Understanding Australian Partner Visas: Onshore and Offshore Applications

Australia’s partner visa program provides an incredible opportunity for couples to live together and build a future in one of the world’s most vibrant and multicultural nations. Whether you are an Australian citizen, permanent resident, or eligible New Zealand citizen, sponsoring your partner to join you in Australia is a significant step in strengthening your bond and starting a new chapter together.

However, navigating the partner visa application process can be complex and time-consuming. With multiple options available, including onshore partner visas for those already in Australia and offshore partner visas for applicants residing overseas, understanding the nuances of each is crucial. From eligibility criteria to application procedures and processing times for partner visas in Australia, each detail plays a pivotal role in the success of your application.

This blog provides a comprehensive guide to partner visas for Australia, equipping you with the essential knowledge to choose the right visa, prepare your application, and increase the likelihood of approval. Whether you’re applying from within Australia or abroad, this article will address key concerns and offer practical tips to help streamline the process.

Read on to explore everything you need to know about partner visa options, from eligibility and required documentation to costs and common challenges. With the right guidance and preparation, you’ll be well on your way to reuniting with your loved one in Australia.

Types of Partner Visas

Australia offers several partner visa options, primarily categorized into onshore and offshore applications:

• Onshore Partner Visa (Subclass 820/801): Designed for applicants residing in Australia at the time of application. The Subclass 820 is a temporary visa leading to the permanent Subclass 801 visa.
• Offshore Partner Visa (Subclass 309/100): Intended for applicants outside Australia when applying. The Subclass 309 is a temporary visa that transitions to the permanent Subclass 100 visa.
• Prospective Marriage Visa (Subclass 300): For individuals planning to marry their Australian partner; allows entry into Australia to marry within a specified period.

Eligibility Criteria

To qualify for a partner visa, applicants must demonstrate:

• Genuine Relationship: Proof of a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
• Age Requirement: Both partners must be at least 18 years old.
• Health and Character Standards: Applicants must meet health and character requirements as stipulated by the Department of Home Affairs.
• Financial and Social Aspects: Evidence of shared financial responsibilities and social recognition of the relationship.

Application Process

The application process for Australian partner visas is multifaceted, with specific steps and requirements depending on whether you are applying for an onshore partner visa (Subclass 820/801) or an offshore partner visa (Subclass 309/100). Understanding each step is crucial to ensure a smooth and successful application. Below is a detailed breakdown of the processes for both onshore and offshore applications:

Onshore Partner Visa (Subclass 820/801):

• Eligibility and Preparation:
• Ensure you meet the eligibility criteria, including being in Australia at the time of application.
• Gather evidence demonstrating your relationship, such as shared financial records, social proof, and photographs.
• Submitting Your Application:
• Applications are lodged online through the Department of Home Affairs’ ImmiAccount portal.
• The application includes both the temporary (Subclass 820) and permanent (Subclass 801) visas, with the permanent visa assessed once eligibility is established for the temporary visa.
• Bridging Visa Grant:
• After submitting your application, you will typically be granted a Bridging Visa A (BVA), allowing you to stay in Australia legally while your partner visa is processed.
• The BVA provides full work and study rights, ensuring minimal disruption to your life during the waiting period.
• Processing and Communication:
• Regularly check your ImmiAccount for updates or additional document requests.
• Be prepared to provide further evidence if required during the processing phase.
• Temporary Visa Outcome (Subclass 820):
• Once granted, the Subclass 820 visa allows you to continue living in Australia with your partner.
• The permanent Subclass 801 visa is assessed and granted at a later stage, typically after two years of holding the Subclass 820 visa, provided the relationship is ongoing.

Offshore Partner Visa (Subclass 309/100):

• Eligibility and Preparation:
• Ensure you meet the criteria for an offshore application, including being outside Australia at the time of both application and the grant of the Subclass 309 visa.
• Prepare evidence to prove the authenticity and continuity of your relationship.
• Submitting Your Application:
• Lodge your application online via ImmiAccount, similar to onshore applications.
• The application includes both the Subclass 309 (temporary visa) and Subclass 100 (permanent visa) assessments.
• Awaiting Processing:
• Unlike onshore applications, no bridging visa is issued, so you will need to remain outside Australia during processing.
• Regularly monitor communication from the Department of Home Affairs to provide additional documentation if required.
• Temporary Visa Outcome (Subclass 309):
• Once granted, the Subclass 309 visa allows you to enter and live in Australia with your partner.
• You may also be eligible to access work and study rights, depending on the visa conditions.
• Permanent Visa Outcome (Subclass 100):
• Similar to the onshore process, the Subclass 100 visa is granted after meeting additional criteria, such as proving the continued validity of your relationship.

Some applicants may be eligible for direct permanent residency under the Subclass 100 visa if they can demonstrate a long-term relationship.

General Tips for Both Application Processes

• Accuracy Is Key: Ensure all forms are filled out correctly and include accurate details about your relationship and personal circumstances.
• Supporting Evidence: The strength of your application lies in the quality of your supporting documents. Be thorough and consistent in presenting evidence.
• Professional Assistance: Consider seeking advice from expert registered migration agents Perth – Australian Migration Co to enhance your application and avoid common pitfalls.
• Be Proactive: Respond promptly to any requests for additional information or documentation to avoid unnecessary delays.

Processing times can vary based on individual circumstances and the completeness of the application. As of December 2024, the Department of Home Affairs provides the following estimates:

Onshore Partner Visa (Subclass 820):

• 25% of applications processed in 6 months.
• 50% in 9 months.
• 75% in 18 months.
• 90% in 37 months.

