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Partner Visa Subclass 309 Rules & Conditions

The Partner Visa Subclass 309 requires applicants to satisfy both pre-application and post-issuance conditions. Here are the pre-conditions to this partner visa 309.

  • The name Partner Visa suggests that you should be in a relationship with either your spouse or de-facto partner. Such a person should be an Australian permanent resident, a citizen of Australia, or an eligible citizen of New Zealand.
  • The critical condition is that the applicant should be residing outside Australia at the time of application and when the department assesses it.

Apart from these pre-conditions, the department may impose two 309 Visa conditions while sanctioning the visa. These conditions do not apply to all applicants. The visa document will specify to whom these conditions apply.

Condition No. 8502 – Cannot enter before (person)

Condition 8502 stipulates that the primary applicant is not eligible to come to Australia before the specific person named in the visa enters the country.

Condition No. 8515 – Be single before the first entry

Condition 8515 concerns the dependent children who are included in the Visa application. The conditions state that such children shall not marry, get engaged or enter into de-facto relationships before coming to Australia.

These conditions are general conditions and might not apply to all applicants. The department may include these conditions, if necessary.

Apart from these specific conditions, the standard conditions applicable to all visas apply here as well.

  • Having an eligible sponsor to cater to your requirements is compulsory. The department will verify and approve the sponsor.
  • The sponsorship should be for two years. Secondly, your sponsor at the time of granting the visa should be the same person when you applied for the 309 Visa.
  • Married applicants should be a minimum of 18 years or older as Australian laws stipulate that you cannot marry before you attain 18 years of age.
  • Every applicant should meet the health stipulations as required by the Department. Under specific circumstances, family members who do not accompany you to Australia should meet health requirements.
  • All applicants over 16 years should fulfill character requirements. They should produce police department certificates from their respective countries wherever they have stayed for more than a year in the ten years after turning 16.
  • The applicants and their family members must not have any debts due for payment to the Government. The applicants should either promptly repay it or have a formal agreement with the Government to repay the same.
  • If the applicant or any of the co-applicants have an Australian Visa refusal or cancellation history, they are not eligible to apply for Visa 309.
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