Partner Visa: Onshore (820/801) vs Offshore (309/100) Comparison

Partner Visa: Onshore (820/801) vs Offshore (309/100) — Which to Choose

The partner visa comes in two forms depending on where you are when you apply. The onshore partner visa (Subclass 820/801) is lodged while you're in Australia and provides an immediate bridging visa with work rights. The offshore partner visa (Subclass 309/100) is lodged from outside Australia — you wait overseas until it's granted. Both cost $9,095, follow the same two-stage process, and lead to permanent residence. The main difference is where you wait during processing and the immediate rights you receive.

Quick Facts

Onshore Partner Visa (820/801)

How It Works

You must be physically in Australia when you lodge the application. Upon lodgement, a Bridging Visa A (BVA) is automatically associated with your record. When your current visa expires, the BVA activates, giving you lawful status with work and study rights.

After assessment, the Department grants the Subclass 820 (temporary partner visa). Two years after your application date, the Subclass 801 (permanent partner visa) is assessed and granted if your relationship is still genuine.

Advantages

• Immediate lawful status. The BVA keeps you in Australia legally while you wait.
• Work rights. Full work rights on the bridging visa — no hour restrictions.
• Stay with your partner. You don't have to be separated during processing.
• Study rights. Full access to education.
• Medicare. BVA holders may be eligible for Medicare in some circumstances.

Disadvantages

• Travel restrictions. BVA doesn't allow re-entry if you leave Australia. You need a Bridging Visa B (BVB) for any international travel, and it must be approved before you leave.
• Must be in Australia to apply. If you're overseas, you can't lodge an onshore application.
• BVA conditions. If your current visa had restrictive conditions, these may carry over to the BVA.

Offshore Partner Visa (309/100)

How It Works

You apply from outside Australia. The Department processes the application while you're overseas. Once the Subclass 309 is granted, you can travel to Australia. Two years later, the Subclass 100 (permanent) is assessed and granted.

Advantages

• Travel freedom. While waiting overseas, you can travel anywhere without needing special permission.
• No bridging visa complications. You don't need to manage BVA/BVB transitions.
• Can visit Australia on tourist visa during processing. You can visit your partner on a separate visitor visa while the 309 is processing (though work rights won't be available on the tourist visa).

Disadvantages

• Separation from partner. You're overseas while your application is processed — potentially for 12-24 months.
• No work rights in Australia until the 309 is granted.
• Longer processing. Offshore applications generally take longer than onshore.
• Cost of living overseas. Maintaining two households is expensive.

Decision Factors

Choose Onshore If:

• You're already in Australia on a valid visa
• You want to stay with your partner during processing
• You need to work in Australia
• Your current visa doesn't have Condition 8503 (no further stay)
• You can manage the BVB process for international travel

Choose Offshore If:

• You're outside Australia and don't want to use another visa (tourist, WHV) to enter first
• You need the freedom to travel internationally without restrictions
• You prefer to wait in your home country where living costs may be lower
• You don't need immediate work rights in Australia

Can You Switch?

Onshore to offshore: Not easily. Once you've lodged onshore, you can't convert to an offshore application.

Offshore to onshore: If you come to Australia on another visa while your offshore application is pending, you can withdraw the 309 application and lodge an 820 onshore. However, you lose the offshore application fee and start the process again.

The Bridging Visa Factor

The bridging visa is the biggest practical difference between onshore and offshore.

Bridging Visa A (BVA)

Granted automatically with the onshore application. It:

• Activates when your current visa expires
• Provides work and study rights
• Does NOT allow re-entry if you leave Australia
• Remains valid until a decision is made on your partner visa

Bridging Visa B (BVB)

If you need to travel while on a BVA, you must apply for a BVB before leaving Australia. The BVB:

• Costs $165
• Must be applied for while you're in Australia
• Is granted for a specific travel period
• Allows you to re-enter Australia and resume the BVA

Failing to get a BVB before leaving Australia means your BVA ceases, and your partner visa application may be affected.

Cost Comparison

Both pathways cost the same in visa fees ($9,095), but the real costs differ.

For many couples, the onshore pathway is more cost-effective because the applicant can work in Australia during processing, contributing to household income.

Frequently Asked Questions

Can I work while waiting for the offshore 309?

Not in Australia. You can work in your home country or wherever you're living. Work rights in Australia only begin after the 309 is granted.

What if my tourist visa expires before I can lodge the onshore application?

You need a valid visa to be in Australia when you lodge the 820. If your tourist visa expires, you become unlawful and cannot lodge. Plan your timeline carefully.

Can I switch between onshore and offshore during processing?

Not directly. You'd need to withdraw one application and lodge a new one (losing the fee paid and restarting the timeline).

Is one pathway faster than the other?

Onshore applications are generally processed slightly faster (8-18 months vs 12-24 months for the temporary stage), but individual circumstances vary.

Do I need to be with my partner when I lodge the onshore application?

You need to be in Australia, but you don't need to be physically with your partner at the moment of lodgement (it's done online through ImmiAccount).