820 vs 309: onshore or offshore?

The 820 is for couples already living together in Australia.

The 309 is for couples where the applicant is outside Australia (or willing to leave) when the application is lodged.

Stability versus flexibility

The 820 gives you stability. Once you lodge, you have legal permission to be in Australia, work, and use Medicare. You know where you are sleeping every night. The downside is that you are effectively stuck. Leaving Australia requires a paperwork ritual every time, and many people find they cannot easily travel home for family emergencies, weddings, or funerals without burning weeks on bridging visa logistics.

The 309 gives you flexibility. You can be anywhere in the world during the wait. You can spend the time near family, work remotely, travel, or simply continue the life you had before the visa application. The downside is that you have no automatic right to be in Australia during the wait, so visiting your partner means visitor visas, with all their restrictions on work, study, and length of stay.

If you and your partner are already living together in Australia and have built a life here, the 820 is the path that protects that life. If you are not yet in Australia or are willing to spend a year or two abroad, the 309 is the path that does not trap you.

Medicare and work rights now versus later

The 820 unlocks Medicare and full work rights from the day it is granted, even though it is technically a temporary visa. Most 820 holders are in Australia, working, paying taxes, and using Medicare for the entire 2-year wait between temporary and permanent stages.

The 309 does the same, but only after the 309 itself is granted, which can be months after lodgement. Between lodging the 309 and getting it granted, the applicant has no special partner-visa work rights. They rely on whatever visa they currently hold. For someone outside Australia, this matters less. For someone inside Australia on a temporary visa who plans to leave to lodge the 309, it can mean weeks or months without local employment.

The first entry catch

The 820 has no first entry deadline because you are already in Australia.

The 309 does, if you are outside Australia when it is granted. You will get a letter saying you must enter Australia by a specific date, typically months in the future, sometimes shorter. Miss it, and your visa becomes subject to cancellation. This catches people during the wait when they assume the grant just happens passively. Plan to be in a position to fly within a few weeks of the grant if you are offshore. People have missed first entry dates because they bought a non-refundable holiday during the wait or were stuck somewhere they could not easily leave.

The 820 is the natural fit. The applicant is in Australia, has a substantive visa? to lodge from, and once they lodge they get a Bridging A and can keep working while they wait. Leaving Australia mid-wait is possible but requires a Bridging B. Couples in this shape almost always go 820 unless there is a specific reason to leave.

The 309 is the path. The applicant lodges from their home country, continues life there, visits Australia on tourist visas during the wait if possible, and enters Australia permanently once the 309 is granted. The 309 is also the path if the applicant has lived in Australia before, gone home, and wants to formalise the relationship before returning.

This is a strategic call. People sometimes consider leaving Australia briefly to lodge the 309 if their current visa is problematic for lodging the 820 (for example, if they have a Schedule 3? issue, certain student visa conditions, or are facing visa expiry). The trade is real: lodge the 309 from offshore and you give up the automatic bridging visa that comes with the 820. This is the kind of decision that needs a registered migration agent? walking through your specific facts.

The 309 is the path. The Australian partner does not need to be in Australia at the time of lodgement. The applicant lodges from offshore, both wait together, and both move to Australia once the 309 is granted (the Australian partner can move at any time as a citizen, of course).

Schedule 3 is a real risk on the 820, almost never on the 309

If you lodge the 820 from inside Australia without holding a substantive visa? (because yours has expired), you fall into a category called Schedule 3?. To overcome Schedule 3?, IMMI? requires compelling and compassionate reasons to grant the visa, on top of the normal partner visa criteria. Most refused 820s are refused because of Schedule 3? issues, not relationship doubt. The 309 avoids this entirely because you are outside Australia, where Schedule 3? does not apply. People who are inside Australia on an expired visa, or with a visa about to expire, sometimes leave Australia specifically to lodge the 309 rather than risk a Schedule 3? issue on the 820.

