Australian Partner Visa Processing Priorities 2026: Direction 117, 820/801 vs 309/100

Australian Partner Visa Processing Priorities 2026: Direction 117, 820/801 vs 309/100

Australian Partner Visa Processing Priorities 2026: Direction 117, 820/801 vs 309/100

If you are applying for an Australian Partner visa in 2026, you may have seen references to Ministerial Direction 117 and changes to the way Family visa applications are prioritised.

For couples comparing the 820/801 onshore Partner visa pathway with the 309/100 offshore Partner visa pathway, the change is important.

From 25 July 2026, qualifying onshore Partner visa applications under the Subclass 820/801 pathway receive the highest processing priority among Partner visa applications, while offshore Subclass 300, 309 and 100 applications receive lower priority. Ministerial Direction 117 replaced Direction 102 on that date. (Immigration and citizenship Website)

Direction 117 changes the order in which applications are considered. It does not change Partner visa eligibility or provide a guaranteed processing timeframe.

This means a higher processing priority does not necessarily mean every 820 application will be decided before every 309 application.

If you already have a Partner visa application pending, or you are comparing the onshore and offshore pathways, this guide explains what Direction 117 changes, what current Partner visa processing times mean, when priority processing may be available, and what applicants should know in 2026.

Key takeaways

  • Ministerial Direction 117 commenced on 25 July 2026, replacing Direction 102 for relevant Family visa processing.
  • Qualifying onshore Partner visa applications under the 820/801 pathway currently receive the highest processing priority among Partner visa applications.
  • Offshore Subclass 300, 309 and 100 applications receive lower processing priority.
  • Lower-priority Partner visa applications are likely to experience longer processing times, although individual applications can still progress differently.
  • Processing priority does not change the eligibility criteria for a Partner visa or guarantee a particular decision date.
  • Current published processing times indicate that 50% of Subclass 820 applications are processed within 23 months and 90% within 29 months, while 50% of Subclass 309 applications are processed within 21 months and 90% within 39 months. 
  • Priority processing may be available in limited cases involving special circumstances of a compassionate nature and compelling reasons to depart from the normal processing order. (Immigration and citizenship Website)

Direction 117
What is Ministerial Direction 117?

Ministerial Direction 117 sets the current processing priorities for relevant Family visa applications.

It commenced on 25 July 2026 and replaced Direction 102.

Under the current framework, the highest priority is given to relevant Family visa applications where:

  • the primary applicant made the application while in Australia; and
  • the visa can also be granted while the applicant is in Australia.

Lower priority applies where the primary applicant was outside Australia when the application was made or must be outside Australia when the visa is granted. (Immigration and citizenship Website)

For Partner visas specifically, current Partner visa processing guidance confirms that qualifying onshore Subclass 820 and 801 applications receive the highest processing priority, while offshore Subclasses 300, 309 and 100 receive lower priority. (Immigration and citizenship Website)

820/801 vs 309/100: which Partner visas receive priority?

The 820/801 pathway is the onshore Partner visa pathway:

  • Subclass 820 is the temporary Partner visa stage; and
  • Subclass 801 is the subsequent permanent Partner visa stage.

The 309/100 pathway is the offshore Partner visa pathway:

  • Subclass 309 is the provisional Partner visa stage; and
  • Subclass 100 is the subsequent permanent Partner visa stage.

The Department of Home Affairs describes the Subclass 820 visa as the first step towards the permanent Subclass 801 visa, just as the Subclass 309 is the first step towards the permanent Subclass 100 visa. (Immigration and citizenship Website)

Under Direction 117, qualifying onshore Partner visa applications under the 820/801 pathway currently receive higher processing priority than offshore 309/100 applications.

If you are considering the offshore pathway, our complete guide to the Offshore Partner Visa Subclass 309 and 100 explains the provisional and permanent stages, eligibility and relationship evidence in more detail.

How do Partner visa processing priorities work?

