What Is the Difference Between the 820 and 309 Partner Visas?

Where must the applicant be for the 820 and 309 partner visas?

For the Subclass 820, the applicant must be in Australia, and not in immigration clearance, when the application is lodged and when the visa is granted. For the Subclass 309, the applicant must be outside Australia when the application is lodged and, generally, when the visa is granted, under clause 309.412. Lodging the wrong subclass for the applicant's location can make the application invalid. Our pages on the Subclass 820 visa and the Subclass 309 visa explain how the firm acts on each.

Does the applicant get a bridging visa with each partner visa?

An onshore Subclass 820 applicant who lodges a valid application while holding a substantive visa is usually granted a bridging visa, which comes into effect when the current visa ends and lets the applicant stay in Australia during processing. A Subclass 309 applicant does not receive a bridging visa, because they wait outside Australia. Our article on partner visa bridging visa work rights explains what the onshore bridging visa allows.

What extra rules apply to the Subclass 820 but not the Subclass 309?

Extra rules apply to the Subclass 820 because the applicant is in Australia. An applicant without a substantive visa must generally meet Schedule 3 criteria. A visa with condition 8503 No Further Stay must be waived before applying, and an applicant refused a visa in Australia may be affected by section 48. None of these restrictions apply to the Subclass 309, which is why the offshore path is sometimes safer even for a couple living in Australia. Our article on Schedule 3 criteria for a partner visa explains the most common of these onshore restrictions.

Can a Subclass 309 applicant visit Australia during processing?

A Subclass 309 applicant can generally visit Australia during processing on a visitor visa, if one is granted. The applicant must then be outside Australia when the Subclass 309 is decided, so visits need to be planned around the expected decision. Our article on offshore partner visa lodgement mistakes covers the travel errors that most often delay a grant.

Is the 820 or 309 partner visa processed faster?

Neither the 820 nor the 309 partner visa is processed at a fixed speed, because processing times differ between the two and change over time. The Department publishes processing times for each subclass, and the time for an individual application depends heavily on whether it is complete at lodgement. Our article on partner visa processing times explains what affects the wait.

How can My Migration Lawyers help you choose between the 820 and 309 partner visas?

My Migration Lawyers decides between the Subclass 820 and Subclass 309 by looking first at the applicant's visa history, current visa conditions and travel plans, not just where the couple lives today. Where an onshore application carries Schedule 3, condition 8503 or section 48 risk, the firm compares that risk with the inconvenience of an offshore application and advises on the safer path before anything is lodged.