We always question, which subclass of partner visa is suitable for me. There is no one answer that fits all. It depends on your personal circumstances and future plans that predominantly guide you in the decision-making process. It’s important to remember that each individual’s situation is unique, and it’s essential to carefully consider your specific circumstances before applying for any visa.
When comparing the Subclass 820 and Subclass 309 partner visas in 2025, the fundamental differences remain cantered on the visa applicant’s location whether you are in Australia or overseas at the time of lodgement of the visa application.
Here’s a breakdown of the key points, keeping in mind that immigration regulations can change, so it is always best to consult a Registered Migration Agent. You should also refer to the Department of Home Affairs website.
Core Differences:
- Subclass 820 (Onshore):
- You opt for this subclass if you are already in Australia.
- A significant advantage is that you will be granted a bridging visa, allowing the visa applicant to stay in Australia while their application is processed.
- You will be eligible to enrol for Medicare.
- You can either be in Australia or offshore at the time of grant.
- Subclass 309 (Offshore):
- This is for individuals who are outside Australia when they apply.
- The visa applicant generally remains outside Australia until the Subclass 309 visa is granted.
- You may be granted a bridging visa in limited circumstances as a result of an offshore application. However, to be granted a bridging visa, you must be in Australia and wish to continue to stay while your 309 is being processed.
- You can either be in Australia or offshore at the time of grant.
Key Considerations:
- Relationship Requirements:
- Both visa types require proof of a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Two-Stage Process:
Both the 820 and 309 are temporary visas. Although it said that both 820/801 and 309/100 are lodged at the same time, however they serve as the initial step towards obtaining permanent residency i.e. 2nd stage of the visa through the Subclass 801 or Subclass 100 visas, respectively.
Typically, applicants can apply for the permanent visa stage approximately two years after lodging the initial temporary visa application.
- Processing Times:
- Processing times can vary significantly for both visa subclasses.
- Factors influencing processing times include the completeness of the application, the complexity of the case, and the volume of applications being processed.
- You may check the Home Affairs website for the most up-to-date processing times.
- Staying Informed:
- Seeking advice from a registered migration agent can also be highly beneficial. You can contact EMC Australia for honest advice.
Key Comparative Points:
| Feature | Subclass 820 (Onshore) | Subclass 309 (Offshore) |
| Location at Application | In Australia | Outside Australia |
| Location at Grant | In Australia or Outside | In Australia or Outside |
| Bridging Visa Availability | Yes | No |
| Processing Times | Can vary considerably, you may expect it to 3-24 months. Refer to the Home Affairs website for the current processing time. | Can vary considerably, you may expect it to 3-24 months. Refer to the Home Affairs website for the current processing time. |
| Initial Entry | If already in Australia on a valid visa, then that visa is valid. If your valid visa expires, then a bridging visa is granted | Must wait for the 309 visa to be granted before entering Australia or must have some other visa to enter Australia |
| Permanent Visa stage application timing | 2 years after the initial application. | 2 years after the initial application. |
Don’t risk your application, contact EMC Australia (EMC-Education & Migration Centre) to assist you with the application process. Your trusted partner with proven success.
Email: admin@emcaustralia.com.au
WhatsApp: +61 478 278 410
Phone: +61 3 902 87 444
Consultation: https://calendly.com/emcaustralia
