What is the Difference Between Onshore and Offshore Partner Visas?

Onshore vs offshore partner visa Australia: compare Partner visas 820/801 and 309/100, including location, temporary stages, permanent pathways and key differences.

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Onshore vs Offshore Partner Visa Australia

If you are planning to join your spouse or de facto partner in Australia, you may be deciding between an onshore partner visa Australia pathway and an offshore partner visa Australia pathway. The main difference is where you must be when you apply. The Partner visa (subclasses 820 and 801) is the onshore pathway, while the Partner visa (subclasses 309 and 100) is the offshore pathway.

For the onshore pathway, you must be in Australia when you apply for the temporary Partner visa subclass 820. The subclass 820 is the first stage, followed by assessment for the permanent Partner visa subclass 801. For the offshore pathway, you must be outside Australia when you apply for the Partner visa subclass 309. The subclass 309 is the provisional stage and leads to the permanent Partner visa subclass 100.

Both pathways are designed for the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The best option depends on your location, current visa circumstances, relationship circumstances and whether you can lawfully apply for the relevant visa from Australia or need to apply from outside Australia.

Partner Visa 820 vs 309: Key Differences

The simplest way to understand subclass 820 vs 309 is to look at where the applicant must be at the time of application and the temporary-to-permanent visa sequence that follows.

Feature	Onshore 820 & 801	Offshore 309 & 100
Initial visa	Subclass 820 Partner (Temporary)	Subclass 309 Partner (Provisional)
Permanent stage	Subclass 801 Partner (Permanent)	Subclass 100 Partner (Migrant)
Where you apply	In Australia	Outside Australia
Temporary stage	820	309
Permanent stage	801	100

The Department of Home Affairs confirms that the subclass 820 must be applied for while the applicant is in Australia, while the subclass 309 must be applied for while the applicant is outside Australia. You can review the official Partner visa information before deciding which pathway may apply to you.

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Onshore Partner Visa 820 801

The onshore partner visa 820 801 pathway is generally relevant when the applicant is already in Australia and is eligible to lodge the Partner visa application while in the country. Subclass 820 is the temporary stage, while subclass 801 is the permanent stage. The Department of Home Affairs states that you must be in Australia when applying for subclass 820.

An important consideration is the applicant's existing visa and its conditions. Being physically present in Australia does not automatically mean you can apply for a Partner visa. You should check your current visa conditions and immigration circumstances before lodging an application.

Offshore Partner Visa 309 100

The offshore partner visa 309 100 pathway is designed for applicants who are outside Australia when they apply. Subclass 309 is the provisional stage and is the first step toward subclass 100, the permanent Partner visa. The Department of Home Affairs confirms that the applicant must be outside Australia when applying for subclass 309.

The location of the applicant at the time of application is therefore one of the clearest distinctions between the two pathways. The processing location itself is different from the application-location requirement: the Department can process Partner visa applications at offices inside or outside Australia, and the processing office is not determined simply by the applicant's nationality or location.

Which Partner Visa Should I Apply for Australia?

The answer to “which partner visa should I apply for Australia?” depends primarily on where you are and whether you meet the requirements for the relevant pathway. If you are in Australia and can validly apply for an onshore Partner visa, subclass 820 may be the appropriate starting point. If you are outside Australia, subclass 309 may be the relevant starting point.

You should also consider your current visa, any visa conditions, your relationship evidence and your plans for travelling to or remaining in Australia. Partner visa applications require evidence about the relationship, including relevant financial, household, social and commitment aspects. Applications are lodged online through ImmiAccount.

Need Help Choosing the Right Partner Visa?

Australian Immigration Consultants can help you understand the onshore and offshore Partner visa pathways based on your circumstances.

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Frequently Asked Questions

1. What is the difference between the 820 and 309 Partner visas?

Subclass 820 is the temporary Partner visa for applicants who apply while in Australia. Subclass 309 is the provisional Partner visa for applicants who apply while outside Australia. The 820 leads to subclass 801, while the 309 leads to subclass 100.

2. Can I apply for a Partner visa while I am in Australia?

You may be able to apply for subclass 820 while in Australia if you meet the visa requirements and are permitted to make an onshore application. Your current visa conditions and circumstances should be checked before applying.

3. Can I apply for subclass 309 while I am in Australia?

No. The Department of Home Affairs states that you must be outside Australia when you apply for the subclass 309 Partner visa.

4. Does subclass 820 lead to permanent residency?

Subclass 820 is the temporary stage of the onshore Partner visa pathway. It is followed by assessment for the permanent Partner visa subclass 801, provided the applicant continues to meet the relevant requirements.

5. Does subclass 309 lead to permanent residency?

Subclass 309 is the provisional stage of the offshore Partner visa pathway and is followed by the permanent Partner visa subclass 100, subject to the applicable requirements.