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820 vs 309 Partner Visa: Applying Onshore or Offshore
The 820/801 pathway is the onshore Partner visa route; the 309/100 pathway is the offshore route. Both concern eligible partners of Australian citizens, Australian permanent residents or eligible New Zealand citizens. The right choice depends on where the applicant can validly apply and the couple’s actual circumstances.
Information checked on 10 October 2026. Choosing a location does not remove relationship, sponsorship, health, character or other applicable requirements.
Understand the paired subclasses
The subclass 820 is the temporary stage associated with subclass 801 permanent residence. Subclass 309 is the provisional stage associated with subclass 100 permanent residence. Home Affairs explains that the temporary and permanent stages are applied for together.
This does not mean every applicant receives permanent residence immediately. Ask which requirements apply at each stage and what evidence should be maintained while the matter progresses.
Application location comes first
The 820 route involves applying in Australia. The 309 route involves applying outside Australia. Check the detailed criteria for your position rather than selecting a subclass because its processing time looks attractive.
For someone already in Australia, current visa conditions and immigration history can affect whether a valid onshore application is possible. If the person does not hold a substantive visa, additional issues may arise. A marriage does not automatically remove those barriers.
Do not assume the bridging visa position
An onshore application may involve a bridging visa if the relevant requirements are satisfied. The actual grant, commencement, work conditions and travel arrangements must be checked.
An offshore Partner visa application does not itself give the applicant a bridging visa to stay in Australia. Any visit during processing requires a separate lawful basis and compliance with the visa used for that visit.
This difference can materially affect a couple’s finances. Discuss work, travel and separation before choosing the application strategy.
The evidence task remains substantial
Both pathways require careful relationship evidence. Organise the history, financial arrangements, household, social recognition and commitment in a way that reflects your circumstances.
For couples living in different countries, explain the periods apart and the practical arrangements for maintaining the relationship. For couples living together, ensure residence and household documents agree with the application forms.
Avoid manufacturing a shared lifestyle simply to fit a checklist. The evidence should explain the real relationship.
Compare the practical costs of each route
Build two budgets if both pathways are genuinely available. Include accommodation, income while waiting, travel, insurance, family needs and professional assistance.
Government fees are only one part of the decision. A plan that looks cheaper at lodgement may be harder to sustain if it assumes work permission or travel arrangements that have not been checked.
Use official processing-time information as a guide to recently decided cases, not a promised decision date for your application.
Questions before lodging
Where can the applicant validly apply?
Do current conditions or past refusals create an issue?
Is the sponsor eligible?
Are there relationship-duration or other evidentiary questions?
What bridging visa, if any, would be available?
How will travel and employment be managed?
What happens if circumstances change while waiting?
Ask for a written strategy tied to the documents. A simple statement that onshore is always better or offshore is always faster is not enough.
Frequently asked questions
Can a visitor simply lodge an 820 application?
That requires an assessment of the visitor’s conditions, application validity and all relevant criteria. Do not assume entry as a visitor settles the question.
Does lodging a 309 allow me to work in Australia?
The application itself does not grant Australian work rights. Those depend on a visa actually held and its conditions.
Is one route easier to prove?
Choose based on eligibility and circumstances. Neither route removes the need for credible relationship evidence.
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Official sources
General information only, not advice about your individual circumstances. Rules and program settings can change. Check the official guidance and seek an assessment from a registered migration agent or Australian legal practitioner before acting.
