Can I Work Full Time on a 309 Visa?
Key points
- The Subclass 309 is a temporary partner visa that allows the holder to work and study in Australia.
- The Subclass 309 is generally granted while the applicant is outside Australia.
- The Subclass 309 is followed by the permanent Subclass 100, generally assessed two years after lodgement.
- A visitor visa held during a visit before the Subclass 309 is granted does not generally allow work.
What work rights does a Subclass 309 visa give?
A Subclass 309 visa gives the holder the right to work in Australia without a limit on hours, so the holder can work full time, part time or casually, for any employer or in their own business. There is no requirement to work, and no requirement to work in a particular field. Our article on partner visa conditions explains the rights and obligations attached to each partner visa stage.
When do Subclass 309 work rights start?
Subclass 309 work rights start when the visa is granted and the holder is in Australia, so a newly granted holder can begin work after arriving. Before the grant, the applicant is waiting overseas and has no right to work in Australia. Our page on the Subclass 309 visa explains the offshore stage from lodgement to grant.
Can I work in Australia while visiting during Subclass 309 processing?
An applicant visiting Australia during Subclass 309 processing generally cannot work, because a visitor visa does not usually permit work. Working without permission breaches the visitor visa conditions and can lead to cancellation and later character or integrity concerns. Our article on partner visa unlawful work history explains how past work in breach of conditions is treated.
Do I need a tax file number to work on a Subclass 309?
A Subclass 309 holder needs a tax file number to be taxed correctly at work, and can apply to the Australian Taxation Office once in Australia on the granted visa. Employers usually check work rights through the Department's visa checking system. Pay into a joint account with the sponsor can later support the financial evidence for the permanent stage, as explained in our article on partner visa financial evidence.
Does working full time affect the permanent Subclass 100?
Working full time does not affect the permanent Subclass 100, because employment is not a criterion of the partner visa. The permanent stage is decided on whether the relationship is still genuine and continuing, along with health and character. Long hours or work in a different city from the sponsor should not harm the application if the couple keeps living as partners and can show it. Our article on partner visa living apart for work explains how temporary separations are evidenced.
What should I keep for the permanent stage while working?
A Subclass 309 holder should keep payslips, joint bank statements, the lease or mortgage, and records of shared bills while working, because these show the couple's finances and household during the temporary stage. The permanent stage needs current evidence, and gathering it as it happens is much easier. Our article on partner visa second stage documents lists the documents usually requested.
How does My Migration Lawyers support Subclass 309 holders after arrival?
My Migration Lawyers supports Subclass 309 holders after arrival by confirming the visa conditions, advising on changes of address and circumstances the Department must be told about, and preparing the permanent Subclass 100 stage when the Department asks for it. The firm keeps the sponsor and the holder informed together, so the evidence for the permanent stage builds from the day of arrival. Couples can speak with our partner visa lawyers.
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