The onshore vs offshore partner visa decision involves more than where you would prefer to wait.
Your location, current Australian visa, conditions and immigration history can determine which pathway is available.
Plans during processing also matter.
The two main pathways are 820/801 for applications made in Australia and 309/100 for applications made outside Australia.
Both can lead to permanent residence, but the journey can be quite different.
Engaged couples should also consider the Prospective Marriage visa (subclass 300), which starts with an offshore application.
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- 820/801: you must be in Australia when you lodge the application.
- 309/100: you must be outside Australia when you lodge.
- A 309 applicant can now be in or outside Australia when the temporary visa is decided.
- An eligible 820 applicant may receive a Bridging Visa A after lodging.
- Ministerial Direction 117 currently gives higher processing priority to qualifying onshore Partner applications.
- Your current visa conditions can make an onshore application impossible or much more complicated.
- Fiancé visa 300: apply outside Australia, then consider 820/801 after marriage; grant can occur in or outside Australia.
Onshore vs offshore partner visa: the basic difference
| Issue | 820/801 Onshore | 309/100 Offshore | 300 Prospective Marriage |
|---|---|---|---|
| Location at temporary visa grant | In or outside Australia; not immigration clearance | In or outside Australia; not immigration clearance | In or outside Australia; not immigration clearance |
| Location when applying | Must be in Australia | Must be outside Australia | Must be outside Australia |
| Temporary stage | Subclass 820 | Subclass 309 | Subclass 300 |
| Permanent stage | Subclass 801 | Subclass 100 | Separate 820/801 application after marriage |
| Base application charge | AUD $11,710 for most applicants* | AUD $11,710 for most applicants* | AUD $11,710 for most applicants* |
| Bridging visa while waiting | May be available | Not created by the 309 application | Not created by the 300 application |
*Usual base charge at 27 October 2026; this is not the minimum for every applicant.
Different rates can apply, including for eligible Pacific-regional passport holders and qualifying subclass 300 pathways.
Additional applicants and other costs may increase the total. Check the current Home Affairs charge before paying.
Onshore vs offshore partner visa: choosing 820/801
The 820/801 pathway can suit someone who is already lawfully in Australia and is eligible to make a valid Partner visa application here.
Home Affairs says eligible 820 applicants who held a valid substantive visa at lodgement are granted a Bridging Visa A (BVA).
The BVA can keep you lawful after your current visa expires while the Partner application is processed.
Check your bridging visa grant notice and when it takes effect.
That can make the onshore pathway attractive for couples who are already living together in Australia.
However, never assume that being physically in Australia automatically means you can lodge an 820.
Your existing visa conditions must be checked first.
Onshore vs offshore partner visa: choosing 309/100
For a subclass 309 application, you must be outside Australia when you lodge.
You may be inside or outside Australia when the temporary 309 is granted, but not in immigration clearance.
The offshore pathway can suit an applicant who lives overseas or cannot validly lodge an 820 in Australia.
It may also suit someone intending to live overseas during at least part of processing.
A pending 309 application does not itself give you permission to live in Australia.
If you visit on another visa while the 309 is processing, comply with that visa and stay lawful.
- Outside Australia: lodge a valid 309/100 application.
- Want to visit Australia while waiting? Obtain an appropriate visa and comply with its conditions.
- At 309 grant: you may be inside or outside Australia, but not in immigration clearance.
Onshore vs offshore partner visa: where does fiancé visa 300 fit?
The Prospective Marriage visa (subclass 300) is a separate route for couples who intend to marry.
You must be outside Australia when applying for the 300; there is no onshore 300 application route.
At grant, you may be inside or outside Australia, but not in immigration clearance.
Being engaged alone does not establish eligibility for an 820 or 309.
If you are engaged and already in Australia
Check whether you qualify for an onshore 820 as a spouse or de facto partner and can make a valid application.
If you need the 300 route, get advice on departure, your current visa and re-entry before making travel plans.
A pending 300 application does not itself provide a bridging visa or permission to remain in Australia.
Onshore vs offshore partner visa: after a 300 grant
Both partners must be at least 18 and have met in person since turning 18.
The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen.
You must genuinely intend to marry within the visa period and live together as spouses. Other criteria also apply.
The 300 normally allows 9 to 15 months from grant; check the expiry date in your grant letter.
After marriage, apply for 820/801 in Australia before your 300 expires if you want to settle here.
This is a separate application, not automatic permanent residence. A further Partner visa charge applies.
A lower Partner application charge can apply while you hold the 300, subject to the applicable fee category.