Permanent Partner Visa (Subclass 801):

• 25% processed in 6 months.
• 50% in 11 months.
• 75% in 16 months.
• 90% in 25 months.

Offshore Partner Visa (Subclass 309):

• 25% processed in 4 months.
• 50% in 8 months.
• 75% in 15 months.
• 90% in 30 months.

Permanent Partner Visa (Subclass 100):

• 25% processed in 5 months.
• 50% in 12 months.
• 75% in 17 months.
• 90% in 31 months.

Note: These times are subject to change; always refer to the Department of Home Affairs for the most current information.

Key Differences Between Onshore and Offshore Partner Visa Applications

• Applicant’s Location: Onshore applicants must be in Australia; offshore applicants must be outside Australia during application and visa grant.
• Processing Times: Offshore applications may experience shorter processing times compared to onshore applications.
• Bridging Visas: Onshore applicants receive a Bridging Visas, allowing them to stay in Australia during processing; offshore applicants do not receive bridging visas.
• Work and Study Rights: Onshore applicants on a BVA have work and study rights; offshore applicants gain these rights upon visa grant.

Pros and Cons

Onshore Partner (Subclass 820/801) Visa:

Pros:

• Stay with Partner: Allows couples to remain together in Australia during processing.
• Access to Medicare: Eligible applicants can access Australia’s healthcare system.
• Work and Study Rights: Full rights granted under the BVA.

Cons:

• Longer Processing Times: Potentially longer compared to offshore applications.
• Application Cost: Higher fees compared to some other visa types.

Offshore Partner (Subclass 309/100) Visa:

Pros:

• Shorter Processing Times: Generally quicker processing.
• Immediate Permanent Residency: In certain cases, applicants may be granted permanent residency upon arrival.

Cons:

• No Bridging Visa: Offshore applicants are not eligible for a bridging visa, requiring them to remain outside Australia until their visa is granted.

Common Challenges in Partner Visa Applications

Applying for a partner visa can be complex and involves meeting stringent requirements. Common challenges include:

• Proving the Relationship: Providing sufficient evidence of a genuine and ongoing relationship is crucial. This includes:
• Joint financial documents (bank accounts, loans, etc.).
• Shared household evidence (bills, lease agreements, etc.).
• Photos, travel history, and social media interactions.
• Incomplete Documentation: Missing or insufficient documentation can lead to delays or refusal.
• Lengthy Processing Times: Patience is often required, especially for onshore applications where processing times can extend beyond expectations.
• Changes in Personal Circumstances: Changes such as employment status or residence can complicate the process.
• Understanding Legal Requirements: Navigating legal jargon and understanding the specific requirements for each visa subclass can be overwhelming.

Tips to Expedite Your Partner Visa Application

To improve the likelihood of a successful and timely outcome, consider the following tips:

• Submit a Complete Application: Ensure all forms are accurately completed and accompanied by required documentation.
• Provide Detailed Evidence: Go beyond the minimum required documentation to strengthen your case.
• Engage a Migration Agent: Professional migration agents can guide you through the process and assist with complex cases.
• Check Processing Timeframes: Stay updated on current processing times to manage expectations and plan accordingly.
• Maintain Consistent Communication: Keep the Department of Home Affairs informed of any changes to your circumstances.

Cost of Partner Visa Applications

The cost for Australian partner visas can be significant:

• Initial Application Fee: Starts at AUD 8,085 for primary applicants (as of 2024).
• Additional Charges: May apply for secondary applicants (e.g., dependent children) or for health and character checks.

It’s important to budget for these costs and consider seeking professional advice to ensure your investment yields results.

How Australian Migration Co Can Help

At Australian Migration Co, we specialize in assisting couples through every stage of the partner visa application process. Here’s what sets us apart:

• Expertise in Partner Visas: With years of experience, we have a thorough understanding of onshore and offshore partner visa requirements.
• Personalized Support: We offer tailored advice and support, ensuring your unique circumstances are taken into account.
• Comprehensive Documentation Assistance: From gathering evidence to submitting the application, we ensure every detail is covered.
• Ongoing Updates: We keep you informed throughout the process, providing regular updates on the status of your application.

Conclusion:

Applying for a partner visa is a significant step in reuniting with your loved one and building a future together in Australia. The process may seem daunting, with its intricate eligibility criteria, documentation requirements, and varying processing times for partner visas in Australia, but with the right preparation and expert guidance, success is achievable.

Whether you are applying for an onshore partner visa to stay with your partner in Australia during processing, or an offshore partner visa from outside the country, understanding the specific requirements of your chosen visa subclass is key. From providing compelling evidence of your relationship to navigating the legal intricacies of the application, a thoughtful and thorough approach can make all the difference.

At Australian Migration Co, we understand the complexities involved in applying for partner visas and are here to provide personalized support every step of the way. Our expertise in both onshore and offshore applications allows us to tailor our services to your unique situation, ensuring you submit a strong, well-prepared application.

Don’t let the challenges of the process overwhelm you. Contact Australian Migration Co today for a consultation, and let us help you reunite with your partner in Australia. Together, we’ll make your migration journey as smooth and stress-free as possible.

Your dream of living together in Australia starts with the right partner—both in life and in navigating the migration process. Reach out to us and begin your journey today.

Australian Migration Co is here to help you every step of the way.

Contact us today to discuss your case and start your partner visa journey with confidence.

Reunite with Your Loved One: Australia Partner Visa Guidance | Source

Australian Migration Co – Registered Migration Agents Perth

The Department of Home Affairs

Immigration Advice and Right Centre

The information provided in this article serves as a general overview of the topic and is not intended as specific legal or migration advice. Every individual’s situation is unique, and we strongly recommend seeking professional guidance tailored to your specific needs and circumstances.