- Communication logs - calls, messages, video chats
- Evidence of visits and travel together
- Shared financial ties where possible
- Statements from people who know the relationship
Subclass 309 Partner Visa
Partner Visa Lawyers
Your Partner Is Overseas. We Help You Reunite.
Your partner is outside Australia. The Subclass 309/100 is their pathway to you. We help couples navigate this process with clarity, honesty, and genuine care.
2-Day Cooling-Off Period
No Pressure to Sign
Transparent Fees
Payment Plans Available
LGBTIQ+ Welcome
Licensed & Registered Migration Law Practice
Our Guarantee
No Visa?

No Fee.
We're so confident in our work that if your standard partner visa application is refused, you don't pay our professional fees.
This isn't a gimmick — it's our commitment to only taking on cases we believe in and doing the work properly. When we accept your matter, we're invested in your success.
The MML Guarantee
Visa refused? Full fee refund
- Covers standard Partner Visa 820/801 applications
- Covers standard Partner Visa 309/100 applications
- Covers Prospective Marriage Visa 300 applications
- Professional fees refunded if visa refused
- Government fees are non-refundable (paid to Dept)
Applies to standard applications

This guarantee applies to straightforward partner visa applications without Schedule 3 issues, character concerns, or health-related complications. Complex matters are assessed individually. Full terms provided at engagement.
Key Requirements
Subclass 309 Eligibility Requirements
To be eligible for the Subclass 309/100, both you and your partner must meet a range of requirements. The applicant must be at least 18 years of age and outside Australia at the time of application, though they can be either inside or outside Australia when a decision is made.
Genuine Relationship Evidence
You must demonstrate that your relationship is genuine and ongoing. For the 309, this is assessed both at lodgement and again at the 100 stage.
Examples
Sponsorship Eligibility
The Australian citizen or permanent resident sponsoring the application must meet specific requirements. Sponsorship history matters.
Examples
- Must be an Australian citizen, permanent resident, or eligible NZ citizen
- Can generally only sponsor two partners in a lifetime
- Cannot sponsor more than one person in the last 5 years
- Cannot sponsor if convicted of certain offences
Health & Character Requirements
All applicants must meet health and character requirements. Health exams are done by approved panel physicians. Police clearances are required.
Examples
- Medical examination by an approved panel physician
- Police clearances from all countries lived in 12+ months
- Character assessments can take time - plan early
- Dependent children must also comply
Financial Aspects
There is no income threshold for the 309/100. However government fees are significant and must be paid at lodgement.
Examples
- Government fee: currently over $9,000 AUD - paid at lodgement
- Health examination fees paid separately
- Police clearance fees per country
- Our professional fees - transparent quotes provided upfront
Location Requirement
The applicant must be outside Australia at both the time of lodgement and when the visa is granted. This is non-negotiable.
Examples
- Cannot be in Australia when you lodge
- Cannot travel to Australia before the 309 is granted
- Can travel to Australia once the 309 is granted
- If already in Australia, the 820/801 pathway may apply instead
De Facto vs Married Pathways
Both married and de facto couples can apply. De facto couples must show the relationship existed for at least 12 months before applying.
Examples
- Married: no minimum relationship period required
- De facto: 12-month cohabitation or registration required
- Same-sex relationships fully recognised on both pathways
- Relationship must be exclusive and continuing
12 Client Commitments
These are enforceable operational standards — not aspirational statements.
1
2-Day Cooling-Off Period
1
After receiving engagement documents, you have two full business days to review everything carefully, understand the costs, and decide whether you're comfortable proceeding. You can seek independent advice or discuss with family without pressure.
Most firms expect immediate sign-ups. We deliberately slow the process so decisions are made calmly, not under pressure.
2
No Pressure to Engage
2
We do not push clients to sign or pay during consultations. No urgency language, no fear-based messaging, no emotional pressure. Your consultation is about understanding your situation, not being pushed into signing.
No discounts for signing "today". No countdown timers. Payment requested only after you've decided, not during consult.
3
Fee Installments Available
3
You don't need the full fee available upfront. We offer payment plans that spread costs across key stages, making professional legal representation more financially manageable. No interest charges, processing fees, or admin penalties.
Migration legal services shouldn't be accessible only to those who can pay $10,000+ upfront.
4
Suitability-First Advice
4
We do not accept every matter. If we believe your case is not suitable to proceed — because evidence is too weak, risks are too high, or it would cause more harm than benefit — we tell you clearly and early, even if you're willing to pay.
