What is the Australia Provisional Partner Visa – Subclass 309?
The Australia Provisional Partner Visa, Subclass 309, is the initial step in the two-stage partner visa process, which eventually leads to permanent residency.
This visa is designed to allow partners of Australian citizens or eligible New Zealand citizens to live, work, and study in Australia temporarily while their permanent partner visa (Subclass 100) application is being processed.
Subclass 309 as it is popularly known is an offshore visa, which means you must be outside Australia at the time of application and when the visa is granted.
The two-stage partner visa process is made of the;
- Subclass 309 visas, which are only valid for two years and allow you to relocate to Australia while waiting for permanent residency; and the
- Subclass 100 visas are permanent and are issued once your 309 visa expires.
Benefits of the Australia Provisional Partner Visa Subclass 309
- You can live in Australia with your lover.
- You may travel to and from Australia as often as you choose.
- You are at liberty to work in Australia.
- You have the option of enrolling in an Australian educational institution.
- You can apply for public healthcare in Australia.
- If necessary, you can enroll in English classes. The Adult Migrant English Program will allow you to register for up to 5 to 10 hours of free learning.
Eligibility Criteria for Australia Provisional Partner Visa
To be eligible for the Australia Provisional Partner Visa subclass 309;
- You must be in a real relationship with your spouse or de facto partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen, and he or she must be your sponsor.
- You must have your spouse or de facto partner sponsor you
- You must be a minimum of 18 years old
- You must be outside Australia when you submit your application for this visa, and family members who want to come with you must also be from outside Australia.
- Your immigration history will be taken into consideration when making a decision on your application; therefore, if you have had a visa revoked or refused, you may be ineligible for this visa.
- If you or someone in your family owes money to the Australian government, you must have paid it back or made plans to do so.
- You must satisfy Australian health and character requirements.
- You and your partner must be married or in a de facto relationship (at least 12 months together).
- You and your partner must be able to offer evidence that the relationship is real.
Document Checklist for Australia Provisional Partner Visa
Here’s a list of the essential documents and information required when applying for the Australia Provisional Partner Visa, Subclass 309:
- Identity Documents such as;
- Certified copies of your passport’s biographical data page.
- Passport Photo x2 of the Applicant
- Certified copies of your national ID card and birth certificates for you and any family members included in the application.
- Relationship Proof such as:
- Proof of your genuine and ongoing relationship with your Australian partner. This may include joint bank account statements, shared utility bills, and lease agreements.
- Personal statements from both you and your partner detailing the history of your relationship, how you met, and your plans for the future.
- Photographs together as a couple from different periods of your relationship.
- Health and Character Requirements such as;
- Results of health examinations conducted by authorized panel physicians. You’ll receive instructions on how to do this once you apply.
- Police clearance certificates from each country you’ve lived in for 12 months or more in the past ten years.
- Sponsorship Information such as:
- Details of your Australian sponsor, including their Australian citizenship or permanent residency status.
- Statutory declarations from your sponsor and, if applicable, a co-sponsor, affirming their commitment to support you financially and otherwise.
- Marriage or De Facto Relationship Proof
- If you are married, provide a copy of your marriage certificate.
- If you are in a de facto relationship, you’ll need to provide evidence of living together, such as shared bills, rental agreements, or other cohabitation proof.
Personal Documents of Sponsors
- Passport biodata page for the Sponsor
- 2 Passport photos of the Sponsoring Partner
- Evidence of Sponsor’s employment during the last two years
- Form 80 – Character Assessment of Sponsor Australian Federal Police Clearance
- Offshore Police Clearances (where applicable)
Additional Documents for Dependent Children
- Parental responsibility paperwork allowing children under the age of 18 to migrate to Australia (where applicable).
- Adoption paperwork for children (where applicable)
- If your child is over the age of 18, make sure they can be included in your application. Take note;
- Form 80 is for dependent children aged 16 and up.
- Australian Federal Police Clearance for dependent children aged 16 and over Offshore Police Clearancess for dependent children aged 16 and over may be required.
Additional Documents
- Any other relevant documents that can strengthen your case, such as evidence of joint travel, joint assets, or social commitments as a couple.
- At least two statutory declarations by third parties supporting your relationship (Form 888). We recommend providing 4 to 6 Form 888s.
Documents to Prove that your Relationship is Real
The Australian visa officials will need many documents to establish that your relationship is real. This can include utility statements addressed to both of you in order to show that you share domestic matters, a joint bank account to indicate that you share finances, phone records to show that you communicate when you are apart, pictures of the two of you together and with other people to show that you have spent time together and that other people are aware of your relationship, and so on.
Australia Provisional Partner Visa Subclass 309 – Bridging Visa
While waiting for your Subclass 309 visa to be processed, you may be eligible for a Bridging Visa, which allows you to remain in Australia. This is particularly helpful for those who are already in the country on a valid visa.
Australia Provisional PartnerVisa Subclass 309 – Costs and Processing Times
Australia Provisional Partner Visa subclass 309 costs start from AUD8,850.00. While the processing times for this visa may vary from 22 months upward, it is highly recommended that you use the visa processing time guidance tool to get an idea of how long it will take to process this visa.
*Costs are accurate as of October 2023.
Further information is available on the Department of Home Affairs website.
FAQs on the Australia Provisional Partner Visa Subclass 309;
Q: Who can apply for a Subclass 309 visa?
Ans: You can apply for a Subclass 309 visa if you are in a genuine and exclusive relationship with an Australian partner. This includes married, de facto, or same-sex relationships.
Q: Can I apply for Subclass 309 while I’m in Australia?
Ans: No, Subclass 309 is an offshore visa, and you must be outside Australia when you apply and when the visa is granted.
Q: What documents are required to prove the genuineness of my relationship?
Ans: You’ll need to provide documents like joint bank account statements, shared utility bills, lease agreements, personal statements, photographs, and any other evidence that demonstrates the authenticity and ongoing nature of your relationship.
Q: Can I include family members in my Subclass 309 application?
Ans: Yes, you can include dependent children in your application. You must provide their birth certificates and other relevant documents.
Q: What happens if my relationship ends while my Subclass 309 visa is being processed?
Ans: If your relationship ends, you should inform the Department of Home Affairs, as it may affect the visa application. The department will assess your situation on a case-by-case basis.
Q: Can I apply for a bridging visa while waiting for my subclass 309 to be processed?
Ans: In some cases, you may be eligible for a bridging visa, allowing you to stay in Australia during the processing period. This is particularly useful for those already in Australia on a valid visa.
Q: Is it possible to extend the Subclass 309 visa if the processing time takes longer than expected?
Ans: Generally, you cannot extend a subclass 309 visa. It’s essential to ensure that your application is complete and accurate, and you may apply for a bridging visa if needed to maintain your lawful status in Australia.
Q: What happens if my Subclass 309 visa is refused?
Ans: If your Subclass 309 visa application is refused, you have the right to review the decision. You’ll receive instructions on how to appeal the decision along with the refusal notice.
Q: Is professional assistance necessary for the visa application process?
Ans: While you can apply for the Subclass 309 visa without professional assistance, many applicants choose to consult a registered migration agent or immigration lawyer to ensure their application is complete and accurate.
Q: Can I apply for the Subclass 100 visa directly instead of going through the Subclass 309 stage?
Ans: No, you must go through the two-stage process, starting with Subclass 309. After a designated waiting period and meeting specific criteria, you can then apply for the Subclass 100 visa.