Choosing the right Australian Partner Visa can be an overwhelming task, especially when trying to decide between the Subclass 300 Prospective Marriage Visa and the Subclass 309 Partner (Provisional) Visa.
To apply for these visas, the applicant will need to:
- be offshore at the time of application; and
- be in a relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is willing to sponsor their visa.
While both visas provide pathways to permanent residency, they each differ on the following:
- Status of relationship
- The Subclass 300 Visa requires the applicant to be engaged to their sponsoring partner, with an intention to marry in Australia once the visa is granted. This genuine intention will need to be evidenced on the application.
- The Subclass 309 Visa requires the applicant to be already married or in a de facto relationship. De facto couples are typically expected to have lived together for at least 12 months prior to lodging their visa application, unless they qualify for an exemption.
- Timing
- After the Subclass 300 Visa is granted, the applicant will be required to enter Australia within a specific timeframe, marry their sponsoring partner in Australia and then apply for the Subclass 820/801 Partner Visa onshore within a specific timeframe. As this is a separate application, the applicant will incur more Department Application fees and be required to wait for longer processing times.
- After being granted the Subclass 309 Visa, the applicant will be able to enter Australia and begin their transition to a Subclass 100 Permanent Partner visa.
- Cost
- Due to the nature of the Subclass 300 Visa to Subclass 820/801 Partner Visa transition, this option is generally more expensive as compared to the Subclass 309 Visa application.
- Evidence to Provide on Application
- The Subclass 300 Visa application will require evidence that shows the applicants genuine intention to marry their sponsoring partner. This evidence can be history of the relationship, photographs together and detailed plans for the wedding.
- The Subclass 309 Visa application will require evidence that demonstrates a genuine and continuing married or de facto relationship. This evidence can be photos of shared life, shared finance, living arrangements and supporting statements.
If you believe that you are eligible for the Subclass 300 Prospective Marriage Visa or Subclass 309 Partner (Provisional) Visa, contact our team at Nevett Ford Lawyers Melbourne who are able to assist you throughout the entire application process.