Partner visa (Subclass 309)

Subclass 309 partner visa

Subclass 309An immigration lawyer reviews your relationship evidence before anything is submitted. Tern builds your statements, your photo album, and your Form 80. From A$1,400, submitted directly with the Department.
Immigration lawyer guidance
Free consult before you pay
Money back if refused
Subclass 309 partner visa - Australian visa application
Excellent
4.7 out of 5
Free eligibility check, then a free lawyer consult. Commit only when you know your case.
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What is the subclass 309 offshore partner visa?

Subclass 309 is the offshore stage of the Australian partner visa. You apply from outside Australia, and the Department assesses your relationship while you remain overseas.
When your 309 is granted, you can enter Australia, live here, and work. It is the first stage of the permanent pathway: subclass 309 leads to subclass 100, the permanent partner visa, which follows later. For a full breakdown of the offshore pathway, see our complete guide to the Australian partner visa.
A couple on a video call

Applicant requirements

Applying from overseasYou are outside Australia when you apply and will be assessed from there
Genuine relationshipYou are married or in a genuine de facto relationship with your partner
Health and characterMeet standard health and character requirements set by the Department
Age requirementBoth you and your partner must be 18 or older
Not sure if you qualify? Start the application and your eligibility is checked as you go.

Sponsor requirements

Australian statusThe sponsor must be an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen.
18 or olderThe sponsor must be at least 18 years old.
Sponsorship limits applyThere are rules on how many times and how often a person can sponsor a partner, and our eligibility check confirms this up front.
Character and police checksThe sponsor must disclose any serious criminal history, and police checks may be required. An immigration lawyer reviews their situation.

Married or de facto, both covered

Subclass 309 is open to both married and de facto couples applying from outside Australia. The route is the same; the evidence differs.
If you're married
Your marriage recognised under Australian law anchors the application, but the Department still assesses whether the relationship is genuine and continuing. You'll need your marriage certificate, evidence across the four pillars, and health and character checks.
If you're de facto
Without a marriage certificate, the relationship's genuineness rests entirely on evidence. You'll need strong documentation across the financial, social, household, and commitment pillars, along with health and character checks, and an immigration lawyer reviews whether the case is ready to submit.

Building your life in Australia starts before you arrive

The offshore pathway asks you to wait outside Australia while the Department assesses your case. Here is what that period looks like.
Apply and wait from outside Australia
Your application is submitted while you are overseas. You remain offshore during processing. Australian work rights do not begin until the subclass 309 is granted, so planning for this period matters.
Plan your move while it is assessed
Use the processing period to prepare. Gather any outstanding evidence, stay in contact with Tern, and plan the practical side of your move. Your immigration lawyer remains available to advise on requests from the Department.
The path to permanent residence
Subclass 309 leads directly to subclass 100, the permanent partner visa. Once you have lived with your partner in Australia for long enough, the Department assesses Stage 2 and, if satisfied, grants permanent residence.

Why choose Tern?

The heavy lifting, done for you

Tern builds your photo album, drafts your relationship statements, fills Form 80, and helps you gather Form 888 witness declarations. Work that would otherwise eat weeks of your evenings is handled for you. As you upload evidence, each document is checked in real time against what the Department expects.

Know your evidence is strong before submission

An immigration lawyer thoroughly reviews every application before it is submitted. If your evidence falls short, you find out before submission, while there is still time to fix it. Consultations are included on Guided and Complete plans so you can ask questions at any point, and Tern's hands-on customer support team supports you throughout.

No visa, no fee

The government fee of A$11,710 is non-refundable once submitted, so your application is checked before we send it in. If the Department refuses your visa, Tern's service fee is refunded in full. Full terms apply.

See it in action

See exactly how strong your relationship evidence is

As you upload documents across all four pillars (financial, social, household, commitment), real-time pass/fail badges show whether each piece meets the Department's standard. Lawyer-designed advice tells you what's missing and what to add, before you submit.

How it works with Tern

The simplicity of an app. The expertise of an immigration lawyer. Real advice, real-time evidence checks, and lawyer review at every stage that matters.
1
Free eligibility check
A quick, free check tells you whether you can apply and flags any issues early on. No account needed, no obligation.
2
Free lawyer consultation
Have a consult with an immigration lawyer at no cost to discuss your specific situation and ask any questions you have.
3
Personalised evidence upload
Upload your documents in a guided flow, on your own schedule. Everything is saved to your account, so you can always see what's still outstanding without back-and-forth emails to check. Each document is assessed against what the Department expects in real time, so gaps are caught as you go, not after submission.
4
Lawyer review, then submission
An immigration lawyer reviews your complete application before submission and advises on anything that needs to change, with re-reviews included at no extra charge as needed. Tern then submits directly with the Department of Home Affairs on your behalf.
5
Support after submission
Tern stays with you after submission. On the Complete plan, your case is actively managed through to a decision, including any requests for further information from the Department.

Get your visa

Your application goes to the Department fully prepared, giving your relationship every chance to be recognised.

Complex situation? Talk to an immigration lawyer first.

A newer relationship, time spent living apart, children from a previous relationship, or a past visa refusal does not automatically close the door, but it does change how the case should be prepared and presented. Start with the free eligibility check on this page and a free consultation with an immigration lawyer follows before you commit to anything, so you go in knowing exactly where you stand.

