309 Visa – Offshore Partner Visa Australia

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Apply for the 309 Visa to Join Your Partner in Australia

The Subclass 309 Partner Visa is a temporary offshore visa for individuals in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. It allows the applicant to live in Australia temporarily while awaiting the permanent Subclass 100 Partner Visa.

This visa is suitable for couples who are currently outside Australia and want to begin their partner visa journey.

What Is the 309 Visa?

The 309 visa is designed for offshore partners of Australian residents and includes:

Permission to live in Australia temporarily
Work and study rights while in Australia
Access to Medicare (after arrival)
Pathway to permanent residency through the Subclass 100 visa

Who Can Apply for a 309 Partner Visa?

To be eligible, applicants must:

Be outside Australia when lodging the application and when the visa is granted
Be in a genuine spousal or de facto relationship with an eligible sponsor
Meet health and character requirements
Be sponsored by an Australian citizen, permanent resident, or eligible New Zealand citizen

We assist in confirming your eligibility and preparing a strong application.

Why Work with Jade Immigration Lawyers?

Personalised eligibility assessments
Professional preparation of all required forms
Legal submissions tailored to complex partner visa cases
Bridging visa assistance (BVA/BVB)
Support for de facto, LGBTQIA+, blended families, and second marriages

309 Visa for De Facto Couples

Marriage is not required to apply. You may qualify as a de facto partner if:

You have lived together for at least 12 months, or
You have registered your relationship in an Australian state or territory

Evidence may include:

Joint lease or bills
Travel and event photos
Social media interactions
Form 888 statutory declarations

309 Visa Processing Time (2025)

As of 2025:

50% of applications are processed in ~11 months
90% of applications are processed in ~22 months

Processing times vary depending on documentation, country of application, and Department workloads.

Health and Character Issues

We assist with:

Health Waivers: Where applicants do not meet health standards but a waiver is in the public interest
Character Submissions: Addressing past criminal records or visa cancellations
PIC 4020: Supporting clients who mistakenly submitted incorrect documents
s57 Letters: Urgent legal responses to potential refusals

820 Visa Fees (2025)

$9,095 for main applicant
$4,550 per dependent over 18
$2,280 per dependent under 18

Additional costs may include:

Health examinations
Police clearances
NAATI-certified translations
Document certification

We offer fixed legal fees, payment plans, and consultation credit if you proceed.

Required Forms and Supporting Documents

Forms:

Form 47SP (online) – Application by the partner
Form 40SP (online) – Sponsorship form by Australian partner
Form 888 – Declarations from supporting witnesses
Form 929, 1022, 80 – Notification or character forms (as required)

Documents:

Valid passports and ID documents
Relationship evidence (cohabitation, financial, social)
Police clearances (AFP and overseas)
Health assessment reports
NAATI translations (if documents not in English)

Jade Immigration Lawyers will provide tailored checklists and templates.

What Happens After You Get the 309 Visa?

Once granted, you can:

Enter and stay in Australia
Live, work, and study while awaiting your Subclass 100 visa
Begin preparing evidence for the permanent partner visa

We assist with your Subclass 100 process to ensure continuity and success.

If Your 309 Visa Is Refused

Common reasons for refusal:

Lack of sufficient relationship evidence
Criminal history or adverse character findings
Application errors or missing documents
Failure under PIC 4020 or health requirements

We can assist with:

Appeals to the Administrative Review Tribunal (ART)
Urgent legal responses to refusal notices
Preparation for hearings and ministerial intervention requests

Why Choose Jade Immigration Lawyers?

Based in Sydney and fully registered
Experienced in all partner visa subclasses
Skilled in refusal, appeal, and complex migration cases
Clear communication and strategic legal support

Book a Consultation

Choose the right consultation for your needs:

$75 – 15-minute introductory consultation
$250 – 45-minute consultation
Weekend appointments available
Credited toward your fees if you proceed with us

📞 Call us today on 0485 907 989 or book online
🏡 Serving clients across Australia and worldwide

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FAQ

Find answers to common questions about our 309 Partner Visa Australia services and processes. If you need further assistance, feel free to contact Jade Immigration Lawyers today!

Can I apply for the 309 visa while I’m in Australia?

No. The 309 visa must be lodged and granted while the applicant is outside Australia. If you are onshore, you should consider the Subclass 820 visa instead.

How long does it take to process a 309 visa in 2025?

As of 2025, 50% of 309 visa applications are processed in approximately 11 months, and 90% within 22 months. Timeframes vary depending on your documents, relationship evidence, and country of application.

Do I need to be married to apply for the 309 visa?

No. You can apply as a de facto partner if you’ve lived together for at least 12 months or have registered your relationship in an Australian state or territory.

What happens after I get the 309 visa?

Once the 309 visa is granted, you can enter Australia and live, work, and study while you wait for the permanent Subclass 100 visa to be processed. You will be invited to submit further documents for the 100 stage.