Onshore vs Offshore Partner Visas: Subclass 820 and 801 vs 309 and 100
Australian partner visas provide pathways for an eligible spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen. The main choice is usually between applying in Australia through Subclasses 820 and 801 or applying from outside Australia through Subclasses 309 and 100.
Both pathways generally involve a temporary stage followed by a permanent stage. Their relationship evidence is similar, but the applicant's location, current visa conditions, bridging arrangements and travel plans can make one pathway more suitable than the other.
The Main Difference
The Subclass 820 and 801 pathway is designed for applicants who apply while in Australia. The Subclass 309 and 100 pathway is designed for applicants who apply from outside Australia. Location requirements should be checked both when applying and when a decision is made.
- Subclass 820: Onshore temporary partner stage
- Subclass 801: Onshore permanent partner stage
- Subclass 309: Offshore provisional partner stage
- Subclass 100: Offshore permanent partner stage
Choosing a pathway is not only about where the couple prefers to live. The applicant must be eligible to lodge in that location and should understand the practical effect while waiting.
How the Onshore Pathway Works
An applicant who is in Australia may apply for the combined Subclass 820 and 801 process if the requirements are met. The temporary stage is normally considered first. The permanent stage is usually assessed later after the required relationship period, although different arrangements can apply to some long term relationships.
The applicant needs to hold a visa or otherwise be eligible to lodge a valid onshore application. Visa conditions and immigration history can affect this. A No Further Stay condition may prevent many applications unless a waiver is available and granted.
Possible Advantages of Applying Onshore
- The couple may remain together in Australia while the application is processed
- A bridging visa may support lawful stay after the current visa ends
- The applicant may receive work rights under the applicable bridging arrangements
- Evidence of shared daily life in Australia can continue to develop
Important Onshore Considerations
- A valid application must be lodged before the current visa expires
- Current visa conditions can restrict the application
- A bridging visa does not usually begin while the substantive visa remains valid
- Travel generally requires the correct bridging visa permission
- Applicants with complex status may face additional legal criteria
Understanding Bridging Visas
A valid onshore partner application may result in a bridging visa. It generally keeps the applicant lawful after the current substantive visa ends while the partner application is being decided. The grant notice explains when it starts and which conditions apply.
A Bridging Visa A does not normally allow return to Australia after overseas travel. A person who needs to leave and return may need to obtain a Bridging Visa B before departure. Travel should not be booked on assumptions.
Work rights can depend on the bridging visa and when it becomes active. Check VEVO rather than relying on another applicant's experience.
How the Offshore Pathway Works
A person outside Australia may apply for the combined Subclass 309 and 100 process. The provisional stage allows an eligible applicant to enter and remain in Australia after grant. The permanent stage is normally considered later.
This pathway can suit couples who live overseas, applicants who cannot lodge a valid onshore application or people who prefer to wait outside Australia. The application does not itself create a bridging visa for someone outside the country.
Possible Advantages of Applying Offshore
- It may suit couples already established outside Australia
- It avoids relying on an onshore bridging visa
- It can be available where an onshore application is restricted
- The applicant can plan entry after the provisional visa is granted
Important Offshore Considerations
- The applicant generally applies from outside Australia
- There is no automatic right to live in Australia while waiting
- A separate visitor visa application does not guarantee entry
- Location requirements must be checked before decision
- Long distance evidence may need careful organisation
Can an Offshore Applicant Visit Australia?
An offshore partner applicant may separately apply for a visitor visa, but the partner application does not guarantee a visitor grant. The person must satisfy the visitor visa requirements and comply with any conditions.
Eligibility Shared by Both Pathways
The couple generally needs to be married or in a qualifying de facto relationship and meet the relevant legal criteria. The relationship must be genuine and continuing, involve mutual commitment to a shared life and not involve permanent separation.
Health, character, identity and sponsorship requirements apply. Previous relationships, family members and immigration history must be declared accurately.
Relationship Evidence
Both pathways assess evidence across financial matters, household arrangements, social recognition and mutual commitment. A marriage certificate or relationship registration does not replace evidence of the actual shared life.
