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September 3, 2023
Australia has long been a dream destination for individuals seeking new opportunities and a fresh start. However, for those considering making the move Down Under, understanding the intricacies of the visa application process is absolutely essential. Among the myriad visa options available, one of the most common pathways to Australian immigration is through a partner visa, which can be categorized into two distinct types: onshore and offshore.
Partner Visas: A Gateway to Australia
A partner visa in Australia enables spouses or de facto partners of Australian permanent residents, citizens, or eligible New Zealand citizens to reside in the country temporarily or permanently. This type of visa is designed to facilitate the reunification of couples and families.
The Australian Partner Visa is available through two distinct application processes: the Onshore Partner Visa application (subclass 820/801) and the Offshore Partner Visa application (subclass 309/100). These visas come with unique characteristics, requirements, and benefits, making it essential for applicants to understand the differences before embarking on their Australian journey.
Onshore vs. Offshore: Understanding the Basics
Onshore Partner Visa (Subclass 820/801)
The onshore partner visa, as the name suggests, is designed for applicants who are physically present in Australia both when they apply for the visa and when the visa is granted. During the onshore application process, applicants are typically granted a Bridging Visa, allowing them to stay in Australia while awaiting the processing of their substantive partner visa.
This Bridging Visa comes in different types, each with specific conditions. Some may restrict international travel during the main visa application processing period, while others may only permit work once the primary visa is finalized.
It's important to note that onshore applications generally take longer to process than their offshore counterparts and may involve higher fees.
The onshore partner visa comprises two stages:
- stage 1: Initial application for the temporary (subclass 820) and permanent (subclass 801) partner visas.
- Stage 2: The second stage, which is lodged two years after the first, aims to demonstrate the ongoing nature of the relationship.
To be eligible for the initial application (stage 1), applicants must meet certain criteria, including being the spouse (married) or de facto partner of an Australian citizen, eligible New Zealand citizen, or a permanent resident of Australia. Additionally, applicants must be in Australia both when lodging the application and when the subclass 820 visa is granted.
For stage 2, applicants can apply from within or outside Australia, and the subclass 801 visa can be granted in either circumstance.
Benefits of Getting an Onshore Visa:
- Access to Medicare throughout the processing period.
- Possibility of obtaining a Bridging Visa A (BVA) after the initial visa expires, allowing work and full-time study.
- Option to apply for a Bridging Visa B (BVB) to facilitate international travel during the application process.
Offshore Partner Visa (Subclass 309/100)
In contrast, the offshore partner visa application is for individuals who are outside of Australia when they apply for the visa and when it is granted. However, this doesn't mean applicants can't visit Australia during the application process. They are welcome to obtain an Australian visitor visa and continue with their application.
The offshore partner visa, like its onshore counterpart, comprises two stages:
- Stage 1: Initial application for the combined temporary (subclass 309) and permanent (subclass 100) partner visa.
- Stage 2: Lodged two years after stage 1 to demonstrate the ongoing nature of the relationship.
To be eligible for the initial application (stage 1), applicants must meet criteria similar to those for the onshore visa, including being the spouse (married) or de facto partner of an Australian citizen, eligible New Zealand citizen, or a permanent resident of Australia.
The key difference in the application process is that applicants must be outside Australia when lodging stage 1, and the subclass 309 visa is also granted while they are outside the country. Another distinction is that applicants can apply for an offshore partner visa based on an 'intended' marriage if they are married when a decision is made on the application. For stage 2, applicants can apply from within or outside Australia, and the subclass 100 visa can be granted in either circumstance.
Benefits of Getting an Offshore Visa:
- The flexibility to travel on a temporary visa, such as a visitor visa, during the processing of the partner visa application.
- Potentially shorter processing times for stage 1, usually around 13 months.
- The option to live apart from the partner for at least one year during the application process.
- Access to benefits like Medicare, work and study opportunities, freedom of travel to and from Australia, and free English classes upon visa grant.
Requirements for Partner Visas in Australia
Irrespective of whether you choose an onshore or offshore partner visa, there are primary eligibility criteria that applicants must meet:
- The applicant must be the spouse or de facto partner of an Australian permanent resident, citizen, or eligible New Zealand citizen.
- The applicant must be below 18 years of age.
- Satisfy the health and character requirements as determined by the Department of Home Affairs (DHA).
- Must not owe any money to the Australian government.
- Provide evidence to prove the relationship is genuine and ongoing, including family gatherings, marriage certificates, joint accounts, and more.
- If the applicant is in a de facto relationship, there must be evidence that the relationship has been ongoing for over a year.
Onshore and Offshore Visa Process: Two-Stage Journey
Both the onshore and offshore partner visas typically involve two stages of the application process. Initially, the partner is granted a temporary visa (820 or 309). Then, two years after lodging the initial applications, the Department of Home Affairs begins assessing the permanent visa application (801 or 100). The permanent visa is granted if the immigration department is satisfied that the partner's relationship with their eligible sponsor remains genuine.
In some cases, certain partners may be eligible for immediate permanent residency after receiving the temporary visa. This applies to couples demonstrating an eligible relationship lasting for at least three years or for at least two years with the addition of having a child or children together. Additionally, those holding a subclass 309 visa or applying for the 820/801 visa may also secure permanent residency if their relationship breaks down due to domestic violence or if the eligible sponsor passes away.
Bridging Visas: A Temporary Solution
When applying for an Australian onshore visa, one visa may expire
before the approval of the next one. In such situations, bridging visas become crucial. These temporary visas act as a bridge, allowing the applicant to stay in Australia while their paperwork is being processed, ensuring they avoid any legal issues associated with unauthorized residence.
Bridging visas come in various types, each offering different benefits and restrictions. Some bridging visas permit work, while others may not. Additionally, certain visas govern the holder's ability to travel internationally.
Moreover, a bridging visa can also be advantageous for those applying for an Australian offshore visa, enabling the applicant to travel to and from the country. However, it is highly recommended to consult an immigration expert before international travel to ensure a smooth border-crossing experience without legal complications.
In Conclusion: Navigating the Path to Australia
In conclusion, understanding the difference between Australia's onshore and offshore visa application processes is vital for anyone considering immigration. Each approach has unique advantages and challenges tailored to diverse circumstances and preferences.
For onshore applicants, the ability to lodge their visa application while already in Australia provides opportunities for bridging visas and continued legal presence during processing. Conversely, offshore applicants may benefit from more straightforward processing pathways and reduced competition for visa quotas.
Whether one chooses to apply onshore or offshore, seeking professional advice and guidance is crucial to navigate the complexities of the Australian visa system successfully. By being well-informed about these distinctions, aspiring migrants can make informed decisions that align with their goals and ensure a smoother and more successful visa application journey.
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