The current position can be summarised as follows:

Application typeCurrent processing position
Onshore Subclass 820/801 pathwayHighest processing priority among Partner visa applications
Offshore Subclass 309/100 pathwayLower processing priority
Prospective Marriage Subclass 300Lower processing priority
Exceptional priority requestMay be considered in limited compassionate and compelling circumstances

Partner visa applications are generally assessed in the order in which they are received, subject to the applicable priority framework. Qualifying onshore 820/801 applications currently receive the highest Partner visa processing priority. (Immigration and citizenship Website)

Individual processing times can still vary because of factors such as:

  • the completeness of the application;
  • requests for further information;
  • health or character checks;
  • security checks;
  • the complexity of the application; and
  • overall application volumes.

This is why processing priority and processing time should not be treated as the same thing.

What are the current Partner visa processing times in 2026?

As of 24 September 2026, current published processing times indicate that 50% of Subclass 820 applications are processed within 23 months and 90% within 29 months. For Subclass 309 applications, 50% are processed within 21 months and 90% within 39 months.

These figures need to be interpreted carefully.

The published processing times are based on recently decided applications and provide an indication of how long an application may take to process. They should not be read as:

  • a guaranteed processing time for Subclass 820;
  • a guaranteed processing time for Subclass 309; or
  • a prediction of when an individual application will be decided.

The Department of Home Affairs specifically notes that processing times can vary between visas within its published categories. (Immigration and citizenship Website)

For couples already waiting, the 50% and 90% processing figures provide a broader indication of recent processing activity than a single median figure, but they still cannot tell you exactly when your own application will be finalised. 

You can check the latest visa processing times before relying on any published figure.

Does higher priority mean an 820/801 visa will be processed faster?

Qualifying applications under the 820/801 pathway currently sit within the highest Partner visa processing-priority group.

Offshore 309/100 applications receive lower priority, and current guidance states that lower-priority Partner visa applications are likely to experience longer processing times. (Immigration and citizenship Website)

However, that does not mean every 820 application will necessarily be finalised before every 309 application.

An application that requires further evidence, clarification, or additional checks may take longer to process than another application, even if it falls within a higher-priority category.

What does Direction 117 mean for existing 820/801 applicants?

If you have already lodged a qualifying onshore Partner visa application under the 820/801 pathway, your application currently falls within the highest Partner visa processing-priority group.

That does not change the ordinary visa criteria or remove the need for complete and accurate evidence.

Applicants should continue to:

  • monitor ImmiAccount;
  • keep contact and personal details up to date;
  • provide requested information promptly; and
  • notify relevant changes in circumstances.

If concerns are raised about information provided in an application, our guide to Partner Visa Section 57 letters and Invitations to Comment explains what those notices can mean and why they should be handled carefully.

What does Direction 117 mean for 309/100 applicants?

The 309/100 offshore Partner visa pathway remains available.

Direction 117 does not abolish the pathway or change the substantive visa criteria.

It does mean that offshore 309/100 applications currently receive lower processing priority than qualifying onshore applications under the 820/801 pathway. (Immigration and citizenship Website)

An existing 309/100 application does not need to be lodged again simply because processing priorities have changed.

It is also important not to assume that the higher processing priority given to onshore applications means an onshore pathway is necessarily available to every applicant. Eligibility must be considered separately.

What happens to applications lodged before 25 July 2026?

Pending Partner visa applications continue to be processed under the current processing-priority framework.

The commencement of Direction 117 does not, by itself, mean an existing Partner visa application needs to be re-lodged.

For applicants with an offshore application already pending, the application remains pending while the current processing priorities apply.

Can you request priority processing of a Partner visa?

Potentially, but only in limited circumstances.

Direction 117 allows an application to be prioritised where it involves:

  • special circumstances of a compassionate nature; and
  • compelling reasons to depart from the normal processing order.

Priority decisions are made on a case-by-case basis after the individual circumstances have been considered. (Immigration and citizenship Website)

A request for priority processing is not guaranteed to be approved.

What circumstances are not usually enough for priority processing?

