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

The Australian partner visa system has two parallel pathways that lead to the same destination — permanent residency — but through entirely different procedural experiences. Whether you apply onshore (as the Subclass 820/801) or offshore (as the Subclass 309/100) depends primarily on where the applicant is located at the time of lodgement. This single factor cascades into significant differences in how you maintain legal status, what rights you have while waiting, and what options are available to you if circumstances change.

The Core Difference: Location at Lodgement

The onshore pathway — Subclass 820 (temporary) / Subclass 801 (permanent) — requires the applicant to be physically present in Australia at the moment the application is lodged through ImmiAccount. If you lodge and you are in Australia, you are on the onshore pathway.

The offshore pathway — Subclass 309 (provisional) / Subclass 100 (permanent) — requires the applicant to be outside Australia at the time of lodgement. If you lodge while you are overseas, you are on the offshore pathway.

Both pathways assess the same substantive question — is the relationship genuine and continuing? — using the same Four Pillars framework. Both lead to the same permanent residency outcome. The evidentiary requirements are essentially identical. The differences are procedural and logistical, but they are significant enough to affect the lived experience of the application substantially.

The Subclass 820/801 Onshore Pathway

The onshore pathway is the choice for applicants already in Australia on another visa — typically a Working Holiday Visa, Student Visa, Temporary Skill Shortage Visa, or any other substantive visa that allows onshore presence.

Bridging visa mechanics: When you lodge the 820/801 application, you automatically receive a Bridging Visa A (BVA). This BVA lies dormant until your current substantive visa expires, at which point it activates. The BVA generally provides full, unrestricted work rights for partner visa applicants and Medicare access — but absolutely no travel rights. If you leave Australia while the BVA is active, it ceases, and you cannot return until the 820 is decided.

To travel internationally while on a BVA, you must apply separately for a Bridging Visa B (BVB), which costs AUD 190 and grants a specific travel period. You must return before the travel period on the BVB expires.

Medicare: One of the clearest practical advantages of the onshore pathway is Medicare eligibility. Applicants on a Bridging Visa A, B, or C who have lodged a permanent residency application (the combined 820/801 qualifies) can enrol in Medicare. You need your passport, evidence of your bridging visa status, and the ImmiAccount acknowledgment letter confirming valid lodgement.

Processing time: As of 2026, 50% of Subclass 820 applications are decided within 16 months, with 90% taking up to 23 to 24 months. The Subclass 801 permanent stage is then assessed on the two-year anniversary of the 820/801 lodgement date.

The critical constraint: If you lodged the 820 while not holding a valid substantive visa — for instance, if you had overstayed a previous visa or if a previous application had been refused — you receive a Bridging Visa C rather than a BVA. The BVC has no automatic work rights, no travel rights, and cannot be upgraded to a BVB. This is a materially worse position to be in.

The Subclass 309/100 Offshore Pathway

The offshore pathway is for applicants who are not in Australia, whether they have never lived there or have departed and are not willing or able to return without a valid substantive visa.

No bridging visa: The most fundamental difference from the offshore perspective is that there is no bridging visa. You remain outside Australia on your own country's visa or status while the 309 is being processed. There are no Australian work rights or Medicare during this period. You simply wait for the outcome of the 309 assessment while living your life wherever you are.

Re-entry: If you need to travel to Australia during the processing period — to visit your partner, for family reasons — you would need to obtain a separate Australian visa for those visits (typically a Visitor Visa) and depart again before it expires. The offshore pathway does not prevent you from visiting Australia on a separate visa.

Processing time: The Subclass 309 processing times are broadly comparable to the onshore 820: the Department's data shows median processing around 12 to 24 months for the temporary stage, with significant variation. After the 309 is granted, you can travel to Australia. The Subclass 100 permanent assessment then follows on the two-year anniversary of the 309/100 lodgement date.

On grant: Once the Subclass 309 is granted, you travel to Australia and can live, work, and study. Work rights on the 309 are generally full and unrestricted. Medicare eligibility follows from being enrolled as a permanent residency applicant.

Choosing Between Them: Practical Scenarios

Applicant already in Australia on a valid visa: The onshore 820/801 is almost always the practical choice. Lodging onshore means you maintain continuous lawful status via the BVA when your substantive visa expires, with full work rights. You do not need to leave and re-enter, and you gain Medicare access during the processing period.

Applicant offshore with no current Australian visa: The offshore 309/100 is the only option unless you can obtain a substantive Australian visa to enter and then lodge onshore. Some couples specifically obtain a Working Holiday Visa to enter Australia and lodge onshore, which can be advantageous — particularly if the WHV holder wants to work during the processing period.

Applicant offshore and wants to move to Australia quickly: Neither pathway is quick, but the onshore pathway is often perceived as preferable because once you are in Australia, you stay in Australia throughout the processing period. The offshore pathway keeps you out of Australia for the duration.

Applicant with a complicated immigration history: The onshore pathway has greater exposure to Schedule 3 criteria if the applicant does not hold a substantive visa at lodgement. The offshore pathway avoids this issue entirely because there is no bridging visa complication — but it means the applicant cannot live in Australia during processing.

The Two-Year Permanent Visa Clock: Both Pathways

A frequent point of confusion is whether the two-year wait for the permanent stage (801 or 100) differs between pathways. It does not, in structure. In both cases, permanent residency is assessed two years after the initial lodgement date of the combined temporary/permanent application. The clock starts at lodgement, not at temporary visa grant.

At the two-year mark, the applicant must initiate a new assessment — called Stage 2 — submitting updated relationship evidence covering the two-year processing period. This is not automatic. You actively trigger the Stage 2 assessment through your ImmiAccount. No additional government fee is charged.

Both pathways require the same quality of Stage 2 evidence: updated joint financial statements, utility bills, fresh photographs, new Form 888 declarations, and updated personal statements from both partners confirming the relationship has continued and developed.

The right pathway depends on your specific circumstances — where you are, what visa you currently hold, and whether you can practically be in Australia during the processing period. The Australia Partner Visa (820/801) Guide covers both pathways in full, including how to decide which is right for your situation, how to manage the bridging visa system if you apply onshore, and how to build an evidence file for the Stage 2 permanent assessment.

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