When couples decide to build a life together in Australia, choosing the right visa is less about the “what” and more about the “where.” While both the Subclass 309 and Subclass 820 lead to the same destination—permanent residency—your physical location at the moment you apply dictates your path.
Here is a breakdown of the two Australia spouse visas to help you decide which fits your current situation.
The Offshore Pathway: Subclass 309
The Subclass 309 (Provisional) visa is designed for partners who are currently living outside of Australia. It’s often the best fit for couples who are still wrapping up their lives abroad or planning a future relocation.
- The Logic: You must be outside Australia when you submit the application. While you can visit Australia on other visas (like a tourist visa) during the wait, the 309 is the bridge that officially allows you to move and live there.
- The Benefits: It allows for a structured move. Once granted, you enter Australia with full work and study rights immediately.
- The Next Step: After roughly two years from your initial application date, you become eligible for the Subclass 100 (Permanent) visa, provided the relationship is still going strong.
The Onshore Pathway: Subclass 820
The Subclass 820 (Temporary) visa is for partners who are already in Australia on a substantive visa (such as a student, visitor, or work visa).
- The Logic: You must be physically in Australia to apply. The standout feature here is the Bridging Visa, which usually grants you the right to stay in the country lawfully once your current visa expires.
- The Benefits: It eliminates the “long-distance” wait. Most applicants can continue living with their partner, work, and even access Medicare while the Department of Home Affairs processes the case.
- The Next Step: Similar to the offshore route, this eventually leads to the Subclass 801 (Permanent) visa after the two-year waiting period.
The Universal Requirements
Regardless of the subclass, the “soul” of the application remains the same. Immigration officers aren’t just looking at forms; they are looking for a genuine and continuing relationship. You will need to provide evidence across four key areas:
- Financial Ties: Shared bank accounts, joint leases, or shared household expenses.
- Social Context: Evidence that you are recognized as a couple by friends and family (photos, invitations, and statutory declarations).
- The Household: How you organize your daily lives, from chores to caring for children.
- Mutual Commitment: Your history together and your shared plans for the future.
Key Decisions for 2026
Choosing between them usually comes down to your tolerance for separation versus your current visa status. If you are already in Australia and your current visa doesn’t have a “No Further Stay” condition, the 820 is often the preferred choice for its immediate benefits. However, if you are still overseas, the 309 offers a clear, dedicated pathway for your arrival.
