childcare is applicable in your case.   

The sponsor must meet all these obligations for at least two years after the applicant enters the country. The primary intent behind this is to ensure the applicant gets adequate support and meets their needs while they move into the new country. 

Must Read:- Understanding the Processing Time for Partner Visa Australia: a Complete Guide

In Conclusion

There is no denying that the partner subclass 309 visa is a great way to obtain permanent residency in Australia. Therefore, it is important to understand and adhere to every requirement of the visa application. 

However, this is much easier said than done if you are applying for a visa for the first time. In this case, you can always leverage the expertise of an immigration agent in Perth to get the job done with minimal hassle.