Neither option is better for everyone, and in most cases you do not get a free choice. The Department of Home Affairs decides by where you are when you lodge. If you are in Australia, you apply for the onshore Partner visa (subclass 820/801). If you are outside Australia, you apply for the offshore Partner visa (subclass 309/100). If you are in Australia on a valid visa, applying onshore is often easier because you can stay with your partner while Home Affairs checks your application. If you are overseas, offshore is your only route. The rest of this blog explains the differences in plain words, so you can plan your next step.
In This Guide
- Onshore and offshore partner visas: the basics
- Do you really get to choose?
- Applying onshore (subclass 820/801)
- Applying offshore (subclass 309/100)
- What stays the same for both
- Onshore vs offshore at a glance
- Common mistakes to avoid
- Quick questions and answers
- Conclusion: talk to a migration agent
Onshore and offshore partner visas: the basics
Australia has two partner visa pathways for the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Both pathways have two stages. First you get a temporary visa. Later you can get a permanent visa.
- Onshore: Partner visa (Temporary) subclass 820, then Partner visa (Permanent) subclass 801.
- Offshore: Partner (Provisional) visa subclass 309, then Partner (Migrant) visa subclass 100.
You lodge one combined application for both stages and pay one visa application charge. Home Affairs currently lists the Partner visa 820 and 309 pages with the same rule on location: you must be in Australia to apply for the 820, and outside Australia to apply for the 309.
Do you really get to choose?
Usually, no. Your location on the day you lodge decides the visa.
- If you are overseas, you cannot lodge the onshore application. You must use the offshore one.
- If you are in Australia, you cannot lodge the offshore application. You need to meet the onshore rules.
A real choice only appears when you are in Australia and could leave, or when you are overseas and could travel to Australia first. That is where careful planning matters. A wrong move, like applying from the wrong place, can make the application invalid. You also cannot simply swap one application for the other later. They are separate applications with their own rules and charges.
Applying onshore (subclass 820/801)
Good things about onshore
- You stay together. You do not have to leave Australia while you wait for a decision.
- You can usually stay lawfully. If you hold a substantive visa when you lodge, you will generally be given a bridging visa so you can remain in Australia while the application is processed.
- Life carries on. Many people keep working and studying, but this depends on the conditions of the bridging visa you receive. Always read your grant notice.
Things to watch out for
- You must be in Australia when you apply, and your current visa status matters a lot. If your visa has ended, extra rules (called Schedule 3) may apply.
- Some visas carry a condition, such as 8503 “No Further Stay”, that can block you from applying for another visa in Australia. This is a common trap for visitor visa holders.
- If you leave Australia while waiting, you may need a Bridging Visa B first. Travelling without one can end your bridging visa.
- Your current visa might expire before the application is decided, so you need a clear plan for your visa timeline.
Applying offshore (subclass 309/100)
Good things about offshore
- Simple on visa status. You do not need to hold a visa in Australia, so you avoid the onshore status problems above.
- Good for couples who live apart. If you are living in your home country, this is the natural route.
- Move once you are ready. Once the 309 is granted, you can travel to Australia and live there while the permanent stage is assessed.
Things to watch out for
- You and any family members on the application must be outside Australia when you lodge.
- You may spend the waiting period apart from your partner, which can be hard on a relationship.
- Visiting Australia on a short visa while you wait is possible, but you must stay within your visa conditions. Get advice before you book a trip.
What stays the same for both
A lot of people worry that one pathway is “easier” to get approved. In reality, the main tests are the same.
- A genuine relationship. You must be married or in a de facto relationship, and be able to show it is real and ongoing. Home Affairs looks at your finances, your home life, your social life and your commitment to each other.
- A suitable sponsor. Your partner must be an Australian citizen, permanent resident or eligible New Zealand citizen, and must meet the sponsor rules.
- Health and character checks. These apply to you and to any family members in the application.
- One combined charge. The charge covers both stages. It is currently about A$11,710 for the main applicant, but always confirm the latest amount on the Home Affairs website.
- The permanent stage. Home Affairs usually assesses the permanent visa about two years after you lodged the application.
- Where it is processed. Home Affairs uses a global processing model. Applications can be processed at any of its offices, and the office is not decided by your nationality or location. Applying offshore does not automatically mean a longer or shorter wait.
Onshore vs offshore at a glance
| Topic | Onshore (820/801) | Offshore (309/100) |
|---|---|---|
| Where you apply from | Inside Australia | Outside Australia |
| Temporary visa | Subclass 820 | Subclass 309 |
| Permanent visa | Subclass 801 | Subclass 100 |
| Stay with your partner while you wait | Usually yes, on a bridging visa | Not until the 309 is granted |
| Your current visa matters | Yes, a lot | Not for lodging |
| Travel while waiting | Needs a Bridging Visa B | You are already overseas |
| Relationship and sponsor tests | Same | Same |
| Application charge | Same combined charge | Same combined charge |
Common mistakes to avoid
- Lodging from the wrong place. An application made from the wrong location can be invalid, and you may lose time and the charge.
- Letting a visa expire. If you apply onshore, track your visa end date and your bridging visa conditions.
- Leaving Australia too early. Travelling on a bridging visa without a Bridging Visa B can cause problems.
- Weak relationship evidence. Photos alone are not enough. Add joint bills, bank statements, a lease, travel records and statements from friends and family.
- Guessing instead of checking. Rules, charges and processing times change. Check the Department of Home Affairs website or ask a professional.
Quick questions and answers
Can I apply onshore if I am on a visitor visa?
Sometimes. It depends on your visa conditions and your situation. If your visa has a “No Further Stay” condition, you need advice before you do anything.
Is offshore faster than onshore?
Not by rule. Home Affairs says the processing office is not decided by your location. Check the current times on the Home Affairs processing times page.
Can I switch from offshore to onshore later?
Generally no. They are two separate applications with their own rules and charges, so plan before you lodge.
Do I get permanent residency straight away?
No. You get the temporary visa first. The permanent stage is assessed later, usually about two years after you lodged.
Conclusion: Talk to a migration agent
The answer to “onshore or offshore?” is simple on paper: it depends on where you are when you apply. In real life, it is rarely that simple. Your current visa, your travel plans, your relationship history and your timeline all change what is safe to do. One wrong step can cost you months and a large application charge.
That is why many couples speak to a migration agent before they lodge. A good migration agent will check your visa status, tell you which pathway fits, help you build strong relationship evidence and make sure nothing is missed. If you are not sure which side of this question you are on, a short chat with a migration agent can save you a lot of stress later.
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Book your free consultation with APGSources: Australian Department of Home Affairs, “About partner visas” (immi.homeaffairs.gov.au). This blog gives general information only and is not legal or migration advice. Visa rules, charges and processing times can change, so check the Home Affairs website or speak to a registered professional before you apply.