Onshore vs Offshore Partner Visa: Which Should You Apply For?
The choice between the onshore partner visa (820/801) and the offshore partner visa (309/100) comes down to one fundamental question: where are you right now, and where do you want to be while your application is processed? Both cost the same ($9,095), both follow a two-stage temporary-to-permanent pathway, and both require the same type of relationship evidence. But the practical implications of where you wait during the 12-28 month processing period are significant — affecting your work rights, healthcare access, travel ability, and daily life.
Quick Comparison
| Factor | Onshore (820/801) | Offshore (309/100) |
|---|---|---|
| Where you apply | In Australia | Outside Australia |
| Where you wait | In Australia (on bridging visa) | In your home country |
| Cost | AUD $9,095 | AUD $9,095 |
| Work rights during processing | Yes (bridging visa) | No (until 309 granted) |
| Medicare during processing | Yes (bridging visa) | No |
| Travel during processing | With BVB | Free to visit on tourist visa |
| Processing time (temporary) | 15-28 months | 12-22 months |
| Bridging visa | Yes — BVA granted automatically | No |
| Must be outside Australia for grant | No (must be in Australia) | Yes (must be outside for 309) |
The Onshore Pathway: 820/801
How It Works
You apply while you're in Australia. When you submit the application, you're automatically granted a Bridging Visa A (BVA). When your current substantive visa expires, the BVA kicks in and lets you stay in Australia lawfully while your partner visa is processed.
Key Advantages
You stay in Australia: No separation from your partner. You continue living together, which actually strengthens your application because you can continue building joint evidence (shared bills, joint accounts, social activities together).
Work rights from day one: The bridging visa includes full, unrestricted work rights. You can work for any employer in any occupation. No hours limits.
Medicare access: Once your bridging visa is active, you're eligible for Medicare. This means access to public healthcare without needing private health insurance.
Continuity: You don't disrupt your life, your job, your social connections. If you're settled in Australia, the onshore pathway maintains that stability.
Key Disadvantages
Travel is complicated: The Bridging Visa A does not allow re-entry to Australia. If you need to travel overseas, you must apply for a Bridging Visa B (BVB) before you leave. The BVB costs $185 and needs to be approved before departure. If you leave without a BVB, you can't get back in on the bridging visa.
You must be in Australia when the 820 is granted: If you happen to be overseas when the Department makes their decision, you'll have a problem. Some applicants get caught out by travelling overseas at the wrong time.
Current visa timing: You need a valid visa to be in Australia when you lodge the application. If your current visa has expired and you're unlawful, you generally cannot apply for the onshore partner visa. Timing matters.
Ideal For
- Couples already living together in Australia
- Applicants currently on a valid visa in Australia (student, WHV, 482, etc.)
- Applicants who want to continue working in Australia during processing
- Couples where the applicant has no reason to return to their home country
The Offshore Pathway: 309/100
How It Works
You apply from outside Australia. You remain in your home country (or wherever you are outside Australia) while the application is processed. Once the 309 is granted, you travel to Australia with full work and residence rights.
Key Advantages
Potentially faster processing: Offshore applications currently process slightly faster at the median — 12 months compared to 15 months for onshore. This varies over time, but the offshore pathway has consistently been somewhat quicker.
No bridging visa complexity: You don't need to worry about BVB applications, travel restrictions, or being in the right country at the right time for the temporary stage. You're already outside Australia.
Flexibility in your home country: You can continue working, studying, and living your life in your home country while waiting. No work rights restrictions, no visa conditions.
Cleaner immigration record: Some applicants prefer the offshore pathway to avoid any complications with their existing visa conditions in Australia (e.g., if they're on a visa with "no further stay" conditions).
Key Disadvantages
Separation from your partner: This is the big one. Processing times of 12-22 months mean potentially being separated from your Australian partner for over a year. This is emotionally difficult and also makes it harder to continue building joint relationship evidence.
No work rights in Australia: You can't work in Australia until the 309 is granted. If you need to earn Australian income, the offshore pathway doesn't allow it during processing.
No Medicare: No access to Australian healthcare until the 309 is granted and you're in Australia.
Must be outside Australia when 309 is granted: If you're visiting Australia on a tourist visa when the Department decides to grant the 309, you have a problem. You must be outside Australia when the temporary visa is granted.
Ideal For
- Couples in long-distance relationships where the applicant is in their home country
- Applicants who aren't currently in Australia
- Applicants who can't get a visa to be in Australia to lodge onshore
- Couples who prefer a clean separation between the application process and settling in Australia
Detailed Factor Comparison
Cost
Identical. AUD $9,095 for the base application, covering both stages. Additional applicant charges are the same ($4,545 for 18+, $2,275 for under 18). The second instalment for non-English speakers ($3,090) applies to both.
There's no cost advantage either way.
