Subclass 309 is the offshore provisional partner visa; subclass 820 is the onshore temporary partner visa. Choose 309 if you’re outside Australia when you lodge, and 820 if you’re inside Australia and need to stay lawfully while your application moves through the system. The trade-off comes down to where you’re standing on lodgement day, and how quickly the Department gets to your file under Ministerial Direction 117.

TL;DR:

• Applying offshore with subclass 309 generally involves a longer processing time due to lower priority and strict location requirements when lodging and deciding.
• Onshore subclass 820 applications benefit from higher processing priority and allow applicants to access bridging visas, which sustain lawful status and working rights while waiting.
• Evidence quality is crucial for both visas, as gaps or inconsistencies in relationship or sponsor documentation cause most refusals, regardless of the pathway.
• Lodging the correct visa depends on the applicant’s current location, visa status, and need for working rights or lawful entry, with timing impacting future steps.
• Consulting a registered migration adviser before applying helps prevent common errors, ensures proper evidence, and optimizes the chances of an efficient, successful outcome.

Table of Contents

• Partner visa 309 vs 820: the framework behind both pathways
• Subclass 309 (offshore): what applying from overseas actually involves
• Subclass 820 (onshore): bridging visas and staying lawful while you wait
• Key legal and practical differences to weigh
• Which one should you apply for? A decision checklist
• Why a MARA-registered adviser matters for this decision
• What I’ve seen go wrong in real partner visa files
• Book a partner visa check with Fewa
• Official pages worth checking before you lodge
• Sources
• FAQ

Partner visa 309 vs 820: the framework behind both pathways

Both visas run on the same two-stage design. You lodge a temporary visa first (309 offshore, 820 onshore), then move to a permanent visa (100 or 801) once the Department is satisfied your relationship is genuine and ongoing. That progression isn’t automatic or immediate. You need to have held the temporary visa for a set period before permanent assessment even opens, and the assessment itself checks that your relationship has continued through that time.

What catches a lot of applicants off guard is the processing order. Direction 117 sets the priority sequence for family visas, and it puts onshore partner applications (820 and 801) ahead of offshore ones (309 and 100) in the queue. That’s a deliberate policy choice, not a random quirk of the system, and it means two people with near identical relationship evidence can wait very different lengths of time depending on which side of the border they lodged from.

A few things worth locking in before you go further:

• The temporary visa (309 or 820) is your entry point; the permanent visa (100 or 801) is the end goal.
• Onshore applications generally get worked through faster because of the priority settings under Direction 117.
• Median processing times are published and updated regularly on the Department’s visa processing times overview, so check that page rather than relying on anecdotes from forums.
• Neither visa guarantees a fixed wait. Times move depending on caseload, your documentation quality, and how the Department is prioritising that month.

None of this changes your eligibility. It changes your timeline and, for onshore applicants, your day to day rights while you wait. That’s the part most guides skip past.

Subclass 309 (offshore): what applying from overseas actually involves

You must be outside Australia both when you lodge the subclass 309 application and, in most cases, when it’s decided, because the offshore partner visa page is explicit about the location requirement. This is the pathway for couples where the visa applicant is still living overseas, whether that’s a partner you met while working abroad or a spouse waiting for their case to clear before relocating.

The evidence load is the same substance as onshore, just prepared from a distance. You’ll need to show a genuine and ongoing relationship through a mix of financial, social, and household evidence, plus statements from the couple and, ideally, from people who know you both. Photos alone don’t cut it. The Department wants a timeline: how you met, when the relationship became de facto or you married, and what’s changed since.

Here’s a practical run-down of how to approach it:

1. Start the relationship evidence file early. Joint bank statements, lease agreements, and correspondence take months to accumulate meaningfully, so begin as soon as you decide to apply.
2. Book your health examination through eMedical once you’ve lodged. The panel clinic process can take weeks to schedule in some regions, so don’t leave it until a case officer asks.
3. Sort character documents per country you’ve lived in for 12 months or more since turning 16. Police checks from multiple countries can take longer than the visa processing itself.
4. Lodge a complete application the first time. The Department’s own guidance on partner visas is consistent on this: incomplete files create avoidable delays, and requests for more information reset your position in the queue.
5. Expect the offshore priority tier. Because 309 sits below 820 under Direction 117, budget for a longer wait than an onshore applicant with an equivalent file.

