Whether applying onshore (subclass 820/801) or offshore (subclass 309/100), understanding the process is crucial. Stay informed as we dive into the intricacies and benefits of each pathway.
Basically, an Australian Partner visa will enable a spouse or de facto partner of an Australian to live and work in Australia. An Australian Partner visa application can be made either onshore (subclass 820/801) or offshore (subclass 309/100).
When you apply for an Australian visa while you are outside of Australia, this is called an offshore visa application. Onshore visa applications are made while you are within Australia.
We will discuss the differences between these two types of visa applications in this post, as well as provide you with some important tips to remember when lodging your visa application.
Onshore Partner Visa – Subclass 820/801
The onshore partner visa is a two-stage process:
Stage 1:
Submit a combined application for the temporary (subclass 820) and permanent (subclass 801) partner visa. In the first stage, you are granted a temporary visa that allows you to live with your partner in Australia for two years.
Stage 2:
Filed 2 years after stage 1 to demonstrate a continuing relationship. In the second stage of the process, you will be granted a permanent visa, which will allow you to live with your partner permanently in Australia.
Onshore partner visas require you to be in Australia both when you lodge the application and when the decision is made.
Prior to obtaining a permanent Partner visa (subclass 801), you must first obtain a temporary Partner visa (subclass 820). In order to qualify for this visa, you must first meet the following requirements:
You are the spouse (married) or de facto partner of:
- Australian citizen
- eligible New Zealand citizen or
- a permanent resident of Australia
You must also be in Australia to lodge stage 1 and apply for a subclass 820 visa if you meet the above requirements.
Offshore Partner Visa – Subclass 309/100
The term offshore partner visa refers to a process that takes place while a partner is abroad in another country. After the visa is granted, you can come to Australia. Applicants for offshore partner visas must be overseas when they apply. They must also be overseas when the decision is made.
The offshore partner visa is a two-stage process:
Stage 1:
This stage provides you with a temporary visa that allows you to live in Australia with your partner. Temporary partner visas (subclass 309) and permanent partner visas (subclass 100) can be applied for together.
Stage 2:
Filed two years after stage 1 to demonstrate that the relationship is still ongoing. This is a permanent visa. To qualify for an offshore partner visa, you must first meet the following basic requirements:
Being the spouse (married) or de facto partner of an:
- Australian citizen
- eligible New Zealand citizen or
- a permanent resident of Australia
Temporary And Permanent Visas
It is important that stage 1 and stage 2 of the application must both be lodged outside of Australia if the subclass 309 is to be granted. Additionally, you can apply for an offshore partner based on an ‘intended’ marriage, as long as you are married at the time the application is decided.
While you await the decision on your permanent partner visa, you will still be able to travel in and out of Australia on a temporary partner visa. With a temporary visa, you can also enroll in medical benefits, work, and study in Australia.
You can apply for both stages (the temporary and permanent visas) at the same time.
How To Ensure Your Application Is Approved
There are a number of reasons why partner visas can be denied. Following are a few questions to ask during the application process to ensure it is processed quickly and approved:
- Is my relationship considered genuine by the Department? Visas for partners are often refused due to non-genuine relationships.
- Can you show photos of yourselves together?
- Do you have a joint bank account?
- Do you exchange texts and calls?
- Have you ever traveled together?
These are all things that prove the genuineness of your relationship.
Is my response to all the requests of the embassy or immigration officer complete?
In the event that an embassy or immigration official contacts you for additional documentation, you must provide that information. Otherwise, your visa will be refused.
Did I meet the requirements for the interview?
You will be asked questions regarding your partner and relationship during your interview. Applicants who do not adequately answer these questions may have their applications rejected.
Is all of my documentation authentic and current?
The Department verifies and checks all documents you provide. Thus, it is crucial that all documents you provide are true and accurate. Otherwise, your visa will be denied.
How can I determine if I meet the health and character requirements?
To qualify for the visa, you must pass medical examinations and x-rays, as well as pass character tests. It’s especially critical that you consider your character requirements and anything that might hinder you from meeting them. Have you ever been convicted of a crime? Do you have any acquaintances who might be involved in a crime?
Is there anything else I need to know?
Partner visas require a sponsor. The sponsor is responsible for the partner’s financial obligations, accommodations, and living expenses.
The Department of Immigration and Border Protection will also require you to undergo a health examination and meet its character requirements.
How Do I Apply?
Your application for a partner visa should be carefully prepared and submitted. The process can be handled by us, and we will help make sure you receive your visa as quickly as possible. Contact us today to get started.