Provisional Partner Visa 309

Provisional Partner Visa (Offshore)

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 100).

 
spouse visa australia

Stay

Temporarily, until we decide your permanent Partner (Migrant) visa (subclass 100) application or the application is withdrawn

Cost

From AUD7,715

Processing times

  • 75% of applications: 19 months
  • 90% of applications: 23 months

With this visa you can

  • live, work and study in Australia while we process your permanent Partner (Migrant) visa
  • travel to and from Australia as many times as you want
  • attend free English language classes provided by the Adult Migrant English Program

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 and when the visa is granted

Note: The Department is not asking Family visa applicants to travel offshore at this time.

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  • stay in Australia until we decide your permanent Partner (Migrant) visa (subclass 100) or the application is withdrawn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 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

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.

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 we decide on your temporary visa.

Family members who apply with you must:

  • meet our health requirement
  • meet our character requirement
  • be outside Australia

You can also add them after we grant the temporary visa.

Cost

AUD7,715 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 take into account other costs you might also have to pay such as those for police certificates, health checks or biometrics.

Apply from

You must be outside Australia when you apply for this visa. You must be outside Australia when we decide your temporary visa application. 

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 we need more information from you
  • it takes time to verify your information

We can’t process your application if you do not pay the correct visa application charge. We will notify you if this is the case.

Your obligations

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

Note: You must enter Australia before the date specified in your grant letter. The first entry date is generally set at 12 months from the date of visa grant.

Travel

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

Note: You must make your first entry to Australia as the holder of this visa before the date specified in your visa grant letter. The first entry date is generally set at 12 months from the date of visa grant.

Visa label

We will digitally link your visa to your passport. You will not get a label in your passport

Meet relationship requirements

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

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 while we are considering your application.

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 we granted their visa
  • you de facto partner told us about the relationship before we 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.

We must approve your sponsor. 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 we grant 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.

Meet our health requirement

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

Meet our character requirement

You and any family members who apply for the visa with you must meet our 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

We might not grant 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.

get advice and assistance

We offer Professional Guidance From A Registered Migration Agent

Here at Settlers Migration our team of migration agents can provide you with the appropriate guidance and advice so you can put forth the best application possible for any Visa you are going for.