What is the difference between an onshore and offshore partner visa?

An onshore partner visa (Subclass 820 to 801) must be lodged while the applicant is in Australia, and grants an automatic Bridging Visa A allowing them to remain and generally work while the application is processed. An offshore partner visa (Subclass 309 to 100) is lodged from outside Australia, and applicants receive no bridging visa since they are not in the country during processing.

Do offshore partner visa applicants get a bridging visa?

No. Bridging visas are only granted to onshore applicants. Offshore applicants for the Subclass 309 visa are not in Australia while their application is processed, so no bridging visa applies, although they may visit Australia on a separate visa such as a Visitor visa.

What is Schedule 3 and how does it affect an onshore partner visa?

Schedule 3 of the Migration Regulations 1994 applies when an onshore partner visa applicant does not hold a substantive visa at the time of lodgement, such as when they are on a bridging visa or their previous visa has expired. It generally requires the application to be lodged within 28 days of the previous substantive visa ending, and applications outside this window can be refused unless a waiver is granted for compelling reasons.

Which is better, an onshore or offshore partner visa?

Neither pathway is inherently better; the right choice depends on where the couple is located. Onshore suits couples already living together in Australia who want continuous lawful stay while their application is processed. Offshore is generally the only option when the applicant is overseas and the sponsoring partner is in Australia.

What Is The Difference Between Onshore And Offshore Partner Visas?

Onshore (820/801) vs offshore (309/100) partner visa Australia explained — bridging visa rights, travel restrictions, Schedule 3 risk, and how to choose the right pathway for your situation.

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Same relationship, same outcome — permanent residency — but two very different journeys to get there. Whether you apply for an onshore or offshore partner visa in Australia comes down to one simple fact: where you physically are when you lodge. That single detail changes your bridging visa rights, your travel options, and even how urgently you need to act.

In short: Onshore applicants (Subclass 820 → 801) must be in Australia when they apply, and are automatically granted a Bridging Visa A, letting them stay and generally continue working while the application is processed. Offshore applicants (Subclass 309 → 100) apply from outside Australia and receive no bridging visa, since they're not in the country while the case is decided.

Onshore: Subclass 820 → 801

You can lodge a Subclass 820 application while lawfully in Australia on almost any substantive visa — student (500), visitor (600), temporary work (482), graduate (485), and others. Your current visa type doesn't determine eligibility; being lawfully present at lodgement does.

The biggest practical advantage is the Bridging Visa A, granted automatically once your 820 is lodged. It activates when your current visa expires and lets you remain in Australia lawfully — often with work rights — while your case is assessed. If you need to leave the country during this period, you'll need a Bridging Visa B first.

Offshore: Subclass 309 → 100

The 309 must be lodged while you're outside Australia, and generally you need to still be offshore when the temporary visa is granted. There's no bridging visa here, since you're not onshore to need one — but you can still visit Australia on a separate visa (like a Visitor visa) while your application is pending, subject to that visa's own conditions.

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The One Trap Onshore Applicants Should Know: Schedule 3

If you're applying onshore without holding a substantive visa at the time of lodgement — for example, you're on a bridging visa, or your last visa has already expired — Schedule 3 of the Migration Regulations kicks in. It generally requires the application to be lodged within 28 days of your previous visa ending, and being outside that window can mean refusal unless a waiver applies for compelling reasons. This is exactly why timing your application before your current visa lapses matters so much.

Which Pathway Actually Suits You?

Choose onshore if you're already living in Australia together and want continuous lawful stay (and often work rights) while waiting for a decision.
Choose offshore if you're currently overseas and your partner is in Australia — in this case, offshore isn't just an option, it's usually your only pathway until you're eligible to enter otherwise.

Both routes run on a similar structure: a temporary stage decided first, and a permanent stage assessed roughly two years later, so neither is a shortcut around the other — the decision is really about where you are and what status you need in the meantime.

Edvise Hub helps couples work out which pathway actually fits their circumstances — including flagging Schedule 3 risk early — before a lodgement mistake costs months of delay.

Quick Answers

Q: Can I apply for an onshore partner visa on a student or tourist visa? Yes — you can generally lodge a Subclass 820 while lawfully holding almost any substantive visa, including student, visitor, or work visas.

Q: Do offshore applicants get a bridging visa? No. Bridging visas are only granted to onshore applicants, since offshore applicants aren't in Australia while their case is processed.

Q: What happens if I don't hold a substantive visa when I apply onshore? Schedule 3 requirements are triggered, generally requiring lodgement within 28 days of your previous visa ending, unless a waiver is granted for compelling reasons.