Evidence Requirements
The four evidence categories are identical:
- Financial aspects: Joint finances, shared costs, financial support
- Nature of the household: Cohabitation, shared domestic life
- Social aspects: Recognition by others as a couple
- Commitment: Mutual commitment, future plans
The practical difference is that onshore applicants typically have more cohabitation evidence (shared lease, joint bills, mail at the same address) because they're living together in Australia during the application.
Offshore applicants often have less cohabitation evidence but may have extensive communication evidence (messaging records, call logs, travel records documenting visits). The Department understands that international couples have different evidence profiles.
Bridging Visa Details (Onshore Only)
When you lodge the onshore application, you get a Bridging Visa A with these conditions:
| Condition | Detail |
|---|---|
| Work rights | Full, unrestricted |
| Study rights | Yes |
| Medicare | Yes |
| Travel | No (need BVB to leave and return) |
| Valid until | 820 is granted or refused |
Bridging Visa B (for travel):
- Cost: $185
- Apply through ImmiAccount before travelling
- Specifies re-entry date — you must return before this date
- Not guaranteed — apply well in advance
Processing Times in Detail
| Percentile | Onshore (820) | Offshore (309) |
|---|---|---|
| 25th | 8 months | 7 months |
| 50th | 15 months | 12 months |
| 75th | 22 months | 18 months |
| 90th | 28 months | 22 months |
The offshore pathway is approximately 3-6 months faster across all percentiles. This gap fluctuates and can narrow or widen depending on application volumes and Department resources.
Travel Implications
Onshore: Travelling overseas during processing requires a BVB. Without it, you can't return to Australia on the bridging visa. If you travel frequently for work or family, this adds cost ($185 per BVB) and administrative burden.
Offshore: No restrictions on your movement outside Australia. You can visit Australia on a tourist visa while your 309 is processing, but you must leave before the 309 is granted. Planning around this can be stressful if you don't know when the decision will come.
Permanent Stage (801 vs 100)
Both the 801 (onshore permanent) and 100 (offshore permanent) are assessed approximately two years after the original application date. The process is the same:
- Department contacts you for updated evidence
- You provide fresh relationship evidence and updated police checks
- Assessment is made
- If relationship is still genuine and continuing, permanent visa is granted
For the 801, you must be in Australia when it's granted. For the 100, you can be anywhere (in or outside Australia).
Scenario-Based Recommendations
Scenario 1: You're in Australia on a student visa, dating an Australian
Recommendation: Onshore (820/801) — if you've been in a de facto relationship for 12+ months. You maintain your life in Australia, get work rights on the bridging visa, and continue building relationship evidence together.
Scenario 2: You met your Australian partner overseas and want to move to Australia
Recommendation: Offshore (309/100) — if you're not currently in Australia. Apply from your home country and wait for the 309. Your partner can visit you during processing.
Scenario 3: You're in Australia on a Working Holiday visa with an Australian partner
Recommendation: Onshore (820/801) — if your relationship meets the 12-month de facto threshold. Lodge before your WHV expires to get the bridging visa. If you haven't been together 12 months, consider registering your relationship with a state registry, which can satisfy the requirement in some cases.
Scenario 4: Long-distance relationship, you visit Australia regularly
Recommendation: This is the tricky one. If you can arrange a visa to be in Australia and meet the de facto requirements, onshore may be better for the stability it provides. If cohabitation evidence is limited, offshore may be more appropriate because the Department expects a different evidence profile from offshore applicants.
Scenario 5: Your current visa has a "no further stay" condition
Recommendation: Offshore (309/100). If your visa has condition 8503 (no further stay), you generally cannot apply for another visa while in Australia. You'd need to leave and apply from outside.
Frequently Asked Questions
Can I switch from offshore to onshore (or vice versa)?
You can't convert one application into the other. If you've lodged a 309/100 and then decide you want to be in Australia, you could withdraw the offshore application and lodge a new onshore application — but you'd pay the fee again and start processing from scratch. This is expensive and rarely advisable.
What if my partner and I break up during processing?
The visa will generally be refused if the relationship ends, regardless of whether it's onshore or offshore. The exception is family violence: if you separated due to violence by your sponsor, you may still be eligible.
Can I visit my partner in Australia while my offshore visa is processing?
Yes, on a tourist visa (appropriate to your nationality). But you must be outside Australia when the 309 is granted. If you think a decision is imminent, ensure you're outside Australia.
What happens to my bridging visa if I get a tourist visa to visit Australia?
If you're the onshore applicant, you don't need a tourist visa — you have a bridging visa. If you're the offshore applicant visiting Australia, your tourist visa is separate from your partner visa application.
Is it harder to prove a genuine relationship from offshore?
Not harder, but different. Offshore applicants typically provide more communication evidence, travel records, and evidence of visits. The Department understands that couples in different countries have different documentation profiles. What matters is demonstrating a genuine, committed relationship regardless of distance.
Can my partner move to my country while we wait for the offshore visa?
Yes. Your Australian partner is free to travel or live overseas. However, they remain your sponsor, and the Department may consider the fact that your sponsor is not in Australia when assessing the application. It's not disqualifying, but it's a factor.
