What Is the Subclass 309 Spouse Visa?

Who can apply for the Subclass 309 spouse visa?

The Subclass 309 spouse visa can be applied for by a person outside Australia who is married to, or in a de facto relationship with, an eligible sponsor. The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and must not be prevented from sponsoring by the limits in regulation 1.20J. The applicant must also meet health, character and other public interest criteria, including PIC 4020 on false or misleading information. Dependent children can be included in the application where they meet the dependency requirements. Our page on the Subclass 309 visa explains eligibility in more detail.

What can a Subclass 309 holder do?

A Subclass 309 holder can travel to Australia, live, work and study in Australia, and travel in and out of Australia while the Subclass 309 is in effect. The holder can usually enrol in Medicare once in Australia. The visa generally remains in effect until the Department decides the Subclass 100. Our articles on partner visa conditions and partner visas and Medicare explain these entitlements.

How does the Subclass 309 lead to permanent residence?

The Subclass 309 leads to permanent residence through the Subclass 100, which is part of the same application. The Department generally assesses the Subclass 100 two years after the combined application was lodged, and the couple must still be in a genuine and continuing relationship unless an exception applies. Our article on the partner visa two-stage process explains what happens at each stage, and our article on second stage documents lists what is usually provided.

Does the applicant need to be outside Australia for the Subclass 309 grant?

The Subclass 309 applicant generally needs to be outside Australia when the visa is granted. An applicant who visits Australia during processing on a visitor visa should check where they will be when a decision is likely, because being in Australia at the time can delay the grant. Our article on partner visa overseas travel explains how travel affects the offshore application. Applicants who plan to visit should tell the Department of their travel dates and keep their contact details current, so that a grant is not missed or delayed.

What happens if the Subclass 309 is refused?

If the Subclass 309 is refused, the visa applicant can apply to the Administrative Review Tribunal for review in their own name, from outside Australia, within a strict time limit. The sponsor does not apply for review. Our page on partner visa refusals explains how review applications are prepared, and our article on offshore lodgement mistakes explains how many refusals begin.

How does My Migration Lawyers run a Subclass 309 application?

My Migration Lawyers runs a Subclass 309 application with the sponsor in Australia as its main contact while preparing the overseas spouse's case in full. The firm checks the marriage, both partners' visa histories and the sponsor's eligibility, prepares the relationship evidence across the four aspects, and manages health checks, police certificates and Department requests to decision. Sponsors can speak with our partner visa lawyers about starting a Subclass 309.