Head to head · Checked 30 October 2026
Visit, then apply for the 820 onshore vs Apply for the 309 from outside Australia
A couple who want to be together while the partner visa is decided often plan a visitor visa and an onshore 820, which gives a bridging visa with work rights and the years of waiting together in Australia. It works only if the visitor visa is granted without condition 8503 and the visitor was genuine when they came, and both are at risk: a visitor whose partner is Australian is refused more often as not a genuine visitor, the sponsored family stream imposes 8503 as standard, and 8503 closes the onshore application entirely. The 309 is lodged from abroad with no refusal risk on the way in, at the same charge, and the applicant visits on visitor visas while it is decided. Where the visitor visa comes clean, the onshore route is the better life; where it does not, the 309 is the only one.
By Keshab Chapagain, registered migration agent (MARN 1576536) since 2015 · WIDEN, Sydney · Reviewed 30 October 2026
Keshab Chapagain · MARN 1576536 · Registered since 2015 - Step one
- A visitor visa, granted without 8503, entered as a genuine visitor · The 309 lodged from outside Australia
- Risk on the way in
- Refusal as not a genuine visitor; 8503 imposed · None; the visa is decided on the relationship
- While waiting
- In Australia on a Bridging Visa A with work rights once the visitor visa ends · Abroad, with visits on visitor visas where granted
- Charge
- $11,710 for the 820/801, plus the visitor visa charge · $11,710 for the 309/100
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About the CPD →Side by side
| Visit, then apply for the 820 onshore | Apply for the 309 from outside Australia | |
|---|---|---|
| Step one | A visitor visa, granted without 8503, entered as a genuine visitor | The 309 lodged from outside Australia |
| Risk on the way in | Refusal as not a genuine visitor; 8503 imposed | None; the visa is decided on the relationship |
| While waiting | In Australia on a Bridging Visa A with work rights once the visitor visa ends | Abroad, with visits on visitor visas where granted |
| Charge | $11,710 for the 820/801, plus the visitor visa charge | $11,710 for the 309/100 |
| Travel while waiting | A Bridging Visa B for each trip | Free to travel; must be outside Australia for the grant |
| Time | The 820’s processing time, together | The 309’s processing time, apart |
| Watch out | 8503 on the visitor grant closes the route; false statements about the visit’s purpose risk PIC 4020 | Being in Australia when the 309 is decided delays the grant until you leave |
Charges are the current government application charges (from 1 July 2026, main applicant) — see the fee calculator for your family's total. Checked 30 October 2026.
The honest verdict
A couple who want to be together while the partner visa is decided often plan a visitor visa and an onshore 820, which gives a bridging visa with work rights and the years of waiting together in Australia. It works only if the visitor visa is granted without condition 8503 and the visitor was genuine when they came, and both are at risk: a visitor whose partner is Australian is refused more often as not a genuine visitor, the sponsored family stream imposes 8503 as standard, and 8503 closes the onshore application entirely. The 309 is lodged from abroad with no refusal risk on the way in, at the same charge, and the applicant visits on visitor visas while it is decided. Where the visitor visa comes clean, the onshore route is the better life; where it does not, the 309 is the only one.
Which side of that line you fall on depends on facts a table cannot hold — your age, score, occupation's lists, and what evidence you can actually assemble. That is consultation territory, not guesswork territory.
More head-to-heads: 482 vs 494 · 190 vs 491 · 189 vs 190 · 482 vs 186
General information only, not migration advice. Settings shown are the general rules; exemptions and stream variations exist. Migration advice is provided by Keshab Chapagain (MARN 1576536) after a paid consultation under the Migration Agents Code of Conduct.
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Questions we get asked first
Visit, then apply for the 820 onshore or Apply for the 309 from outside Australia — which is better?
A couple who want to be together while the partner visa is decided often plan a visitor visa and an onshore 820, which gives a bridging visa with work rights and the years of waiting together in Australia. It works only if the visitor visa is granted without condition 8503 and the visitor was genuine when they came, and both are at risk: a visitor whose partner is Australian is refused more often as not a genuine visitor, the sponsored family stream imposes 8503 as standard, and 8503 closes the onshore application entirely. The 309 is lodged from abroad with no refusal risk on the way in, at the same charge, and the applicant visits on visitor visas while it is decided. Where the visitor visa comes clean, the onshore route is the better life; where it does not, the 309 is the only one.
What is the main difference between the Visit, then apply for the 820 onshore and the Apply for the 309 from outside Australia?
Step one: Visit, then apply for the 820 onshore — A visitor visa, granted without 8503, entered as a genuine visitor; Apply for the 309 from outside Australia — The 309 lodged from outside Australia. Risk on the way in: Visit, then apply for the 820 onshore — Refusal as not a genuine visitor; 8503 imposed; Apply for the 309 from outside Australia — None; the visa is decided on the relationship. While waiting: Visit, then apply for the 820 onshore — In Australia on a Bridging Visa A with work rights once the visitor visa ends; Apply for the 309 from outside Australia — Abroad, with visits on visitor visas where granted.
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