LGBT Partner Visa Offshore 309 - How Long Can I Stay In Australia
Following the grant of subclass 309 visa you may stay in Australia with your partner until there is a decision on your permanent visa (Subclass 100).
Is Subclass 309 A Permanent Visa?
The provisional 309 visa is a temporary visa while the subclass 100 visa is a permanent visa and grants you Permanent Residency (PR). The temporary provisional 309 visa is granted first, which allows the applicant to stay in Australia with their partner and make a separtae application for the migrant 100 visa when eligible.
How Long Does Subclass 309 Visa Take?
The current average processing time for the subclass 309 visa is between 14 and 19 months based on published guidelines from the Department of Home Affairs
We are however seeing much shorter decision times for 309 visa applications that are 'Decision Ready'.
Is Visa 309 Still Processing?
The Department of Home Affairs are accepting partner visa applications at present and we have received positive outcomes for our clients during the covid pandemic. Right we are seeing quick decisions for this visa stream.
Can a 309 Visa Holder Apply For Medicare?
Yes, you will be eligible to apply for Medicare as you have made an application for a permanent residency visa. Contact Medicare directly to find out the requirements LINK
How do I Change My Visa 309 To 100?
You will be eligible to make an application for the Permanent Residency (PR) subclass 100 visa, 24 months following the date of your initial 309/100 application.
This may sound a little confusing but wait 24 months after you made the initial payment to the Department of Home Affairs for your partner visa.
Can 309 Visa Holders Enter Australia?
Under the current rules if hold one of the following visas, you may travel to and enter Australia. Ensure you enter while the visa is valid, check the visa grant notice for detail.
Is 309 Visa Open To LGBT or Same Sex Couples?
LGBT Partner visa offshore 309 is available to all applicants. There is no discrimination in the Australian visa program. All visa are available to LGBT, gay or same sex couples. Also remember the Department of Home Affairs are sensitive to deal with, all your interactions are dealt with in total confidence.
How do I prove my relationship is genuine for spouse visa?
Partner visa applications require evidence to meet the strict requirements of the Department of Home Affairs (DHA). Your relationship should be genuine, the couple should be in committed & continuing relationship.
When you decide to apply for a partner visa ensure you meet the defacto requirement, have good financial transparency, meet the nature of the household and the social aspects.
Unless you are applying for an exemption, for partner visas 12 months evidence is required to meet the criteria.
Although each application is decided on it is merits, the Department of Home Affairs (in our view) is fair and reasonable when deciding each case.
Support all your claims with verifiable evidence, this way the Delegate can conduct their background checks efficiently and make a quick decision on your application.
What is The Difference Between 309 and 820 Visa?
The subclass 309 & 820 partner visas are suitable for married or de facto couples. The 309 subclass visa is suitable for offshore applicants while the 820 visa is geared for onshore applicants who meet the partner visa criteria. Note that offshore applicants are not eligible for a bridging visa one the 309 application is submitted.
If you are outside Australia you may be eligible for the 309/100
If you are onshore in Australia you may be eligible for the 820/801
Your location at time of application will determine which visa is best for you.
Australia Partner Visa Checklist
Each partner visa application is unique. If you seek personalised advice, we recommend that you book a consultation with one of our LGBT experienced and licensed immigration consultants.
On our sister website Visa Crew we have published the "Ultimate Visa Checklist' which you may find useful in your research. As usual the checklist is general in nature and is not specific to your circumstances. Checklist
Gay Business Owners & Registered Migration Agent
Our LGBT business owner and immigration professional is licensed to provide immigration advice to those that wish to avail of our professional services.
Please note If the person you appointment is not licensed you should not use their services; it is probably ascam.
Do your due diligence and ensure your professional is licensed with the Department of Home Affairs.
When you deal with LGBT+ Visa, you can be confident that you are in safe hands.
LGBT+ Team
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Michael Dooley | LGBT Principal Immigration Consultant | MARN 1789997