Partner Visa: Where You Apply Changes Everything

One of the first questions couples preparing to immigrate to Australia face is "where do you apply?" Even for the same Partner Visa, the visa number, right to stay, and overall experience through to permanent residency differ completely depending on which country you're in at the time of application. This is not simply a difference in where you submit paperwork - it's a strategic choice that determines whether you can remain in Australia during the initial period. Below is a detailed comparison of both pathways based on the latest 2026 standards.

The Structure of Both Pathways: 820/801 vs 309/100

The Australian Partner Visa is a two-stage integrated structure where both a temporary and a permanent visa are applied for at the same time.

Onshore (applied within Australia): Subclass 820/801 This pathway is available to applicants who are currently in Australia on a valid visa. The 820 (temporary) and 801 (permanent) are lodged simultaneously, and a Bridging Visa A (BVA) is set on standby immediately upon application.

Offshore (applied from overseas): Subclass 309/100 This pathway is for applicants residing outside Australia, such as in Korea. The 309 (temporary) and 100 (permanent) are applied for together, and the process involves entering Australia after visa approval.

As of 2026, the government application fee for both pathways is AUD $9,365, and must be paid in full at the time of lodgement. Since it is non-refundable regardless of the visa outcome, the quality of your initial preparation is critically important.

Onshore Pathway (820/801): Step-by-Step

Stage 1 - Right to Stay Guaranteed from the Moment of Application When you apply for the 820 visa onshore, you are immediately eligible to apply for Medicare. When your existing visa expires, the BVA automatically activates, allowing you to remain lawfully in Australia throughout the processing period. There are no restrictions on work or study, meaning you can continue living together with your partner while waiting for the outcome.

Stage 2 - Temporary Visa (820) Granted With well-prepared documentation, the 820 visa is typically approved within 12 to 20 months. From this stage, you are free to travel in and out of Australia. However, if you need to leave temporarily while on a BVA, you must apply separately for a Bridging Visa B (BVB).

Stage 3 - Permanent Visa (801) Assessment Two years after the initial application date, the 801 permanent residency assessment begins. You must re-demonstrate that the relationship is ongoing, and this additional assessment takes 6 to 15 months.

Double Grant Conditions: If the relationship has been ongoing for 3 or more years at the time of application, or for 2 or more years with children, the temporary and permanent visas may be granted simultaneously.

Bridging Visa A (BVA): The Key Safety Net for Onshore Applicants

The most practically significant difference between the two pathways is whether a Bridging Visa is issued.

When you apply for the 820 visa onshore, the BVA automatically activates at the point your existing visa expires. The most significant practical advantage of the onshore pathway is that throughout the average 12 to 20 months of processing, you can maintain unrestricted work, study, and residency without needing a separate visa.

The 309 visa, by contrast, does not come with a bridging visa due to its offshore nature. If you need to enter Australia before the visa is approved, you must obtain a separate visa such as a tourist visa, and long-term stays are effectively not possible.

One important point to note: if you leave Australia temporarily while on a BVA, you must apply for a BVB in advance. After departing on a BVB and re-entering Australia, you revert to BVA status. Failing to apply for a BVB before departure may result in being unable to re-enter, so if you have plans for overseas business trips or family visits, be sure to check this in advance.

Offshore Pathway (309/100): Step-by-Step

Stage 1 - Apply from Overseas, Enter After Approval Applicants for the 309 visa must be residing outside Australia at the time of application. Unlike the onshore pathway, no bridging visa is issued, so if you need to enter Australia before approval, you must obtain a separate visa such as a tourist visa. Medicare benefits apply from the time you enter Australia on the 309 visa.

Stage 2 - Temporary Visa (309) Granted Approximately 75% of all applications tend to be processed within 21 months. Once the 309 visa is approved, you can reside in Australia without restrictions on work or study.

Stage 3 - Permanent Visa (100) Assessment Identical to the onshore pathway, the 100 permanent residency assessment begins two years after the initial application date. You must again demonstrate that the relationship is ongoing, and the double grant conditions apply equally.

Double Grant Conditions: If the relationship has been ongoing for 3 or more years at the time of application, or for 2 or more years with children, the temporary and permanent visas may be granted simultaneously.

Temporary vs Permanent Visa: How Do the Benefits Differ?

At the permanent visa stage, additional practical settlement benefits become available, including first home buyer assistance, participation in the Adult Migrant English Program (AMEP), free public school education for dependent children under 18, and eligibility to sponsor family members.

How to Choose the Right Pathway for You

If you are currently in Australia on a valid visa and want to begin living with your partner immediately, the 820/801 onshore pathway is the practical choice. Conversely, if you are currently residing in Korea or a third country and want to coordinate your own entry timing, you should consider the 309/100 offshore pathway.

Regardless of which pathway you choose, the documentary standards for proving the genuineness of the relationship are equally strict. The Australian immigration authority comprehensively assesses evidence of financial sharing, cohabitation history, social relationships, and mutual commitment from both applicants.

The Partner Visa carries a total cost of approximately 10 million Korean won, and the application fee is non-refundable regardless of whether the application is approved or refused. Having your documentation and pathway selection reviewed by a professional at the initial stage may ultimately be the most cost-effective decision in the long run.

The Australian Partner Visa is not simply a paperwork exercise. It is a legal process for continuing two people's lives together in one country - which is why getting the direction right from the very beginning matters.

Legal Disclaimer: This post is intended solely for general informational purposes to assist readers in their understanding. As outcomes may vary depending on individual circumstances and applicable laws, we accept no legal responsibility for any results arising from interpreting this content as legal advice or relying upon it. For specific matters, please ensure you consult with a qualified professional.