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820/801 vs 309/100: onshore or offshore?

Australia's partner visa pathways each include a temporary and permanent stage, but a grant is never automatic. A key starting question is where the applicant is when the application is lodged, alongside current visa conditions and the couple's circumstances.

The onshore pathway — 820 then 801

If the applicant is in Australia and can validly lodge onshore, the combined application is for the Subclass 820 (temporary) and 801 (permanent) stages.

  • A bridging visa may be granted in connection with a valid onshore application. When it comes into effect and its conditions depend on the person's circumstances.
  • Travel while relying on a bridging visa can require a separate Bridging Visa B. Check the position before booking or leaving Australia.

Applying from South Australia? Our onshore partner visa guide for Adelaide couples explains how the Brisbane-based legal team works remotely, without implying that Salvo has an Adelaide office.

The offshore pathway — 309 then 100

If the applicant is outside Australia when they lodge, the combined application is for the Subclass 309 (temporary) and 100 (permanent) stages.

  • The offshore application does not itself provide a bridging visa. A separate visitor visa may be possible, but it is assessed separately and carries its own conditions.
  • Location requirements at application and decision can change, so check the current subclass criteria rather than relying on older summaries.

Where the applicant is in the Philippines, country-specific civil records, biometrics instructions and departure steps can sit alongside the Australian visa process. Our Philippines-to-Australia partner visa guide separates those practical issues from the subclass criteria.

So which one is "safer"?

Neither pathway is inherently safer. The suitable option depends on where the applicant is, whether a valid application can be made, existing visa conditions, travel plans and the couple's priorities. A preference to remain together does not override the legal criteria.

A visitor visa alongside an offshore application or an onshore application may be possible in some circumstances, but each option has separate criteria, conditions and risks. Check the current rules before committing to a pathway.

Couples who are engaged but not yet married may also need to compare these pathways with the separate subclass 300 Prospective Marriage visa. The partner visa cost guide and processing-times guide explain the distinct budgeting and timing questions. Once you know the likely subclass and where the applicant will be at lodgement, the free Partner Visa Processing Time Estimator™ can build a source-linked planning range.

Not sure which pathway is right for you?

If you are considering legal representation, use a free strategy call to discuss the facts that may affect an onshore or offshore pathway and the proposed scope and fee.

Book your free strategy call →

Published by Salvo Migration, an Australian partner visa law firm headquartered in Brisbane. Meet our partner visa legal team or verify the practice and its solicitors on the Queensland Law Society register. General information only, current at the date of publication — not legal advice. Subclass rules and conditions change; confirm your situation with an authorised legal practitioner or other authorised immigration assistance provider.