A founder in Singapore emails us. Her partner is an Australian citizen in Melbourne. She runs a company with staff in two countries, and she wants to know one thing. Should she fly in and lodge the partner visa in Australia, or lodge from Singapore and keep running the business until it is granted? The answer turns on where she is standing on lodgement day, and on what she needs to do while the file is pending.
In short: the applicant's location on lodgement day decides the pathway. Inside Australia it is the 820/801, and outside it is the 309/100. Both are one combined application with one charge of $11,710 covering the temporary and permanent stages.
The rule: where you stand on lodgement day
Every Australian partner visa is a two-stage process, lodged as a single application with a single charge. Stage one is a temporary visa. Stage two is the permanent visa, assessed later, provided the relationship is still genuine and continuing. You do not pay a second charge for the permanent stage, but you provide fresh evidence and start that stage yourself in ImmiAccount.
Which pathway applies depends entirely on where the applicant is physically located when the application is lodged. Nothing else picks it.
Where will the applicant be on the day we lodge?
The two pathways side by side
| Subclass 820/801 | Subclass 309/100 | |
|---|---|---|
| Applicant on lodgement day | In Australia | Outside Australia |
| Temporary stage | 820 | 309 |
| Permanent stage | 801 | 100 |
| Waiting | In Australia, usually on a Bridging visa A | Offshore, with visits on another visa |
| Work while pending | Per the bridging visa conditions | No Australian work rights until grant |
| Government charge | $11,710 | $11,710 |
| Watch for | Condition 8503, no substantive visa | Evidence strategy for a couple in two countries |
What changes for a business owner
For our Singapore founder, the pathways are two different years. Onshore, she lodges the 820 while holding a valid visa, and a Bridging visa A takes over when that visa ends. If the BVA permits work, she can run the company from Melbourne. She cannot leave and return without a Bridging visa B at $575, so board meetings abroad need planning.
Offshore, she lodges the 309 and keeps running the business from Singapore. She can generally visit Australia on another visa while it is pending, but a visitor visa does not allow her to work here. Running the Australian side of the company day to day from a visitor visa is not an option. The 309, once granted, allows her to enter and work.
Both routes raise a structuring question. Does the company need an Australian entity, a resident director or a different shareholder arrangement before the applicant's status changes? That is a question for our commercial practice, and our note on business structure for founder visa holders sets out the options. The migration team then chooses the pathway that fits the structure, not the other way around.
The offshore sequence
- Step 1Lodge the 309/100 with the applicant outside Australia. Health and character can start straight away.
- Step 2Visit on another visa while the file is pending, within that visa's conditions.
- Step 3Grant of the 309. Enter Australia and take up work rights.
- Step 4Permanent stage. Provide fresh evidence and start the 100 assessment in ImmiAccount when eligible.
The sponsor is assessed too
The applicant must be the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen. The Australian partner is the sponsor, and sponsorship is a formal undertaking with its own requirements, including police checks. The sponsor's own visa history matters. An earlier partner visa or an earlier sponsorship can limit whether they can sponsor now, so we check that before choosing a pathway.
What does not change
The evidence test is the same on both pathways. The relationship must be genuine and continuing, assessed across the financial, household, social and commitment aspects. The charge is the same, and it is usually not refunded on refusal. Our note on partner visa cost for 2026-27 sets out what sits on top of it. De facto couples generally need 12 months together, unless the relationship is registered or they have a dependent child.
Can we lodge offshore and then move to Australia to wait?
Visit, yes. Move, no. An offshore applicant can generally enter on another visa while the 309 is pending, but only within that visa's conditions. A visitor visa does not permit work. Long stays on repeated visitor visas also draw attention. If the applicant needs to be in Australia for the whole wait, that points towards the onshore pathway, lodged while a valid visa is held.
If you are choosing between the two, the migration practice can map both against your business and your dates. Contact us before you book the flight.
Figures verified against Home Affairs visa pricing as at 1 July 2026.
Frequently asked questions
Can I run my overseas company from Australia while the 820 is pending?
Only within the conditions of your bridging visa. Many Bridging visa A holders have work rights, and the Department treats running a business as work. Check the grant letter and VEVO before you continue trading from here.
Does a 309 holder have work rights on arrival?
Yes. Once the 309 is granted and the holder enters Australia, they can work. Before grant, an offshore applicant has no Australian work rights, and a visitor visa does not change that.
My company could sponsor me on a 482 instead. Which is better?
They are different visas with different tests. A partner visa rests on the relationship and leads to permanent residence. A 482 rests on the business, the occupation and the salary. We compare both against your circumstances before recommending either.
If we lodge a 300 and marry, what does the 820 cost?
A subclass 300 holder moving onto the 820/801 pays $1,955 rather than the full charge, because a full charge was paid for the 300.
Is the $11,710 charge the same for both pathways?
Yes. The main applicant charge is $11,710 for the 820/801 and for the 309/100, and it covers both the temporary and permanent stages of either pathway.
General information as at 2 September 2026. Not legal advice. Speak to the migration team about your own circumstances before you act.