309 Visa

309 visa 

309 Visa – Offshore Partner 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.

Who can apply for a 309 Visa?

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.

Here at Gold Migration Lawyers we have had record-breaking 309 visa processing times.

On 12 July 2022, a Malaysian national who hired us to prepare and lodge her 309 visa application got it approved in only 3 months and 8 days.

On 2 September 2022, a client from the Philippines got her 309 Partner Visa approved in just 4 months and 3 days.

What’s the secret?

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.

Events must follow a sequential order.

Everything must be interconnected.

No inconsistencies.

PREPARING A “DECISION-READY” 309 VISA APPLICATION IS ALMOST LIKE WRITING A MOVIE SCRIPT SAYS ONE OF THE TOP 309 VISA LAWYERS IN AUSTRALIA…

If a script writer takes one page out of a movie script or if he messes up with its page order, nobody will understand the movie.

The same goes to your partner visa application. If you miss an important document in your partner visa application or if you don’t follow a good structure and sequential-narrative throughout your statements, the case officer will be doubtful at best and lost at worst.

What’s more, documents and photographs must be paired with the right statements, backing up all written claims.

Think of it as the storyboard built after the movie script…

NOW LET’S BE FRANK, MOST PEOPLE WHO ARE LODGING A 309 VISA APPLICATION FOR THE FIRST TIME ARE LIKELY TO LODGE A VERY WEAK APPLICATION…

Missing a document or having a lack of sequential-narrative within your statements will significantly increase your partner visa processing time.

Worse still, it will compromise the entire application and you may get a visa refusal.

The refusal rate for 309 visas in Australia is very high. In 2018, 42% of 309 visas were denied. Most of them were lodged by applicants without the help of a partner-visa-specialised migration agent or lawyer.

That’s why it’s highly recommended that you seek professional advice from partner-visa-experts before lodging a 309 visa application. Especially if your case is not straightforward.

SEE, THE SUCCESS OF A SHORT-TIME-PROCESSING 309 VISA APPLICATION RELIES ON SEQUENTIAL STORYTELLING…

You need to combine all different stories into a single unit.

You got to please the case officer… Not make his job difficult.

Don’t get me wrong! Everything from facts to evidence must be 100% genuine. But they should be presented in a very compelling and easy to understand format.

And that’s a skill that Gold Migration Lawyers have developed in the course of 12+ years specialising in 309 visas.

Think of Gold Migration Lawyers as the script writers and storyboard artists to some of the most successful Hollywood movies.

No wonder in 2022, Gold Migration was rated “best partner visa lawyers in Australia” by TTL.

IF YOU DON’T KNOW HOW TO PUT TOGETHER A “DECISION-READY” APPLICATION WITH A COMPELLING SEQUENTIAL NARRATIVE IN ORDER TO INCREASE YOUR CHANCES OF SPEEDING UP YOUR 309 VISA PROCESSING TIME, FILL IN THE FORM BELOW AND GET IN TOUCH WITH ONE OF AUSTRALIA’S TOP 309 VISA LAWYERS…

Helping People Just Like You

What matters to us most is what our clients have to say about their experience once everything has been resolved. Below are some of the messages we have received from people we’ve represented.