Bridging visas can change the onshore vs offshore partner visa decision
The bridging visa system is a major practical difference in the onshore vs offshore partner visa comparison.
An eligible 820 applicant may move onto a BVA when their substantive visa expires.
A BVA does not provide a right to leave Australia and re-enter.
If you need to travel while relying on a BVA, obtain an appropriate Bridging Visa B (BVB) before departure.
Leaving Australia while relying on a BVA can cause it to cease.
A BVB has a defined travel period; check the grant notice before booking travel.
Someone waiting for a 309 must rely on another valid visa if they enter Australia before the decision.
Check for a No Further Stay condition
Before choosing an onshore Partner visa, check for conditions such as 8503 — No Further Stay.
A No Further Stay condition prevents most substantive visa applications while you are in Australia.
A waiver may be available in limited circumstances; never assume approval.
Where required, the waiver must be approved before an onshore application.
If it cannot be waived, leaving Australia and considering the offshore pathway may be necessary.
Get advice on departure and re-entry consequences first.
What if your Australian visa has already expired?
This is another situation where the onshore vs offshore partner visa comparison becomes more complex.
An applicant without a substantive visa may face additional Schedule 3 requirements for an onshore Partner visa.
A genuine relationship does not automatically remove Schedule 3. Depending on the particular criterion, compelling reasons may need to be established.
If your visa has expired, Millennium Migration recommends assessing the immigration history before lodging anything.
Is the onshore pathway faster in 2026?
There is now an important processing-priority difference.
Ministerial Direction 117 replaced Direction 102 on 25 July 2026.
It prioritises Family applications made while the primary applicant was in Australia for a visa grantable while they are here.
Home Affairs identifies onshore 820/801 applications as the highest Partner visa priority.
Offshore 309/100 and Prospective Marriage 300 applications have lower priority.
This does not guarantee that every 820 will be decided faster than every 309.
Individual circumstances, evidence, checks and application completeness still matter.
Check your current visa, conditions, immigration history and relationship eligibility.
If something prevents a valid application, get advice before lodging or departing.
Check relationship and sponsor eligibility, then plan where you will live during processing.
A pending application does not give you permission to enter or stay in Australia.
Engaged and not eligible as spouses or de facto partners? Consider the offshore 300 route before an onshore 820/801 after marriage.
Take our Partner visa quiz for the 820/801, 309/100 and Prospective Marriage 300 pathways.
DO THE QUIZ & SEE YOUR CHANCE →FAQs: onshore vs offshore partner visa
Can I lodge an 820 while outside Australia?
No. You must be in Australia when you apply for the Subclass 820.
Can I lodge a 309 while inside Australia?
No. You must be outside Australia when you lodge the Subclass 309 application.
Do I have to be overseas when my 309 is granted?
No. Home Affairs currently states that you may be inside or outside Australia when the temporary 309 application is decided.
Does lodging an 820 automatically let me stay in Australia?
Eligible applicants who held a substantive visa at lodgement are generally granted a BVA.
It can take effect after the current visa expires.
Lodgement alone is not a visa; check your grant notice and current status.
Which pathway is better?
Neither is universally better.
Consider your location, current visa, conditions, immigration history, travel plans and relationship circumstances.
Is the fiancé visa 300 an onshore or offshore application?
Apply outside Australia. At grant, you may be in or outside Australia, but not in immigration clearance.
Does the 300 automatically become a permanent Partner visa?
No. After marriage, make a separate 820/801 application in Australia before the 300 expires, meeting the applicable requirements.
820, 309 or 300? Check before you lodge
The wrong assumption about your current visa or location can create a major problem.
Millennium Migration can assess which Partner visa pathway fits your circumstances.
Free Visa AssessmentBook Consultation 📥 DIY Review PackageSam Lotfollahi, MARN 0901704, is the founder of Millennium Migration.
Millennium Migration assists with Partner visa eligibility, sponsorship, evidence and onshore or offshore application strategy.
Sources
- Home Affairs — subclass 820 (onshore temporary stage)
- Home Affairs — subclass 309 (offshore provisional stage)
- Home Affairs — subclass 300 (Prospective Marriage)
- Home Affairs — family visa processing priorities
- Home Affairs — Partner visa FAQs
- Home Affairs — travel on a bridging visa
- Home Affairs — No Further Stay waiver
- Migration Regulations 1994 — fees, application location and Partner visa criteria
General information only, current as at 27 October 2026.
A valid Partner application depends on your current visa, conditions and immigration history.
Millennium Migration can provide advice based on your circumstances.