Updated April 202613 min read

820 vs 309 Partner Visa: Which One Should You Apply For?

Choosing between the onshore (820/801) and offshore (309/100) partner visa is one of the most important decisions in the partner visa process. The right choice depends on where you are, your current visa status, and your circumstances. This guide breaks down both pathways so you can make an informed decision.

Partner Visa Overview

Australia's partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia permanently. The visa is processed in two stages:

1. Temporary stage — the 820 (onshore) or 309 (offshore) visa is granted first, giving you the right to live and work in Australia
2. Permanent stage — approximately 2 years after the temporary visa application, you become eligible for the 801 (onshore) or 100 (offshore) permanent visa, provided your relationship is still genuine

Both pathways lead to permanent residency. The key difference is whether you apply from inside or outside Australia. You apply for both the temporary and permanent visa at the same time as a combined application, and you pay a single fee.

Side-by-Side Comparison

The 820/801 Onshore Pathway

The subclass 820 is the temporary onshore partner visa. You must be physically in Australia when you lodge the application and when the visa is granted.

Key Benefits of the 820

• Stay in Australia while waiting: You receive a Bridging Visa A (BVA) immediately upon applying, which keeps you lawfully in Australia while your 820 is processed
• Full work rights: The BVA grants unlimited work rights — you can work full-time in any job without restriction
• Medicare access: You can enrol in Medicare while on the BVA, giving you access to subsidised healthcare
• Some Centrelink access: You may be eligible for Family Tax Benefit if your partner is an Australian citizen. Read our Centrelink guide for 820 visa holders
• No separation from partner: You can continue living with your Australian partner while the visa processes

Considerations for the 820

• Travel restrictions: If you leave Australia on a BVA, it ceases. You need to apply for a Bridging Visa B (BVB) before travelling, and be back in Australia before it expires
• Current visa requirements: You must hold a substantive visa when you apply (not an expired visa or unlawful status, though some exceptions exist)
• Cannot apply from most bridging visas: Check if your current visa allows you to apply for another visa while onshore

The 309/100 Offshore Pathway

The subclass 309 is the temporary offshore partner visa. You must be outside Australia when the visa is granted (you can be in or outside Australia when you apply through the online portal, but must be outside at grant).

Key Benefits of the 309

• No current visa needed: You do not need to hold an Australian visa — you are applying from overseas
• Freedom to travel: While waiting for processing, you can travel freely without visa restrictions
• Potentially faster for some: In some cases, offshore processing can be quicker than onshore, though this varies
• Visitor visa while waiting: You can visit Australia on a visitor visa while your 309 is being processed, though you cannot work

Considerations for the 309

• Separation from partner: If your partner lives in Australia, you may be separated during processing, which can be emotionally difficult and last 12-24 months
• No work rights in Australia: You cannot work in Australia on a visitor visa while waiting
• No Medicare: You do not have access to Medicare until the visa is granted
• No Centrelink access: Cannot access any Centrelink payments until granted. Read our Centrelink guide for 309 visa holders

Cost Breakdown

The visa application fee is the same for both pathways, but total costs can differ:

Use our Visa Cost Calculator to get a detailed breakdown of all costs for your specific situation.

Which Should You Choose?

The decision usually comes down to where you are physically and your current visa status:

Choose the 820 (Onshore) If:

• You are already in Australia on a valid visa
• You do not want to leave Australia and risk separation from your partner
• You need work rights while the visa is being processed
• You want access to Medicare during processing
• Your current visa allows you to apply for another visa onshore

Choose the 309 (Offshore) If:

• You are currently overseas and your partner is in Australia
• You do not have a valid Australian visa that allows onshore applications
• You are comfortable waiting overseas during processing
• Your partner plans to join you overseas during the waiting period
• You have work or family commitments in your home country that keep you overseas

Can You Switch Between Them?

This is one of the most common questions, and the answer is nuanced:

From 309 to 820

You cannot directly convert a 309 application to an 820. However, if you travel to Australia on another visa (like a tourist visa) while your 309 is pending, you could theoretically withdraw the 309 and lodge a new 820 application. This means paying the full application fee again ($9,095) and restarting the processing clock. Only consider this if there is a strong reason to switch.

From 820 to 309

This is very rare and generally not advisable. If you leave Australia while on a BVA without getting a BVB first, your BVA ceases and you become unlawful if you return. You would need to withdraw the 820 and apply for the 309 from overseas.

Centrelink and Medicare Access

Your access to government services differs significantly between the two pathways:

820 Visa Holders

• Medicare: Eligible to enrol while on BVA — access to subsidised GP visits, hospital care, and prescriptions
• Family Tax Benefit: May be eligible if your partner is an Australian citizen or PR and you have children
• Work rights: Full, unrestricted work rights on BVA
• Income support: Generally not eligible until permanent visa (801) is granted

309 Visa Holders (Before Grant)

• Medicare: Not eligible until the 309 visa is granted and you enter Australia
• Centrelink: Not eligible for any payments while overseas or on a visitor visa
• Work rights: None in Australia (you are either overseas or on a visitor visa)

For detailed Centrelink information, read our guides for 820 visa holders and 309 visa holders.

Frequently Asked Questions

What is the difference between the 820 and 309 partner visa?

The 820 is the onshore (temporary) partner visa — you must be in Australia when you apply and when it is granted. It leads to the 801 (permanent). The 309 is the offshore (temporary) partner visa — you must be outside Australia when it is granted. It leads to the 100 (permanent). Both cost the same ($9,095) and have similar eligibility requirements, but differ in location rules, bridging visa access, and work rights during processing.

How much does a partner visa cost in Australia?

The base application charge for both the 820 and 309 partner visa is $9,095 (2025-26). This single fee covers both the temporary and permanent stages. Additional costs include health examinations ($300-400), police clearances ($50-100 per country), document translations, and optional migration agent fees ($3,000-6,000). Use our Visa Cost Calculator for a detailed estimate.

Can I work on a partner visa bridging visa?

Yes. If you apply for the 820 onshore partner visa, you receive a Bridging Visa A (BVA) that includes full work rights with no restrictions. You can work full-time in any occupation while waiting for your partner visa to be processed. The 309 offshore applicants do not receive an Australian bridging visa since they apply from outside Australia.

Can I switch from a 309 to an 820 partner visa?

Not directly. You cannot convert an existing 309 application into an 820 application. However, if you travel to Australia on another visa while your 309 is pending, you could withdraw the 309 and lodge a new 820 application onshore. The $9,095 application fee would need to be paid again and your processing time restarts. Always consult a migration agent before making this decision.

Do I need to be married to apply for a partner visa?

No. You can apply as either a married spouse or a de facto partner. For de facto relationships, you must demonstrate that you have been in a genuine de facto relationship for at least 12 months before applying, unless you have a child together or your relationship was registered in an Australian state or territory.