June 14, 2023

What is an Onshore Visa (820/801)?

If you are already in Australia and would like to apply for an On-shore Partner (820/801) visa and are Migrating to Australia, you must know that the process is two-fold. First, the temporary visa (820) will be issued, which grants you a two-year stay in Australia with your partner. At the end of the two years, if you meet all the criteria, you can apply for a permanent visa (801), which allows for a longer-term stay in Australia.

When lodging the visa application, you must be in Australia. If you have a valid substantive visa and are applying for the partner visa onshore, you will be given a bridging visa until the application is processed. This visa allows you to work and study in Australia, but you will need a Bridging Visa B if you wish to travel outside the country.

What is an Offshore Visa (309/100)?

The Offshore Partner Visa (Subclass 309 and 100) is a two-step procedure that grants permanent residence to the partner or spouse of an Australian citizen or permanent resident. The notable difference between the offshore partner (309) visa and the onshore partner (820) visa lies in the location of the applicant when they apply and when the decision is made – the offshore visa requires the applicant to be outside Australia at both times.

Onshore and Offshore Visa Applications

If you wish to apply for an Australian visa while in Australia at the time, you must be present in the country when applying and when the visa is granted. You will be given a Bridging Visa, and depending on what type you get, you may or may not be allowed to leave Australia while your primary visa application is being processed. Processing onshore applications may take longer and cost more than offshore applications.

However, you can still travel to Australia with a visitor visa while the Australia permanent residency visa application is being finalized. If your application is ready for approval, you can leave Australia and visit another country outside of Australia, such as New Zealand, before the visa is confirmed. It is important to remember that it is not necessary to return to your home country while waiting for the visa to be approved. Regardless of the type of visa application you are making, you are still able to travel with a visitor visa and explore other countries while waiting for the results of your Australian permanent residency visa application.

Ensure Approval

  1. Read the requirements carefully: Make sure you meet all the criteria and requirements set out in the visa application before starting your application. This includes providing any evidence or documents that prove your eligibility for a partner visa. You can Contact Us for more information about this.
  2. Organize your documents: Have all your documents ready before you start the application process. This includes a valid proof of identity, marriage certificates, and character certificates.
  3. Double-check your application: Make sure to carefully review your application and provide the correct details before submitting it. Any mistakes can cause further delays with your visa application.
  4. Be prepared for medical checks: You will be required to undertake a medical examination in order to be granted an onshore or offshore partner visa. Make sure you have all the necessary documents and medicals completed before submitting your application.
  5. Follow-up with updates: Once your application is lodged, keep track of its progress and contact the relevant authorities in case of any queries.

The Process of Visa Application

People who are applying for a combined visa subclass 820/801 and 309/100 normally go through two stages in the application process. Initially, their partner will be granted a temporary visa (either 820 or 309). After two years after the date they both lodged the applications, the Immigration Department will start assessing the permanent visa application (100 or 801).

Permanent residency can be obtained if the Immigration Department confirms that the couple is still in a genuine relationship with their eligible sponsor. Those who meet Certain Point Requirements at the time of submitting their combined applications may also be eligible for immediate permanent residency in Australia with your partner. This applies to couples who have been together for three years or more, or for two years and have a child or children together.

Additionally, partners holding a subclass 309 visa or having applied for the 820/801 might be able to obtain permanent residency if the relationship has ended due to domestic violence or the eligible sponsor has passed away.

Requirement for Partner Visa in Australia

  • Must be the spouse/de facto partner of an Australian permanent resident or New Zealand citizen
  • Must be under 18 years of age
  • Must satisfy health and character requirements as set by DHA/immigration department
  • Must not owe any money to the Australian government
  • Must provide evidence of a genuine and continuing relationship (at least 1 year for de facto partners)
  • Must accept visa conditions attached to partner visa before application

How Can We Help You?

We at How to Write CDR have been able to provide a comprehensive guide for both onshore and offshore visa applications. Our team of experienced professionals has taken the time to analyze each application type, helping you understand the differences between them and providing advice on how to make each application successful. With our Step-by-Step Guide, we’ve made the complicated process of applying for a visa easier and more efficient including regional provisional visas, tourist visas, temporary activity visas and others. We are confident that our solutions will help you get the best outcome possible. Thank you for choosing us as your service provider.

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