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SUBCLASS 309 – SPOUSE VISA

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

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KEY ELIGIBILITY REQUIREMENTS

  • Be in a genuine relationship with your prospective spouse who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • Have sufficient and comprehensive evidence to support your claims regarding your relationship
  • Be outside of Australia at the time of application and decision
  • Not had a visa cancelled or an application refused
  • Meet De facto or marriage requirements
  • Satisfy the evidence requirement
  • Must make an online application and attached all evidence online
  • Have an eligible sponsor who is not barred to sponsor you
  • Meet Australia’s Health & Character requirements
  • You must be 18 years old or older when you apply for the visa
  • Satisfy all other visa requirements
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BENEFITS

  • Stay in Australia temporarily, until the Department decides your permanent Partner (Migrant) visa (subclass 100)
  • Work and study in Australia
  • 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
  • Include family members

COST

The visa costs AUD7,715 for the main applicant.

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SPEAK WITH ONE OF OUR IMMIGRATION
LAWYERS TODAY ABOUT APPLYING FOR A SUBCLASS 309 VISA!

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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.

Bastian Alarcón Vergara
Bastian Alarcón V.
I was very satisfied with these guys and how my visa application was handled. We started the process early on together with my sponsor to make sure we had enough time to sort out all the required documents for the application. It only took 6 weeks from the date we applied to get my 482 Skilled Shortage Visa granted which was much quicker than I was expecting. Highly recommended.read more
Ezequiel López Casa
Ezequiel López C.
These Lawyers are fantastic! A special thank you to Kiri. I applied for my partner visa in June 2021 and we were approved January 2022. Kiri and the team at Gold Migration Lawyers were very helpful and down to earth. They made the process very easy. I definitely recommend!read more
Brendon Vuntarde
Brendon V.
Gold Migration have been a pleasure to work with from the day we submitted our application for Partner Visa back in February 2020. They have been very proactive in keeping us up to date and also ensuring that my wife and I had all the information we needed.We both highly recommend Gold Migration Lawyers as they are very good at what they do and are a pleasure to work with.read more
SP Rebrov
SP R.
Most importantly, delivered a positive outcome for my 866 application. Highly recommend the service to anyone seeking protection in Australia.
Kasturi Vijayan
Kasturi V.
Gold migration are one of the best lawyers we have ever dealt with. We were in the verge of loosing hope with my husbands 461 visa and they took over the case and among all other lawyers they were the only ones that gave us positive reinforcement. It is a glorious end when my husband got the visa granted this morning after weeks of sleepless night and having so much uncertainty. I can’t thank gold migration lawyers enough for all the work they have done in this process. I would highly recommend them for any of your legal needs. Andreas you are amazing as well as all your team you work with, can’t thank you guys enough.read more
Johan Mitchell
Johan M.
I received the first stage of my partner visa in <11 months. Great service.
ngoo wei kang
ngoo wei K.
got my visa granted in very short time, very professional and efficiency lawyer, highly recommended.
John Langdon
John L.
If you are looking for professionals who take pride in their work and strive for the best possible outcome, look no further than Gold Migration.They have helped me and my partner obtain a PMV visa in 6 months, a process than can take up 28 months, so the calibre of their standard speaks for itself, I would like to thank you all so much for all of your efforts.read more
Jayden Fisher
Jayden F.
Thank you so much to the team at gold migration for your amazing work, quick responses and professionalism. Without your help I don’t know where we would be right now!Honestly cannot thank you all enough. You’ve made these tough times a lot easier and the future for me and my fiancée much brighter!read more

frequently asked questions

Does the Sponsor need to be offshore as well when I apply for the visa?

No, the Sponsor can be either onshore or offshore.

Can I be in Australia for the decision?

No, you should be offshore when the Department of Home Affairs (DHA) makes a decision on your Partner (subclass 309) visa application. Some limited exemptions apply.

What if I am not married to my Australian spouse and we haven’t lived together for 12 months?

If this is the case, you should consider a Prospective Marriage (subclass 309) visa.

What is the pathway to Permanent Residency with this visa?

In some cases, the Department of Home Affairs (DHA) may approve the Permanent Residency stage at the same time as the subclass 309 visa. If the DHA does not, you will be able to provide further information for the Permanent Partner (subclass 100) visa exactly 2 years after your original Partner Visa lodgement, as long as your Partner Visa has been granted.

Can I travel to Australia whilst I am awaiting a decision on a Partner (subclass 309) visa?

Yes, you can travel to Australia. However, you must be offshore when the DHA makes a decision on your application. Some exemptions apply.