Overview of 309 spouse temporary visas
- Those who have married or registered with Australian citizens, permanent residents or New Zealand citizens, or have cohabited for more than 12 months, may apply for 309 temporary spouse visas outside Australia when they submit their visas. If, two years after the date of the visa application and if their relationship persists, there is no need to resubmit their application, they will be granted a 100 spouse reunion permanent residence visa directly.
The conditions of application for 309 spouse temporary visa applicants are based on the premise that the applicant is abroad and the applicant's spouse is an Australian citizen, permanent resident or New Zealand citizen. In addition, the following requirements need to be met
- Both spouses are over 18 years of age;
- (a) there is a real marital relationship between the husband and wife and remains so during the application period;
- Married applicant: you and your spouse are registered married couples as recognized by Australian law. O
- Fact marriage applicant: before the application, you and your spouse were living together for more than 12 months, not counting the date time. If you do not have a cohabitation relationship of more than 12 months, you may also apply for a 309 visa if one of the following conditions is met:
- A child who already has two people.
- Before an Australian spouse gets a humanitarian visa, you have a de facto marriage.
- Registered cohabitation relationships in Australia (not applicable to all states or territories, Victoria, Tasmania and New South Wales only);
309 conditions of spouse temporary visa guaranto
- The applicant's spouse (guarantor) is an Australian citizen, a permanent resident, or a qualified New Zealand citizen;
- Married before applying for a visa, or de facto husband and wife, or intending to marry;
- The guarantor must be over 18 years old.
- Under Australian immigration law, you cannot guarantee your spouse if any of the following occurs:
- You are not an Australian citizen. Permanent resident Or New Zealand citizens who meet the requirements;
- You have guaranteed that two other spouses have emigrated to Australia (including those you have withdrawn, and that spouse has obtained permanent residence for reasons of domestic violence);
- You have guaranteed other spouses over the past five years
- You have applied for a spouse visa as a spouse for the past five years
- Your ex-spouse has died or abandoned the relationship and has left young children / children;
- Your relationship with your current spouse is permanent (for example, five years or more);
- The circumstances you and your current spouse have in this relationship that rely on your children / children are not absolute, and consideration of lifting the warranty restriction is based on different application circumstances.
309 spouse temporary visa to 100 permanent residence visa phase description
- In the first stage, first apply for 309 temporary spouse visa. 309 visa is valid for 2 years. After 2 years, if marriage still exists, you can transfer 801 (domestic application) / 100 (overseas application) permanent residence visa;
- In the second stage, apply for 801 / 100 spouse permanent residence visa (get green card). Generally there is no financial guarantee, but the visa officer has the right to demand it.
- Note: under special circumstances, the applicant can directly obtain a permanent residence visa 801 / 100. The prerequisites are:
- The applicant and guarantor have had a marital relationship of more than 3 years, or a de facto marital relationship.
- The applicant and guarantor have had a couple relationship for more than 2 years, or a de facto relationship, and have children.
309 spouse temporary visa application process
- Stage I: 309th temporary spouse visa, application via ImmiAccount, payment of application fee, uploading of required documents, immigration telephone investigation, medical examination, 309 visa approval, landing in Australia;
- Stage 2: apply for 100 permanent residence spouse visa after 2 years without application fee.
309 spouse temporary visa processing cycle
- Stage I 309 visa processing cycle: 75 per cent of applications take 13 months and 90 per cent of applications take 16 months;
- Phase 2 100-801 visa processing cycle: 75% of applications take 22 months and 90% take 35 months.
