When applying for an Australian Partner Visa, one of the first decisions you need to make is whether to apply onshore or offshore. At VisaTasker, we regularly receive questions about the differences between these two pathways. Understanding how each option works can help you choose the right pathway for your situation.
What Is an Onshore Partner Visa?
The onshore Partner Visa pathway applies to applicants who are in Australia when they lodge their application. This pathway includes two visa subclasses: Subclass 820 (temporary) and Subclass 801 (permanent).
You must be in Australia when you apply. If the Department grants your application, you will first receive the Subclass 820 visa. This visa allows you to stay in Australia while the Department processes your permanent Subclass 801 visa. In most cases, the Department decides the permanent visa at least two years after the initial application, unless the relationship qualifies as long-term.
What Is an Offshore Partner Visa?
The offshore Partner Visa pathway applies to applicants who are outside Australia when they lodge their application. This pathway also includes two visa subclasses: Subclass 309 (temporary) and Subclass 100 (permanent).
You must be outside Australia when the Department grants the Subclass 309 visa. Once granted, this visa allows you to travel to and live in Australia while the Department processes your permanent Subclass 100 visa.
Onshore vs offshore partner visa Australia – key differences
There are several important differences between the two pathways that may influence your decision.
Location requirements differ significantly. For an onshore application, you must be in Australia when you lodge the application and when the Subclass 820 is granted. For an offshore application, you must be outside Australia when the Subclass 309 visa is granted.
Work and study rights also vary. Once you lodge an onshore application, you may be granted a Bridging Visa that allows you to work and study in Australia while your application is processed. Offshore applicants must wait until their visa is granted before they can live and work in Australia.
Processing times are similar for both pathways, typically ranging from 18 to 30 months for the temporary visa stage. However, your personal circumstances and the completeness of your application can affect processing times.
Which Pathway Should You Choose?
The best pathway depends on your personal circumstances.
The onshore pathway may suit you if you already hold a substantive visa, want to remain in Australia during processing, or meet the requirements to apply while onshore.
The offshore pathway may suit you if you live outside Australia, cannot apply onshore due to visa conditions, or prefer to wait overseas while the Department processes your application.
Important Considerations
Some factors may affect your eligibility.
Certain visa conditions can prevent onshore applications. For example, a “no further stay” condition, such as condition 8503, can stop you from applying for another visa unless the Department grants a waiver.
Schedule 3 requirements may apply if you were unlawful in Australia or held certain visa types. You must show compelling reasons that affect an Australian citizen, permanent resident, or eligible New Zealand citizen.
Costs are the same for both pathways. However, staying in Australia may involve higher living expenses than waiting offshore.
How VisaTasker Can Help
Choosing between onshore and offshore Partner Visa options can be complex, especially when your case involves visa conditions or Schedule 3 issues. Our team can assess your situation and provide clear advice on the most suitable pathway.
Disclaimer: This is general advice only and may not apply to your specific circumstances. For personalised guidance on your visa application, please book a consultation with one of our registered migration agents.
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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