Abdul hamid Adam
Abdul hamid A.
My partner and I walked into Gold Migration for the first time in early November 2023 for seeking help about my case in AAT. Saemeh Ghasemi help me and support me through with everything that I need to prepare for hearing in next few week. Saemeh Ghasemi also accompany and attend AAT hearing with me. Saemeh Ghasemi always give us mentally support, tell us don’t be stress. In January 2024, Saemeh called me and give me a good news, that we won ATT. Thank you Saemeh Ghasemi, you make my self and my partner can be together and stay in Australia together. Thank you Gold migration lawyers.read more
Simon m
Simon m
I engaged Gold Migration, because I had left things a little too late and there were some factors that were too complicated and too confusing and too high risk for me to do on my own.My first meeting with them was by video. I was looking at a set up with lined up desks much like you see in a court room drama. There were 3 people in the room. They asked me to describe my circumstances and they answered my questions. They were forthright and pulled no punches, they told me the risks and the issues I would have to deal with. Then they conferred together and then gave me a price. It wasn’t the most expensive I had been quoted, nor the cheapest, but what impressed me about them was the machine like efficiency they dealt with the problem from the beginning. There are NO surprises from this firm. They lay out all the costs at the time of engagement, they tell you the steps they will be taking and their approach.Remember this is Immigration you’re dealing with, even expert lawyers have no control over such a department, timescale is not in the control of you or your lawyers.For the first month it was a flurry of activity for me. They sent me a cloud based drive to upload all my documents and evidence to. They reviewed it and made suggestions. All of the statements they asked me to write came with examples and best way to write them. Then they told me they had everything they needed and to leave it with them. On reflection I realised I had witnessed a highly experienced team in action. They asked for and got what they needed, it was explained and documented and organised. They have a very efficient set of procedures they follow and they make sure all the boxes are ticked before they submit.You can’t fault this level of experience and practical application, you basically pay them and go along for the ride. Over the months as immigration dealt with the case they came back to me a few times and asked for more information. I know they wrote reports and fielded questions from immigration but all I got was a comment that everything was tracking as planned.The most interesting part for me to see was the obvious pleasure and satisfaction they enjoyed when they called me to tell me we finally had the PR visa. They took it personally and that meant a lot to me.Are they expensive ? Well that depends, how much is having your family members live with you in Australia worth to you ? They are not the cheapest , they are not the most expensive, but I am confident that they are the best!If you are worried about getting a loved one or a valued worker a visa, or you are having issues with your visa, you should not hesitate to go with the gold standard. Go with Gold Immigration and sleep better at night knowing your visa issue is in good hands.read more
Jalal Razavi
Jalal R.
Entrusting Gold Migration Lawyers was the best decision I ever made for my parents to obtain a safe and secure future here in Australia. A life changing decision for them.Our case manager was Saemeh Ghasemi who was instrumental in ensuring their Protection Visa was thoroughly detailed and solid. Saemeh was very kind caring and took extra effort to understand and appreciate the dire situation of my parents and was very supportive all the way to a successful "Visa Granted" outcome.Thank you Saemeh and team for your dedicated and supportive service to me and my parents."Gold Migration Lawyers indeed provides GOLD CLASS service" and I strongly recommend them to our family and friends.read more
Daniel Esdaile
Daniel E.
My partner and I had walked into Gold Migration for the first time in May of 2023. I was anxious at I knew by the time we would have to lodge our partner visa we would not have lived together for 12 months. Walt had given us the reassurance that all would be okay, I instantly felt that sigh of relief through the professional and welcoming service that Walt and his team had provided. We then began our journey with Gold Migration Lawyers, the whole time Walt had been there to support us through every enquiry and every piece of evidence. We eventually submitted our visa in October with every bit of confidence of a positive outcome. In February we got out 820 grant, the moment Walt had told me that the visa had been granted I began to cry of happiness. Thank you Walt! Thank you Gold migration lawyers, you have allowed myself and my partner to be in Australia together.read more
Ghassan Elbarhoun
Ghassan E.
I’d like to thank SAEMEH GHASEMI and her team for their exceptional work on our visa, very very easy process ,I highly recommend gold migration, thanks Samy.
Isoa Talevakaruamainairai
Isoa T.
Massive thank you goes to Saemeh Ghasemi and Carolyn Araboghlian at Gold Migration Lawyer for their relentless support throughout the process of preparing for my AAT appeal right through the exciting news of successfully wining the AAT Appeal. Wow absolutely amazing, to be able to work with Saemeh Ghasemi and Carolyn Araboghlian. Saemeh Ghansemi have been going extra miles to ensure that Gold Migration provide and delivered positive experience that took so much anxiety, nerves away and for genuinely cares about her clients. I am so pleased and grateful to be able to trust Gold Migration Lawyers for the Successful Outcome of my AAT Appeal. Even before the appeal I was already recommending Gold Migration Lawyer to my friends due to the best services that they have already initiate from the beginning of the services. I have never experience best services before thanking you so much Saemeh Ghasemi for going extra miles really means a lot to me personally and Thank You so much Gold Migration for an AMAZING SERVICES. I would definitely highly recommend Gold Migration Lawyers.read more
Tyler Meier
Tyler M.
Hiring Gold migration lawyers, and having Saemeh represent my partner was the best decision we could have made. My partner was applying for a Visa and had a hearing at the AAT, and Saemeh helped us prepare and get ready for the hearing and represented him very well, we were successful and found out within 2 weeks!! Saemeh’s had the expertise and knowledge to help us and we are so so thankful to her and the team at Gold Migration.read more
Syed Rizvi
Syed R.
Just wanted to say thank you walt for helping us getting our permanent residency after alot of bumps in our case.Thank you team gold migration
Kelvin Khant
Kelvin K.
Excellent service and you can always contact the team at anytime. absolutely recommended!