820 vs 309 Partner Visa: Which One is Right For You?
When you are in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, exploring the Australian Partner Visa options is a natural step towards building a life together in Australia.
A common point of inquiry when couples begin this journey is understanding the difference between the Subclass 820 and Subclass 309 visas and determining which one aligns with their personal situation.
Both the Subclass 820 and Subclass 309 represent initial, temporary stages within the broader Australian Partner Visa program. The pathway ultimately leads to eligibility for a permanent visa, the Subclass 801 visa if applying onshore, or the Subclass 100 visa if applying offshore.
The fundamental distinction between these two temporary visas lies in your physical location when you submit your application.
Disclaimer: The information provided in this article is intended for general informational purposes only and is not a substitute for professional legal advice. The Partner Visa application process is complex, and the specific circumstances of each case may vary. For tailored advice and assistance, we recommend consulting a nimmigration lawyer to guide you through the process and ensure your application meets all legal requirements.
Video Case Study: Onshore (820) vs Offshore (309). Which Path is Best?
Before diving into the detailed breakdown, you can watch the real-life case study this article is based on. In this video, I walk you through the two main pathways for the Australian Partner Visa. We’ll explore the onshore 820 visa, including the crucial role of the Bridging Visa A (BVA) which allows you to remain in Australia with your partner. We then contrast this with the offshore 309 visa process for applicants who are outside of Australia. Understanding the implications of each stream, from work rights to the practicalities of staying together, is key to making an informed decision. We will also touch on the core requirements that are the same for both visas, such as proving your genuine and ongoing relationship.
Key Differences at a Glance: 820 vs 309 Partner Visa
No bridging visa associated with application (exceptions apply)
Ability to remain in Australia during processing
Generally permitted to stay in Australia on a bridging visa
Must remain outside Australia unless holding another substantive visa (or a bridging visa may be available in limited circumstances)
Understanding the Australian Partner Visa 820 (Onshore)
The Subclass 820 visa is designed for individuals who are already present in Australia when they lodge their application.
Who is this pathway typically for? This is generally the pathway if you are currently in Australia on a valid visa and wish to apply to remain here with your Australian partner while your application is being processed by the Department.
Key Considerations for the 820 Visa:
You are required to be physically within Australia at the moment you submit your application
Upon lodging a valid application while holding a qualifying visa, you are typically granted a Bridging Visa A (BVA). This visa allows you to stay in Australia lawfully after your current visa expires. A BVA often provides full work and study rights, offering continuity in your life in Australia during processing.
Following a qualifying period, generally around two years from the date of your initial application, your eligibility for the permanent Subclass 801 visa will be assessed, provided your genuine and ongoing relationship continues and you meet all other relevant criteria.
Understanding the Australian Partner Visa 309 (Offshore)
In contrast, the Subclass 309 visa is the appropriate route if you are residing outside Australia when you apply.
Who is this pathway typically for? This option is for you if you are currently living outside of Australia and intend to join your Australian partner who is living in Australia.
Key Considerations for the 309 Visa:
You must be physically located outside Australia when you lodge your application
Once the provisional visa is granted, it permits you to travel to Australia to live with your partner temporarily.
Similar to the onshore pathway, your eligibility for the permanent Subclass 100 visa will be assessed approximately two years after your initial application date, conditional on the genuine nature of your relationship continuing and meeting all other criteria.
Common Foundations for Both Visa Streams (820 vs 309 Partner Visa)
Regardless of whether you apply onshore or offshore, both the 820 and 309 visa applications require you to demonstrate fundamental criteria:
Genuine and Ongoing Relationship: You must provide compelling evidence that you are in a genuine and continuing relationship with your sponsoring partner.
Relationship Recognition: Your relationship must be recognised under Australian law, typically as a marriage or a de facto relationship. This includes same-sex relationships.
Meeting Health and Character Standards: Applicants must satisfy the relevant health and character requirements and sponsors must meet the relevant character criteria.
Commitment to a Shared Future: The application process involves demonstrating a mutual commitment to a long-term life together in Australia.
It is also important to note that when you apply for the initial temporary visa (either 820 or 309), you are concurrently applying for the subsequent permanent visa (801 or 100). You pay one application fee for this two-stage process. The Department first assesses the temporary visa application and, if granted, will assess your eligibility for the permanent visa after the designated waiting period.
Determining the Right Pathway for Your Situation
The decision between the 820 and 309 visa pathways is guided by your individual circumstances. Consider these key factors:
Your Present Location: The most defining factor is where you are at the time you are ready to apply. If you are in Australia, the 820 pathway is generally the one available to you. If you are outside Australia, the 309 pathway is the relevant option.
Your Visa Status and Interim Stay Options: If you are applying from within Australia, the ability to obtain a bridging visa upon lodging a valid 820 application can be a significant advantage. This allows you to remain in Australia lawfully, often with work rights, while waiting for a decision. For offshore applicants, there is no equivalent bridging visa (exceptions apply). You must remain outside Australia unless you hold another visa that permits you to enter the country.
