Do I Need to Be Outside Australia When My 309 Is Granted?

Why must I be outside Australia for the Subclass 309 to be granted?

The applicant must generally be outside Australia for the Subclass 309 to be granted because the Subclass 309 is an offshore visa, and the regulations require the applicant to be outside Australia at the time of decision. If the Department is ready to decide while the applicant is in Australia, it will usually wait or ask the applicant to depart, which can delay the grant. Our page on the Subclass 309 visa explains the location rules at each step.

Can my partner visit Australia while the Subclass 309 is processed?

A partner can visit Australia while the Subclass 309 is processed, but only on a separate visa, usually a visitor visa, and the visitor visa must be applied for and granted on its own merits. A visitor visa can be refused where the Department is not satisfied the person intends a genuine visit. Couples should plan the visit so the applicant leaves before the Subclass 309 is likely to be decided. Our article on partner visa overseas travel explains how to plan these trips.

What if the Department wants to grant the Subclass 309 while my partner is here?

If the Department wants to grant the Subclass 309 while the applicant is in Australia, the Department will usually contact the applicant or the authorised recipient and ask the applicant to leave so that the visa can be granted. The applicant should respond promptly and depart as arranged, because the visa cannot be granted while they remain. Leaving earlier than planned is usually a small cost compared with a delayed decision. Our article on partner visa processing delays explains other causes of delay.

Can my partner switch to an onshore Subclass 820 while visiting?

A partner who is visiting cannot simply switch the Subclass 309 to a Subclass 820 while in Australia. Lodging a new onshore application can be blocked by condition 8503 on the visitor visa, and Schedule 3 may apply once the visitor visa ends. Some couples consider this path without advice and lose the offshore application's progress. Our articles on offshore lodgement mistakes and the partner visa while on a tourist visa explain the risks.

Where must my partner be when the Subclass 100 is granted?

The applicant can be in or outside Australia when the Subclass 100 is granted, as long as they are not in immigration clearance. Most Subclass 309 holders live in Australia by the time the permanent stage is assessed, generally two years after lodgement, and the Subclass 100 is granted while they are here. Our article on the permanent partner visa explains the second stage.

How does My Migration Lawyers plan visits around a Subclass 309 grant?

My Migration Lawyers plans the applicant's visits to Australia around the stage of the Subclass 309 application, so a visit does not coincide with a likely decision. Because the firm receives the Department's correspondence as authorised recipient, it can act at once if the Department signals that it is ready to grant and the applicant needs to depart. Sponsors can speak with our partner visa lawyers before booking travel.