How long does a subclass 309 Partner visa last?
A subclass 309 Partner visa is valid until a decision is made on the subsequent subclass 100 Partner visa.
The subclass 309 visa is a temporary visa that allows the de-facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily.
Getting this visa is the first step towards a permanent Partner visa (subclass 100).
The subclass 309 visa, once granted, allows the holder to:
- Live, work and study in Australia.
- Travel to and from Australia as many times as they wish.
- Attend free English language classes provided by the Adult Migrant English Program if you are eligible.
- Apply for access to Medicare, Australia’s public health care scheme.
When do I apply for the Subclass 100 Permanent Partner Visa?
Most Subclass 309 temporary partner visa holders will be invited to submit documents for the subclass 100 visa, at about 23 months after the subclass 309 was applied for.
At 24 months after the subclass 309 was applied for, the immigration department can start to look at the subclass 100 part of the application.
If no documents are uploaded for the subclass 100, showing that the relationship is still continuing, the immigration department can make a decision based on what they already have.
This decision could be a refusal, if no further documentation had been uploaded in the stage two of this application.
This decision, whether a grant or refusal, will cancel the subclass 309 visa.
Bear in mind that the subclass 309 is only valid until your permanent Partner visa (subclass 100) application is finalised or you withdraw your application.
A subclass 100 refusal would therefore also cancel the subclass 309.
If the 309 holder is in Australia at the time of the subclass 100 decision, it is likely that they will be issued a Bridging Visa E, that will allow the holder to stay in Australia.
The Bridging Visa E, will allow the holder to stay lawfully in Australia while they make arrangements to leave, finalise their immigration matter or wait for an immigration decision.
Donations Welcome | Thank you to those who have sent me a coffee, it is very much appreciated. Donations ai-8 |