Since 25 July 2026, Ministerial Direction 117 sets the order in which the Department processes family visas, including partner visas. It replaced Direction 102. The biggest change is that applications made in Australia, which can be granted in Australia, now sit in a higher priority tier than offshore applications. This guide explains what that means for 820 and 309 applicants.
Key points
- Direction 117 started on 25 July 2026 and replaced Direction 102.
- Onshore 820 and 801 applications are in the higher priority tier.
- Offshore 309 applications are in the lower tier, because the applicant must be outside Australia when applying.
- Within each tier, partner visas are second only to Ministerial intervention cases.
- Priority affects order, not the decision itself.
The two tiers
| Tier | Who is in it | Partner visas |
|---|---|---|
| Higher | Main applicant in Australia at application, and the visa can be granted in Australia | 820 and 801 |
| Lower | Main applicant outside Australia at application, or must be outside Australia at grant | 309 and 300 |
The order within each tier
- cases where the Minister has intervened;
- partner, prospective marriage and dependent child visas;
- orphan relative visas;
- contributory parent visas;
- carer visas;
- non-contributory parent, remaining relative and aged dependent relative visas.
Under Direction 102, partner, de facto and prospective spouse applications shared equal highest priority after Ministerial intervention cases, regardless of where they were lodged. Location now comes first. An onshore 820 is ahead of an offshore 309 even though both are partner visas.
What this means for couples
- Already in Australia on a valid visa: an 820 may now move faster than a 309 would, but check the conditions on your current visa first. A no further stay condition such as 8503 can block an onshore application. See condition 8503 and partner visas.
- Outside Australia: the 309 remains the right visa for most couples living overseas. Do not travel to Australia just to apply onshore without advice.
- Without a substantive visa: extra Schedule 3 criteria apply to onshore applications. See Schedule 3 and section 48.
Faster processing in special cases
The Department can still depart from the order where there are compassionate circumstances and compelling reasons, and older guidance gave examples such as a life-threatening illness or permanent harm to the sponsor or family. Ask for priority in writing and include evidence.
A complete application still matters most
Priority only decides which applications are worked on first. A complete, well evidenced application avoids requests for more information that can add months. See partner visa processing times and how to prove your relationship.
What you should do now
- Check which tier you are in: it depends on where you were when you applied.
- Do not change strategy without advice: visa conditions and Schedule 3 can make onshore applications risky.
- Ask for priority if it applies: compassionate and compelling reasons need evidence.
- Lodge a complete application: it is the best way to avoid delays.
Frequently asked questions
Are onshore partner visas processed faster now?
Onshore 820 applications are in the higher priority tier under Direction 117, but actual times also depend on each case and on Department resources.
When did Direction 117 start?
On 25 July 2026. It replaced Direction 102.
Is the 309 still a good option?
Yes, for couples living outside Australia. The 309 is in the lower tier but is still processed ahead of most other offshore family visas.
Can I move to Australia to apply for an 820 instead?
Only if your visa allows it. Many visitor visas have a no further stay condition. Get advice first.
Can I ask for my application to be prioritised?
Yes, if there are compassionate circumstances and compelling reasons, supported by evidence.
Related guides
- 820 and 801 partner visa
- Offshore partner visa (309 and 100)
- Partner visa processing times
- Direction 117 and family visa priority
- Condition 8503 and partner visas
- Schedule 3 and section 48
Not sure whether to apply onshore or offshore? Book a consultation with one of our registered migration agents.
This article is general information only and is not legal advice for your situation.







Working, Studying and Medicare While Your 820 Partner Visa Is Pending
Visiting Australia While Your 309 Partner Visa Is Processed
Partner Visa Processing Priority: Why Onshore Applications Now Come First
From the 309 to the 100 Partner Visa: Timing, Evidence and Where You Need to Be
Partner Visa After the Death of Your Sponsor: Can You Still Stay?