📅 Originally published: October 7, 2025 | Last reviewed and updated: April 2026
How to Switch from a 309 to an 820 Partner Visa in Australia (2026)
Australia’s partner visa program gives couples two distinct pathways to permanent residence: the offshore Subclass 309/100 and the onshore Subclass 820/801. If you lodged an offshore application and your circumstances have since changed — or if you simply want to remain in Australia with your partner during processing — understanding how and when to switch pathways is essential.
This guide explains the 2023 regulation change that reshaped partner visa strategy, when re-lodging onshore makes sense, and the advanced bridging visa techniques available in 2026.
Understanding the Partner Visa Framework
The offshore pathway requires the applicant to be outside Australia when the Subclass 309 application is lodged. The onshore pathway allows applicants already in Australia on a valid visa to remain in the country throughout processing.
Many couples begin with an offshore application and later wish to stay together in Australia. Until late 2023, the law required the applicant to leave Australia before a Subclass 309 could be granted. That restriction has now been removed, giving couples significantly greater flexibility.
The 2023 Regulation Change and What It Means in 2026
On 25 November 2023, the Migration Amendment (Location Requirements for Grant of Visa) Regulations 2023 came into effect. This amendment removed the long-standing rule that Subclass 309 applicants must be outside Australia when the visa is granted.
In practical terms: a Subclass 309 must still be lodged offshore, but the Department of Home Affairs may now grant the visa while the applicant is lawfully in Australia. This amendment remains active in 2026 and continues to define partner visa strategy for many couples.
What changed — and what did not CHANGED: The Department can now grant a Subclass 309 while the applicant is physically in Australia. UNCHANGED: The Subclass 309 application must still be lodged while the applicant is outside Australia. UNCHANGED: No new bridging visa entitlements were created by this amendment. UNCHANGED: The offshore and onshore pathways remain legally distinct — you cannot ‘convert’ a 309 into an 820. |
Can a Subclass 309 Be Granted While You Are in Australia?
Yes — since November 2023. Provided the application was lodged offshore and you remain lawful in Australia at the time of the decision, the Department can grant the 309 without requiring you to leave.
However, an offshore application does not create a bridging visa. To remain lawful in Australia during processing, you must hold one of the following:
- A substantive visa (visitor, student, or temporary work visa), or
- An existing bridging visa linked to a separate onshore matter (such as an AAT/ART review or another pending application).
If your lawful status expires before a decision is made, you must either apply for another visa or depart Australia. Any period of unlawful presence can jeopardise the partner visa application and may engage section 48 of the Migration Act 1958 (see the section 48 box below).
Understanding the Section 48 Bar — A Critical Risk
Important: The Section 48 Bar Section 48 of the Migration Act 1958 prevents a person who has had a visa refused or cancelled while in Australia from making certain further onshore visa applications. For partner visa applicants, this is a critical risk: • If you have had any visa refused while onshore, you may be barred from lodging an 820 application — even if you have a genuine relationship and a qualifying sponsor. • The bar does not prevent lodging a 309 offshore application, which is why the BVB switcheroo strategy can be valuable for section 48-affected applicants. • Waivers exist in limited circumstances (compelling and compassionate grounds), but they must be specifically argued. Do not attempt to lodge an onshore partner visa application if a prior refusal may engage section 48 — obtain legal advice first. |
The Bridging Visa B Switcheroo — Step-by-Step
For applicants who are onshore on a Bridging Visa A (BVA) or BVB linked to an existing matter, experienced migration lawyers sometimes employ what is known as the Bridging Visa B switcheroo. This is a legally permissible but technically demanding strategy.
Who is eligible?
Before proceeding, confirm all of the following apply:
- You currently hold a Bridging Visa A (BVA) or Bridging Visa B (BVB). Applicants on a Bridging Visa C, D, or E are not eligible.
- You have a pending onshore visa matter (for example, an ART appeal or another onshore application) to which your current bridging visa is linked.
- The offshore visa you intend to lodge (the 309/100) can be lodged online via ImmiAccount — internet applications lodged from overseas are taken to be ‘made in Australia’ for bridging visa purposes.
- You have a genuine, documentable reason to travel offshore (family occasion, business, medical treatment, etc.). A vague or unsupported reason risks refusal.
Step-by-step sequence
Step 1. Apply for your first BVB.
