820 vs 309 Partner Visa for a Filipina Wife or Girlfriend: Onshore or Offshore?
820 or 309? Which is the best Partner Visa?
Australia’s 2026 Visitor visa changes mean Australian men with Filipina partners should no longer assume a tourist visa can be used as a simple pathway to an onshore 820/801 Partner visa. For couples still in the Philippines, the 309/100 Partner visa or subclass 300 Prospective Marriage visa may need to be considered instead, depending on their circumstances.
Australian men with Filipino partners often search:
“820 or 309—which Partner visa should we apply for?”
The answer depends heavily on where your partner is and the circumstances of your relationship.
That question has become even more important following the Australian Government's September 2026 announcement concerning future Visitor visas.
The basic difference
The subclass 820 is the onshore temporary Partner visa.
Home Affairs states that the applicant must be in Australia when applying.
It leads towards the permanent subclass 801.
The subclass 309 is the offshore provisional Partner visa.
Home Affairs states that the applicant must be outside Australia when applying.
It leads towards the permanent subclass 100.
So the basic distinction is:
820/801 = onshore pathway
309/100 = offshore pathway
But getting your partner into Australia is where the strategy becomes more complicated.
Why the tourist visa used to matter
Historically, some couples considered bringing the Filipina partner to Australia on a Visitor visa and then looking at the 820 pathway.
That could be attractive because the couple could potentially live together in Australia while the application was processed. Tourist visa runs out, and straight onto a bridging visa with work and study rights and access to Medicare.
However, the Government has announced that all future Visitor visas will have a No Further Stay provision. The Minister specifically said the change is intended to stop the previous transition from Visitor visas into bridging visas following partner visa and other visa applications.
That makes the offshore pathway much more important for couples whose partners are still overseas.
Does that mean everyone must use the 309?
No.
Every relationship needs to be assessed individually.
The 820 remains an onshore Partner visa.
The question is whether the applicant can validly apply for it while in Australia under the tourist visa and conditions they hold.
A person whose visitor visa contains a No Further Stay condition usually cannot simply make another substantive visa application inside Australia.
What if your partner is in the Philippines?
If your Filipina partner is living in the Philippines, an offshore option is generally the only starting point now.
For an engaged couple intending to marry, the Prospective Marriage visa subclass 300 is usually ideal.
For eligible spouses and de facto partners, subclass 309 is the best choice.
Both are offshore application pathways.
What if you're already married?
Marriage may make the Partner visa pathway the right choice.
But marriage doesn't automatically determine whether the application should be 820 or 309.
Location matters.
If the applicant is outside Australia, the offshore pathway is the obvious choice.
If the applicant is in Australia, the onshore pathway may be considered subject to the visa conditions (ie a lack of an 8503).
What if she is already in Australia?
This is where a visa assessment is vital.
The Government has said its visitor visa reforms concern future Visitor visas and will not affect people already in Australia on their existing visas if they have no 8503.
Therefore, an existing visitor's situation can be different from someone applying for a new Visitor visa after the changes.
Check the actual visa grant and conditions.
Home Affairs recommends using VEVO to check the conditions attached to the visa. We suggest asking us!
Don't choose 820 simply because it sounds faster
Couples sometimes choose the onshore pathway because they want to be together immediately.
That's understandable.
But the best immigration pathway cannot be chosen simply by asking which visa gets the applicant physically into Australia first. Not anymore.
The visa needs to be legally available in the circumstances and the applicant must be qualified.
The application needs to be prepared appropriately.
And the couple needs to understand what happens while the application is being processed.
The new strategic question
Before the September 2026 reforms, a couple might have asked:
“How do we get her to Australia first?”
Now the more useful question is:
“Which Partner visa pathway should we establish first?”
That is a significant change in thinking.
Down Under Visa can assess your circumstances
Down Under Visa provides a Free Visa Eligibility Check for Australian men with Filipino partners.
We look at the relationship circumstances, location and intended future before discussing the appropriate visa options.
We do not publish our detailed client requirements or professional fees online. Those are part of our professional service after the assessment.
The 820/801 pathway still exists.
The 309/100 pathway definitely still exists.
The important change is that Australian couples should no longer assume a new tourist visa can simply be used as the bridge between the Philippines and an onshore 820 application.
That assumption is exactly what the Government's new visitor visa policy is designed to change.
Who are Down Under Visa? Who is Jeff Harvie?
Jeff Harvie and the Down Under Visa team have been doing this for a lot of years! Down Under Visa have brought thousands of couples to Australia from South East Asia over the years. Mostly from the Philippines, but we help increasing numbers of couples where the visa applicant is from China, Thailand, Vietnam or Cambodia. And what this means is we see a lot of success....and we also see failures when people go it alone after talking to their mate, or their relative, or that minimal-care-no-responsibility Facebook group run by Steve and Maribeth based on their own visa application! One application, and they feel qualified to advise others! It's not even LEGAL to do that!
Want to bring your sweetheart to Australia from The Philippines, Thailand, Vietnam, Cambodia or Southeast Asia? Get a FREE VISA ASSESSMENT today! It won't take you long, and you will be rewarded with a clear and detailed assessment that will tell you everything you need. One assessment only!
