Australia Spouse Visa
Introduction
The Spouse Visa or Partner Visa (Subclass 309) is a temporary visa that is the main pathway towards obtaining residency in Australia. It is designed for spouses, de-facto partners, and permanent residents of Australian citizens or permanent residents. Individuals who are not Australian citizens may apply for this visa.
With the Spouse Visa subclass 309, you can stay in Australia indefinitely until your permanent resident visa under subclass 100 is approved. This visa also allows you to study and work in Australia without any restrictions. However, the processing time for this visa may take some time, so you can apply for a provisional visa subclass 309 and then a visitor visa under subclass 600 while your spouse visa application is under process.
In summary, the Spouse Visa subclass 309 is a useful pathway towards permanent residency in Australia for individuals who are married to or in a de-facto relationship with an Australian citizen or permanent resident.
Partnership Condition
To be eligible for the Spouse Visa or Partner Visa (Subclass 309), your partnership must be legally recognized under Australian law. If you are in a de facto relationship, you have been in the relationship for at least 12 to 13 months.
Processing Time
Visa subclass 309 -12 months
Visa subclass 100 – 19 months
Combination Of Visa Subclass 309 And Visa Subclass 100
It is possible to apply for both the Spouse Visa and Permanent Partner Visa (Subclass 309 and 100) at the same time. You can stay in Australia on the temporary visa until a decision on your permanent visa is made.
If you have been in a long-term relationship with your spouse, the processing time for your Permanent Partner Visa (subclass 100) may be faster. However, you will need to provide evidence to support your claim of a long-term relationship.
Sponsorship Conditions
To be eligible for sponsorship under the Spouse Visa or Partner Visa (Subclass 309), your spouse in Australia must meet certain requirements. Specifically, they must be eligible to sponsor you.
There are some circumstances where your spouse cannot sponsor you under the provisional visa subclass 309. For instance, if your partner has been granted a partner visa or prospective marriage visa (300) within the past 5 years, they may not be eligible to sponsor you. Additionally, if your partner has already sponsored two other people under this visa subclass, they may also be ineligible to sponsor you.