Onshore vs. Offshore: Choosing the Right Path (820 vs. 309)
Ezra Sarajinsky
Senior Migration Lawyer
Choosing between an onshore or offshore partner visa is often the first—and most critical—decision a couple faces. While both pathways lead to the same result (Australian Permanent Residency), the "where" and "when" of your application can drastically change your day-to-day life for the next two years.
Here is a breakdown of the Subclass 820 (Onshore) versus the Subclass 309 (Offshore) to help you map out your strategy for 2026.
At a Glance: The Key Differences
| Feature | Subclass 820 (Onshore) | Subclass 309 (Offshore) |
|---|---|---|
| Location at Lodgement | Must be inside Australia. | Must be outside Australia. |
| Bridging Visa | Granted automatically (BVA). | Not granted. |
| Work Rights | Full rights once Bridging Visa starts. | No rights until 309 is granted. |
| Medicare Access | Immediate (upon lodgement). | Only after the 309 is granted. |
| 2026 Timelines | 8–18 months (Temporary stage). | 12–20 months (Temporary stage). |
1. Bridging Visas: The "Safety Net"
The biggest advantage of the Subclass 820 is the Bridging Visa A (BVA). When you apply onshore, this visa kicks in the moment your current substantive visa (like a visitor or student visa) expires. It allows you to remain in Australia lawfully while the Department of Home Affairs processes your application.
For the Subclass 309, there is no bridging visa. If you apply from overseas, you must wait for the grant before you have a right to live in Australia. While you can visit Australia on a tourist visa during the wait, you must usually be outside the country for the 309 to be granted.
2. Medicare & Work Rights
One of the most frequent questions we receive is: "When can my partner start working?"
- Onshore (820): Most applicants gain full work rights and access to Medicare as soon as their Bridging Visa A becomes active. This allows the migrating partner to contribute to the household and access the healthcare system almost immediately.
- Offshore (309): You generally cannot access Medicare or work in Australia until the Subclass 309 is officially granted. For many, this means a year or more of relying on private health insurance and external savings.
3. Current 2026 Processing Timelines
As of early 2026, we are seeing a stabilization in processing times, though they remain significant:
- Subclass 820: 50% of applications are processed within 12 months, while complex cases can take up to 18–24 months.
- Subclass 309: These are currently moving slightly slower, with most taking between 14 and 20 months.
Which Path Should You Choose?
Choose the Onshore 820 if:
- You are already in Australia on a valid visa without a "No Further Stay" (8503) condition.
- You want to avoid a long-distance separation.
- You need the applicant to start working or access Medicare as soon as possible.
Choose the Offshore 309 if:
- The applicant is currently living/working overseas and isn't ready to move yet.
- The applicant cannot secure a visa to enter Australia to lodge onshore.
- You prefer to wait out the processing period in a location with a lower cost of living.
How We Can Help
The "best" path isn't just about where you are standing today; it’s about your goals for the next two years. Our firm specializes in "front-loading" evidence to minimize delays and ensure your transition to Australian life is as seamless as possible.
Contact us today for a strategy session to determine which subclass fits your timeline.