If you get a 309 visa, can you divorce as a husband?

You can't divorce your husband after getting a 309 visa. 309 is a temporary spouse visa and needs a guarantor. If you lose your sponsor after divorce, you will not be able to change it into a permanent spouse visa (subclass 100), and you will lose your visa at any time and be asked to leave the country.

Partner migration is Australia's top priority family migration, second only to minor children migration. The government has no quota for such visas, so applicants don't have to wait in line. Even so, spouse migration is the most complicated family migration. Lovers can include married couples or de facto couples.

Spouse visa is generally carried out in two stages:

I. Phase I: Temporary Spouse Visa (subclass 309)

Two. Phase II: Permanent Spouse Visa (subclass 100)

Usually, applicants can only get a temporary spouse visa first. You can only get a permanent visa after you get a temporary visa for two years. This is the so-called waiting period. When applying for a permanent visa, the applicant does not have to pay the application fee.

Under special circumstances, the applicant can directly obtain a permanent residence visa. The prerequisite is:

★ The applicant has been married to the guarantor for more than 3 years, or in fact.

★ The applicant has been married to the guarantor for more than 2 years, or in fact, has a child.

★ The spouse of the applicant holds a protection visa or PR based on humanitarian procedures, and the relationship between the applicant and the spouse has been established before and has been declared to the Immigration Bureau.

No matter what kind of visa, the most important thing is to prove that the relationship between the two sides is true and continuous.

In Australian immigration law, cohabitation is an important criterion to prove the true and long-term relationship between husband and wife. When spouses do not live together, or have known each other for a short time, the application for a spouse visa may be subject to more rigorous examination to prove that their separation is temporary or necessary. And provide sufficient evidence to prove that the two sides maintained their relationship during the separation period.

First, apply for qualification.

Married couples or de facto couples (same-sex marriages and spouses are regarded as de facto couples in this application). Moreover, this marriage relationship and the de facto relationship between husband and wife must have existed before the application. It should be noted that although the longer you get married, the easier it is to pass the exam, but as long as the marriage is true, you can apply immediately after marriage. There is no record of visa refusal at present. Fiance/wife, children under 18 (including biological children, stepchildren and adopted children). Other relatives can also be deputy applicants, but they must meet the conditions of being completely dependent on the main applicant mentally and economically.

The guarantor must be an Australian citizen, an Australian PR, or a New Zealand citizen who is eligible for sponsorship.