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Mar 31 2017

Partner Visa Subclass 309

Offshore Temporary Partner Visa, Subclass 309

The Partner (Provisional) visa (subclass 309) is the first stage towards a permanent Partner visa (subclass 100).
You lodge only one application for your temporary and permanent visas and pay one application charge.
Your application is processed in two stages, about two years apart.
You must be outside Australia when you apply for the Partner (Provisional) visa (subclass 309).
You must be outside Australia when the Partner (Provisional) visa (subclass 309) is granted.

The Applicant must be outside Australia and married or in a de facto relationship with the sponsor, who must be one of the following:

  • Australian citizen
  • Australian permanent resident
  • Eligible New Zealand citizen.

You cannot be a sponsor if you:

  • were sponsored for a Partner or Prospective Spouse visa within the past five years.
  • have previously sponsored two people for migration to Australia and they were granted a Partner or Prospective Marriage visa.
  • have sponsored another person for migration to Australia within the past five years and they were granted a Partner or Prospective Marriage visa.

Married applicants:

Your marriage must be valid under Australian law. Underage, polygamous and same-sex marriages are not legal in Australia.

De facto applicants:

Your de facto relationship must have existed for at least 12 months immediately before you apply for this visa. Same-sex couples can apply for this visa based on their de facto relationship.

Partner Temporary Visa (subclass 309)

  • you are permitted to enter or remain in Australia with your partner, until a decision is made regarding your permanent visa.
  • you are entitled to work in Australia.
  • you are entitled to study in Australia, but you will not have access to government funding for tertiary study.
  • you may enrol in Australia’s medical benefits expenses and hospital care scheme, Medicare.

Cost of Temporary Partner Visa Subclass 309 application

The cost of the Subclass 309/100 Prospective Marriage Visa, at March 2017 is A$6,865 for the main applicant. Additional application fees apply for children included in the application, and these are currently $1,720 for each child under 18.

There are other costs, such as the costs of health assessments, police certificates, or any other certificates or tests.

What Happens when the Applicant is in Australia when the Visa decision is made

After the subclass 309 section Visa has been finalised, the Applicant will then move to the subclass 100 section of this Offshore Partner Visa.

Subclass 309 visa processing times

75 per cent of applications are processed within ​​11 months of application date.
A further 15 per cent of applications are processed between 11 and 15 months of application date.
About 10 per cent of applications take over 15 months.
(as at April 2017)

Source: Department of Immigration and Border Protection: Subclass 309 and 100 Visa



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2 comments

  1. Tom C

    My Fiance is currently on a 457 working visa.We are expecting our first baby in 6 months and need to move away from where we are living at the moment due to my work commitments. If she leaves her current position she will forfeit her current visa. What visa will be most suitable for her to apply for?

    1. ABCDiamond

      Are you an Australian Resident ?
      Can she apply for a Prospective Marriage Visa (Subclass 300) ? You must however marry within the visa’s nine month validity period.

      http://www.immi.gov.au/migrants/partners/prospective/300/

      Note: Her current 457 visa is linked to her employer. Any new employer would have to be linked to the 457 visa by transfer. Not always guaranteed.

      If you want to change employer or position (within the validity of their current visa), you are not required to apply for a new subclass 457 visa.
      From 14 September 2009, 457 visa holders who want to change sponsors or nominated positions (within the validity of their current visa) will not be required to apply for a new Subclass 457 visa.
      See: Applying for this visa
      http://www.immi.gov.au/skilled/skilled-workers/sbs/how-to-apply.htm

      http://www.immi.gov.au/skilled/skilled-workers/sbs/how-the-visa-works.htm#d

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