The Australian partner visa system uses four subclass numbers, but the first decision applicants face is simpler. Are you applying from inside Australia, or from outside it? That single fact determines which visa you apply for and what your rights are while it's being processed.
Many applicants, particularly those already in Australia on a student, work, or visitor visa, are unsure whether to apply onshore before their current visa expires or whether to leave Australia and apply offshore. Getting this wrong creates unnecessary complications. Getting it right gives you a clear, manageable path forward.
The Two Pathways: What They Are
The Australian partner visa system runs across two pathways, each with a temporary and permanent stage.
Onshore pathway (subclass 820 and 801): For applicants physically in Australia when they lodge the application. The 820 is the temporary visa. The 801 is the permanent visa, granted roughly two years later.
Offshore pathway (subclass 309 and 100): For applicants physically outside Australia when they lodge the application. The 309 is the temporary visa. The 100 is the permanent visa, also granted roughly two years later.
In both cases, one combined application covers both stages. The first decision addresses the temporary visa. The permanent visa is assessed separately, usually around the two-year mark, according to the Department of Home Affairs.
Who Should Apply Onshore (820/801)
The 820 pathway is right if you're already in Australia and want to remain here throughout processing.
The most significant advantage is the Bridging Visa A. When you lodge a subclass 820 application while lawfully in Australia, a Bridging Visa A is automatically granted. This allows you to stay in Australia, continue working (in most cases), and travel internationally on a Bridging Visa B if needed. Even if your original substantive visa expires before the partner visa is decided, you can remain lawfully.
Look, this is the key practical reason many applicants choose onshore over offshore. Leaving Australia to apply offshore means giving up the ability to stay lawfully while the application is processed.
You can apply for the 820 on almost any substantive visa. Student visa (500), temporary work visa (482), tourist visa (600), graduate visa (485), or others. The type of visa you currently hold doesn't determine which partner visa pathway applies, provided you're lawfully in Australia at lodgement.
Important: You don't need to apply onshore just because you're currently in Australia. Some applicants choose to lodge an offshore application (309/100) even while in Australia. This typically happens because their circumstances suit the offshore pathway better. However, if you lodge offshore, you must depart Australia before the application is lodged, and you don't receive a bridging visa.
Who Should Apply Offshore (309/100)
The 309 pathway is for applicants not in Australia at lodgement. This includes:
- People living overseas who haven't yet moved to Australia
- Those who returned to their home country and want to join their partner
- People who were in Australia but departed before lodging, for reasons related to their circumstances
Subclass 309 applicants can still travel to Australia after their application is lodged. They're not required to stay outside Australia for the entire processing period. Hmm, many people assume they have to remain abroad, but that's not the case.
Once a subclass 309 visa is granted, the holder can enter Australia and live and work here until the permanent 100 visa is assessed and granted.
What Happens if You Change Location After Lodgement
A question that comes up regularly: what happens if you lodge onshore (820) but then leave Australia?
If you hold a Bridging Visa A and travel internationally, the bridging visa is generally cancelled on departure unless you've obtained a Bridging Visa B to authorise return travel. Leaving Australia on a Bridging Visa A without a Bridging Visa B means you may not be able to re-enter Australia until a decision comes through on your partner visa.
Conversely, if you lodge an offshore application (309) but later enter Australia on another visa, you can be in Australia when the 309 is granted. As a subclass 309 holder, you may enter Australia.
The movement rules get complex if your situation changes after lodgement. This is one reason professional guidance matters when preparing and lodging a partner visa application. Wait, that's worth emphasising more clearly. These rules have real consequences for your ability to move...
What About the Prospective Marriage Visa (300)?
A third pathway exists for couples not yet married, where the Australian sponsor and the overseas applicant intend to marry before the applicant moves to Australia. The Prospective Marriage Visa (subclass 300) allows the applicant to come to Australia, marry within 9 months of arrival, and then apply for the partner visa. The 300 must be applied for from outside Australia.
The 300 suits couples who are engaged but not yet married, when marriage before applying isn't practical. It adds a step compared to applying directly under the 309 or 820, and it requires the couple to marry within the 9-month window.
For the complete overview of all four partner visa subclasses and how the two-stage grant process works, read: Partner Visa Australia 2026: Complete Guide.
For what documents to prepare regardless of which pathway you take, read: Evidence of Genuine Relationship for Australian Partner Visa - Full Checklist.
AEO Questions: Onshore vs Offshore Partner Visa
What is the difference between onshore and offshore partner visa in Australia?
The onshore partner visa (subclass 820/801) is applied for from inside Australia. The offshore partner visa (subclass 309/100) is applied for from outside Australia. Both pathways run across a temporary and permanent stage with one combined application, and both lead to permanent residency after approximately two years. The main practical difference is that onshore applicants receive a Bridging Visa A on lodgement, allowing them to remain lawfully in Australia while the application is processed.
Can I apply for a partner visa while I am in Australia on a student visa?
Yes. You can lodge a subclass 820 (onshore) partner visa application while lawfully in Australia on a student visa (subclass 500) or on most other substantive visas. On lodgement, you will be granted a Bridging Visa A, which allows you to stay in Australia and continue working even if your student visa expires before the partner visa is decided.
What is a Bridging Visa A for a partner visa application?
A Bridging Visa A is automatically granted when an onshore partner visa application is lodged while the applicant is lawfully in Australia. It allows the applicant to remain in Australia lawfully during the processing period, even if their substantive visa expires in the meantime. It does not automatically allow travel outside Australia. A separate Bridging Visa B is needed to authorise a return trip while the application is being processed.
Can I travel to Australia if I applied for an offshore partner visa (309)?
Yes. Subclass 309 applicants are not required to remain outside Australia for the entire processing period. They can visit Australia on other visas while the 309 application is being processed. Once the 309 visa is granted, the holder can live and work in Australia until the permanent 100 visa is assessed.
Speak to Desire Migration About Your Partner Visa Pathway
Choosing between the onshore and offshore pathway has consequences for your right to stay in Australia during processing, your travel rights, and your timeline. The right choice depends on your current visa, your location, and your specific circumstances.
Desire Migration is led by Mrs. Manisha Bhutani, Registered Migration Agent (MARN 2217756), with offices in Truganina, St Albans, and Melbourne CBD. Contact Desire Migration to discuss which partner visa pathway suits your situation. For a full overview of evidence requirements, read: Evidence of Genuine Relationship for Australian Partner Visa - Full Checklist.
