Australia Partner Visa 820 vs 309: Onshore vs Offshore Comparison (2026)
AUD 9,365 fee, 8-16 month processing, and which pathway fits your situation. Onshore and offshore compared for 2026.
So you've found love with an Australian citizen or permanent resident, and now you're staring at a wall of visa subclass numbers wondering which one actually applies to you. Subclass 820? 309? 801? 100? 300? It feels like the government designed this system to confuse you on purpose. Let's cut through the noise and figure out exactly which partner visa path makes sense for your situation.
💡 TL;DR: The Quick Version
- If you're in Australia, apply for the onshore partner visa (subclass 820, which later becomes 801)
- If you're outside Australia, apply for the offshore partner visa (subclass 309, which later becomes 100)
- Both cost around AUD 9,365 for the main applicant and follow a two-stage process (temporary first, then permanent after roughly 2 years)
- Both give you full work rights once granted
- The biggest difference is where you physically are when you hit "submit"
How Does the Australian Partner Visa Actually Work?
Before we get into the 820 vs 309 debate, you need to understand one thing: Australia's partner visa is a two-stage deal. You don't just apply once and get permanent residency. It doesn't work like that.
Stage one gives you a temporary visa. Stage two, which gets assessed about two years after your initial application, gives you permanent residency. The idea is that the government wants to make sure your relationship is genuine and ongoing, not just a way to get a visa. (You can read the full eligibility criteria on the Home Affairs partner visa page.)
Here's how the subclasses break down:
Onshore pathway: Subclass 820 (temporary) leads to Subclass 801 (permanent)
Offshore pathway: Subclass 309 (temporary) leads to Subclass 100 (permanent)
You don't choose between temporary and permanent. You apply once, and both stages are included in that single application. The system automatically moves you from stage one to stage two when it's time.
Should You Apply Onshore (820/801) or Offshore (309/100)?
This isn't really a "choice" for most people. It comes down to one simple question: where are you when you lodge your application?
If you're in Australia on any valid visa (tourist visa, student visa, working holiday, whatever), you apply for the onshore 820/801. You must be physically present in Australia when the application is submitted.
If you're outside Australia, you apply for the offshore 309/100. You need to be outside Australia when you lodge it, and you'll generally need to be outside Australia when the visa is granted too.
There's one exception worth mentioning. The prospective marriage visa (subclass 300) is for people who are engaged but not yet married. It lets you come to Australia, get married within 9 months, and then apply for the onshore 820/801. So it's kind of a bridge between offshore and onshore.
Quick Comparison: Onshore vs Offshore at a Glance
| Onshore (820/801) | Offshore (309/100) | |
|---|---|---|
| Where you apply | Must be in Australia | Must be outside Australia |
| Cost (main applicant) | AUD 9,365 | AUD 9,365 |
| Temporary visa processing | 8-16 months | 11-17 months |
| Permanent visa processing | 8-10 months (after ~2 year wait) | 8-12 months (after ~2 year wait) |
| Work rights | Full, unrestricted | Full, unrestricted (once granted) |
| Travel while waiting | Need Bridging Visa B to leave | You're already outside Australia |
| Can you stay in Australia while waiting? | Yes, via Bridging Visa A | No, you wait overseas |
| Prospective marriage option | Yes (apply after marrying on subclass 300) | N/A |
What Does Each Visa Actually Cost in 2026?
Let's talk money, because partner visas aren't cheap.
The base application fee is AUD 9,365 for the main applicant. This is the same whether you go onshore or offshore. You pay this once, and it covers both stages of the process (temporary and permanent).
But that's not the whole picture. Here's what else you might need to budget for:
- Health examinations: AUD 400-800 per person depending on your country
- Police clearances: Varies by country, usually AUD 50-200
- Translation of documents: AUD 100-500+ depending on volume
- Migration agent fees (if you use one): AUD 3,000-7,000+
- Additional applicant charges: AUD 4,685 for each additional adult, AUD 2,345 for children under 18
So realistically, you're looking at AUD 10,000-17,000+ all in for a single applicant using a migration agent. Without an agent, you can trim that down significantly, but the base fee alone is still a big hit.
How Long Does Processing Actually Take?
This is the question everyone asks first, and the answer is... it depends. But here are the current ranges as of early 2026:
Subclass 820 (onshore temporary): Around 8 to 16 months for most applicants. Some get lucky and hear back in 6 months, others wait over 20 months.
Subclass 801 (onshore permanent): Around 8 to 10 months once your case is eligible for stage two assessment. Remember, stage two doesn't even start until roughly 2 years after your initial application.
Subclass 309 (offshore temporary): Around 11 to 17 months for the majority of cases.
Subclass 100 (offshore permanent): Around 8 to 12 months once eligible for the permanent stage.
One thing that catches people off guard: these processing times aren't from when you apply. They're from when Home Affairs actually starts looking at your case. If your application is incomplete or they need to request additional documents, the clock essentially pauses.
What Happens While You Wait? Work Rights, Travel, and the Bridging Visa
This is where the onshore and offshore pathways really diverge in day-to-day life. Let's make this concrete with two real scenarios.
Meet Priya. She's a software developer from India, currently working in Sydney on a 482 employer-sponsored visa. She married her Australian partner last year and just lodged her 820 onshore application. Once her 482 expires, she'll get a Bridging Visa A (BVA) that lets her stay and work in Australia with full work rights. The catch? BVA doesn't let her leave the country. If Priya needs to fly home for a family emergency, she has to apply for a Bridging Visa B before she goes. If she leaves without it, her bridging visa cancels automatically. She'd have to reapply from scratch. This trips up more people than you'd think.
