Partner Visa Onshore vs Offshore: 820/801 vs 309/100

The Basic Structure

The partner visa program is usually a two-stage pathway. For the onshore route, the temporary stage is subclass 820 and the permanent stage is subclass 801. For the offshore route, the temporary stage is subclass 309 and the permanent stage is subclass 100. The permanent stage is generally assessed later, usually around two years after the initial application date unless an exception applies. You are not choosing between temporary and permanent — you are choosing between two versions of the same overall relationship migration journey.

What Onshore Usually Means in Practice

The 820/801 route is generally used when the applicant is in Australia at the time of application. People are drawn to the onshore route because they are already living with their partner, they want to remain together during processing, they are thinking about bridging visa implications, and they want continuity of day-to-day relationship evidence. The onshore route often feels emotionally safer because it aligns with a couple already living their shared life in Australia. An important recent change: from 25 November 2023, a subclass 820 visa can be granted to applicants whether they are in or outside Australia.

What Offshore Usually Means in Practice

The 309/100 route is generally used where the applicant is outside Australia at the time of application. This can make sense where the couple is living overseas together, the applicant does not have a clean onshore basis, travel and residence patterns make offshore filing more natural, or the applicant's Australian stay options are limited. Offshore does not mean weak. It means the application structure is built around the applicant being outside Australia.

The Most Important Difference Is Not the Relationship Test

The core relationship criteria are broadly similar across both pathways. The bigger difference is procedural strategy. Whether the applicant is already in Australia, whether they may access a bridging visa after onshore lodgement, how the couple manages travel and separation, what current visa the applicant holds, and whether timing pressures make one route more sensible. Many articles get this wrong by implying the evidence requirements are fundamentally different.

When Onshore Is Usually Better

The onshore pathway is often better where the couple is already living together in Australia and wants to preserve that stability. Especially true where the applicant holds a valid substantive visa, the couple's strongest evidence comes from their Australian shared life, and remaining together is a major priority. There is also a psychological advantage — lodging onshore feels like moving forward from the place where the shared life is actually happening.

When Offshore Is Usually Better

The offshore pathway is often better where the couple's relationship is based outside Australia, or where trying to force an onshore application would create unnecessary visa stress. This includes cases where the applicant is overseas without a good position to enter and lodge onshore, the couple is currently living together abroad, or the current visa position in Australia is fragile or close to expiry.

The Bridging Visa Issue Is Often What Drives the Decision

In practical terms, one reason many couples prefer onshore filing is the possibility that an onshore application can interact with the applicant's current lawful stay and bridging visa arrangements. This depends heavily on the applicant's current visa and conditions. But strategically, it is one of the main reasons couples are drawn to the 820 route rather than automatically defaulting to offshore. This is also why partner visa decisions should not be made from generic relationship advice alone — existing visa status matters.

Common Mistakes Couples Make

Choosing based on internet folklore rather than current rules — the 2023 change to subclass 820 grant location is a good example. Ignoring the applicant's current visa position when the strength of an onshore strategy often depends on it. Assuming one route is always faster when the wrong pathway filed for the wrong reasons can create more stress. And treating the decision as purely geographic when it is really about which application setting best fits your legal position and next one to two years.

What is the onshore partner visa?

Usually the 820 temporary visa leading to the 801 permanent visa, for applicants who lodge while in Australia.

What is the offshore partner visa?

Usually the 309 temporary visa leading to the 100 permanent visa, for applicants who lodge from outside Australia.

Is the partner visa a two-stage process?

Yes. Temporary stage first, then permanent assessment later, usually around two years after the initial application date.

Can the 820 now be granted outside Australia?

Yes. From 25 November 2023, the subclass 820 can be granted to applicants in or outside Australia.

Is one pathway always faster?

There is no safe universal rule. Suitability usually matters more than trying to game a theoretical timing difference.

Does my current visa affect which pathway to choose?

Yes, significantly. Your existing visa status can determine whether onshore filing is viable and what bridging visa arrangements may apply. This is one of the most important factors in the decision.