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309 Visa - Offshore Partner

Plan your future correctly with the advice of a Registered Migration Agent

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What is a 309 partner visa?

The purpose of the 309 – Partner visa is to allow the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to enter or remain in Australia. In most cases, the applicant is initially granted a temporary visa (309), and is eligible for permanent residency (100) if the relationship still exists after a two-year waiting period.

Both the temporary 309 visa and the permanent 100 visa are lodged at the same time.

In some cases, we are able to obtain the grant of the permanent visa immediately following the temporary visa.

The minimum requirements for this visa are as set out below:

Subclass 309 Requirements

Relationship

If your application is based on a marriage:

  • you must be legally married to an Australian citizen, permanent resident, or eligible New Zealand citizen

If your application is based on a de facto relationship:

  • you must have been in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen for at least 12 months prior to lodging your application (unless there are compelling or compassionate circumstances) AND
  • you and your partner must both be at least 18 years old, and must not be closely related

    NOTE: If you have not been in a de facto relationship for at least 12 months, we may still be able to assist you. We will need to assess your situation.

In all cases:

  • you and your spouse/partner must be in a mutually exclusive relationship;
  • that relationship must be genuine and continuing
  • you and your spouse/partner must either live together, or live apart on a temporary basis only

Sponsor

Your sponsor must:

  • be an Australian citizen, permanent resident, or eligible New Zealand citizen
  • not have previously sponsored more than one other fiancé, partner, or spouse for migration to Australia, and not have sponsored a fiancé, spouse, or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)
  • not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances)
  • provide police clearance certificates to the Department of Home Affairs (DOHA) for each country in which he/she has lived for at least 12 months during the last 10 years AND consent to the DOHA disclosing any conviction for a ‘relevant offence’ to you and any family members included in your application

Note: A relevant offence includes, but is not limited to: offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking and dangerous weapons.

Your sponsor will NOT be eligible to sponsor your visa application if he/she has a conviction for a relevant offence AND a significant criminal record. 

It is important to note the difference between being in a relationship with your partner and strongly evidencing that your relationship meets de facto criteria as per the Migration Act and Regulations. This tends to be where most applications are refused. Solely being in a committed relationship or having a marriage certificate alone is not sufficient to meet the requirements of this visa. In addition, there are certain aspects of your relationship that need to be evidenced accordingly in order to meet the requirements of this subclass. 

We can assist you with ensuring that your applications have the highest chances of success. 

Step 1: Consultation & Assessment

The first step is to schedule a consultation with one of our Registered Migration Agents. During the consultation, we can assess both you and your partner’s current situations, your backgrounds, your relationship and your eligibility to meet the legal requirements for this visa.

Providing you and your sponsor will be eligible to meet the requirements of this visa prior to lodgement we will send you a fixed fee quote following the consultation.

We offer a split fee payment of our professional fees to assist you financially during the preparation stages of your partner visa journey. 

Step 2: Preparation

We will then look after the entire process for you and assist you with strengthening your supporting evidence prior to lodgement. We have templates to guide you in preparing your evidence in accordance with the applicable legislation. We will provide you with your login details to our secure online portal upon commencement. This portal is used to safely and securely share important and confidential information and documents presented in your applications.

As every relationship and partner visa is different, we will provide you with tailored document checklists relevant to you and your partner’s specific situations.

We will complete all the necessary forms, applications and further submissions on your behalf.

You can rest assured that your Registered Migration Agent has prepared and lodged hundreds of applications similar to yours and is experienced in preparing ‘decision ready’ applications.  It is important that we get it right the first time. For this reason, we will only lodge your applications once we are confident they have been prepared correctly.

Step 3: Lodgement

Your Partner visa application is lodged with the Department of Home Affairs (the DOHA) on behalf of you and your sponsor. The main criterion is that the relationship and your sponsor meet the requirements referred to above. In addition, you must meet the standard health and character checks.

Following lodgement of your application, you and your spouse/partner may be asked to attend an interview with the DOHA. In some cases, the DOHA may visit your place of residence and/or conduct other checks to verify your relationship.

You must be outside Australia at the time your application is lodged, and when your visa is granted, unless a COVID-19 concession applies.

