📋 In This Guide
- Onshore vs offshore partner visa — the core difference
- The location rule — the only factor that determines which pathway applies
- Side-by-side comparison — every key dimension
- Onshore 820/801 — advantages and disadvantages
- Offshore 309/100 — advantages and disadvantages
- The bridging visa — what onshore applicants must know
- Can you switch between onshore and offshore pathways?
- Which pathway is right for you? Scenario guide
- Fees and processing times compared
- Relationship evidence — same requirements for both pathways
- Common mistakes when choosing between onshore and offshore
- Frequently asked questions
Onshore vs Offshore Partner Visa — The Core Difference
Australia offers two partner visa pathways that lead to the same permanent residence outcome — the onshore pathway (Subclass 820 temporary → Subclass 801 permanent) for applicants who are physically in Australia when they apply, and the offshore pathway (Subclass 309 temporary → Subclass 100 permanent) for applicants who are outside Australia when they apply. The fundamental difference is not which is better but which one you are eligible for based on where you are when you lodge.
Three things cause applicants the most trouble. The location rule is absolute — applying for the wrong pathway wastes the full AUD $9,095 application fee with no refund. Work rights differ significantly — the onshore 820/801 pathway provides a bridging visa with full work rights from the day of lodgement; the offshore 309/100 pathway provides no Australian work rights until the 309 is granted and the applicant physically travels to activate it. And the bridging visa travel restriction catches onshore applicants by surprise — leaving Australia after lodging an 820 without first obtaining a Bridging Visa B can extinguish your lawful status.
- Onshore (Subclass 820/801): For applicants physically in Australia when they apply; Bridging Visa A grants immediate work rights from day of lodgement; both 820 and 801 applied for in a single application
- Offshore (Subclass 309/100): For applicants physically outside Australia when they apply; no work rights in Australia until 309 is granted and activated by travelling to Australia; both 309 and 100 applied for in a single application
- Fee: AUD $9,095 for both pathways — identical
- Processing time: 17 months (75%) for both pathways — identical
- Both lead to the same permanent residence outcome
This guide covers a complete side-by-side comparison of the 820/801 and 309/100 pathways, eligibility, work rights, bridging visa rules, processing times, fees, the key decision factors, and a scenario-based selector. All eligibility requirements, processing times, and fees are verified from immi.homeaffairs.gov.au — last reviewed April 2026.
The Location Rule — The Only Factor That Determines Which Pathway Applies
Your physical location on the day you lodge the application is the single determining factor — nothing else. Location means physically present within or absent from Australian borders at the exact moment of lodgement, not the applicant's country of residence, visa status, or relationship type.
| Mistake | Consequence |
|---|---|
| Applicant in Australia applies for offshore 309/100 | Application is invalid — the 309 cannot be granted to someone in Australia; the AUD $9,095 fee is not refunded |
| Applicant outside Australia applies for onshore 820/801 | Application is refused — the 820 requires the applicant to be in Australia at lodgement; the fee is not refunded |
| Applicant moves between countries during processing | Does not affect outcome — the pathway is determined at lodgement; subsequent travel does not change which pathway applies |
Side-by-Side Comparison — Every Key Dimension
| Feature | Onshore — Subclass 820/801 | Offshore — Subclass 309/100 |
|---|---|---|
| Who can apply | Applicant physically in Australia at time of lodgement | Applicant physically outside Australia at time of lodgement |
| Visa structure | Single application covers both 820 (temporary) and 801 (permanent) | Single application covers both 309 (temporary) and 100 (permanent) |
| Temporary visa granted | Subclass 820 | Subclass 309 |
| Permanent visa granted | Subclass 801 — after 2-year wait from lodgement date | Subclass 100 — after 2-year wait from lodgement date |
| Work rights during processing | Yes — Bridging Visa A grants full work rights from the moment the 820 application is submitted | No — no work rights in Australia until 309 is granted and activated by travelling to Australia |
| Right to remain in Australia during processing | Yes — Bridging Visa A allows lawful stay even if existing visa expires | No — applicant must remain outside Australia until 309 is granted |
| Travel during processing | Risky — leaving Australia while 820 is pending requires a Bridging Visa B first; departing without BVB can extinguish the BVA | Free — offshore applicant can travel anywhere; being outside Australia does not affect the 309 application |
