Partner Visas 820/801 and 309/100: Choosing a Lodgement Route
The key difference is where you are when you lodge. Choosing a partner-visa route also means planning lawful stay, work and travel while waiting. Compare the location rules first, then use a document checklist rather than assuming one route is always faster.
In this guide
- Start with the combined application
- Application location versus decision location
- Onshore checks before lodging
- Offshore application, then a separate travel decision
- Build a route-specific cost sheet
- Use a decision worksheet
- Travel is not the same as changing application route
- Medicare and the permanent-stage calendar
- Frequently asked questions
- Sources and review scope
Use this guide to prepare questions and organise evidence. Your grant notice, current visa conditions and the official rules control your situation. Get individual advice from a registered migration agent or Australian legal practitioner before a visa, work or travel decision with legal consequences.
Start with the combined application
The onshore route combines temporary 820 and permanent 801; the offshore route combines provisional 309 and permanent 100. A spouse or de facto partner may qualify with an eligible Australian citizen, permanent resident or eligible New Zealand citizen sponsor, subject to approval and the full relationship, health, character and other criteria. The permanent stage still requires assessment.
Use the exact Home Affairs pages for 820, 309, 801 and 100. These are separate from Prospective Marriage subclass 300. Marriage alone does not guarantee a partner visa.
Application location versus decision location
| Question | 820/801 onshore | 309/100 offshore |
|---|---|---|
| Where to lodge the temporary/permanent application? | In Australia, subject to valid-application requirements | Outside Australia; accompanying applicants must also be outside |
| Location for the temporary visa decision? | Home Affairs permits in or outside Australia at decision | Home Affairs permits in or outside Australia at decision |
| Does lodgement let me stay and work? | Confirm bridging grant, effect and conditions; current visa applies first | The offshore application does not itself authorise Australian entry, stay or work |
| Ordinary permanent-stage assessment point? | Two years from original combined lodgement | Two years from original combined lodgement |
| Which is faster? | Check official recent-decision data, not a guarantee | Compare the same stage and observation date |
820 location rules and 309 location rules.
Onshore checks before lodging
- Confirm you are in Australia and check the current visa, expiry and any no-further-stay restriction. Prior refusals, cancellations or lack of a substantive visa need individual assessment.
- Check the relationship evidence and sponsor eligibility before paying. A relationship certificate is not a substitute for showing a genuine ongoing relationship.
- Save the combined application receipt and any bridging grant. Record when that bridging visa takes effect and which visa controls your work now.
- Plan travel separately. If relying on bridging status, check BVB eligibility and obtain a grant before leaving.
See Home Affairs: moving between visas and our bridging-visa checks.
Offshore application, then a separate travel decision
You must apply for the 309 route from outside Australia. Home Affairs permits you to be inside or outside Australia when it decides the 309. A visit while it is pending needs its own lawful visa basis; do not assume a visitor grant, entry or permission to work is guaranteed. Official 309 requirements.
If the visa is granted while you are overseas, read the first-entry date in the grant letter. If you are already in Australia, check the new grant and conditions before telling an employer that your work rights have changed. Keep Home Affairs informed of relevant contact and circumstance changes.
Build a route-specific cost sheet
Both routes charge for the combined temporary and permanent application; the permanent-stage visa charge was included at original lodgement. Additional applicants, concessions (including eligible Pacific Island and Timor-Leste applicants) and subclass 300 history can affect the price. Use the official visa pricing estimator and exact stream page immediately before payment.
| Budget line | Record before paying |
|---|---|
| Government charge | Quoted amount, subclass, date, number and age of applicants, and any concession |
| Evidence costs | Required checks, translations and document copies; obtain actual quotes |
| While waiting | Accommodation, health cover, lawful-work income and travel flexibility |
| Optional professional advice | Written scope and fees; ask whether complex visa history or a route change is included |
A refusal or withdrawal does not normally bring a visa-charge refund. Do not pay a second application charge simply to chase an assumed faster route.
Use a decision worksheet
Answer these in order before comparing processing figures:
- Where will each applicant actually be when lodging?
- Can a valid application be made from that location given current visa conditions and history?
- Which visa allows each person to remain, work and return during the wait?
- What relationship and sponsor evidence is available now, and what is missing?
- Can the household fund a longer wait without unauthorised work or non-refundable travel commitments?
Illustrative case: a couple is together in Australia on a visitor visa and likes the idea of onshore lodgement. Before choosing 820, they check current conditions and valid-application eligibility. If a BVA is later granted but not yet in effect, a current no-work condition still matters. This is a checklist, not an approval prediction.
Travel is not the same as changing application route
Going overseas does not automatically withdraw a lodged partner application. Equally, arriving in Australia does not convert a 309 application into an 820 application. A BVA may cease on departure and does not provide re-entry; the underlying visa application and your permission to return are separate questions. Official bridging travel rules.
Before withdrawing, lodging another visa or travelling with a complex history, give an adviser the current grants, lodgement receipts, planned travel dates and any refusal notices. Ask for the implications for validity, bridging status, fees and family members. Do not follow a generic withdraw-and-refile instruction.
Medicare and the permanent-stage calendar
Combined 309/100 and 820/801 applicants living in Australia may qualify for Medicare under the permanent-visa applicant rules, including the required work-right or family-link test. Services Australia sets the applicable start date. Medicare applicant eligibility. Centrelink payments have separate rules and are not established by a Medicare card.
Permanent-stage eligibility is ordinarily two years from the combined application, not from the temporary grant. Earlier assessment may be possible for a qualifying long-term partner relationship; this can include married or de facto couples. It is not an automatic double grant. 801 rules; 100 rules. For a dated planning method, see our partner waiting-time guide.
Frequently asked questions
Where must I be when I apply?
For subclass 820/801 you must be in Australia when applying for the onshore route. For subclass 309/100 you and accompanying applicants must be outside Australia when applying. Application-location rules are different from decision-location rules.
Must I leave Australia for a 309 decision?
No blanket departure requirement applies: Home Affairs says you can be in or outside Australia when it decides the subclass 309 application. You still need a valid visa and must obey its conditions if you are in Australia while waiting.
Can I work immediately after lodging an 820 application?
Lodgement does not itself replace the visa currently in effect. Confirm any bridging visa grant, when it takes effect and its conditions. Until then, your current substantive visa controls work rights.
Can a 309 applicant get Medicare before grant?
Potentially, if living in Australia and meeting the permanent-visa applicant rules. A combined 309/100 application is included. Services Australia assesses eligibility and the relevant start date; waiting for the temporary visa grant is not a universal requirement.
Does the permanent stage start two years after temporary grant?
Usually eligibility for assessment is two years after the original combined application, not two years after temporary grant. That date does not guarantee a decision. Long-term relationship and other provisions can affect the ordinary sequence.
Can I just switch my lodged 309 application to an 820?
Do not assume the application can be relabelled. Travel, withdrawal and a new application may have significant visa and cost consequences. Get advice on the actual documents before changing the route or withdrawing anything.
Sources and review scope
Checked 30 September 2026. This is an editorial source check, not professional certification or an assessment of your eligibility. Fees, country arrangements and processing data can change; reopen the linked official pages before acting.