This visa, which is valid for a ‘stand-down period’ of approximately two years from the date of the application’s lodgement, allows you to enter Australia and remain there until your application for permanent residency has been decided by the DOHA.

Next Steps: Permanent Residency

In most cases, you will be eligible for permanent residency (subclass 100) two years after lodging a successful temporary partner visa application, provided your de facto partnership or marriage continues to meet the requirements listed above. At this stage, you will be required to provide further evidence to the DOHA to establish your eligibility for permanent residency. You may be either in or outside Australia when your permanent visa is granted. In some cases, we are able to obtain the permanent stage immediately following the grant of the temporary stage.

PLEASE NOTE: We estimate that it may take several weeks to prepare and lodge your application, with the time taken largely dependent on how promptly you (and your sponsor, if applicable) provide us with the necessary supporting information and documents.

The time that it takes the DOHA to process your application is dependent upon its processing time service standards, and may also vary due to a number of other factors, including the complexity of your case, perceived risk factors and processing priorities. 

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Here's what our clients have to say about us…

Gina Karnasch
Gina Karnasch
17. March, 2023.
I came into this consult thinking there is no way out, but Bonnie has given me multiple options and helped me out tremendously. She is also a great person to just chat to and lifted my mood instantly! (: 10/10 would recommend
Kristen Kozik
Kristen Kozik
17. March, 2023.
Taina was absolutely incredible the whole process. I lost some time by logging my application incorrectly the first time on my own and decided to spend the money with Migration Unity to do it correctly. Taina walked me through step by step exactly what I needed and was always quick and patient with my questions and concerns. I suggest this company to anyone wanting to move to Australia. Thanks again Taina for all of your help!
The Show Stopper
The Show Stopper
16. March, 2023.
I was looking for 186 Direct Entry Employer sponsorship VISA and reached out to MIGRATION UNITY and had excellent initial consultation experience with Mr. Matthew Halliday highlighting and coming up with the most honest and possible ways to initiate the process which falls under Australian laws. Highly recommend Migration Unity for any migration consultancy application and information.
Bekki Molineux
Bekki Molineux
7. March, 2023.
We have had the most amazing, smooth and easy visa journey with Taina and the Migration Unity team! They have a great system that tells you all the evidence you need to upload and they proof read everything and made sure we covered all evidence bases to ensure our best chances of having a smooth process. They had great and clear communication and are so friendly! Would definitely recommend Migration Unity for any visa needs.
Jamie Strevens
Jamie Strevens
7. March, 2023.
Very professional and courteous
Anabella Nahabedian
Anabella Nahabedian
7. March, 2023.
My partner and I just got PR!!!!!!!! Migration Unity has been incredible from day 1. They have been readily available throughout the whole process and have given us full support. Denise and Taina were extremely helpful and very lovely to deal with! Couldn’t recommend them enough!!
Harriet Muthoni
Harriet Muthoni
6. March, 2023.
The consultation was very easy to book online. I spoke with Matthew Halliday who gave me up to date and insightful information and assisted me with some of my burning questions. I highly recommend this service for anyone looking for assistance with their immigration process.
Anna Stafford
Anna Stafford
3. March, 2023.
I couldn't recommend Migration Unity enough for any visa services you may need. Taina went above and beyond and did everything she could to help get my Permenant Residency visa, which I recently received because of her! She is incredibly efficient at her job and helped me and supported me throughout the whole process. The friendliest and kindest person too, I felt so trusting of her. Look nowhere else but these gems!
Josh Fayaz
Josh Fayaz
1. March, 2023.
I just wanted to share my amazing experience working with migration unity for my partnership visa application in Australia. I have to say, the service I received was fantastic! Right from the start, Scott and Taina was super friendly and made me feel so comfortable throughout the entire process. They were very organized and really knew their stuff, which made the application process a breeze. I never felt lost or confused, and they were always available to answer any questions I had. They also kept me in the loop with regular updates on the status of my application, which made me feel really secure and confident. And to top it off, they helped me get my application approved in no time! Overall, I'd absolutely recommend this company to anyone looking for immigration assistance in Australia. Their expertise, professionalism, and amazing customer service made my whole experience so much better. Thanks again guys!
Charlotte Brown
Charlotte Brown
23. February, 2023.
My partner James and I cannot thank Scott initially and then Denise and Taina for all of their help with our sponsorship.. We have had our visas granted in less than 5 months since starting the process.. They have all been so helpful, informative and kind from day one and our Australian dream would not be happening without them. Thank you all.

