Partner visa: onshore versus offshore
Partner Visa: Onshore (820/801) vs Offshore (309/100)
Navigating the migration process can feel overwhelming, but with MigrationBuro, you are never alone.
The Australian partner visa has two main streams: the onshore stream (subclass 820 temporary, leading to subclass 801 permanent) and the offshore stream (subclass 309 temporary, leading to subclass 100 permanent). The key difference is where the applicant is when they lodge.
If the applicant is in Australia when the application is lodged, they must apply in the onshore stream. If the applicant is outside Australia when the application is lodged, they apply in the offshore stream. There are no circumstances in which an offshore applicant can validly lodge an onshore partner visa (or vice versa).
THE CORE DIFFERENCES
Location at lodgement: onshore (820/801) requires the applicant to be physically in Australia when the application is lodged. Offshore (309/100) requires the applicant to be outside Australia at lodgement.
Bridging visa for onshore applicants: on lodgement of an onshore 820 application, the applicant is typically granted a Bridging Visa A (BVA), allowing them to remain in Australia during processing. The offshore applicant does not receive a bridging visa and must remain offshore until the temporary visa (309) is granted.
Right to travel: the BVA granted to onshore applicants allows them to remain in Australia. Travel outside Australia on a BVA without a Bridging Visa B (BVB) causes the BVA to cease. Offshore applicants travel on their own passport and existing visa arrangements until the 309 is granted.
Processing time: both streams have similar processing times at the permanent stage. The temporary onshore stage (820) and temporary offshore stage (309) processing times differ — check the Department's published data.
CHOOSING THE RIGHT STREAM
Step 1 Establish where the applicant will be at lodgement
Establish where the applicant will be at lodgement. This determines the stream.
Step 2 If the applicant is in Australia: onshore 820/801
If the applicant is in Australia: onshore 820/801. Ensure the applicant holds a valid substantive visa at lodgement.
Step 3 If the applicant is outside Australia: offshore 309/100
If the applicant is outside Australia: offshore 309/100. The applicant remains offshore while the 309 is processed.
Step 4 For both streams: gather relationship evidence
For both streams: gather relationship evidence (cohabitation, finances, social life, commitment) to support the genuine relationship claim.
Step 5 Lodge the application — both the temporary and permanent partner visas are a single application lodged at the same time
Lodge the application — both the temporary and permanent partner visas are a single application lodged at the same time.
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Your Australian Visa application
Some frequently asked questions
Answers to some questions we often hear from people in your situation.
Can an offshore applicant come to Australia on a tourist visa while waiting for the partner visa?
Yes, subject to the tourist visa being granted. A genuine intention to leave at the end of the tourist visa period is required. An existing partner visa application does not automatically disqualify a tourist visa application, but poor framing can create problems. Seek advice before applying.
What if the relationship ends during processing?
If the relationship ends before the temporary visa is granted, the application may fail. If it ends after the temporary visa but before the permanent stage, the permanent stage may be refused. Circumstances such as family violence can affect eligibility differently — seek advice.
What evidence is needed for a partner visa?
Evidence across four categories: financial (joint accounts, joint bills), social (photographs, acknowledgement of relationship), cohabitation (lease, mail), and commitment (travel together, statements from witnesses). The stronger the evidence across all four, the better.
How long does a partner visa take?
Processing at the temporary stage is typically 12-24 months depending on the complexity of the application and current Department workloads. The permanent stage follows after two years at the temporary stage. Check current processing times on the Department's website.
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MigrationBuro are your trusted migration agents in Brisbane. Founded and led by Andrew Heathcote, we specialise in Australian immigration services. With over 18 years of experience, Andrew is a registered migration agent (MARN) and a member of the Migration Institute of Australia, ensuring expert guidance through every step of the immigration process.
