if you are deciding between the 820 and 309 Partner Visa, you are not simply choosing a visa subclass — you are choosing how and where you and your partner will live during the application process.
The Subclass 820 Partner Visa is an onshore partner visa, lodged while the applicant is inside Australia.
The Subclass 309 Partner Visa is an offshore partner visa, lodged while the applicant is outside Australia.
Both visas lead to permanent residency (Subclass 801 and Subclass 100 respectively). However, they differ significantly in terms of:
- Where you apply
- Bridging visa rights
- Travel flexibility
- Legal risk exposure
- Strategic considerations
Understanding the difference between the 820 and 309 visa is critical before you commit.
What Is the 820 Partner Visa? (Onshore Partner Visa)
The Subclass 820 Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to apply for a partner visa while inside Australia.
Key Features of the 820 Visa
- Must be lodged while the applicant is in Australia
- Applicant must hold a valid substantive visa at time of application
- Leads to Subclass 801 (permanent residency)
- Applicant is typically granted a Bridging Visa A (BVA)
- Usually provides work rights
- Provides access to Medicare
The 820 visa is often chosen by couples who are already living together in Australia and want to remain together during processing.
However, it carries specific obligations — particularly around lawful status and travel rights.
What Is the 309 Partner Visa? (Offshore Partner Visa)
The Subclass 309 Partner Visa is designed for applicants who apply from outside Australia.
Key Features of the 309 Visa
- Must be lodged while the applicant is outside Australia
- Leads to Subclass 100 (permanent residency)
- No bridging visa is granted
- Applicant may be inside or outside Australia at time of decision (current policy position)
- Travel rights depend on the visa the applicant holds
820 vs 309 Partner Visa: Key Differences
| Feature | 820 (Onshore) | 309 (Offshore) |
|---|---|---|
| Where to Apply | Inside Australia | Outside Australia |
| Bridging Visa | Yes – Bridging Visa A | No |
| Travel During Processing | Requires Bridging Visa B | Travel depends on current visa |
| Must Be Lawful at Lodgement | Yes | Not applicable (offshore) |
| Leads To | 801 (Permanent) | 100 (Permanent) |
| Risk Factor | Schedule 3 if unlawful | Separation during processing |
The core difference between the 820 and 309 partner visa is geography and legal position at time of application.
Bridging Visa A and Bridging Visa B Explained
If you apply for the 820 Partner Visa, you will typically receive a Bridging Visa A (BVA).
What Is a Bridging Visa A?
- Allows you to remain lawfully in Australia while the 820 is processed
- Activates when your current substantive visa expires
- Usually provides work rights
- Does NOT automatically allow travel
Can You Travel on a Bridging Visa A?
No.
If you leave Australia while holding a BVA without applying for a Bridging Visa B (BVB), your bridging visa may cease, which can affect your ability to return.
What Is a Bridging Visa B?
- Allows temporary travel outside Australia
- Must be applied for and granted before departure
- Travel validity is time-limited
This is a major strategic consideration for 820 applicants with family overseas.
Travel Rights During Partner Visa Processing
Travel flexibility differs significantly between 820 and 309 applications.
820 Applicants
- Must obtain a Bridging Visa B before leaving Australia
- Leaving without BVB can create complications
- Travel periods are limited
309 Applicants
- No bridging visa applies
- If offshore, you remain offshore until decision
- If entering Australia during processing on a visitor visa, conditions must be carefully reviewed
Travel planning should be deliberate — not assumed.
Processing Times and Strategic Considerations
Processing times fluctuate based on:
- Strength of relationship evidence
- Completeness of documentation
- Departmental workload
- Risk profile
Neither the 820 nor the 309 guarantees faster processing as a rule.
Strategic considerations include:
- Are you lawfully in Australia?
- Is there a risk of becoming unlawful?
- Would separation cause hardship?
- Is Schedule 3 likely to apply?
- Do you need travel flexibility?
A partner visa is not simply a form submission — it is a legal position.
When Is the 820 Visa More Suitable?
The 820 Partner Visa may be appropriate if:
- You are currently in Australia on a valid visa
- You wish to remain together during processing
- You understand bridging visa travel limitations
- Your onshore status is secure
When Is the 309 Visa More Suitable?
The 309 Partner Visa may be appropriate if:
- You are outside Australia
- Your onshore visa status is uncertain
- You prefer a clearer legal pathway
- You can manage temporary separation
Frequently Asked Questions (FAQ)
Can I switch from a 309 to an 820 visa?
Generally, no. The visa pathway is determined at time of lodgement. Strategic advice is recommended before applying.
Does the 820 visa provide Medicare?
Yes. 820 applicants are generally eligible for Medicare after application.
Can I travel after applying for the 820 visa?
Only if you apply for and are granted a Bridging Visa B before departure.
Can a 309 applicant enter Australia while waiting?
Possibly, on another valid visa (e.g., visitor visa), but conditions and genuine temporary entrant considerations apply.
Which visa is faster: 820 or 309?
Processing times vary. There is no guaranteed faster pathway.
Final Consideration: Legal Strategy Before Emotion
The difference between the 820 and 309 partner visa is not about which visa is “better.”
It is about:
- Your location
- Your legal status
- Your travel needs
- Your risk exposure
Both visas ultimately lead to permanent residency. The decision should be based on structured legal assessment — not assumption.
If you are unsure which pathway is appropriate, seek advice before lodging. A partner visa application defines your immigration position for years.
Choosing correctly at the beginning avoids unnecessary complications later.
Next Step
If you are unsure whether the 820 or 309 Partner Visa is right for your situation:
✔ Take our eligibility assessment
✔ Review our detailed document checklist
✔ Book a structured consultation
Making the right choice early is far easier than correcting it later.