Pro Tip: If you expect to reach the permanent stage within the first year or so, ask your panel clinic whether a more thorough health exam now can cover both the temporary and permanent stage, so you’re not repeating tests later.

The most common pitfall isn’t a weak relationship. It’s a thin paper trail. Couples who’ve been together for years sometimes assume the strength of the relationship speaks for itself, then submit a folder with three photos and a rental agreement. The case officer only knows what’s on the file.

Subclass 820 (onshore): bridging visas and staying lawful while you wait

Subclass 820 requires you to be in Australia when you lodge, as set out on the onshore partner visa page. The moment you lodge a valid application, a bridging visa activates once your current visa expires, and that’s the mechanism that keeps you lawful while the Department works through your case.

A bridging visa isn’t a downgrade. Most bridging visa holders retain work rights, and Medicare enrolment is generally available to partner visa applicants who hold a substantive visa application on hand. But entitlements depend on your specific bridging visa class and any conditions carried over from your prior visa, so check your own grant notice rather than assuming.

Where onshore applicants get into trouble:

• Letting a current visa lapse before lodging the 820, which leaves no bridging visa to activate.
• Travelling overseas without checking whether the bridging visa allows re-entry, since most don’t without a separate bridging visa B.
• Assuming casual work is fine on a visa that actually carries work restrictions.
• Losing track of condition numbers on the bridging visa grant, which differ from the conditions on the original substantive visa.

Becoming unlawful, even briefly, complicates everything from employment to Medicare access, and can affect future visa applications. The Department’s Status Resolution Service FAQ is the right first stop if you’re ever unsure whether your status has lapsed. Don’t guess.

Lodgement itself happens through ImmiAccount, and the evidence standard mirrors the offshore pathway: genuine relationship proof, financial commingling, social recognition, and household arrangements. The advantage onshore applicants have is that gathering evidence is easier when you’re both in the country and can attend appointments, open joint accounts, or get supporting statements from local witnesses in person.

Pro Tip: Don’t let your current visa run out before your 820 application is finalised in ImmiAccount. The bridging visa only exists if there’s a substantive application on file the moment your prior visa ends.

Key legal and practical differences to weigh

Location at lodgement is the hard line between these two visas, but it’s not the only thing that separates them. Here’s where the real differences sit once you get past the basic offshore versus onshore distinction.

A few points sit underneath that table and matter just as much:

• The two-year rule applies to both. You generally can’t be assessed for the permanent stage until at least two years have passed since you lodged the temporary visa, regardless of which one you hold.
• Sponsor obligations are identical either way. Your sponsor needs to meet eligibility rules, complete the sponsorship form, and stay accountable for the relationship’s genuineness throughout the process.
• Health and character checks apply to both subclasses. Neither pathway skips this step, and delays in booking exams or gathering police checks are among the most common causes of a stalled file.
• Refusal risk usually traces back to evidence gaps, not the visa subclass itself. Thin relationship proof, inconsistent timelines between partners’ statements, or an incomplete sponsor form cause more refusals than anything structural about 309 versus 820.
• Priority requests are hard to win. The Department’s own factsheet on requests for priority processing makes clear that personal circumstances like pregnancy or a planned wedding date aren’t generally accepted grounds for jumping the queue on either subclass.

Which one should you apply for? A decision checklist

Work through this in order, and the answer to “309 or 820” usually becomes obvious fast.

1. Are you currently in Australia? If yes, and you hold a valid substantive visa, 820 is almost always your pathway, because leaving to apply 309 from overseas would mean giving up the priority advantage and your current lawful status.
2. Do you need to keep working, studying, or accessing Medicare while your case is processed? That’s a strong argument for 820, since the bridging visa is built for exactly that need.
3. Are you overseas and don’t hold an Australian visa that lets you stay? Then 309 is your only option. There’s no shortcut into 820 without being physically present.
4. Is your documentation ready? Relationship evidence, sponsor forms, health checks, and character documents all need to be assembled before lodgement, not after.
5. Check the current fee before lodging. The Department’s Visa Pricing Estimator shows the charge that applies on your lodgement date, since fees change and the version on some third-party guides may be outdated. Fewa’s partner visa cost breakdown walks through what’s typically included.

Pro Tip: If you can enter Australia on a valid visa soon but aren’t there yet, think carefully before lodging 309. Once you’re onshore, you may still need to lodge a fresh 820 application rather than convert an existing 309, so timing your move before lodging can save real processing months.

