Partner Visa 820/801 vs 309/100: Which Pathway Is Right for Your Relationship?

The Two Pathways: Onshore vs Offshore at a Glance

Australia's partner visa program offers two main pathways: onshore (subclass 820/801) and offshore (subclass 309/100). The choice between them depends on your current location, financial situation, and timeline. Onshore visas are applied for while you're in Australia; offshore visas require you to lodge your application from outside Australia. Both lead to permanent residency, but the journey to get there differs significantly in cost, processing time, and work entitlements.

Onshore Partner Visas: 820 (Provisional) and 801 (Permanent)

If you're already in Australia on a valid visa, onshore is often your preferred pathway. You first receive a Temporary Partner visa (subclass 820), which grants you immediate residence rights and work entitlements. After two years of meeting visa conditions (primarily maintaining a genuine and continuing relationship), you transition to the permanent Partner visa (subclass 801).

The key advantages of onshore are immediate work rights and Australian residency from the moment your 820 is granted. You can stay with your partner, establish your career, and prove your relationship while in Australia. Current processing times for the onshore pathway average 12–16 months from application to 820 grant, then a further 12–18 months for transition to 801. In total, you can expect 24–34 months to achieve permanent residency.

Cost-wise, onshore is more affordable upfront. The visa application fee for 820 is approximately $2,500–$3,000, plus professional migration agent fees if you use one ($2,000–$5,000 depending on complexity). Overall, expect $5,000–$8,000 in direct costs.

Offshore Partner Visas: 309 (Provisional) and 100 (Permanent)

Offshore partner visas are for applicants who are outside Australia when they lodge their application. You first receive a Provisional Partner visa (subclass 309), which allows you to travel to Australia and remain for the duration of processing. The offshore pathway is typically longer—current processing times average 18–24 months for 309 grant, then a further 12–18 months for transition to the permanent subclass 100 visa. Total time to PR is 30–42 months.

The offshore pathway does not grant immediate work rights. While on your 309 visa, you cannot legally work in Australia without applying for work rights, which requires an additional application and fee (approximately $650–$800). This is a significant drawback if you intend to contribute to the household income while your application is processing.

Offshore application fees are similar to onshore ($2,500–$3,000), but the extended processing time and additional work-rights application push total costs to $6,000–$10,000. Additionally, offshore applicants often incur higher partner sponsorship costs, as the Australian sponsor must demonstrate greater financial capacity to support you (generally $35,000–$45,000+ household income, depending on dependents).

Bridging Visas and Work Entitlements

One critical difference lies in bridging visa entitlements. When you lodge an onshore 820 application, you're eligible for a Bridging visa A (BVA), which grants immediate work rights while your application is being processed. This means you can legally work full-time from day one—a massive advantage for financial stability and relationship building.

Offshore applicants lodging a 309 application do not automatically receive work rights. You must hold the 309 grant to enter Australia, and even then, you need to apply separately for work rights. During the 309 processing phase while still offshore, you cannot work legally in Australia. This makes offshore less attractive for couples who depend on dual income.

Financial Requirements and Sponsorship Obligations

The Australian partner (sponsor) must meet income requirements and demonstrate capacity to support the migrant partner. For onshore applications, the income threshold is generally $35,000+ per year for a couple. For offshore applications, requirements are slightly higher ($40,000+), reflecting the Department's greater scrutiny of offshore cases and longer processing times.

Both pathways require the sponsor to lodge a formal declaration of support and repayment agreement. Sponsors are legally responsible for supporting the partner for a period (typically 2 years for 820, 10 years for 801) or for repaying any welfare benefits the partner receives. This is taken seriously by the Department and breaches can result in significant penalties.

Evidence Requirements: Are They Different?

Evidence of a genuine and continuing relationship is critical for both pathways. You must demonstrate financial, social, household, and commitment evidence (often called the "four elements"). The evidence burden is broadly similar, but offshore applicants face slightly closer scrutiny because they haven't been cohabiting in Australia during processing. Onshore applicants can demonstrate relationship continuity throughout their 820 processing period, which often simplifies the 801 transition.

So Which Should You Choose?

Choose onshore (820/801) if: You're already in Australia on a valid visa; you want to work immediately; you want faster overall processing; you can afford the sponsorship support commitment; you want to build your relationship evidence while in Australia.

Choose offshore (309/100) if: You're outside Australia and cannot obtain a valid Australian visa to stay; you're prepared for longer processing times; your sponsor has strong financial stability; you're willing to navigate separate work-rights applications; you cannot relocate to Australia before lodging.

For most couples, onshore is the simpler, faster, and financially advantageous pathway. However, if you're currently unable to be in Australia on a valid visa, offshore remains a legitimate and ultimately successful route to permanent residency.