Now meet Carlos. He's a graphic designer in São Paulo who's been in a de facto relationship with his Australian girlfriend for two years. They lodged his 309 offshore application, and now he waits in Brazil. Once the 309 is granted, he can fly to Australia and work without restrictions. But until then, he's stuck waiting overseas while his partner is in Melbourne. Many applicants find this separation brutal, though your partner can of course visit you during the wait.
Both the 820 and 309 temporary visas come with full, unrestricted work rights once granted. No hour limits, no employer restrictions. You can work for anyone, anywhere in Australia.
What Evidence Do You Need to Prove Your Relationship Is Genuine?
Home Affairs doesn't just take your word for it. You need to prove your relationship is genuine and continuing across four main categories:
Financial aspects:
Joint bank accounts, shared expenses, joint leases or mortgages, being listed as beneficiaries on each other's insurance or superannuation. If you don't have joint finances yet, show evidence of financial support for each other.
Nature of the household:
Living together evidence, shared household responsibilities, how you divide tasks. If you're in a long-distance relationship (common for offshore applicants), explain why and how you maintain the household connection.
Social aspects:
Photos together over time, declarations from friends and family who know you as a couple, evidence of going to events together, social media showing your relationship publicly. Two statutory declarations from Australian citizens or permanent residents who know your relationship are required.
Commitment to each other:
How long you've been together, knowledge of each other's personal details, plans for the future, any legal commitments like wills, powers of attorney, or combining assets. If you're de facto rather than married, you generally need to show 12 months of living together (though there are exemptions).
The strongest applications tell a story. Don't just dump a folder of bank statements. Walk the case officer through your relationship timeline with a clear, organized narrative.
De Facto vs Married: Does It Matter?
Both married couples and de facto partners can apply for partner visas. Australia recognizes de facto relationships (including same-sex relationships) for immigration purposes.
The main difference is the evidence requirement. If you're married, the marriage certificate does a lot of heavy lifting to prove commitment. If you're de facto, you generally need to demonstrate 12 months of cohabitation before applying.
There are exemptions to the 12-month rule though. If you have a child together, if you registered your relationship under a state or territory law, or if there are compelling circumstances (like family violence), the requirement can be waived. These exemptions are at the Minister's discretion, so they're not guaranteed.
What Are the Most Common Mistakes People Make?
1. Applying from the wrong location. This sounds basic, but it happens constantly. You must be in Australia for the 820 and outside Australia for the 309. If you lodge from the wrong place, your application gets refused and you don't get a refund on that AUD 9,365.
2. Leaving Australia on a Bridging Visa A. BVA doesn't include travel rights. If you leave without getting a Bridging Visa B first, your BVA cancels automatically. You're then outside Australia without a valid visa and can't come back until something else is arranged.
3. Underestimating the evidence needed. A few photos and a joint lease isn't enough. Strong applications include evidence across all four categories spanning the length of the relationship. Thin applications get delayed or refused.
4. Not updating Home Affairs when circumstances change. New address? New passport? Had a baby? Changed jobs? You need to tell them. Failure to update your details can slow down processing or create complications at the permanent stage.
5. Waiting too long to apply after arriving in Australia. If you're on a tourist visa thinking about applying onshore, be aware that some tourist visas have a "no further stay" condition (8503). If yours has it, you can't apply for the 820 without getting that condition waived first, and waivers are rare.
Frequently Asked Questions
Can I switch from an offshore application (309) to an onshore application (820)?
No. Once you've lodged your application, you're locked into that pathway. If you applied offshore and later come to Australia, you can't convert it to an onshore application. You'd need to withdraw the 309 and lodge a new 820, losing your original fees and starting over.
What if my relationship breaks down during the waiting period?
If your relationship ends before the permanent visa (801/100) is granted, you'll generally lose your eligibility. However, there are exemptions for situations involving domestic violence or where there are dependent children. These are assessed case by case at the Minister's discretion.
Do I need to use a migration agent?
No, and plenty of people successfully lodge partner visas themselves. That said, if your situation is complicated (previous visa refusals, health issues, complex relationship history), a registered migration agent can be worth the investment. Just make sure they're registered with the Office of the Migration Agents Registration Authority (OMARA).
Can my partner sponsor me if they're a New Zealand citizen living in Australia?
Yes, but with conditions. Eligible New Zealand citizens who hold a Special Category Visa (subclass 444) can sponsor a partner. The eligibility rules changed in recent years, so it's worth checking the current requirements on the Home Affairs website specific to your situation.
How long do I need to be in a relationship before I can apply?
There's no minimum for married couples. For de facto partners, you generally need 12 months of living together, unless you qualify for an exemption (registered relationship, children together, or compelling circumstances). The key is proving the relationship is genuine, not just that it's existed for a certain amount of time.
Can I include my children in the application?
Yes. Dependent children under 18 (or dependent children 18-25 who are full-time students) can be included as additional applicants. Each additional child adds AUD 2,345 to the application cost.
The Bottom Line
If you're in Australia right now and in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, the onshore 820/801 pathway lets you stay, work, and build your life while the application processes. If you're overseas, the 309/100 gets you there, though you'll wait it out from a distance. Both cost the same, both lead to permanent residency, and both require solid evidence that your relationship is the real deal. Start gathering your financial, household, social, and commitment evidence now. The stronger and more organized your application, the smoother this whole process goes.
Your next step: head to the Department of Home Affairs partner visa page and check which visa subclass matches your situation. Then start building your evidence folder across all four categories (financial, household, social, commitment) before you even think about hitting submit.