| Where PR is confirmed | In Australia — 801 assessed while applicant is in Australia | Must travel to Australia to activate the 309 and eventually the 100 |
| Application fee | AUD $9,095 — non-refundable | AUD $9,095 — non-refundable |
| Processing time — 75% | 17 months | 17 months |
| Processing time — 90% | 27 months | 27 months |
| 2-year wait for permanent stage | Calculated from lodgement date | Calculated from lodgement date |
| Priority processing | Not available | Not available |
| Relationship evidence | Same four categories — financial, household, social, commitment | Identical requirements |
Onshore 820/801 — Advantages and Disadvantages
Advantages
- Immediate work rights — a Bridging Visa A is automatically granted when the 820 application is submitted; the applicant can work full-time for any employer from the moment of lodgement without waiting for the 820 to be formally granted
- Right to remain in Australia — the BVA allows the applicant to stay in Australia lawfully even if their current visa expires during processing; there is no risk of being forced to leave while the application is being assessed
- Both partners together throughout processing — for couples where being together matters more than travel flexibility, the onshore pathway is clearly preferable
- No need to travel to activate — the visa is granted while the applicant is already in Australia; no activation trip is required
Disadvantages
- Travel restriction — the BVA does not allow re-entry to Australia after departure; every international trip while the 820 is pending requires a Bridging Visa B applied for and granted before departure; a BVB is not guaranteed
- BVB complexity — the BVB restriction catches many applicants by surprise; always apply for a BVB well before any planned international travel; departing without a BVB may extinguish the BVA and potentially abandon the application
Offshore 309/100 — Advantages and Disadvantages
Advantages
- Complete travel freedom — the applicant outside Australia can travel to any country freely during processing; being away from Australia does not affect the application in any way
- No bridging visa complexity — there are no BVB requirements, travel restrictions, or re-entry complications to manage; the application proceeds while the applicant lives their normal life outside Australia
- Flexibility of location — the applicant can live in their home country, travel for work or family, or be anywhere in the world during processing; they are not tied to remaining in Australia
Disadvantages
- No work rights in Australia during processing — the applicant cannot work in Australia until the 309 is granted and they travel to Australia to activate it; this can mean many months without Australian work rights even if both partners are based there
- Potential separation — the applicant may need to remain outside Australia for many months during processing if they do not hold another valid Australian visa; this is a significant personal cost for couples who want to be together
- Must travel to activate — unlike the onshore pathway, the offshore applicant must physically travel to Australia before the 309 expires to activate it; the activation window is typically 12 months from grant
The Bridging Visa — What Onshore Applicants Must Know
When an onshore 820 application is submitted, the applicant is automatically granted a Bridging Visa A — this is not a separate application. The BVA allows the applicant to remain in Australia lawfully with full work rights, even if their current substantive visa expires before the 820 is granted. The BVA is valid until a decision is made on the 820 application.
Bridging Visa B — if you need to travel internationally
| Bridging visa scenario | What to do |
|---|---|
| Need to travel internationally while 820 is pending | Apply for a BVB before departing — allow at least 2 weeks for processing; the BVB must be granted before you leave |
| Emergency travel needed immediately | Contact a registered migration agent urgently — same-day BVB applications are possible in genuine emergencies but are not guaranteed |
| Departed Australia without a BVB | Seek urgent legal advice — re-entry without a valid bridging visa is very complex and may require a new visa application |
Can You Switch Between Onshore and Offshore Pathways?
You cannot convert a Subclass 309 application into a Subclass 820 application, or vice versa — they are entirely separate applications governed by different rules. Switching pathways means submitting a new application and paying the AUD $9,095 fee again.
The most common switching scenario: an applicant who lodged a 309 offshore later obtains a separate Australian work or student visa, travels to Australia, and wants to also lodge an 820 onshore to access BVA work rights and remain in Australia. This is possible — both a 309 and an 820 can be active simultaneously, and whichever produces a grant first takes effect. However, paying two sets of AUD $9,095 is a significant cost. Seek migration agent advice before pursuing this option.