Common Evidence
- Joint bank accounts and shared expenses
- Lease, mortgage and household correspondence
- Insurance and beneficiary records
- Travel bookings and photographs across time
- Statements from the applicant and sponsor
- Statements from relatives and friends
- Messages and call records during separation
- Plans for housing, family and future commitments
Evidence should cover the relationship from its early stages to the present. Explain separate finances, periods apart or unusual living arrangements instead of leaving gaps.
Sponsor Requirements
The sponsor generally needs to hold qualifying Australian or eligible New Zealand status and satisfy sponsorship requirements. Limits can apply where a person previously sponsored a partner, was sponsored as a partner or has particular history.
The sponsor must provide identity, status, character and relationship information. Sponsorship obligations should be understood before lodging.
The Temporary and Permanent Stages
Lodging the combined application does not mean both stages are decided at once. The temporary or provisional stage is usually assessed first. The permanent stage normally requires updated information showing that the relationship continues.
Couples should keep collecting joint financial, household, social and commitment evidence after the first application. Changes in address, passport, family composition or relationship circumstances should be reported where required.
Health and Character Checks
The applicant and relevant family members must meet health and character requirements. Police certificates may be needed from countries where a person has lived for the required period. Medical examinations should be completed using the instructions provided.
The sponsor may also need to provide Australian and overseas police checks. Previous charges or convictions should be disclosed accurately.
Comparing Daily Life While Waiting
For onshore applicants, lawful stay may continue through a current visa and later a bridging visa. Work and travel depend on the actual conditions. For offshore applicants, the person normally remains overseas unless another visa permits travel to Australia.
Couples should consider employment, housing, family care, travel costs and the possibility of extended separation. The lowest emotional or financial burden may be as important as the application setting.
Application Process
- Confirm relationship eligibility: Check marriage or de facto requirements.
- Review location: Determine whether the applicant can validly apply onshore or offshore.
- Check current visa conditions: Look for No Further Stay or other restrictions.
- Prepare the timeline: Align relationship, address, travel and immigration dates.
- Collect balanced evidence: Cover all four relationship areas.
- Prepare sponsorship: Include sponsor status, character and relationship documents.
- Lodge through ImmiAccount: Save the receipt and check all notices.
- Maintain evidence: Keep records for the permanent stage.
Common Mistakes
- Choosing onshore without checking visa conditions
- Assuming a lodged application allows international travel
- Believing an offshore application creates Australian stay rights
- Providing only wedding photographs and a certificate
- Giving inconsistent relationship dates
- Ignoring periods of separation
- Failing to declare previous partners or family members
- Stopping evidence collection after the first stage
- Missing police checks or translated documents
- Assuming permanent residence is automatic
Which Pathway May Be More Suitable?
The onshore pathway may suit an eligible person already living with their partner in Australia who can lodge validly and understands bridging arrangements. The offshore pathway may suit someone living overseas, unable to apply onshore or prepared to wait outside Australia.
Neither pathway is universally faster or stronger. Processing depends on individual circumstances, evidence, checks and current priorities. The most suitable option is the one that is legally available and practical for the couple.
Important Information
This comparison provides general information, not an individual assessment. Location rules, conditions and processing arrangements can change. Review the official onshore partner visa page and official offshore partner visa page.
For supporting documents, read our partner visa evidence checklist or visit our partner visa guidance.
Final Thoughts
Onshore Subclasses 820 and 801 can suit eligible applicants already in Australia, while offshore Subclasses 309 and 100 can suit people applying from overseas. Both pathways require strong evidence of a genuine continuing relationship and normally involve temporary followed by permanent assessment. The main differences concern location, lawful stay, bridging visas and travel while waiting. Check current visa conditions before choosing an onshore application, and do not assume an offshore application provides entry rights. Consider employment, housing, separation and future travel as well as visa criteria. Whichever pathway applies, prepare a consistent timeline, balanced relationship evidence and updated documents for every stage.
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