Partner Visa Application: Onshore (Subclass 820/801) or Offshore (Subclass 309/100)?
A common question regarding partner visas is whether to apply while your partner is in Australia on a visitor visa or after they return to their home country. The decision depends on various factors, and it’s essential to consider the following aspects.
What are the Eligibility Criteria for a Partner Visa?
The Onshore Partner Visa (Subclass 820) and Offshore Partner Visa (Subclass 309) share the same eligibility criteria. You must demonstrate that your relationship is:
Genuine and lasting
Committed to a future together
Prospective Marriage Visa (Subclass 300)
The Prospective Marriage visa (Subclass 300) is specifically for applicants outside Australia and serves as a pathway to the Subclass 820 visa post-marriage. This visa is suitable if you are not yet married and do not meet the requirements for a de facto relationship.
What are the Main Differences Between Onshore and Offshore Partner Visas?
Bridging Visa:
Onshore (Subclass 820): If you apply in Australia, you receive a Bridging Visa, allowing you to stay until a decision is made. This visa typically grants work rights and access to Medicare.
Offshore (Subclass 309): If you apply from outside Australia, you do not receive a Bridging Visa and must remain overseas until your visa is granted.
Processing Times:
Onshore (Subclass 820): Benchmark processing time is about 16 months as of today. During this period, offshore applicants can live and work in Australia.
Offshore (Subclass 309): Benchmark processing time is around 20 months as of today.
Why Apply from Offshore?
There are several reasons to consider applying from offshore:
Timing: Preparing to relocate can take time, and the processing duration can help manage logistics.
Visa Eligibility: Some individuals may struggle to obtain a visitor visa because their country is classified as "high risk," which can make entering Australia difficult.
Condition 8503 - No Further Stay: If imposed on a visitor visa, this condition prevents applying for another visa while in Australia, necessitating an offshore application.
Visitor (Subclass 600) Visa Considerations
If your partner is applying for a visitor visa, they must intend to leave Australia before the visa expires. This requirement is part of the Genuine Temporary Entry condition, which may result in the imposition of Condition 8503 – No Further Stay. This condition would prevent them from applying for a partner visa in Australia. Learn if you can request a waiver for No Further Stay Condition 8503.
Choosing the Right Partner Visa
The best approach depends on your specific situation and eligibility:
If only eligible for the Offshore Partner Visa (Subclass 309), your decision is straightforward: you need to be offshore to apply.
If eligible for the Onshore Partner Visa (Subclass 820), consider the benefits of applying while in Australia but weigh the implications of your current visa status and any conditions attached.
How can Agape Henry Crux Help You?
The decision to apply for a partner visa onshore or offshore should be made after careful consideration of your circumstances and eligibility; if you are in doubt, contact us to speak with one of our Accredited specialists in Immigration Law, Immigration Lawyers and Registered Migration Agents. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02 8310 5230 or email us to book a time at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if these aren't your language.
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