Subclass 309 Partner (Provisional) Visa

The Subclass 309 Partner Visa is a temporary visa that allows the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia while their permanent Partner Visa (Subclass 100) is processed. This visa is applied for outside Australia and is the first step toward permanent residency for partners who are not in Australia. Learn more about Partner Visas.

To be eligible, you must be in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. This relationship can be through marriage, a de facto partnership, or a registered relationship. You must be outside Australia when you apply and when the visa is granted, and you need to meet health and character requirements.

Processing times for the Subclass 309 visa can vary, but it typically takes about 13 to 20 months. Factors that can affect processing times include the completeness of your application, how quickly you respond to requests for additional information, and the current caseload of the Department of Home Affairs. Subscribe on YouTube for regular Partner Visa processing updates.

You will need a range of documents to support your application, including evidence of your relationship (such as joint bank account statements, lease agreements, and photos together), identity documents (passport, birth certificate), and proof of your sponsor's citizenship or permanent residency status. Additionally, you will need police checks and may be required to undergo health examinations. Download the Free Guide to Partner Visas for more information about Partner Visa requirements.

Yes, holders of a Subclass 309 Partner Visa have full work rights in Australia. You can also study, but you may not be eligible for government funding for education. This visa allows you to live, work, and study in Australia while you wait for your permanent visa (Subclass 100) to be processed.

If your relationship ends while your Subclass 309 visa is being processed, you must notify the Department of Home Affairs. The outcome will depend on your individual circumstances. In some cases, the visa application may be canceled, but exceptions exist, such as having children with your partner or demonstrating that the relationship ended due to family violence.

Yes, you can include dependent children in your Subclass 309 Partner Visa application. They must meet health and character requirements, and you will need to provide evidence of your relationship with them, such as birth certificates. Children included in your application will have the same visa conditions and rights as you.

Applicants must undergo health examinations to meet Australia's health standards. This may include medical, x-ray, and HIV tests. For character requirements, you must provide police certificates from every country you have lived in for 12 months or more over the past 10 years. The Department of Home Affairs assesses character based on these certificates.

While your Subclass 309 visa is being processed, you can apply for a visitor visa to travel to Australia temporarily. Learn more about Visitor Visas.

The Subclass 100 Partner Visa is the permanent stage of the Partner Visa process. Approximately two years after you apply for the Subclass 309 visa, the Department of Home Affairs will invite you to submit additional documents to transition to the Subclass 100 visa. You will need to provide updated evidence of your ongoing relationship and meet any additional health and character requirements. Find out more about Permanent Partner Visa Processing.