We reject borderline matters rather than take uncertain fees. Income is sacrificed for professional integrity.
5
Care Beyond Engagement
5
Once you engage us, you're not left chasing your lawyer. Your calls are returned, your emails are answered, and important dates are watched carefully. Even during long waiting periods, your matter receives attention — not forgotten after payment.
We deliberately control how much work we take on so matters already in progress are properly looked after.
6
Fee Transparency
6
Staged fees tied to specific milestones with clear deliverables. You know exactly what you're paying for at each step, when payment is required, and what is not included. No opaque fixed fees paid upfront.
Every dollar is defensible and linked to completed work. Full fee transparency before engagement.
7
Fair & Clear Refund Policy
7
You know upfront how refunds work. Our refund policy is provided before you engage, not after a dispute arises. Refund decisions are based on milestones completed, not emotion or negotiation.
Milestone completion determines entitlement, not pressure. Policy is published and applied consistently to every client.
8
Transparency Before We Start
8
Before you commit, you receive a complete information pack: fees and milestone schedule, refund policy, complaints policy, privacy and cybersecurity summary, service level standards charter, how we manage your matter, and scope & suitability policy.
All 7 documents provided before any decision is required. Nothing important is hidden or deferred until after payment.
9
Regular Updates Guaranteed
9
Defined update cadence by matter stage. Even when there is no news from the Department or Tribunal, you receive updates at defined intervals so you know your matter is being monitored. Update standards are documented in our Service Level Standards Charter.
Silence during waiting periods is the #1 complaint in migration. We eliminate it. Generic "we're working on it" messages are banned.
10
Professional Cybersecurity
10
Your data is protected through secure systems, access controls, and professional protocols. Migration matters involve sensitive identity documents, personal histories, and financial information. We use professional-grade systems, not consumer tools.
Multi-factor authentication enforced. Document access is role-based and logged. Cybersecurity is an operational priority, not an afterthought.
11
Formal Complaints Process
11
If something goes wrong or you are unhappy, there is a clear and fair way to raise concerns. Complaints are acknowledged within 2 business days, reviewed by management, and responded to in writing within defined timeframes.
We treat complaints as serious professional matters, not personal disputes. Every complaint is logged, reviewed, and tracked for systemic improvements.
12
What We Won't Do
12
We explicitly reject common industry practices: promising outcomes we can't control, pushing you to sign on the spot, taking unsuitable cases, charging before explaining costs, going silent during waiting periods, and taking more clients than we can properly serve.
These prohibitions are enforceable operational rules, not aspirational goals. We put them in writing because they matter.
Ready to Start?

Book Your Assessment
Schedule a 45-minute visa assessment with our team. We'll review your situation, explain your options, and give you a clear understanding of the pathway forward.
Detailed eligibility assessment for your situation
Clear explanation of visa options and pathways
Identification of any potential issues or risks
Transparent fee estimate with no hidden costs
No pressure to proceed — decision is always yours
$300
45-minute consultation
Credited towards your matter if you proceed - $30 separate booking fee applies
What makes us different?
We Reject the Industry Standard
Most migration firms rely on pressure tactics, unclear fees, and unrealistic promises. We built our entire practice to do the opposite.
1
Two-Day Cooling-Off Period
After receiving engagement documents, you have two full business days to review everything carefully, understand costs, and make your decision without pressure.
Most firms expect immediate sign-ups. We deliberately slow the process so decisions are made calmly.
2
No Pressure, Ever
No urgency language, fear-based messaging, or emotional manipulation. Your consultation is about understanding your situation, not being pushed to sign.
No discounts for signing "today". No countdown timers. Payment only after you've decided.
3
Complete Fee Transparency
Staged fees tied to specific milestones. You know exactly what you're paying for at each step, with clear deliverables and no hidden costs.
Every dollar is defensible and linked to completed work. No opaque fixed fees paid upfront.
4
Fee Installments Available
You don't need the full fee upfront. We offer payment plans that spread costs across the key stages of your matter, making professional legal representation accessible.
No interest charges, processing fees, or admin penalties. Migration services shouldn't only be for those who can pay $10,000+ upfront.
5
Regular Updates Guaranteed
Defined update cadence by matter stage. Even when there's no news, you receive updates so you know your matter is being monitored.
Silence during waiting periods is the #1 complaint in migration. We eliminate it.
