The 309 Visa is the first in a two-step process for getting Australian permanent residence: Subclass 309 Visa is temporary – it allows you to travel to Australia and wait about two years until you become eligible for permanent residency.
Processing times
- 25% of applications: 5 months
- 50% of applications: 9 months
- 75% of applications: 20 months
- 90% of applications: 32 months
The processing time for a Permanent Partner visa (subclass 801 or 100) starts from the date of eligibility. This is 2 years after the combined subclass 820/801 or 309/100 visa application was lodged. We are processing some older and more complex Partner visa applications. These cases can take longer to finalise and impact our published processing times.
With this visa you can
- stay in Australia until we decide your permanent Partner (Migrant) visa (subclass 100) or the application is withdrawn
- work in Australia
- study in Australia (you will not receive government support)
- travel to and from Australia as many times as you want
- attend free English language classes provided by the Adult Migrant English Program if you are eligible
- enrol in Australia’s public health care scheme, Medicare
You must
- be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen
- be outside Australia when you apply for this visa
How long you can stay
Stay on the visa until we decide your permanent visa (subclass 100) application or you withdraw the application.
For most applicants, this stay is from 15 to 24 months.
In some circumstances, including where you have been in a long term relationship before you apply, you might not stay on the 309 visa at all. We might grant you the permanent visa immediately after we grant the temporary 309 visa.
The following requirements must be met:
You must be aged 18 years or older (there are exceptions for married couples)
You must be married to, or be in a de-facto relationship with, an Australian citizen or permanent resident, or an eligible New Zealand citizen
Your sponsor must be aged 18 or older (there are exceptions for married couples)
You must be sponsored by your Australian partner (note that certain individuals are prohibited from being a sponsor). If your partner is aged under 18, you must be sponsored by their parent or guardian
Your sponsor must meet a ‘character’ requirement and provide police clearances as evidence that this is satisfied
You must meet health and character requirements
Your relationship status
In determining your eligibility for visa grant, you will need to ensure that your relationship with your Australian partner is in accordance with the relevant definition under visa grant requirements.
To meet these requirements, you must either be married to or be in a de-facto relationship with, your Australian partner. Note that these are defined terms and may not correspond with ordinary usage (for example, a de facto relationship can be defined in various ways according to different laws and countries).
Marriage
If you and your Australian partner are married, you must satisfy the following requirements:
Your marriage must be legally valid in Australia (if you were married overseas, you will need to confirm that the marriage is recognised in Australia)
You and your partner have a mutual commitment to a shared life as a married couple to the exclusion of all others
Your relationship is genuine and continuing; and
You either live together, or you do not live separately and apart on a permanent basis
De-facto relationship
If you and your Australian partner are not legally married, the following requirements must be satisfied:
You and your partner have a mutual commitment to a shared life to the exclusion of all others
Your relationship is genuine and continuing; and
You either live together, or you do not live separately and apart on a permanent basis
You are not related by family
For a de-facto relationship, you will also need to demonstrate that it has been in existence for a minimum period of 12 months at the time of application lodgement.
How can you apply for the subclass 309 visa?
To ensure that you lodge a valid application, you must apply in the correct manner, in accordance with visa lodgement requirements. This is very important to do correctly as failing to do so will result in your application being deemed invalid. Consequently, you will then need to re-apply.
You must be located outside Australia at the time of lodgement, with your 309 visa application form and documents to submitted online. The online portal is also used for Immigration correspondence in relation to your application and can be used to advise the Department of changes to your circumstances, etc. If a migration agent or immigration lawyer lodges your application on your behalf, they will manage this for you.
Your Australian partner must also lodge a sponsorship form and submit their required documents via the same online system.
The type of evidence required includes the following:
Identity documents (e.g. passport and birth certificate)
Character documents (e.g. police clearances)
Relationship evidence documents (see below)
Documents must be provided to address each relationship aspect, as discussed above. Other documents required include:
Marriage Certificate or Relationship Registration Certificate, where applicable
At least two Form 888’s (these are statutory declarations provided by your supporting witnesses attesting that your relationship is genuine)
Written statements about your relationship for both yourself and your partner, covering the history and development of your relationship and the relationship aspects noted above (these statements can be in the form of statutory declarations).
Emigrantz Global Consultancy registered and partnered with ICCRC (ICCRC – R407847) has more than a decade’s experience in the immigration industry. We have been fulfilling the needs of Permanent residency, student visa, business visa and work permit aspirants for Canada along with other countries.
We are just a call / email away to help you in making your dreams come true.
Contact us on: +966-547598555 / 966-569521000 / 966-541219841
Email : info@emigrantz.com / contact@emigrantz.com