While in Australia on your BVA or existing BVB, apply for a Bridging Visa B linked to your current onshore matter. Provide a genuine and documented travel reason with clear dates. Apply before you depart — a BVB cannot be granted if you are already outside Australia.
Step 2. Travel offshore and lodge the 309/100.
Using the BVB, depart Australia. While physically offshore, lodge the combined Subclass 309/100 application online via ImmiAccount. Critically, the application must be receipted while you are offshore. Do not use BPay or any method that could delay receipting.
Step 3. Return to Australia within the BVB travel period.
Return before the ‘Must Return By’ date on your BVB. Your lawful status upon re-entry is provided by the BVB.
Step 4. Apply for a second BVB, linked to the 309/100.
Back in Australia, apply for a second BVB. This time, link it to the Transaction Reference Number (TRN) of the newly lodged offshore 309/100 application. Once this second BVB is granted, your bridging status is tied to the offshore case.
Step 5. Withdraw the original onshore matter — carefully.
Only withdraw the original onshore application after the second BVB is confirmed as granted and linked to the offshore TRN. Withdrawing before this step removes your lawful status. This is the most common — and most serious — timing error.
BVB switcheroo — what can go wrong Leaving Australia before the first BVB is granted — the BVB ceases upon departure on a BVA. Lodging the offshore application by BPay or a method that delays receipting until after you return onshore. Withdrawing the onshore matter before the second BVB (linked to the offshore TRN) is confirmed. The first BVB expiring before the offshore application is receipted — return deadlines are strict. Attempting this strategy while on a BVE — BVEs do not qualify for a BVB. Insufficient documented reason for travel — each BVB requires a substantial, evidenced reason. |
This strategy requires professional oversight. Do not attempt it without guidance from a registered migration lawyer or agent.
Withdrawing and Re-Lodging Onshore — When Is It the Better Option?
For some couples, withdrawing the offshore 309 and lodging a fresh onshore Subclass 820/801 application is the most straightforward path. Lodging onshore automatically triggers the grant of a Bridging Visa A, which provides work rights, Medicare access, and the right to remain in Australia throughout processing.
However, this approach involves real costs and trade-offs:
- The original 309 government fee (currently around AUD $9,365 — verify at immi.homeaffairs.gov.au) is not refundable.
- A new application fee for the 820 must be paid in full.
- Processing restarts from the beginning, and all relationship evidence must be recompiled and submitted.
- If your original 309 was lodged years ago, re-lodging may significantly delay your permanent residence timeline.
Re-lodging tends to make sense when: the couple’s relationship has developed significantly since the original application; the applicant’s current visa will not provide sufficient coverage; or when the cost and delay of re-lodging is outweighed by the certainty and simplicity of a BVA.
Relationship Evidence — What to Include
Whether you continue with the 309 or re-lodge as an 820, the quality of your relationship evidence remains the most important factor in a successful outcome. Evidence should be comprehensive, chronological, and cover all four statutory criteria:
- Financial commitment: Joint accounts, shared bills, mortgage or lease agreements, and tax filings showing a shared financial life.
- Household arrangements: Proof of shared residence, utility accounts, and records showing how domestic responsibilities are divided.
- Social aspects: Photographs across different settings and time periods, travel records, joint invitations, and statutory declarations from friends and family who know the couple.
- Commitment to each other: Future plans, beneficiary designations in insurance or superannuation, and records of communication during any period of separation.
Evidence that is disorganised, undated, or limited to a single category has consistently contributed to delays and refusals. A well-structured submission significantly reduces processing time.
Processing Times in 2026
As of 2026, the Department of Home Affairs publishes the following estimates. Times reflect the median for 75% of applications and are subject to change.
- Subclass 309 (Provisional Offshore): approximately 9–13 months
- Subclass 100 (Permanent Offshore): approximately 14–34 months following the 309
- Subclass 820 (Temporary Onshore): approximately 13–27 months
- Subclass 801 (Permanent Onshore): approximately 12–31 months after the 820
Case Study — Daniel and Lea
Daniel, an Australian citizen, and Lea, a Filipino national, lodged a Subclass 309 application from Manila in mid-2024. Several months later, Lea obtained a student visa to undertake English studies in Melbourne. The 2023 amendment allowed the Department to grant a 309 while she was in Australia, provided she remained lawful at all times. In early 2025, Lea’s visa was approved while she was still in Australia — a result that would have been impossible before the reform.
