Can You Change From a Subclass 309 Partner Visa Application to an 820 Application?

There is no simple “convert 309 to 820” button in ImmiAccount. Subclass 309/100 and Subclass 820/801 are separate Partner Visa application pathways with different application-location rules. If an offshore 309 applicant later comes to Australia, the existing 309 application does not automatically become an 820 application.

In many cases there is also no need to switch solely because the applicant is now in Australia: since 25 November 2023, a Subclass 309 can be granted while the applicant is either in or outside Australia.

Can Home Affairs just change the visa subclass for you?

Generally, no. The 309/100 application remains the offshore Partner Visa application originally lodged. An 820/801 application is a separate combined onshore application and has its own validity requirements and visa application charge.

Could you lodge a separate 820/801 application in Australia?

Potentially, if you are in Australia and meet the requirements for a valid onshore Partner Visa application. But this is not simply an administrative switch. Before lodging, you need to check the visa you currently hold, any No Further Stay condition, any section 48 issue after a refusal, Schedule 3 implications if you do not hold a substantive visa, sponsorship and the cost of a second Partner Visa application.

Would you get a refund for the 309 if you lodge an 820?

Do not assume so. Home Affairs states that visa application charges are not usually refunded merely because an application is withdrawn or the applicant changes plans. Lodging a new 820/801 application can therefore create a significant second government charge.

What happens if you withdraw the 309/100?

Home Affairs says withdrawal of a combined Partner Visa application means both subclasses in the pair must be withdrawn. For an offshore application, that means withdrawing both the 309 and 100 components. Withdrawal should not occur until the applicant understands the consequences and has a valid alternative strategy.

When might an 820 strategy be considered?

• The applicant is lawfully in Australia and a valid onshore application is available.
• There is a material strategic reason beyond simply avoiding an offshore grant requirement that no longer exists.
• The couple understands the new application charge and evidence burden.
• There is no visa condition or statutory bar preventing a valid 820 application.
• Bridging visa consequences have been considered.

Illustrative case example: visitor enters Australia during 309 processing

Composite example: A spouse lodged 309/100 overseas and later entered Australia on a Visitor Visa. The couple considered abandoning the 309 and paying for a new 820 application because they believed the 309 could not be granted while the applicant was onshore. That assumption was outdated. Once the current location rule was identified, the strategic question changed from “how do we switch?” to “is there any genuine legal or practical benefit in starting a second Partner Visa application?”

309 versus 820: do not choose by geography alone

The 309 remains an offshore application because it must be lodged while the primary applicant is outside Australia. The 820 must be lodged while the primary applicant is in Australia. But current grant-location rules mean both temporary Partner Visas can now be decided while the applicant is in or outside Australia. Strategy should therefore consider the whole immigration history, not simply where the applicant happens to be on the decision date.

For the two pathways, compare our 309/100 Partner Visa hub and 820/801 Partner Visa hub. Home Affairs also confirms current grant-location rules on the official subclass pages.

General information only. A second Partner Visa application can create cost, visa-status and validity consequences and should be assessed before lodgement or withdrawal.