The Migration Unity Advantage

100% Success Rate

We are proud to say that every single application we have ever lodged has been approved.

100% Money-Back Guarantee

Rest assured that you will be covered by our No Visa, No Fee - 100% money-back guarantee.

Split Fee Payments

We offer split fee payments to assist you financially whilst your application is being prepared. It's easy to make a start!

100% Satisfaction

Our clients love our service! Check out our reviews for yourself. You too could be receiving a phone call from us with your visa approval.

Fixed Fee

Know exactly every cent you will be paying upfront with no hidden additional fees along the journey.

Stress Free

We take the stress out of preparing and lodging visa applications. We do this every day of the working week.

How it works

Consultation

Consultation

One of the most important parts of this journey is to find the correct visa, confirm your eligibility and plan correctly.
Engagement

Engagement

As every case is different and there are various visa subclasses it is important that you find a Registered Agent that specializes in your visa subclass.
Preparation & Lodgement

Preparation & Lodgement

From here, your Registered Migration Agent will look after the entire process on your behalf.

100% Money-Back Guarantee

  • When you join us at Migration Unity, you can rest assured you are in good hands as you’ll always be covered by our money-back guarantee.

    When you join us at Migration Unity, you can rest assured you are in good hands as you’ll always be covered by our money-back guarantee.

  • We know that choosing a migration agent is a big decision, and it's important that you get it right the first time.

    We know that choosing a migration agent is a big decision, and it's important that you get it right the first time.

  • In the extremely unlikely event that your application is not accepted, we’ll refund every cent of our professional fees – no questions asked.

    In the extremely unlikely event that your application is not accepted, we’ll refund every cent of our professional fees – no questions asked.

  • You need to be absolutely confident that your migration agent is doing everything in their power to achieve a successful outcome for you.

    You need to be absolutely confident that your migration agent is doing everything in their power to achieve a successful outcome for you.

  • We believe that offering a “No Visa – No Fee 100% Money-Back Guarantee” (on selected visa subclasses) helps you feel confident that your Migration agent will do everything they can for you.

    We believe that offering a “No Visa – No Fee 100% Money-Back Guarantee” (on selected visa subclasses) helps you feel confident that your Migration agent will do everything they can for you.

*Terms & conditions apply

More Reasons Why Our Service Is Great

Qualified & Experienced

Our Registered Migration Agents are qualified and experienced in Australian migration law and practice.

Teamwork

More than one person will be working on your matter: more checking, more experience and less room for errors.

Correct Planning

Planning correctly from the beginning can save you time, money and stress whilst reducing the risk of a refusal.

Maintaining Records

We maintain your records for a minimum of seven years in accordance with the Code of Conduct.

Decision-ready Application

We know what is required by law to prepare your application correctly. Minimise further requests, which slows down the processing of your application.

Save Time

You won't have to spend weeks or even months researching outdated information online without understanding Australian migration law.

What makes Migration Unity different

01.

We have been in your position before

Just like you, the co-founders of Migration Unity are also migrants. We once landed in this great country and shortly after fell in love with the fantastic lifestyle that Australia has to offer.

We have been in your position before, and we completely understand the emotions that you are going through.

The responsibility of our client’s future is in our hands, and we do not take this lightly.

And that is why we are here to help you through every step of your migration journey.

02.

Our Knowledge

Did you know there are currently over 70 different Australian visas?

We have selected a handful of these visas and focused on obtaining in-depth knowledge and a complete understanding of the ever-changing and evolving legislation and policy procedures behind these applications.

03.

Quality over quantity

You are not just a number to us, we don’t focus on a visa count of how many applications we can possibly lodge per year, we focus on success!

We specialise in the following applications and we are proud to say we have a 100% success rate!