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Intended To Live In Australia With Your Spouse Under Partner Visa Subclass 309? Here Are Few Things To Know

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Intended To Live In Australia With Your Spouse Under Partner Visa Subclass 309? Here Are Few Things To Know

If your spouse is an Australian citizen or a permanent resident, or an eligible New Zealand citizen, you will get the opportunity to live with them for a temporary period. The Australian Department of Home Affairs has designed the Partner Visa Subclass 309 to serve this purpose. One of the key beneficial factors is that this visa will eventually help you obtain the right to live with your partner or spouse permanently in Australia. This blog is aimed at those applicants who want to know all the details about Partner Visa 309.

What does this visa allow the holder to do?

While holding the Visa 309, you can enjoy the following privileges.

  • Most importantly, when you successfully obtain your 309 Visa, you can automatically apply for the permanent Partner Visa 100.
  • You can stay, study, and work in Australia temporarily when the Immigration Department processes your 100 Visa application. For help regarding the study, you may talk with an education agent from Perth.
  • This visa will allow you to travel abroad and return to Australia whenever you wish.
  • Last but not least, you can also attend free courses in the English language offered by the Adult Migrant English Program. However, for that, you have to meet the specific eligibility criteria.

How long can you stay while holding this visa?

The holders of Visa 309 are allowed to stay in Australia until the Department of Home Affairs has decided on their 100 Visa applications. Usually, applicants can stay for 15 to 24 months.

Exceptions are made on several occasions. For example, suppose you have been in a long-term relationship with your partner or spouse before applying for the 309 Visa. In that case, you may be granted the Visa Subclass 100 immediately after you receive your 309 Visa.

Things you should keep in mind regarding including family members in your application

Visa 309 allows the applicants to include their close family members in the application. There are several points you must keep in mind while doing this.

  • Family members must be included at the time of lodging the application.
  • You can add your dependent child after applying, but make sure you have submitted the proper documents before making the decision.
  • Family members should meet your specific health and character requirements and must be outside Australia at the time of application.

How can you become eligible to apply?

Satisfying the following eligibility requirements will make you eligible for the visa. Take a thorough look at all these factors to avoid any chance of visa refusal.

Relationship requirements

This is a partner visa, and therefore, meeting the relationship requirements is strictly necessary.

  • Your partner or spouse should be a citizen of Australia or New Zealand or someone who holds an Australian permanent residence visa.
  • You may be in a relationship with someone of your opposite or same-sex.
  • Even if your partner or spouse dies or the relationship breaks down during the application process, you will get your visa.

There are some different requirements specific to married applicants and de facto partners, which are discussed here.

For married applicants

  • Your relationship should be continuing and genuine.
  • You and your spouse must be committed to leading a shared life together in Australia.
  • The marriage should be valid according to Australian law. To check if it is valid, you must contact the concerned territory or state agency.

For de facto partners

  • Your relationship should be continuing and genuine.
  • You and your partner are not married but committed to each other.
  • You should confirm that you will stay together in Australia.
  • Your application will not be accepted if you are related to your partner by family.
  • Moreover, your relationship should have existed for 12 months before applying for the Subclass 309 Visa. However, this condition will not apply if your partner holds or has at least applied for an Australian permanent humanitarian visa.

Sponsorship requirements

Meeting sponsorship requirements is also necessary.

  • You must have a sponsor while applying for Visa 309.
  • The sponsor should receive approval from the Department of Home Affairs.
  • The sponsor cannot be changed after you are granted your Visa Subclass 309.

Age requirement

Whether you are married or in a de facto partnership, your age must be 18 or more.

Health requirements

You and other family members included in your application must meet the specific health requirements. You should not have any serious health condition that may require constant attention from the community or the government. Note that family members not included in the application may also need to meet these requirements if asked.

Character requirements

Meeting the character requirements is also another vital criterion for any visa applicant. You must have a good character and no records of criminal activity or conviction.

No debts to the Australian Government

Neither you nor any of your family members (including those not accompanying you to Australia) should have any debts to the Australian Government.

No record of visa cancellation

There should be no records of any Australian visa cancellation.

Which documents should you submit?

Before starting with the application procedure, you may take your necessary health examinations.

Another important task you should complete at this step is hiring a registered Immigration Agent Perth. These professionals provide important guidance regarding the application, thus ensuring success. Remember that if you decide to hire a registered agent, hire them before applying, as you will not be allowed to do it later.

Your documents will prove whether you satisfy all the eligibility criteria, and so, you have to give utmost importance to this step. Your document checklist will include the following paperwork.

Identity documents

  • The birth certificate that includes names of both parents
  • Pages of your valid passport that contain your bio
  • A national id card
  • Proof of name change, if applicable

Relationship documents

As it is a partner visa, you have to provide detailed relationship documents: follows.

  • If you are married, you must provide a valid marriage certificate.
  • Suppose you are in a de facto relationship. In that case, you must provide necessary proof, showing that you have been in a genuine relationship and are not related to each other by family.
  • You have to provide a written statement where you should include when, where and how you have first met, when you have got engaged or married, significant events in the relationship, and time you have spent apart.
  • You also have to prove that you share domestic, financial, and social matters with your partner.
  • If you have been previously married or de facto, necessary documentary evidence should be provided.

Character documents

  • Certificates issued by police of every country you have lived for at least 1 year in the last 10 years
  • Military discharge certificate, if applicable

Documents related to migration assistance

You have to submit a filled-in Form 956 to get help from a registered migration agent from Perth.

Other documents

If you include dependent children, necessary documents should be submitted at the time of application.

Final words

Completing all the steps will open your path to migrating to Australia and eventually receiving the Partner Visa 100. Remember that all the documents should be uploaded in digital format if you apply online.

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