Visa 820 vs 309 — onshore or offshore: which partner visa fits your situation?

The Australian partner visa has two doors: the 820/801 lodged inside Australia (onshore) and the 309/100 lodged from outside (offshore). Same purpose, same fee, same destination of permanent residence — but the waiting experience is radically different: one path lets you live, work and hold Medicare in Australia while you wait; the other means waiting in Vietnam.

Choosing wrong doesn’t just cost time — in some situations it costs the right to apply at all. Here is the side-by-side.

The foundational difference: where you are when you lodge

• 820: you must be in Australia at lodgement (and at grant). Critically, you must hold a visa that allows lodgement — not every visa does (see the risk section).
• 309: you must be outside Australia at lodgement. You can visit your partner on a visitor visa during processing — but your main residence stays offshore.

Side by side

*Processing figures move monthly — check the Department’s official tool when you lodge. Note: the 1 July 2026 indexation raised partner visa fees by about 25% (unusually steep versus the usual 2–5%).

The 820’s biggest advantage: life doesn’t stop

Lodge the 820 and you receive a Bridging Visa A — taking effect when your current visa expires, letting you stay lawfully in Australia with full work rights for the entire wait (possibly 1–2 years). With it comes interim Medicare: onshore partner applicants are eligible to enrol as soon as they lodge — a significant benefit many never claim (attend Services Australia in person with your passport, lodgement receipt and BVA letter).

A BVA caveat: it is not a travel document — leaving Australia on a BVA without first obtaining a Bridging Visa B means you cannot return on it.

The 309’s advantages: legally clean, natural for those not yet in Australia

• No Schedule 3 / section 48 exposure — the two biggest traps of onshore files.
• Recent median processing slightly faster than the 820 (indicative).
• A natural fit when the applicant lives in Vietnam: no engineering a trip to Australia on a tourist visa to switch streams — an approach with its own risks (below).

The trade-off: the waiting months are months apart (or short visits on visitor visas), with no Australian work rights and no Medicare.

Three real-world situations — and straight advice

1. You are in Australia on a valid visa (student, 485, work)

The 820 is usually the natural choice: lodge while your current visa is valid → receive the BVA → keep living and working. Check first: does your current visa carry condition 8503 (No Further Stay) — if so, a waiver must be obtained before lodging; and make sure you have never had an onshore visa refusal (section 48).

2. You are in Vietnam

Do not try to “fly to Australia on a tourist visa to lodge an 820”. First, 600 visas are often granted with 8503 where settlement intent is apparent. Second, entering on a visitor visa with the real intention of staying to lodge a partner application can be read as misrepresenting your purpose of entry — a PIC 4020 risk hanging over the whole future file. Lodging the 309 from Vietnam is the clean path; during processing you can still visit on visitor visas (declared honestly as visits).

3. You are in Australia but your visa is about to expire — or already has

This is the danger zone needing immediate advice: lodging an 820 after your visa has expired triggers Schedule 3 (compelling reasons required — heavily refused); a previous onshore refusal triggers the section 48 bar — potentially removing the onshore option entirely, leaving only a return to Vietnam to lodge a 309. The earlier you act, the more options remain.

Frequently asked

Waiting on a 309, visiting Australia — can I just lodge an 820 and stay? Technically a parallel 820 may be possible if you qualify — but two parallel files mean double fees and self-inflicted complexity. Decide on specific advice, not convenience.

Marry first, or apply as de facto? Both streams work for both the 820 and 309. De facto requires 12 months of de facto relationship (or registration). Marriage has no 12-month rule — but the relationship must be proven genuine all the same.

What about the 300 (Prospective Marriage) visa? The third door for unmarried couples: lodge from Vietnam, travel to Australia within its 15-month validity, marry within the prescribed window (currently the first 9 months — check current rules), then lodge the 820 onshore at a substantially reduced fee. Suits couples who want the wedding in Australia.

The bottom line

820 vs 309 is not “which is better” — it is where you stand, what visa you hold, and which trade-offs you accept. The short version: lawfully in Australia on a clean visa → the 820 usually wins on BVA + work rights + Medicare; living in Vietnam → the 309 is the clean path, don’t detour through a tourist visa; visa expiring/expired or a past refusal → stop and get advice before doing anything.

Not sure which situation is yours? Book a free assessment with VisaAffairs — 15 minutes to pick the right door before putting AUD 11,710 on the table.

References

• Department of Home Affairs — Partner visa (onshore) 820/801 — official requirements.
• Department of Home Affairs — Partner visa (offshore) 309/100 — official requirements.
• Global visa processing times — updated monthly.

This article is general information current at publication; fees are indexed every 1 July and processing times move monthly. Check the date and contact VisaAffairs before relying on it for your own case.