Current guidance identifies several circumstances that are not considered compelling or compassionate on their own, including:

  • financial hardship or other personal financial reasons;
  • purchasing property;
  • employment;
  • intending to start a family;
  • pregnancy;
  • pain and suffering caused by separation;
  • pre-arranged wedding plans; and
  • health assessments, police certificates or passports approaching expiry. (Immigration and citizenship Website)

This does not necessarily mean those circumstances can never form part of a broader request. The overall circumstances and supporting evidence still need to satisfy the compassionate-and-compelling threshold.

If you are considering requesting priority processing and would like an assessment of whether your circumstances may meet this threshold, please contact Emerson Migration Law to discuss your circumstances and the prospects of making a priority-processing request.

How do you request Partner visa priority processing?

Applicants seeking priority processing are currently directed to use the Partner processing enquiry form.

The current process requires an applicant to:

  1. select the option “I want to request priority processing”;
  2. provide a signed statement explaining the reasons for the request;
  3. attach supporting evidence through ImmiAccount; and
  4. ensure the required supporting documents for the underlying visa application have already been submitted. (Immigration and citizenship Website)

Priority processing does not remove the requirement to satisfy all applicable visa criteria.

Speak to a Lawyer today

If you are interested in getting more information about a visa, get in touch with Emerson Migration Law for a consultation.

    The more detail you provide, the better we can assess your enquiry and direct it to the right person.

    Can priority processing make the 801 or 100 stage available earlier?

    No.

    For holders of a temporary Subclass 820 or provisional Subclass 309 visa, eligibility for permanent-stage assessment is separate from processing priority.

    Current guidance states that two years must have passed since the Partner visa application was lodged before the applicant is eligible to be assessed for the permanent visa.

    If that eligibility has not yet arisen, a request for priority processing cannot make the permanent-stage assessment available earlier. (Immigration and citizenship Website)

    Why does a complete Partner visa application still matter?

    A complete application does not guarantee a faster decision.

    However, completeness can help avoid unnecessary delays. Current processing guidance specifically identifies application completeness as one of the factors that can affect processing times. (Immigration and citizenship Website)

    Partner visa evidence may include information relating to:

    • the financial aspects of the relationship;
    • the nature of the household;
    • the social aspects of the relationship;
    • the nature of the couple’s commitment;
    • identity and personal history; and
    • previous relationships and immigration history.

    The aim is not simply to provide a large number of documents. The evidence should be relevant, consistent and responsive to the requirements of the application.

    How do the September 2026 Visitor visa changes affect Partner visa applicants?

    A separate migration announcement made in September 2026 may also be relevant to people considering an onshore Partner visa pathway.

    On 17 September 2026, the Government announced that it intends to introduce a No Further Stay condition to all Visitor visas. In his 17 September 2026 National Press Club speech, the Minister explained that the change concerns future visas and the rules applying to future visas, and said it would have no impact on people already in Australia in that respect. (Home Affairs Ministers)

    As at 24 September 2026, the announcement itself does not specify a commencement date.

    For Partner visa applicants, it is therefore important to distinguish between:

    • the conditions already attached to an existing Visitor visa; and
    • the announced settings for future Visitor visas once the change is implemented.

    Some couples have previously considered travelling to Australia on a Visitor visa and later exploring whether an onshore 820/801 Partner visa application could be made.

    Once the announced settings take effect, a future Visitor visa carrying a No Further Stay condition may affect whether that option is available.

    The conditions attached to the particular visa and the rules that apply at the relevant time will therefore need to be checked.

    Can you move from a 309/100 strategy to an 820/801 pathway?

    Considering an onshore 820/801 pathway does not change the status of an existing 309/100 application.

    Whether a separate onshore Partner visa application can validly be made depends on the applicant’s circumstances and the rules applying at the relevant time.

    Relevant matters may include:

    • where the applicant is located;
    • the visa currently held;
    • visa conditions;
    • whether a valid onshore application can be lodged;
    • the implications for an existing application;
    • visa application charges;
    • bridging visa arrangements;
    • travel requirements; and
    • immigration history.