Which Pathway Is Right for You? Scenario Guide
- You are currently in Australia on a valid visa and want to stay with your Australian partner → Onshore 820/801 — the BVA gives immediate work rights and allows you to remain in Australia throughout processing
- You are outside Australia and your partner is in Australia → Offshore 309/100 — you are outside Australia at lodgement; you can visit Australia on a visitor visa while waiting but cannot work until the 309 is granted
- Your current Australian visa is expiring soon and you are in Australia → Onshore 820/801 immediately — submit before your current visa expires to ensure the BVA is in place before your substantive visa lapses; if your visa expires before you lodge, you fall out of lawful status
- You travel frequently for work and need maximum flexibility → Offshore 309/100 — the offshore pathway allows unrestricted travel during processing; the onshore BVA creates travel complications with BVB requirements
- You and your partner want to live together in Australia as soon as possible → Onshore 820/801 if you are in Australia — immediate work rights and lawful residence from day one
- You are outside Australia and your relationship is de facto (not married) → Offshore 309/100 — same pathway as married couples; de facto relationships of 12+ months qualify
- Your current visa is a student or work visa and you are in Australia → Onshore 820/801 — you can submit the 820 while on your current visa; the BVA bridges any gap between your current visa expiry and the 820 grant
Quick decision guide
| Your situation | Recommended pathway |
|---|---|
| In Australia at lodgement | Onshore 820/801 |
| Outside Australia at lodgement | Offshore 309/100 |
| Need to work in Australia immediately | Onshore 820/801 — BVA work rights from day 1 |
| Need full travel flexibility during processing | Offshore 309/100 |
| Current Australian visa expiring soon | Onshore 820/801 — lodge before expiry |
| Both partners want to be together in Australia | Onshore 820/801 if applicant is in Australia |
Fees and Processing Times Compared
| Fee item | Onshore 820/801 | Offshore 309/100 |
|---|---|---|
| Primary applicant | AUD $9,095 | AUD $9,095 |
| Secondary applicant (adult 18+) | AUD $4,550 | AUD $4,550 |
| Dependent child (under 18) | AUD $2,275 | AUD $2,275 |
| Priority processing | Not available | Not available |
| Processing stage | Onshore 820/801 | Offshore 309/100 |
|---|---|---|
| Temporary stage — 75% of applications | 17 months | 17 months |
| Temporary stage — 90% of applications | 27 months | 27 months |
| Permanent stage (after 2-year wait from lodgement) | Several months additional assessment | Several months additional assessment |
Source: immi.homeaffairs.gov.au, April 2026. Both pathways cost exactly the same and take the same time to process. There is no fee advantage or processing speed advantage to either pathway — the decision is entirely based on your physical location and practical circumstances at the time of lodgement.
Relationship Evidence — Same Requirements for Both Pathways
Both the onshore 820/801 and the offshore 309/100 require the same relationship evidence assessed across the same four categories: financial aspects, nature of the household, social aspects, and commitment. The quality and comprehensiveness of relationship evidence is the single most important factor in any partner visa application — regardless of which pathway is used.
At the permanent stage (801 or 100), both pathways require updated evidence showing the relationship has been genuine and continuing throughout the 2-year wait from lodgement. The four-category evidence framework applies equally at both the temporary and permanent stages.
For the complete relationship evidence guide including specific documents, sample letters, and how to build a strong evidence bundle for all four categories — see our dedicated Australia Partner Visa (Subclass 820/801) Complete Guide. All evidence requirements described there apply equally to the offshore 309/100 pathway.
Common Mistakes When Choosing Between Onshore and Offshore
| Mistake | How to avoid it |
|---|---|
| Applying for 309 (offshore) while physically in Australia | You must be outside Australia to lodge a 309 application. If you are in Australia, you must use the 820 onshore pathway. Applying for the wrong pathway wastes AUD $9,095 with no refund. |
| Applying for 820 (onshore) while physically outside Australia | You must be in Australia to lodge an 820 application. If you are outside Australia, you must use the 309 offshore pathway. The 820 requires physical presence in Australia at the moment of lodgement. |
| Leaving Australia after lodging an 820 without a BVB | Always apply for a BVB before any international travel while an 820 is pending. Leaving without a BVB can extinguish your BVA and your lawful status in Australia. Apply at least 2 weeks before planned departure. |
| Assuming the offshore pathway is faster | Both pathways have identical processing times — 17 months for 75% of applications at the temporary stage. There is no speed advantage to either pathway. |
| Not lodging the 820 before the current visa expires | If your current visa expires before you lodge the 820, you are in Australia without lawful status — the BVA protection only applies if you lodge while still holding a valid substantive visa. Lodge the 820 well before your current visa expires. |
| Assuming the 2-year wait starts from the temporary visa grant date | The 2-year waiting period for the permanent stage (801 or 100) is calculated from the lodgement date — not from the date the temporary visa was granted. Note your exact lodgement date and calculate accordingly. |
Frequently Asked Questions
Yes — if you are physically in Australia when you lodge the application, you apply for the onshore Subclass 820/801. You will be granted a Bridging Visa A immediately, giving you full work rights and the right to remain in Australia lawfully throughout processing. Source: immi.homeaffairs.gov.au.