This outcome demonstrates how the regulation change enables couples to remain together in Australia, provided that lawful status is maintained and every step complies with migration law.
2026 Program Changes — What Applicants Need to Know
The 2025–2026 program year has introduced several changes that affect partner visa strategy:
- Integrity resets: The Department has placed greater emphasis on genuine relationship assessment at both the temporary and permanent stages. Applicants should ensure their evidence is updated and comprehensive at both decision points, not just at lodgement.
- English language expectations: While not a formal requirement at the initial temporary stage, both applicants and sponsors may be increasingly asked to demonstrate functional English or a commitment to government-funded English programs as part of the integration assessment.
- Sponsor approval: Sponsors are now expected to be approved before or alongside the visa assessment. Ensure your sponsorship form and supporting documents are submitted promptly.
These changes do not alter the fundamental switching strategies described in this guide, but they do affect how applications are assessed once lodged.
Common Misunderstandings — Avoid These Errors
- WRONG: A 309 can be lodged while in Australia.
The application must be made while the applicant is physically offshore. There are no exceptions.
- WRONG: The 2023 regulation created new bridging visa entitlements.
It removed the grant-location restriction only. No bridging visa arises from an offshore application.
- WRONG: You can convert a 309 directly into an 820.
The 309 must be withdrawn and a new 820 lodged in Australia. The processes are legally distinct.
- WRONG: A BVB can be obtained at any time.
You must hold a BVA or existing BVB at the time of both application and grant. You cannot obtain a BVB from outside Australia.
- WRONG: Re-lodging onshore is always safe if you have a valid visa.
If a prior refusal has engaged section 48, re-lodging onshore may be invalid. Seek legal advice before withdrawing any offshore application.
The Role of Professional Legal Advice
Partner visa strategy requires both technical knowledge and practical judgment.
The 2023 regulation simplified part of the process, yet managing lawful status, bridging-visa coordination, and timing remains highly complex.
An immigration lawyer can:
- interpret current policy and departmental instructions;
- manage lawful status through the correct bridging-visa sequencing;
- prepare persuasive legal submissions and relationship documentation; and
- minimise risks of refusal or cancellation.
The difference between a compliant pathway and an invalid application often comes down to professional guidance at the right time.
Frequently Asked Questions
1. Can a Subclass 309 be granted while the applicant is in Australia?
Yes. Since November 2023, the Department may grant the visa while the applicant is in or outside Australia, provided it was lodged offshore and the applicant remains lawful at the time of decision.
2. Does a 309 application create a bridging visa?
No. An offshore application never produces a bridging visa. Lawful stay in Australia must come from another substantive or bridging visa.
3. Is it possible to switch a 309 into an 820?
Not directly. The 309 must be withdrawn and a new 820 application lodged in Australia, which restarts processing and requires a new application fee.
4. What is the biggest risk with the Bridging Visa B approach?
Incorrect timing of travel or re-entry can result in unlawful status. Professional oversight is essential before attempting it.
A Final Word — Precision and Planning Lead to Success
Switching from an offshore Partner Visa (Subclass 309/100) to an onshore strategy is possible under current law, but it is not a simple administrative adjustment.
It requires a firm understanding of the 2023 regulation change, meticulous status management, and strong evidence of a genuine relationship—areas where our Melbourne Immigration Lawyers provide specialized guidance.
When executed correctly, this pathway allows couples to stay together in Australia lawfully until visa grant. When handled incorrectly, it can lead to refusal, loss of fees, or lengthy delays.
At Augustine & Co. Immigration Lawyers, we help couples design partner-visa strategies that comply with every regulation while maximising the chance of approval.
If you have lodged, or are considering lodging, an offshore Partner Visa (Subclass 309/100) and wish to explore your onshore options, we invite you to book a confidential consultation here.
Our team will assess your eligibility, timing, and lawful-status options so you can remain together in Australia with confidence.
Lighting the way to your Australian dream.
Author
Calvin Augustine is the founding solicitor of Augustine & Co. Immigration Lawyers. He graduated with Honors from the University of London law school, before being admitted to practice in Malaysia and Australia (admitted in SA, appears in all Victorian Courts and Tribunals, at trial and appellate levels).