6
Fair & Clear Refund Policy
Our refund policy is provided before you engage, not after a dispute. Refunds are calculated based on milestones completed, not emotion or negotiation.
You know exactly where you stand financially. No arbitrary decisions, no arguments — just clear, published policy.
Lives, Not Files.
We’ll Fight For Yours.
Your visa isn’t just paperwork. It’s your future, your family, your life in Australia. At My Migration Lawyers, we treat it that way. No Pressure. No false hope. Just honest advice and proper service from migration lawyers who actually care about getting it right.
Before you sign
Complete Transparency Before You Decide
Before you engage us, you'll receive a complete information pack covering every aspect of our engagement. Read it at your own pace. Make your decision with full knowledge, not assumptions.
7
7 documents delivered before engagement
Ready for a Different Experience?
Book a visa assessment and see how migration law should work.
Common Questions
Subclass 309/100 FAQs
Clear answers to the questions we hear most often about the Subclass 309/100.
How long does the Subclass 309/100 take to process?
Processing times for the Subclass 309 vary and change regularly. The Department publishes indicative processing times on their official website - we recommend checking there for the most current figures. We will also discuss realistic expectations with you at your assessment.
What right do I have once my Subclass 309 is granted?
Once your Subclass 309 is granted, you can travel to Australia and remain there temporarily. You will have full work and study rights. You will be eligible for Medicare. The visa is typically valid for five years from grant. During this time, your application continues to be assessed for the permanent Subclass 100. There is no need to lodge a new application - the 100 assessment happens automatically from your original application.
Can I travel to Australia while my 309 application is being processed?
This is a critical point for 309 applicants. Unlike the onshore 820, the 309 does not grant a bridging visa. If you travel to Australia while your 309 is pending, and your existing visa expires, you may become unlawful or be required to leave. We strongly advise not travelling to Australia without specific legal advice during the 309 processing period.
My sponsor has sponsored a partner before. Can they still sponsor me?
Sponsorship history matters. Generally, a person can only sponsor two partners in their lifetime for partner visas, and cannot sponsor more than one person within a five-year period. If the sponsor has previously sponsored someone, they will need to declare this, and in some cases additional legal work may be required. We assess sponsorship eligibility carefully at the beginning of every matter to identify any potential issues before lodgement.
Do I need to have lived together before applying for the 309?
If you are married, there is no requirement to have lived together before applying. If you are in a de facto relationship, you generally need to demonstrate that the relationship has existed for at least 12 months prior to lodgement. However, couples registered under a prescribed registration scheme may be exempt. Long-distance couples often face additional scrutiny, and we help prepare evidence that demonstrates the genuine nature of the relationship despite the distance.
Do we qualify as de facto if we live in different countries?
Yes, couples living in different countries can qualify, but the evidence requirements are higher. The Department looks at the totality of the relationship - including frequency of communication, visits, shared finances, and knowledge of each other's lives. We know how to build a compelling, evidence-rich application that reflects the genuine nature of your relationship despite the distance.
Can I include my children in the 309/100 application?
Yes. Dependent children can be included in the 309/100 application as secondary applicants. Each child must meet their own health and character requirements. If a child is not included at the time of application, they cannot be added later - they would need to apply for a separate visa. If you have children or plan to have them included, it is important to discuss this with us at the outset so the application is structured correctly from the start.
What is the difference between the 309 and the 920 visa?
The core difference is location. The 309 is for applicants who are outside Australia at lodgement and at the time the visa is granted. The 820 is for applicants - your partner must already be in Australia on a valid visa. The 820 grants a bridging visa immediately, giving immediate work rights while the application is processed. The 309 does not grant a bridging visa. Both pathways lead to permanent residency at the second stage (100 or 801 respectively).
What happens if the Department requests more information (a Section 56 request)
The Department may issue a Section 56 request asking for further information or documents at any stage of the process. You will be given a deadline to respond. Failing to respond, or responding inadequately, can result in the application being decided on the existing information - which may mean a refusal. Depending on the service you engage us for, we can manage this process on your behalf.
Can I pay my professional fees in instalments?
Yes. We offer fee instalment arrangements for clients who need them. Our fees are structured around milestones in the application process, so you are not required to pay everything upfront. We provide a clear written fee schedule before you engage us, so you know exactly what you will pay and when. Government application fees are a separate matter - these are paid to the Department and must be paid at lodgement.
Still have questions?