The “No further stay” condition can block an 820

Some Australian visas (commonly student visas and visitor visas) have a No further stay? condition attached, sometimes called 8503. If your current visa has 8503 on it, you cannot lodge an 820 from inside Australia. You either need to get the condition waived first (rare and slow) or leave Australia and lodge the 309 instead.

The 309 first entry date is in the grant letter, not negotiable

When the 309 is granted, IMMI? specifies a date by which the applicant must enter Australia. It is usually months in the future, sometimes shorter. Once the date passes without entry, the visa is at risk of cancellation. The date cannot be extended in advance. Plan your travel and accommodation to be in a position to fly within a reasonable window after the grant.

Bridging A on the 820 ceases the moment you leave Australia without a Bridging B

If you have an 820 application lodged and a Bridging A keeping you legal in Australia, leaving the country without converting to a Bridging B (subclass 020) means your Bridging A ends the moment you step on the plane. To return, you would need a separate visa. The Bridging B is straightforward to apply for, but it takes some processing time and must be in place before you leave.

You cannot withdraw and re-lodge to switch streams

Some people, after lodging the 820, wonder if they should have lodged the 309 (or vice versa). You cannot withdraw an 820 and re-lodge as a 309. The choice is made at lodgement and stays made. If circumstances change (you decide to live elsewhere), you can withdraw and stop the application, but lodging a new one with the other stream requires starting again, paying again, and starting the 2-year clock again.

Can I switch from a 309 to an 820 after my visa is granted?

No, and you do not need to. The 309 already gives you full work rights, Medicare access, and indefinite stay in Australia once you enter. You stay on the 309 until the 100 (permanent stage) is granted two years after original lodgement. The 820 and 309 are the same stage of the same visa, just lodged from different sides of the border.

Which is faster, the 820 or the 309?

Processing times vary by year, country of origin, and individual circumstances. Historically the 820 has run slower than the 309 because the onshore queue is larger and includes Schedule 3? cases. The 309 is often described as faster, but the gap has narrowed in recent years. Check the current processing time guide on IMMI?'s website when you are planning.

What evidence do I need for a partner visa?

The same evidence for both the 820 and the 309. Four categories: financial (joint accounts, shared bills, shared assets), household (lease in both names, shared utilities, shared chores), social (recent dated photos, people who know you as a couple, joint travel), and commitment (statutory declarations, future plans, treating each other as partners in everyday life). IMMI? is looking for a genuine and continuing relationship, not a checklist.

Do I need to be married to apply for a partner visa?

No. You can apply as a married couple or as de facto? partners. De facto? generally requires 12 months of cohabitation before lodgement, with exceptions if your relationship is registered with an Australian state or territory, or if there are compelling circumstances. Marriage avoids the 12-month rule but is not required.

Can I work on an 820 or 309 while I wait for the permanent stage?

Yes. Both the 820 and the 309 give you full work rights from the moment of grant. The bridging visa attached to an 820 application also generally carries full work rights for partner visa applicants. You can work for any employer in any industry.

What happens if my relationship ends during the wait?

If the relationship ends before the permanent stage (801 or 100) is granted, you are generally no longer eligible for the permanent visa through that pathway. Exceptions exist for family violence and for cases where the sponsor has died. If your circumstances change, speak with a registered migration agent? immediately.

Can the Australian partner sponsor multiple times?

Australian partners can sponsor only a limited number of partners over their lifetime. The current rule is generally two sponsorships, with at least five years between them, with exceptions for compelling circumstances. If your Australian partner has previously sponsored another partner, this can affect your application.

What if my current visa expires before the 820 is decided?

If you lodged the 820 before your substantive visa? expired and your Bridging A was granted, the Bridging A keeps you legal in Australia until the 820 is decided. You do not need to do anything to extend it. If your substantive visa? expired before you lodged the 820, you are in Schedule 3? territory and the application is much harder to get granted. Get a registered migration agent? involved if this is your situation.