Immigrating To Australia: 820 vs 309 Partner Visa

The Partner Visa subclass 820 and 309 allows the spouse or partner of an Australian citizen, a permanent resident, or an eligible New Zealand citizen to live in Australia. This comparison of 820 vs 309 helps applicants understand which visa suits their situation best.

Differences Between 820 and 309 Visas:

The 820 visa is for onshore applicants and the 309 visa is for offshore applicants.

If you are in a married or de facto relationship with an Australian citizen and want to live in Australia, then you will be sponsored by your spouse or de facto partner during this two-stage visa process. Both heterosexual and same-sex couples can apply and it is the ideal pathway to getting permanent residency.

You need to be in Australia to apply for the 820 visa. If you are in another country, you will need to apply for the 309 visa, which has similar requirements. The 820 and 309 visas are provisional visas, and after two years, applicants will be reassessed for the Permanent 810 or 100 visas, depending on the visa that you initially applied for.

The Difference Between A Marital And De Facto Relationship

Your marriage must be considered legal under Australian law. If your marriage is valid in the country where you got married, then it will generally be considered legal in Australia. If you are in a de facto relationship, you will have to demonstrate that your relationship has existed for at least a year before you applied for a visa. This is also the subclass that same-sex couples can use to apply for a visa.

Besides being able to demonstrate that your relationship has existed for at least 12 months, you and your partner must be living together. If you are not living together, you must show that the separation is only temporary. You will also have to comply with specific health and character requirements.

Which Partner Visa Suits You the Best?

Choosing the appropriate partner visa depends primarily on your current location:

• Subclass 820 (Temporary Partner Visa): For applicants who are in Australia and wish to remain with their partner.​
• Subclass 309 (Provisional Partner Visa): For applicants who are outside Australia and intend to join their partner residing in Australia.

Criteria for 309 and 820 Partner Visas

Both visas require applicants to be in a genuine and ongoing relationship with their partner, who must be an Australian citizen, permanent resident, or eligible New Zealand citizen. The relationship can be through marriage or a de facto partnership.

Criteria for Partner Visa Subclass 820

To be eligible for the Subclass 820 visa, you must:​

• Location: Be in Australia when applying and when the visa is granted.​
• Relationship: Be married to or in a de facto relationship with your partner.​
• De Facto Relationships: Generally, you must have been in the relationship for at least 12 months unless you have registered your relationship in an Australian state or territory.​
• Health and Character: Meet specific health and character requirements.

Criteria for Partner Visa Subclass 309

Eligibility for the Subclass 309 visa includes:​

• Location: Be outside Australia when applying and when the visa is granted.​
• Relationship: Be married to or in a de facto relationship with your partner.​
• De Facto Relationships: Typically, you must have been in the relationship for at least 12 months unless you have registered your relationship in an Australian state or territory.​
• Health and Character: Fulfill specific health and character requirements.

Visa Conditions

Subclass 309 (Partner – Provisional) Visa Conditions:

• Travel rights: Unlimited travel to and from Australia while the visa is valid.
• Work rights: Full work rights in Australia with no restrictions on employer or hours.
• Study rights: Ability to study in Australia, although ineligible for government-funded tertiary education (domestic student rates may not apply).
• Access to Medicare: Eligible for Australia’s public healthcare system (Medicare).

Subclass 820 (Partner – Temporary) Visa Conditions:

• Stay in Australia: Allows you to remain lawfully in Australia while your permanent Subclass 801 visa is assessed.
• Work rights: Unrestricted work rights, allowing employment in any sector or occupation.
• Study rights: You may study in Australia; however, you may not have access to subsidised study options.
• Access to Medicare: Eligible for Medicare coverage upon visa grant.
• Travel conditions: While the visa is valid, you may travel freely in and out of Australia.

Duration for Provisional Partner Visa vs Temporary Partner Visa

Both visas serve as the initial step toward permanent residency:

• Subclass 820 (Temporary Partner Visa): Allows you to stay in Australia while your permanent Partner visa (Subclass 801) is processed.
• Subclass 309 (Provisional Partner Visa): Allows you to stay in Australia until a decision is made on your permanent Partner visa (Subclass 100), which is usually 2 years after you lodge your initial application.

The transition from the temporary/provisional visa to the permanent visa typically occurs approximately two years after the initial application, provided the relationship is ongoing and eligibility criteria are still met. ​

Working with a licensed migration agency, such as Tri-Nations Migration, ensures that your application is handled with expertise and care.

At Tri-Nations Migration, we understand the intricacies of the Australian immigration process. Our licensed advisers are committed to providing personalized support, ensuring you and your partner navigate each step with clarity and confidence.

Interested in immigrating to Australia or want to know more about the comparisons between 820 vs 309 visas? Then contact Tri-Nations Migration today.