If any of steps 1 through 4 feel uncertain, that’s usually the point to get a professional opinion rather than guess and lodge.

Why a MARA-registered adviser matters for this decision

Some migration and education consultancies are MARA-registered, and partner visa cases often benefit from a second set of eyes on the eligibility question to help improve outcomes. Getting the 309 versus 820 call wrong, or lodging with gaps in the evidence, can cost months.

Typical partner visa checks include:

• Eligibility against the offshore or onshore requirement, based on your actual location and visa history.
• Ensuring relationship evidence covers the full timeline the Department expects.
• Sponsor eligibility and completeness of the sponsorship form before lodgement.
• Proper ImmiAccount setup and document sequencing to avoid submission errors.

A consultation usually starts with a review of what you already have, then a list of what’s missing.

What I’ve seen go wrong in real partner visa files

Recurring pattern: applicants delay their health exam until a case officer chases it, losing weeks they didn’t need to lose. Another common one is a relationship timeline that reads differently in the applicant’s statement than in the sponsor’s. Late sponsor paperwork is the third repeat offender.

The fix is boring but effective. Build one evidence pack from day one, book health checks the moment you lodge, and keep a running record of shared life, joint accounts, leases, and messages, as you go rather than reconstructing it under pressure months later.

— Ronit

Book a partner visa check with Fewa

Choosing between 309 and 820 is a one-time decision with long consequences, and getting it wrong can add months to your wait or put your lawful status at risk. Fewa is a MARA-registered consultancy that reviews your specific situation, location, current visa status, and evidence, before you lodge anything, so you’re not relying on a forum thread to make the call.

A consultation typically starts with a straightforward ask: your ImmiAccount or acknowledgement ID if you’ve already started an application, your current passport and visa details, a summary of your relationship timeline, and your health case ID if you’ve begun eMedical. From there, Fewa checks your eligibility against the correct subclass, flags any evidence gaps before the Department does, and walks you through document sequencing so your application goes in complete the first time. If your circumstances also touch on skilled migration, family visas, or study pathways, Fewa’s broader visa services cover those too. Book a consultation through the partner visa service page and get a straight answer on which pathway fits your situation before you lodge.

Official pages worth checking before you lodge

• Partner visa (apply in Australia): subclass 820 and 801
• Partner visa (apply overseas): subclass 309 and 100
• Visa processing times overview
• Factsheet: partner visa requests for priority processing
• Visa Pricing Estimator

If comparing broader residency options for expatriates is useful context, this overview of visa paths for people staying abroad covers related considerations, though the Australian rules above are what govern your 309 or 820 decision.

This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.

Sources

• Visa processing times — overview (Department of Home Affairs)
• Partner visa (apply in Australia) (subclass 820 and 801) (Department of Home Affairs)
• Partner visa (apply overseas) (subclass 309 and 100) (Department of Home Affairs)
• Factsheet: Partner visas — requests for priority processing (Department of Home Affairs)

FAQ

Is Subclass 820 Considered a PR Visa?

No. Subclass 820 is a temporary visa. Permanent residency comes later through subclass 801, which the Department assesses only after the temporary visa has been held for the required period and the relationship is confirmed genuine and ongoing, as outlined on the onshore partner visa page.

Can Subclass 309 Lead to Permanent Residency?

Yes. Subclass 309 is the temporary stage that leads to subclass 100, the offshore permanent partner visa, once the required waiting period has passed and the relationship assessment is satisfied. It follows the same two-stage structure as the onshore pathway, just processed under a different priority tier.

Is the 309 Visa a Bridging Visa?

No. Subclass 309 is a substantive temporary visa granted while you’re outside Australia, not a bridging visa. Bridging visas only apply to onshore applications like 820, where they cover the gap between your previous visa expiring and the 820 decision being made.

Can a Subclass 820 Application Be Refused?

Yes, and refusal usually comes down to evidence gaps rather than the visa category itself. Thin relationship proof, inconsistent statements between partners, or an incomplete sponsorship form are the most common triggers, so a thorough review before lodgement, such as one Fewa offers through its partner visa service, reduces that risk.

Recommended

• Subclass 820 vs 801: The Real Difference for Aussie Couples
• How Long Does a Partner Visa Take to Process in Australia?