What people are saying

Based on 59 reviews
Fantastic experience with tern, amazing value for moneyFantastic experience with tern! We planned to DIY our 820 visa but having the extra reassurance an immigration lawyer was looking over our documents made us feel so much better and at a fraction of the cost! They were incredibly responsive to any questions we had and the website was clear and easy to use. We could go at our own pace and see what still needed to be uploaded. Would recommend them to anyone that doesn’t want to pay the exorbitant agent fees on top of the crazy visa fee but wants the added reassurance everything is there and correct. They definitely spotted a few mistakes we missed which saves us having to amend anything with the DOI. Very glad we used tern and will be recommending them to anyone else needing help with the lengthy partner visa process!
Lucy· 31 July 2026
LifesaversLifesavers. Very helpful!!! Tern helped me with a complicated partner visa situation. Tony was super knowledgeable and it would have cost me thousands and potentially a loss if visa without his help.
Samuel· 14 April 2026
I recommend this serviceThe consultation was efficient and helpful. The lawyer answered all of my questions and gave me clear next steps to follow. I would recommend if you need quick and knowledgable advice throughout your visa application.
Jade· 26 March 2026

Meet your legal team

Your application follows a process designed and maintained by immigration lawyers for accuracy and compliance.
Antonious Nehme
Antonious Nehme
Immigration Lawyer
License #5513641
Australian company with Australian immigration lawyers

Pick your level of support

Every plan includes the online application platform, hands-on support from Tern's customer support team, and a thorough lawyer review before submission. Choose how much guidance you want along the way.

Direct

Lawyer review at your pace.

A$1,400

AUD
Lawyer-authored advice tailored to your situation, every step of the way
Photo album, relationship statements, and Form 80 prepared for you
Real-time feedback on your evidence as you upload it
Lawyer-reviewed, re-reviewed as needed, then Tern submits with the Department
Most popular

Guided

Lawyer on call whenever questions come up.

A$1,900

AUD
Everything in Direct
4x30-minute consultations with an immigration lawyer
Use them anytime, by video or call, as questions arise

Complete

We handle everything, from application to decision.

A$2,400

AUD
Everything in Guided
Tern monitors your application until a decision is issued
Department requests for documents or information handled for you
Changes of circumstance managed throughout
Total realistic spend is Tern's service fee from A$1,400, the A$11,710 government fee, plus medical exams and police certificates paid directly to the providers (cost varies by country).Prices shown are for applications made from outside Australia, with 10% GST added when you apply from within Australia.

Common questions

Subclass 309 is the offshore stage of the Australian partner visa. You apply from outside Australia, and the Department assesses your relationship while you remain overseas. The assessment covers four pillars: financial, social, household, and nature of the commitment. An immigration lawyer reviews your application before Tern submits it with the Department. Processing takes time, and the Department may request further information during that period. When the Department is satisfied your relationship is genuine, the 309 is granted and you can enter Australia, live here, and work. Subclass 100, the permanent visa, follows as a separate Stage 2 assessment later.
No. Because subclass 309 is an offshore visa, you are outside Australia during processing and do not hold an Australian bridging visa. Australian work rights begin once the 309 is granted. At that point you can travel to Australia and work here. If you need to enter Australia while your application is being processed, speak with your immigration lawyer about whether another visa pathway applies to your situation.
They are two stages of the same offshore partner visa pathway, and you apply for both at once. Subclass 309 is the temporary, provisional stage: it is granted first and allows you to enter Australia and live and work here while the Department monitors the relationship over time. Subclass 100 is the permanent stage, assessed later once the Department is satisfied your relationship has remained genuine and continuing. You do not need to submit a separate application for the 100; the timing of when Stage 2 is assessed depends on when your application was submitted and your individual circumstances.
A partner visa application is assessed on the basis of an ongoing genuine relationship, so a breakdown in the relationship is a significant change in circumstances that can affect the outcome. The Department expects you to notify them if your situation changes materially after submission. In limited situations involving family violence, there are provisions that may allow an application to continue, but those circumstances are specific and not automatic. If your situation has changed or you are concerned about how it might affect your application, speak with your immigration lawyer as early as possible so you understand your options.
Yes, on every plan. An immigration lawyer reviews your complete application before it is submitted to the Department, including your relationship statements, supporting evidence across all four pillars, your Form 80, and any witness declarations. The goal is to strengthen your application and catch anything that could read as a red flag to the case officer. Your lawyer advises on any additional evidence needed and any changes worth making before submission.
Tern submits your application directly with the Department of Home Affairs on every plan.
On Direct and Guided plans, your application is transferred to your own ImmiAccount once submitted. You handle any requests for further information and changes of circumstance yourself. On the Complete plan, Tern continues to monitor your application until a decision is issued. Tern responds to Department requests for documents or information and supports any changes of circumstance along the way.
Guided and Complete both include four 30-minute consultations with an immigration lawyer, available at any point during your application. On Direct, consultations can be purchased separately if you need one.
Tern's service fee is refunded in full if your visa is refused. The government fee of A$11,710 is set by the Department and is non-refundable by them, so it is not covered by the guarantee. This is why lawyer review before submission matters.
No. All three plans cover Stage 1 only (subclass 820 or 309). Stage 2 (subclass 801 or 100) is handled separately when the time comes.

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