Consider an applicant we will call Daniel. He is in Melbourne on a visitor visa with his Australian partner, and the visa ends in three weeks. He wants to lodge a partner visa here so that he can stay. Then he reads his grant notice and finds condition 8503, which prevents most further applications from inside Australia. Whether he lodges onshore or flies home and lodges offshore now turns on that one condition. The difference shapes the next two years of his life.
Where the applicant is standing on lodgement day decides the pathway. This guide compares the two, sets out who can apply, and explains what the $11,710 charge buys.
Short answer: Applicants in Australia on lodgement day use the subclass 820 and 801 pathway, while applicants outside Australia use the subclass 309 and 100. Both are one combined application with one $11,710 charge covering the temporary and permanent stages.
Two stages, one application
Every Australian partner visa runs in two stages, lodged as one combined application with a single government charge. Stage one is a temporary visa. Stage two is the permanent visa, assessed roughly two years after lodgement, provided the relationship is still genuine and continuing at that point.
There is no second application charge for the permanent stage. However, you must provide fresh evidence when the time comes, and you must start the permanent stage assessment yourself in ImmiAccount. Missing that step is one of the most common mistakes in partner files.
Onshore or offshore
The applicant must be in Australia when the application is lodged. The 820 is the temporary stage and the 801 the permanent stage. Most onshore applicants receive a Bridging visa A, which keeps them lawful and usually allows work once their current visa ends. Applying with no substantive visa, or on a visa carrying condition 8503, is far more complicated and needs advice before any charge is paid.
The applicant must be outside Australia when the application is lodged. The 309 is the temporary stage and the 100 the permanent stage. Offshore applicants can usually still visit Australia on another visa while they wait, but they cannot simply move here until the 309 is granted. For couples living in different countries, the evidence strategy looks different to an onshore case and has to be planned deliberately.
The pathways side by side
| Feature | 820/801 onshore | 309/100 offshore |
|---|---|---|
| Where the applicant is on lodgement day | In Australia | Outside Australia |
| Application charge, main applicant | $11,710 | $11,710 |
| Status while waiting | Bridging visa A, usually with work rights | No Australian status until the 309 is granted |
| Travel during the wait | Needs a Bridging visa B, $575 | Visits possible on another visa |
| Permanent stage | 801, assessed around two years from lodgement | 100, assessed around two years from lodgement |
Who can apply
The applicant must be the spouse or de facto partner of an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. The Australian partner acts as sponsor. Sponsorship is a formal undertaking with its own requirements, including police checks, so sponsors are assessed as well as applicants.
Married couples need a marriage that is valid under Australian law. De facto couples generally need to show the relationship existed for 12 months before lodging. That requirement falls away where the relationship is registered under a state or territory scheme, or where the couple has a dependent child together. For Victorian couples short of a year together, registration is often the key to an earlier application.
We are engaged but not married. Which visa?
An engaged couple who cannot yet meet the married or de facto requirements may use the Prospective Marriage visa, subclass 300. It allows entry to Australia to marry. After the wedding, the holder applies for the onshore 820 and 801 at a reduced charge of $1,955. The full $11,710 was already paid on the 300. Our Prospective Marriage visa page explains the sequence.
What the Department tests
The legal question is whether the relationship is genuine and continuing. The Department assesses it across four aspects: financial, household, social and commitment. Most refusals we review were not refused because the relationship was fake. They were refused because the evidence was thin or inconsistent in one or two aspects. Often it was gathered early and never updated.
The Department may send one request for missing material, and it is not obliged to send any. Therefore, the file should be complete enough to approve on the day it is lodged. The partner visa page sets out what that looks like.
Estimate the government charges
The charge is fixed on the day the Department receives the application and is not refunded on refusal. Health examinations, police certificates from every relevant country, translations and any professional fees sit on top. A review at the Administrative Review Tribunal costs a further $3,727.
Back to Daniel
With condition 8503 on his visitor visa, Daniel cannot lodge an onshore application unless the condition is waived. Waivers are granted only in limited circumstances. His realistic route is to leave before the visa ends and lodge a 309 from outside Australia. He can then apply to visit while it is processed. Had his visa carried no such condition, the onshore 820 with a bridging visa would have been open. The difference was one line in a grant notice, read three weeks before the deadline.
If you are unsure which pathway your visa allows, contact us before you book anything. Our fees and process page explains how we assess the options first.
Frequently asked questions
Can we choose between the onshore and offshore pathways?
Only by choosing where the applicant is on lodgement day. An applicant in Australia lodges the 820 and 801. An applicant outside Australia lodges the 309 and 100. Visa conditions such as 8503 can remove the onshore option.
Can an offshore applicant visit Australia while the 309 is processed?
Usually, yes, on a visitor visa or another visa they qualify for. They must be outside Australia when the 309 is granted, so travel needs to be planned around the decision. Advice on timing is worthwhile.
What is condition 8503 and does it block an onshore application?
Condition 8503 is a “no further stay” condition attached to some visitor and other temporary visas. It prevents most applications from inside Australia while it applies. A waiver is possible only in limited circumstances, so check the grant notice before planning an onshore lodgement.
What happens at the two-year mark?
The Department assesses the permanent stage, the 801 or 100. You need to provide updated evidence showing the relationship is still genuine and continuing, and you must start that assessment yourself in ImmiAccount. No further charge applies.
Is the sponsor assessed as well as the applicant?
Yes. The Australian partner makes a formal sponsorship undertaking and must meet requirements of their own, including police checks. Limits apply to how many times a person can sponsor a partner and how soon after a previous sponsorship.
Figures verified against Home Affairs visa pricing as at 1 July 2026.
This article is general information about Australian migration law as at 2 September 2026. It is not legal advice. Figures change each July and eligibility turns on your own facts, so obtain advice before acting.