Merchants Prosperity
Lawyer Practitioner Number: P5512330
Lawyer Practitioner Number: P0031769
Mara Number:0741684
309/100
Offshore Australia
Spousal immigrant visa
309 Overseas Australian Spouse Immigrant Visa Overview
For an applicant whose spouse is an Australian citizen, permanent resident or eligible New Zealand citizen who has been married or cohabiting for more than 12 months (including heterosexual/same-sex spouses) and intends to apply for an Australian spouse visa, the applicant must be outside Australia at the time of submission of the visa. After 2 years from the date of application, if the relationship between the visa applicant and the sponsor is still in existence, 100 spouse permanent residence visas will be granted directly.
309 Conditions of application for an overseas Australian Spouse Immigrant Visa applicant
If you are overseas and your spouse is an Australian citizen, permanent resident or New Zealand citizen;
In addition, the following requirements must be met:
Both spouses are over 18 years old
The spouses have a bona fide marriage relationship and remain in that relationship during the application period.
Applicants must meet health and conduct requirements.
Married Applicant: The applicant and the applicant's spouse are a registered married couple recognised under Australian law.
De facto marriage Applicant: Before the application, the applicant and the applicant's spouse are a de facto couple living together for more than 12 months, and the time of dating does not count.
If you have not maintained a cohabiting relationship for more than 12 months, you can also apply for a 309 visa if you meet one of the following conditions:
Already had two children
You were de facto married before the Australian spouse was granted a humanitarian visa.
Registered domestic partnership in Australia. (Not applicable to all states or territories, only Victoria, Tasmania and New South Wales)
309 Conditions for sponsoring an overseas Australian spouse immigrant visa
The applicant's spouse (sponsor) is an Australian citizen, permanent resident, or eligible New Zealand citizen.
Have been married before applying for a visa, or are a de facto couple, or intend to get married.
Sponsor must be over 18 years old.
Under Australian immigration law, a sponsor cannot sponsor a spouse if any of the following occurs:
The sponsor is not an Australian citizen, permanent resident or eligible New Zealand citizen;
The sponsor has sponsored two other spouses to migrate to Australia (including the withdrawn sponsor, and the spouse has obtained permanent residence through domestic violence);
Have sponsored another spouse in the past five years;
In the past five years, a person has been sponsored to apply for a spouse visa as a spouse
You may still be allowed to sponsor your spouse in a pressing situation if any of the following happens, such as:
The former spouse has died or abandoned the relationship and has left the young children;
The current spouse is in a long-term relationship (e.g., five years or more);
There are children/children who are dependent on both parties in the relationship, the circumstances listed are not absolute, and consideration of lifting the warranty restriction is made on a case-by-case basis.
From 2021 onwards, spousal visa sponsors, who are permanent resident non-citizens, will be required to request an English language score of IELTS 4.5 or equivalent along with the applicant. Applicants must also pass a language test 12 months before applying.
309 Overseas Australian spouse Immigrant visa to 100 Permanent resident visa
The first stage is to apply for a 309 temporary spouse visa. 309 visa is valid for 2 years. After 2 years, if the marriage still exists, you can transfer to 801 (domestic application) /100 (foreign application) permanent residence visa.
In the second stage, apply for the 801/100 spousal permanent Residence visa (the green card). Financial sponsorship is generally not required, but the visa officer has the right to request it.
If the following conditions are met, the applicant can directly obtain the 801/100 permanent residence visa
The applicant and the sponsor have been husband and wife for more than 3 years, or de facto husband and wife relationship.
The applicant and the sponsor have been husband and wife for more than 2 years, or de facto husband and wife, and have one child.
309/100 spousal visa processing cycle
Phase I 309 visa processing period of 12-24 months;
The second phase of the 100/801 visa process takes 6-8 months.
309/100 Spouse visa application fee
Principal Applicant: AU$7,850.00
Subapplicants over 18 years of age: AU $3,930.00
Subapplicants under 18 years of age: AU $1,965.00
Note: The above policies and fees are subject to the final information released by the Australian Immigration Department.
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