Partner Visa Subclass 309

Partner visa subclass 309

Partner Visa (Subclass 309): With this visa you can

  • stay in Australia until your permanent Partner (Migrant) visa (subclass 100) is decided or the application is withdrawn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 up to 510 hours of free English language classes provided by the Adult Migrant English Program
  • enrol in Australia’s public health care scheme, Medicare

Partner Visa (Subclass 309): How long you can stay

Stay on the visa until your permanent visa (subclass 100) application is decided 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. You might be granted the permanent visa immediately after the grant of the temporary 309 visa.

Include family members

You can include your members of the family unit in your application. You can:

  • include them when you lodge your visa application
  • add a dependent child after you lodge your application but before your temporary visa is decided.

Family members who apply with you must:

You can also add them after you are granted the temporary visa.

Partner Visa (Subclass 309): Cost

A$ 7715 for the main applicant. This fee covers both:

  • this temporary visa
  • the permanent Partner (Migrant) visa (subclass 100)

There is also a fee for each family member who applies for the visa with you, unless they hold a Dependent Child visa (subclass 445). There is no fee for subclass 445 visa holders.

To work out how much your visa might cost use the Visa pricing estimator.

The estimator does not consider other costs you might also have to pay such as those for police certificates, health checks or biometrics.

Partner Visa (Subclass 309): Apply from

Usually, you must be outside Australia when you apply for this visa. You must be outside Australia when a decision is made your temporary visa application.

Partner Visa (Subclass 309): Processing times

Your application might take longer to process if:

  • you do not fill it in correctly
  • you don’t include all required documents, or more information is needed more information from you
  • it takes time to verify your information

Partner Visa (Subclass 309): Your obligations

You and your family members must meet all visa conditions and obey Australian laws.

See what conditions might be attached to this visa.

Partner Visa (Subclass 309): Adequate health insurance

It is recommended that you take out health insurance to cover any unforeseen medical treatment you might need in Australia. You are personally liable for all your healthcare costs while you are in Australia. Insurance can help limit your financial liability.

Learn more about  Overseas Visitor Health Cover.

Reciprocal healthcare agreements

Some countries have a reciprocal health care agreement with Australia. If your country does, you are covered for essential healthcare services by public health care scheme, Medicare. Depending on the agreement, you might be covered:

  • for different things
  • for a different period of time.

You are still responsible for any costs that aren’t covered by Medicare. Consider getting OVHC to cover you for things Medicare doesn’t. Travel insurance might be adequate for short stays.

Private health insurance

You can get Australian residents’ private health insurance if you have:

  • an interim (blue) Medicare card
  • a full (green) Medicare card

Partner Visa (Subclass 309): Travel

You can travel to and from Australia as many times as you want.

Partner Visa (Subclass 309): Visa label

Your visa will be digitally linked to your passport. You will not get a label in your passport

Partner Visa (Subclass 309): Meet relationship requirements

In most cases, you must be the spouse or de facto partner of an:

  • Australian citizen
  • Australian permanent resident or
  • eligible New Zealand citizen

Your relationship can be with someone of the same or different sex.

You might still be eligible for the visa if your relationship breaks down or your sponsor dies.

Married applicants

To be a married applicant:

  • you and your spouse must both be committed to a shared life together to the exclusion of all others
  • your relationship with your spouse must be genuine and continuing
  • you must live with your spouse or do not live apart on a permanent basis
  • your marriage must be valid under Australian law

To find out if your marriage is valid under Australian law, contact the relevant state or territory agency for births, deaths and marriages.

De facto partners

To be a de facto partner, you must be in a de facto relationship.

  • you and your partner are in a de facto relationship if all these apply:
  • you are not married to each other
  • you are committed to a shared life to the exclusion of all others
  • your relationship is genuine and continuing
  • you live together or do not live separately and apart on a permanent basis
  • you are not related by family

Usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.

The 12-month requirement will not apply if you can show us compelling and compassionate circumstances exist to grant the subclass 820 visa.

The 12-month requirement also will not apply if:

  • your partner holds or held a permanent humanitarian visa
  • your de facto relationship existed before they are granted their visa
  • your de facto partner told the Department of Home Affairs about the relationship before they are granted their visa

It also will not apply if you:

  • are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
  • you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages

You might still be granted the temporary visa if your relationship has broken down or if your sponsor died.

Have a sponsor

You must have a sponsor when you lodge your application and when you are on this visa.

Your sponsor must be approved first. There are limitations on approval.

You can’t change your sponsor. The person who sponsors you when you apply for the visa must be same person who sponsors you for 2 years after you are granted your temporary 309 Partner visa.

Be the right age

Married applicants must usually, be 18 or older when they apply. This is because usually, you must be 18 or older to be married under Australian law.

Applicants in de facto relationships must be 18 or older when they apply.

Partner Visa (Subclass 309): Meet health requirement

You, and any member of the family unit or dependent child who applies for the visa with you, must meet health requirement. Family members who don’t accompany you to Australia might also need to meet health requirement.

Partner Visa (Subclass 309): Meet character requirement

You and any family members who apply for the visa with you must meet character requirement.

Pay your debts to the Australian Government

If you or any family members (including those who don’t apply for the visa with you) owe the Australian government money, you or they must have paid it back or arranged to pay it back.

Best interests of the child

You might not be granted this visa if it is not in the best interests of an applicant under 18.

Not had a visa cancelled or an application refused

You might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia. Check if visa cancellation affects your eligibility.

You might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia. Check if visa cancellation affects your eligibility.

Source: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore/provisional-309#Overview