Simply put, an Australian Partner visa enables an Australian’s spouse or de facto partner to reside and earn a living there. An onshore partner visa application (subclass 820/801) or an offshore partner visa application (subclass 309/100) are the two ways to apply for an Australian partner visa.
This article will examine the distinctions between these sorts of applications and provide some crucial advice for submitting a visa application.
Subclass 820/801 of the Onshore Partner Visa
There are two phases to obtaining an onshore partner visa:
Stage 1: Combined application for the partner visa (subclasses 820 and 801), both temporary and permanent
Stage 2: Filed two years after Stage 1, to demonstrate that the connection is still alive.
You must first be granted a temporary Partner visa in order to apply for a permanent Partner visa (subclass 801). (subclass 820). You must first satisfy the prerequisite requirements, which include:
being a de facto partner or spouse (married) of:
- an Australian national
- suitable New Zealander or
- an Australian citizen on permanent residency
If the aforementioned criteria are met, you must also be present in Australia for stage 1 to be filed and for the subclass 820 visa to be approved. For stage 2 to be filed and the subclass 801 visa to be issued, you can be inside or outside of Australia.
BENEFITS
While your application is being processed, you will have access to Medicare if you apply for an onshore partner visa. The majority of stage 1 applications presently take 21 months to process for this visa. When the visa you were on at the time of application expires, you will immediately be placed on a Bridging visa A (BVA), which allows you to work and study both full-time. Additionally, you can apply for a Bridging visa B (BVB) that will allow you to leave and return to Australia.
Subclass 309/100 Offshore Partner Visa
Likewise, the offshore partner visa is split into two phases:
Stage 1: Combined application for a partner visa (subclass 309) and a partner visa (subclass 100).
Stage 2: Filed two years after Stage 1, to demonstrate that the connection is still alive.
You must first be granted a temporary Partner visa in order to apply for a permanent Partner visa (subclass 100). (subclass 309). Similar to the onshore partner visa, you must initially fulfill the following requirements:
being a de facto partner or spouse (married) of:
- an Australian national
- suitable New Zealander or
- an Australian citizen on permanent residency
The main distinction in the application process is that stage 1 must be submitted outside of Australia, and the subclass 309 must also be approved outside of Australia. Another distinction is that if you are married by the time the application is decided upon, you may also apply for an offshore partner on the basis of a “intended” marriage. For stage 2 to be filed and the subclass 100 visa to be issued, you can be inside or outside of Australia.
BENEFITS
Even after applying for an offshore partner visa, you can still travel while your application is being processed on a temporary visa, such as a visiting visa. The benefit of filing for an offshore Partner is that you will probably see quicker stage 1 visa processing timeframes, which are typically around 13 months for a decision (although the Coronavirus pandemic may impact offshore processing times). The drawback of this is that you might have to spend at least a year apart from your sweetheart. Having said that, if you can’t find another method to enter Australia, an offshore Partner visa may be your best choice.
When this visa is approved, you will have access to advantages including Medicare, the freedom to work and study full-time, unlimited travel to and from Australia, and no-cost English lessons.
Conclusion
In conclusion, the location of the applicant at the time the application is submitted and the timing of the decision on stage 1 of the application constitute the main distinction between an onshore and an offshore Partner visa. As previously mentioned, an onshore visa will offer you access to a Bridging Visa A, which will enable you to work and study full-time in Australia once your current visa expires. Once the Partner (Provisional) Visa (Subclass 309) has been issued, these advantages will apply to offshore partner visas.