If you applied onshore (820/801), yes — the Bridging Visa A grants full work rights from the day of lodgement. If you applied offshore (309/100), no — you cannot work in Australia until the Subclass 309 temporary visa is granted and you physically travel to Australia to activate it. Source: immi.homeaffairs.gov.au.
If you submitted your 820 application before your current visa expired, the Bridging Visa A automatically extends your right to remain in Australia and work — even after your substantive visa expires. The BVA is valid until a decision is made on your 820 application. If your visa expires before you submit the 820, you are in Australia without lawful status and the BVA protection does not apply — always lodge before expiry.
Both the onshore 820/801 and the offshore 309/100 have identical processing times — 75% of temporary stage applications are decided within 17 months and 90% within 27 months. There is no speed advantage to either pathway. After the temporary stage is granted, the permanent stage (801 or 100) is assessed after a 2-year waiting period from the lodgement date, with several additional months of processing. Source: immi.homeaffairs.gov.au.
Yes — you can visit Australia on a visitor visa (Subclass 600) or another eligible visa while your 309 is being processed; your offshore application is not affected by visits to Australia. However, you cannot work in Australia during visits on a visitor visa, and you must depart before your visitor visa expires. Your 309 application continues to be assessed offshore regardless of how much time you spend visiting Australia while waiting.
Yes — it is technically possible when an applicant lodged a 309 offshore, later comes to Australia on a different visa, and also lodges an 820 onshore to access BVA work rights. Both AUD $9,095 fees must be paid and both applications proceed independently — whichever produces a grant first takes effect. The cost and complexity are significant; seek advice from a MARA-registered migration agent before pursuing this option.
No — the onshore/offshore distinction is based entirely on your physical location at lodgement. Your relationship type (married, de facto of 12+ months, or civil union) does not determine which pathway applies. Both married and de facto applicants can use either pathway depending only on where they are when they lodge. The same relationship evidence requirements apply to both relationship types on both pathways.
Conclusion and Next Steps
Three things to carry forward. The single factor that determines onshore vs offshore is where you physically are when you lodge — in Australia means 820/801, outside Australia means 309/100; there is no element of preference or strategic choice. The onshore pathway gives immediate work rights via BVA but creates travel complications requiring a BVB before every international trip. And both pathways cost exactly the same (AUD $9,095) and take the same time to process — there is no fee or speed advantage to either.
For most couples where the applicant is already in Australia on a valid visa, the onshore 820/801 is the natural choice — the immediate work rights and right to remain together in Australia are decisive advantages. For applicants outside Australia, the offshore 309/100 is the only eligible option.
All processing times and fees are verified from immi.homeaffairs.gov.au — April 2026. Always verify current fees and processing times before applying.
🏛 Official Sources Used in This Guide
immi.homeaffairs.gov.au — Onshore Partner Visa (Subclass 820/801) immi.homeaffairs.gov.au — Offshore Partner Visa (Subclass 309/100) immi.homeaffairs.gov.au — Bridging Visa A immi.homeaffairs.gov.au — Bridging Visa B immi.homeaffairs.gov.au — Partner Visa Fees immi.homeaffairs.gov.au — Visa Processing Times immi.homeaffairs.gov.au — Partner Visa Relationship Evidence mara.gov.au — MARA-Registered Migration Agent Register📖 Related Guides on VisaPathGuide.com
- Australia Partner Visa (Subclass 820/801) — Complete Guide 2026
- How to Get Australian Permanent Residency — All Pathways 2026
- Australia Health Insurance for Visa Holders — What You Must Get 2026
- Immigration Documents Checklist — Master List Every Applicant Needs 2026
- How to Choose an Immigration Lawyer — What to Look for and Avoid 2026
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