This Partner visa 309 checklist will help you fulfil your dream of spending the rest of your days with the love of your life, walking hand-in-hand along the shores of Bondi beach. That’s the dream that this visa makes possible for couples who want to build a life together in Australia.
Overview of the Partner (Provisional) Visa
The Partner (Provisional) Visa Subclass 309 is a temporary visa that allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia.
It lasts from the date of grant until the DHA makes a decision on your permanent Partner visa application. Other eligibility and documentary requirements are provided in the Partner visa 309 checklist below.
A Subclass 309 temporary partner visa holder can:
- Live, work, and study in Australia while their permanent Partner visa is on process.
- Travel to and form Australia.
- Attend free English language classes provided by the Adult Migrant English Program.
- Apply for access to Australia’s public health care scheme, Medicare.
Moreover, this visa is the first stage of a two-stage process that leads to permanent residency in Australia. After at least two years have passed since the date of your Subclass 309/100 Partner visa application, you may be eligible to apply for the Subclass 100 Partner (Migrant) visa, which grants permanent residency.
Applicants are to lodge Subclass 309 and Subclass 100 Partner visas simultaneously when they are outside Australia. Additionally, the Department will assess and grant in two separate stages for relationships that are not long-term partner relationships.
The processing time for both visas can vary, and there is no guarantee of a specific timeframe for visa grants. However, working with a migration agent or lawyer can ensure your application is prepared and submitted correctly, potentially reducing processing time and increasing the chances of a successful outcome.
Partner Visa Australia 309 Checklist
To assist you in your application for the Partner (provisional) visa, this Partner visa 309 checklist will serve as an easy reference during your application:
| Eligibility | ☐You must not have had a visa cancelled or an application refused before. ☐You must be outside Australia when you apply. ☐You must have a sponsor (your partner) when you lodge your application. ☐Home Affairs must approve your sponsor. ☐You must be at least 18 years old or older when you apply. ☐You must meet relationship requirements – you must be the spouse or de facto partner of an Australian citizen, Australian permanent resident, or Eligible New Zealand citizen. For Married applicants – you must be married, and your marriage is valid under Australian law: – You have a mutual commitment with your spouse to exclude all others. – Your relationship is genuine and continuing. – You either live together or don’t live permanently apart. – You are not related by family. For De facto partners – you must be in a de facto relationship, which means you are not married to each other. However, all other three requirements listed above must exist. Additionally: ☐You must satisfy the health requirements. ☐You must satisfy the character requirements. ☐You must have no debt to the Australian government. ☐Application for this visa must be for the best interest of an applicant under 18. |
| Documents | Identity Documents ☐ A birth certificate showing the names of both parents, or ☐Identification pages of a family book showing the names of your parents. ☐Identification document issued by the government. ☐A court-issued document that proves your identity. ☐Identification pages of a family census register. ☐The personal pages of your current passport that show your photo and personal details. ☐A national identity card if you have one. ☐Proof if you have changed your name, such as a marriage or divorce certificate, change of name documents, or other documents that show other names you have been known by. Proof of Relationship with Your Partner ☐If married, provide a marriage certificate. ☐If in a de facto relationship, you can detail in writing the relevant aspects of your relationship, such as how, when, and where you first met, how your relationship developed, when you moved in together, what you do together, and other significant events in your relationship. Financial Documents ☐Joint mortgage ☐Lease contracts ☐Loans ☐Bank account statements ☐Household bills in both names Character Documents ☐Australian police clearance (Complete Disclosure National Police Certificates issued by the Australian Federal Police). ☐Overseas police clearance – a police certificate from every country you have spent a total of 12 months or more in the last 10 years since turning 16. ☐If you have served in the armed forces of any country, you need to include your discharge papers and military service record. |
| Application | ☐Appoint a person to receive correspondence relating to your visa application. You must use Form 956A to do so. If you appoint an agent or a lawyer, use Form 956. ☐Prepare your identity, character, evidence of relationship, and other important documents. ☐Apply for the visa online and outside Australia. ☐After your application, wait for the receipt notice from the Department of Home Affairs (DHA). ☐Wait for the visa outcome. |
Frequently Asked Questions About the Partner Visa 309
- How long can I stay with this visa?
You may remain in Australia until your application for a permanent partner visa (subclass 100) is approved, or you decide to withdraw it. Moreover, see Partner (Migrant) visa (subclass 100) for details on processing timelines for the permanent stage.
- Can I include family members in this visa?
Yes, you can include members of the family unit in your application:
- When you lodge your visa application, or
- Add a dependent child after you lodge your application but before the DHA decides on your temporary visa.
However, they are required to meet the health and character requirements. They must also be outside Australia during the application.
- How much will this visa cost me?
AUD 8,850 as of September 2023– Your payment for this visa will cover the Temporary visa (subclass 309) and the Permanent Partner visa (subclass 100). If you include a family member, there will be an additional fee. You might also have to pay other costs for health checks, police certificates, and biometrics.
- What are my travel entitlements with this visa?
You are free to make as many trips to and from Australia as you choose. Before the deadline noted in your grant letter, you must enter Australia. The first entry date is typically 12 months from the visa’s issuance date.
Assistance from Migration Lawyers
Immigration is a complex and ever-changing process. The laws and regulations can be challenging to understand, and even the smallest mistake can lead to a denied application or a delayed visa. That’s why it’s important to hire a qualified migration lawyer to guide you in ticking off everything that needs to be done in the Subclass 309 Partner visa checklist
JB Solicitors’ migration lawyers can provide expert advice and guidance on all aspects of the immigration process. We can help you choose the right visa category for your needs, prepare your application and supporting documentation, and represent you at any interviews or hearings. Our team can also help transition your partner visa to a prospective marriage visa.
Contact us today for any clarification about the Partner visa 309 checklist.
