Name: Australia partner visa (Subclass 309)
Brand: Tern
Availability: InStock
Rating: 4.6 (42 reviews)

Question 1

How does the offshore subclass 309 process work?

Accepted Answer

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 lodges 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.

Question 2

Can I work in Australia while my subclass 309 is being processed?

Accepted Answer

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.

Question 3

What is the difference between the subclass 309 and the subclass 100?

Accepted Answer

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 lodge a separate application for the 100; the timing of when Stage 2 is assessed depends on when you lodged and your individual circumstances.

Question 4

What happens if our relationship breaks down before the visa is granted?

Accepted Answer

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 lodgement. 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.

Question 5

Will an immigration lawyer review my application?

Accepted Answer

Yes, on every plan. An immigration lawyer reviews your complete application before it is lodged with the Department. That includes your relationship statements, supporting evidence across all four pillars, your Form 80, any witness declarations, and the overall package for gaps or inconsistencies the Department might query. The goal is to catch anything that could weaken the application before it goes in.

Question 6

Who lodges my application with the Department?

Accepted Answer

Tern lodges your application directly with the Department of Home Affairs on every plan.

Question 7

What happens after my application is lodged?

Accepted Answer

On Essential and Guided, your application is transferred to your own ImmiAccount once lodged. You handle any requests for further information and changes of circumstance yourself. On Complete, Tern continues to manage your case until a decision is issued, including RFIs and changes of circumstance.

Question 8

Which plans include lawyer consultations?

Accepted Answer

Guided and Complete both include four 30-minute consultations with an immigration lawyer, available at any point during your application. On Essential, consultations can be purchased separately if you need one.

Question 9

What does the "no visa, no fee" guarantee cover?

Accepted Answer

Tern's service fee is refunded in full if your visa is refused. The government fee of {{govFee}} 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 lodgement matters.

Question 10

Does this cover the second stage of the partner visa?

Accepted Answer

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.

Subclass 309 partner visa

What is the subclass 309 offshore partner visa?

Applicant requirements

Sponsor requirements

Married or de facto, both covered

If you're married

If you're de facto

Building your life in Australia starts before you arrive

Apply and wait from outside Australia

Plan your move while it is assessed

The path to permanent residence

How it works with Tern

Free eligibility check

Free lawyer consultation

Personalised evidence upload

Final lawyer review, then lodgement

Support after you lodge

Get your visa

Why choose Tern?

Focus on the relationship, not the paperwork

Know your evidence is strong before you lodge

No visa, no fee

Complex situation? Talk to an immigration lawyer first.

What people are saying

Meet your legal team

Pick your level of support

Essential

A$1,400

Guided

A$1,900

Complete

A$2,400

Common questions

How does the offshore subclass 309 process work?

Can I work in Australia while my subclass 309 is being processed?

What is the difference between the subclass 309 and the subclass 100?

What happens if our relationship breaks down before the visa is granted?

Will an immigration lawyer review my application?

Who lodges my application with the Department?

What happens after my application is lodged?

Which plans include lawyer consultations?

What does the "no visa, no fee" guarantee cover?

Does this cover the second stage of the partner visa?

Learn more about partner visas on our blog

Australian partner visa 2026: complete guide (820/801, 309/100, 300)

After you lodge: managing your Australian partner visa during the wait (2026 update)

De facto vs married: does it matter for Australian partner visas?

The sponsor's role in Australian partner visa applications