    If travel becomes relevant while another visa application is being processed, our guide to Bridging Visa B travel, re-entry and processing explains some of the practical issues involved.

    What should Partner visa applicants do now?

    If you already have a Partner visa application pending:

    • keep your information current;
    • check that required evidence has been provided;
    • monitor ImmiAccount;
    • respond appropriately to requests for further information; and
    • if genuinely exceptional circumstances arise, consider whether a priority-processing request may be available.

    If you have not yet lodged a Partner visa application, processing priority should not be considered in isolation.

    The requirements of the relevant Partner visa, your current visa, visa conditions, location, travel plans and immigration history may all affect the pathways available.

    Frequently asked questions about Direction 117

    →  When did Ministerial Direction 117 commence?

    Ministerial Direction 117 commenced on 25 July 2026 and replaced Direction 102 for relevant Family visa processing. (Immigration and citizenship Website)

    →  Are 820/801 Partner visa applications prioritised?

    Yes.

    Qualifying onshore Partner visa applications under the Subclass 820/801 pathway currently receive the highest processing priority among Partner visa applications. (Immigration and citizenship Website)

    →  Are 309/100 Partner visa applications still being processed?

    Yes.

    The offshore 309/100 pathway remains available. These applications currently receive lower processing priority than qualifying onshore Partner visa applications.

    →  What are the current processing times for 820 and 309 Partner visa applications?

    Current published processing times indicate that 50% of Subclass 820 applications are processed within 23 months and 90% within 29 months, while 50% of Subclass 309 applications are processed within 21 months and 90% within 39 months. 

    These figures are indicative only and are based on recently decided applications. They should not be treated as a specific forecast or guaranteed processing time for an individual application. 

    →  Does higher priority guarantee that my 820 application will be decided quickly?

    No.

    Higher processing priority does not guarantee a particular processing time or decision date.

    →  Can I request priority processing?

    Potentially.

    A request may be considered where there are special circumstances of a compassionate nature and compelling reasons to depart from the normal processing order.

    Requests are assessed case by case and approval is not guaranteed. (Immigration and citizenship Website)

    →  Is pregnancy enough for priority processing?

    Not by itself.

    Pregnancy is specifically identified as a circumstance that is not considered compelling or compassionate on its own. (Immigration and citizenship Website). 

    → Does Direction 117 change Partner visa eligibility?

    No.

    Direction 117 concerns processing priority. It does not change the substantive eligibility requirements for the 820/801 or 309/100 Partner visa pathways.

    →  Can priority processing make my 801 or 100 eligible for assessment earlier?

    No.

    Two years must have passed since the Partner visa application before a holder of a temporary Subclass 309 or 820 visa is eligible for permanent-stage assessment. Priority processing does not create that eligibility earlier. (Immigration and citizenship Website)

    Partner visa processing after Direction 117

    Direction 117 has changed the order in which relevant Partner visa applications are prioritised.

    Qualifying onshore Partner visa applications under the 820/801 pathway currently receive the highest processing priority, while offshore 309/100 applications receive lower priority.

    That distinction can affect processing expectations, but it does not change which visa pathway is legally available to an applicant.

    For couples, it can help to separate two questions:

    Which Partner visa pathway is available in our circumstances?

    and

    How is that application currently prioritised for processing?

    They are related, but they are not the same question.

    At Emerson Migration Law, we assist couples with onshore and offshore Partner visa applications, processing delays, priority-processing requests, visa conditions and complex immigration histories.

    If you are considering an 820/801 onshore Partner visa pathway, a 309/100 offshore Partner visa pathway, or need advice about how Direction 117 may affect an existing application, contact our team to discuss your circumstances.

    Portrait of Aishwarya Somal

    About the author:

    Aishwarya Somal

    LLB. (UQ) GradDipLP

    Aishwarya Somal is a multi award-winning Australian Immigration lawyer, recognised for delivering commercially nuanced solutions for global investors, professionals, and businesses wishing to migrate to Australia. With a reputation for precision and personalised service, Aishwarya’s unique strength lies in navigating complex migration pathways with commercial insight and global perspective.

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