The purpose of the Subclass 309 visa is to allow the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to enter or remain in Australia. The applicant is initially granted a temporary visa and is eligible for permanent residency if the relationship still exists after a two-year waiting period. The minimum requirements for this visa are as follows:

 

Relationship        

If your application is based on marriage (or intended marriage):

  • you must be legally married to an Australian citizen, permanent resident, or eligible New Zealand citizen or
  • intend to marry an Australian citizen, permanent resident, or eligible New Zealand citizen and the marriage will take place before the visa is decided

If your application is based on a de facto relationship:

  • you must have been in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen for at least 12 months prior to lodging your application (unless there are compelling or compassionate circumstances) AND
  • you and your partner must both be at least 18 years old, and must not be closely related

Sponsor

Your sponsor must:

  • be an Australian citizen, permanent resident, or eligible New Zealand citizen
  • not have previously sponsored more than one other fiancé, partner, or spouse for migration to Australia, and not have sponsored a fiancé, spouse, or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)
  • not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances)
  • provide police clearance certificates to the Department of Home Affairs (DOHA) for each country in which he/she has lived for at least 12 months during the last 10 years AND consent to the DOHA disclosing any conviction for a ‘relevant offence’ to you and any family members included in your application

Note: A relevant offence includes, but is not limited to: offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking  and dangerous weapons. Your sponsor will NOT be  eligible to sponsor be eligible to sponsor your  visa application if he/she for a relevant offence AND a    significant criminal record. 

Please contact us if you have any specific enquiries.

 

Any Questions

Book a consultation now for more details and assessment of your eligibility for a subclass 309 visa

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