309 Visa

The 309 Visa is also known as Offshore Partner Visa (Subclass 309).

This visa lets the de facto partner or spouse of an Australian citizen, permanent resident or eligible New Zealand citizen live in Australia temporarily until they are granted a permanent Partner Visa (subclass 100).

In other words, this visa leads to Permanent Residency.

If you are granted a 309 Visa, you can live, work and study in Australia while the permanent 100 visa is being processed. You can also travel to and from Australia as many times as you want.

Likewise, you can attend free English language classes provided by the Adult Migrant English Program.

It’s important to note that you can also run a business if you hold an 309 Visa, since you can apply for an ABN.

You can also buy a house, as long as the person on the 309 Visa buys the property together with an Australian citizen.

Holders of a 309 Visa may be eligible to apply for Centrelink for a range of benefits including Family Tax Benefit, Parental Leave Pay, and Low Income Health Care Card.

To be eligible for a 309 Visa you must be married or living together for 12 months (recently) with an Australian citizen, permanent resident or eligible New Zealand citizen.

If you haven’t been living together for 12 months, you must register your relationship.

You must be outside of Australia when lodging an application for a 309 Visa and also when the decision is made.

The Department of Home Affairs will consider the following aspects of your relationship when assessing whether it meets the definition of a marriage or de-facto relationship:

Financial Aspect of a 309 Visa

(Joint ownership of major assets, e.g. property, joint financial responsibilities and/or pooling of your financial resources)

• Mortgage or lease documents showing joint ownership or rental of property
• Loan documents of major assets such as homes, cars or major appliances in both names
• Joint bank accounts
• Household bills in both names

Social Aspect of a 309 Visa

(Is your relationship known to third parties, e.g. to family and friends?)

• Joint invitations, going out together, friends and acquaintances in common
• Proof that you and your partner have declared your relationship to government bodies, commercial or public institutions
• Proof of joint sporting, cultural or social activities
• Proof of joint travel

Household Aspect of a 309 Visa

(Shared domestic responsibilities in your household, and organising your daily lives together)

• A statement about the way housework is distributed
• Household bills in both names
• Mail or emails addressed to both of you
• Joint responsibility for children
• Your living arrangements

Nature of Commitment to One Another Aspect of a 309 Visa

(Do you intend to be in a committed, long-term, and exclusive married or de-facto relationship?)

• Knowledge of each other’s personal circumstances such as background and family situation.
• Documents that show you have combined your personal matters
• The terms of your wills
• Letters and phone bills that show you have been in contact when apart.

Future Plans Together Aspect of an 309 Visa

(Do you intend to buy a house, have children, live in Australia or live abroad?)

What’s the processing time of a 309 Visa

According to the Department of Home Affairs, 90% of 309 Visa applications take 36 months to be processed.

YOU MUST LODGE A “DECISION-READY” APPLICATION IF YOU WANT TO FAST TRACK YOUR 309 VISA PROCESSING TIME. BUT HOW DO YOU DO THAT?

According to Ramtin Diznab, Gold Migration Principal Lawyer, part of the secret to speed up your partner visa processing time lies in how you structure the statutory declaration.