The difference between the subclass 100 Spouse Visa to Australia and this subclass is that applicants applying under the 309 category are generally living together in a spouse like relationship but are not married. Thus, Australia will generally grant a 4 year temporary visa with a pathway to Permanent Residency rather than grant outright PR like the subclass 100 does.

This visa enables Australian Permanent Residents or Citizens to Sponsor their spouse to Australia, however, again, on a temporary basis which can lead to permanent residence in future. This visa enables the sponsored spouse to:

  • Live and work in Australia as temporary residents
    -Take advantage of significant tax benefits such as the Living Away From Home Allowance
    – Study in Australia
    – Become a Permanent Resident of Australia after 2 years

The basic requirements for the Spouse visa are as follows:

  • The sponsor is either an Australia Citizen/Permanent Resident or an eligible New Zealand Citizen
  • You are in a genuine and continuing relationship and have been living together in a spouse like relationship for at least 12 months
  • You and your partner must be living together or, if not, any separation must be only temporary. Applications whereby there is a cultural reason for not living together may still be considered under exceptional circumstances and would be considered on a case by case basis

Generally, the Australian sponsor should not have sponsored a past spouse to Australia within the last 5 years although there are exceptions. The sponsor should be able to evidence that they have means to support you as their spouse in Australia i.e. adequate accommodation and finances although there is not a stipulated amount that should be shown as “maintenance” like there might be with other country spouse sponsorship programs.

Dependent children under the age of 18 are able to be included on your spouse sponsored visa to Australia, however evidence must be provided that all parties involved in the legal care and guardianship of the child agrees to them being removed from their home country.

Other dependent family members such as elderly parents can also be considered for inclusion in this visa if evidence can be provided to the Department of Immigration that they are fully dependent on you for financial, emotional and physical support. Visas and Permits.com specialise in submitting applications with eligible dependents included to the Department of Immigration.

If you meet the basic requirements above please get in touch today to discuss your case specifics and go over any further questions you may have.

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