The Stage of Your Relationship: Both married and de facto relationships are recognised for both visa types. However, if you are in a de facto relationship, you typically need to demonstrate at least 12 months of living together immediately before applying, unless your relationship is registered in a state or territory that permits this.
Navigating Processing Timelines: While advertised processing times for both visas can fluctuate, it is generally the case that offshore (309) applications may sometimes be processed more quickly than onshore (820) applications (not always). However, for couples where the partner is already in Australia, the practical benefit of remaining together onshore during the processing period, potentially with the ease of continuing their shared life and naturally generating additional relationship evidence, as well as having work rights via a bridging visa, often outweighs a potentially shorter processing time offshore.
A Consideration Regarding Visitor Visas and Onshore Applications
Some couples consider the strategy of the offshore visa applicant entering Australia on a visitor visa and then applying for the 820 visa once onshore. While the Migration Regulations permit applying for a partner visa after entering on certain temporary visas (except when there is a no further stay condition imposed), proceeding this way requires careful consideration.
The Department assesses visitor visa applications to ensure the applicant genuinely intends a temporary stay for the purpose stated in their application. If the underlying intention is to remain in Australia long-term by applying for a partner visa onshore, and this is not aligned with the stated purpose of the visitor visa application, it can raise significant concerns regarding the genuine temporary entrant criteria for the visitor visa. This can make obtaining the visitor visa itself difficult.
Seeking a professional assessment of your situation before taking this approach is highly advisable to understand the potential challenges and explore appropriate strategies.
Onshore vs Offshore Partner Visa: Which One Is Better?
There is no single answer that applies to every couple. Selecting the appropriate partner visa pathway – the onshore Subclass 820 or the offshore Subclass 309 – depends on your unique circumstances, including your location, current visa status, the nature and duration of your relationship, and your plans for living in Australia. A well-prepared application with strong supporting evidence is crucial for either pathway.
At Flow Migration Law, we work collaboratively with couples to assess their individual situations and determine the most suitable strategy for their partner visa application. We aim to provide clear guidance on what each pathway involves.
If you are weighing up the options for your Australian Partner Visa journey and would like to discuss your specific circumstances, we welcome you to book a consultation. We are here to help you understand your options and navigate the application process effectively.
FAQ: 820 vs 309 Partner Visa
❓What is the main difference between the 820 and 309 partner visa? The 820 visa is for applicants who are already in Australia, while the 309 visa is for those applying from outside Australia. Both are temporary visas that lead to permanent partner visas (subclass 801 and 100 respectively).
❓Can I apply for the 309 visa while I’m in Australia? No. You must be outside Australia at the time of lodgement. If you’re in Australia, the 820 visa is usually the appropriate pathway.
❓Which is faster: the 820 vs 309 partner visa? Processing times vary, but in some cases, the 309 visa may be granted faster than the 820 visa. However, this depends on individual circumstances, location of the applicant, application completeness and Department workloads.
❓Can I stay in Australia while my 820 visa is being processed? Yes. When you apply for the 820 visa onshore, you will usually be granted a Bridging Visa A (BVA) that allows you to stay in Australia lawfully while your application is processed.
❓Can I travel while waiting for the 820 or 309 visa? If you applied for the 820 partner visa and your Bridging Visa A is in active, you’ll need to apply for Bridging Visa B (BVB) to travel. 309 visa applicants are offshore, so normal international travel rules apply.
❓Can I apply for the 820 visa while on a visitor visa? Yes, if your visitor visa doesn’t have a ‘no further stay’ condition, you can apply for the 820 partner visa while in Australia. You’ll usually be granted a Bridging Visa A.
❓How does a Bridging visa work for a partner visa in Australia? A Bridging visa for a patner visa situation typically arises when you apply for an onshore partner visa (subclass 820). The Bridging visa lets you remain lawfully in Australia while your partner visa is being processed. Your rights on this visa such as to work or travel depend on your individual circumstances.
❓Where can I find more information about what relationship evidence to provide for a partner visa? For a comprehensive guide on the types of relationship evidence you’ll need including financial, social, household, and commitment aspects. Take a look at our in-depth article: Partner Visa Relationship Evidence – What You Need to Know
❓I can’t decide which pathway is best for me (820 vs 309 partner visa), where can I get additional help? If you’re feeling overwhelmed by the Partner Visa process and can’t decide which pathway (820 vs 309 Partner Visa) is right for you, you’re not alone. There are many moving parts and getting the right guidance is important.
To help, I offer a free 20-minute discovery call where we can:
Discuss your unique situation
Answer any specific questions you have
Explore how I can support you in preparing a strong partner visa application
This is a no-obligation consultation designed to give you clarity and confidence in your next steps. Book your free discovery call here.
Jay Son is the Founder of Flow Migration Law and an Australian Immigration Lawyer with over 8 years of experience helping couples and families navigate the Australian partner visa and all family immigration processes. He works closely with each client to simplify the legal complexities and provide clear and strategic guidance tailored to their unique journey.
Jay is also a strong Migration Advocate and is highly experienced in challenging government decisions in relation to Australian immigration law, solving difficult migration matters and visa problems including the ART appeals, visa refusals, visa cancellations, Schedule 3 submissions, health waivers and character concerns.
