Partner visa (Subclasses 309, 820)

Spouse partner visa Australia

Subclasses 309, 820Your marriage certificate establishes your legal status. The Department still assesses whether your relationship is genuine and continuing across four evidence pillars. An immigration lawyer reviews your complete application before anything is lodged. From A$1,400.
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Spouse partner visa Australia - Australian visa application
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What the marriage certificate does, and what happens next

A marriage certificate tells the Department that your relationship has a legally recognised status. It does not tell them whether the relationship is genuine and continuing today. The Department assesses that separately, across four evidence pillars: financial, social, household, and the nature of your commitment.
Married couples can apply onshore (subclass 820, while you are in Australia) or offshore (subclass 309, while you are outside Australia). Both lead to the same two-stage pathway to a permanent visa. An immigration lawyer reviews the full evidence package before Tern lodges your application. For a detailed comparison of the spouse and de facto pathways, read de facto vs married partner visa.
A couple together

Applicant requirements

Marriage recognised under Australian lawYour marriage must be legally recognised in Australia, whether it took place here or overseas
Genuine and continuing relationshipThe Department assesses the relationship across financial, social, household, and commitment evidence, not the marriage certificate alone
Health and character requirementsBoth you and your spouse must meet standard health and character requirements, including police checks where required
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.

What a marriage certificate does, and what it does not

A marriage certificate tells the Department that your relationship has a legally recognised status. It does not tell them whether the relationship is genuine and continuing today, which is what they actually assess. The Department looks for a coherent, consistent story across all four areas, and how the evidence is presented and contextualised matters as much as what is included.
Your marriage is the starting point
A marriage recognised under Australian law confirms your legal status as spouses. It is the most important eligibility document and gives the Department a clear factual foundation for the rest of the assessment.
The relationship is still assessed across four pillars
Financial, social, household, and the nature of your commitment. A marriage certificate does not replace this evidence. The Department wants to see that the relationship is genuine and continuing, which is demonstrated through the documents you provide across all four areas.
Onshore (820) or offshore (309)
If you are in Australia when you apply, you apply for subclass 820. If you are outside Australia, you apply for subclass 309. Both lead to the same permanent visa pathway (801 or 100). An immigration lawyer confirms which applies to your situation.

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. What typically takes over 100 hours to assemble takes closer to 10. As you upload evidence, each document is checked in real time against what the Department expects.

Know your evidence is strong before you lodge

An immigration lawyer thoroughly reviews every application before it is lodged. If your evidence falls short, you find out before lodgement, 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 lodged, 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.

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 lodgement.
4
Lawyer review, then lodgement
An immigration lawyer reviews your complete application before lodgement and advises on anything that needs to change, with re-reviews included at no extra charge as needed. Tern then lodges directly with the Department of Home Affairs on your behalf.
5
Support after you lodge
Tern stays with you after lodgement. 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 49 reviews
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 lodgement. 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 lodges 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 manages your case until a decision is issued
Requests for further 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).

Common questions

Both are partner visas under Australian immigration law, following the same two-stage pathway (temporary then permanent). The key difference is the legal basis for the relationship. A spouse visa applies when you are legally married to your Australian partner, with that marriage recognised under Australian law. A de facto visa applies when you are in a genuine de facto relationship but are not married. For de facto applicants, the relationship's existence has to be demonstrated entirely through evidence, because there is no marriage certificate to anchor it. For married applicants, the certificate establishes legal status, but the Department still assesses the relationship as genuine and continuing across the same four evidence pillars. The application process and evidence requirements are substantially the same for both.
Yes. Your marriage certificate tells the Department that you are legally married. It does not tell them whether the relationship is genuine and continuing today. The Department assesses that separately, across four evidence pillars: financial (joint accounts, shared expenses, property), social (photos, travel together, recognition by family and friends), household (living together, shared lease or mortgage, utility bills), and the nature of your commitment (future plans, knowledge of each other's lives, length of the relationship). A strong, coherent picture across all four pillars is what protects your application. An immigration lawyer reviews your complete evidence package before lodgement to identify any gaps while there is still time to address them.
Yes, on every plan. An immigration lawyer reviews your complete application before it is lodged with 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 lodgement.
Tern lodges 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 lodged. You handle any requests for further information and changes of circumstance yourself. On the Complete plan, Tern continues to manage your case until a decision is issued, including RFIs and changes of circumstance.
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 lodgement 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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