Navigating the Differences Between Onshore and Offshore Australian Partner Visa: Which is Best For You?
Australian Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia permanently. There are three different Australian Partner Visa subclasses: the onshore Partner Visa (subclass 820/801), the offshore Partner Visa (subclass 309/100), and the Prospective Marriage Visa (subclass 300). Each of them has different requirements, pros and cons. Understanding the differences between onshore and offshore Australian Partner Visa is important to ensure you’re on the right pathway in reuniting with your loved ones.
With over 10 years of experience, in this article, I will guide you through:
- Differences between onshore and offshore Partner Visa;
- Pros and cons of onshore and offshore Partner Visa;
- How to choose the best Partner Visa subclass for your situation; and
- More FAQs at the end of our discussion
Key Differences Between Onshore and Offshore Partner Visa Australia
The key difference between onshore and offshore Australian Partner Visa is solely on the location where you should apply. The onshore Australian Partner Visa (subclass 820/801) requires you to be in Australia at the time of visa lodgment. In contrast, an offshore Australian Partner Visa (subclass 309/100) requires you to be outside Australia at the time of visa lodgement.
Additionally, the key differences between onshore and offshore Australian Partner Visa also lay under its processing time and application process as explained below:
1. Processing Time
The processing time for onshore and offshore Partner Visa applications is different. The processing time for an onshore Partner Visa is longer compared to an offshore Partner Visa, with details:
- Onshore Partner Visa: 9-14 months (for subclass 820); 9-22 months (for subclass 801)
- Offshore Partner Visa: 12-21 months (for subclass 309); 9-17 months (for subclass 100)
2. Application Process
Regarding the application process, as explained above, the onshore Partner Visa application requires you to be in Australia. In this case, you must hold a valid substantive visa at the time of application. Upon applying, you will be granted a Bridging Visa. The Bridging Visa will allow you to stay, work, and study in Australia legally while waiting for the decision on your onshore Partner Visa application.
Meanwhile, the offshore Partner Visa application requires you to be outside Australia (you can be in your home country or other countries). You will not be granted a Bridging Visa when applying for an offshore Partner Visa. However, you are still allowed to travel to Australia on a Visitor Visa if you need to visit your partner.
Here’s another vital aspect to understand before submitting an Australian Partner Visa: 4 Pillars Partner Visa: Evidence of Genuine Relationship
Pros and Cons of Applying Onshore and Offshore Partner Visa
Both onshore and offshore Partner Visa applications offer you benefits and drawbacks. Considering these pros and cons of applying for an onshore and offshore Partner Visa should be your priority to avoid submitting the wrong application.
Pros and Cons of Onshore Partner Visa (subclass 820/801) Application
Pros:
- It is easier to meet the cohabitation requirement, especially if you’re applying for a Partner Visa as a de facto couple because you can live with your partner in the country.
- The Bridging Visa provides access to work and study with no limitations. The Bridging Visa you receive upon application submission allows you to work and study in Australia legally. You may also apply for an interim Medicare card.
- No more long-distance relationships. Applying for onshore means being close to your Australian partner, which can be emotionally reassuring and make the application process easier.
Cons:
- There’s a risk of uncertainty of being on a temporary visa if your relationship ends before you transition to a permanent visa.
Pros and Cons of Applying for an Offshore Partner Visa (subclass 309/100)
Pros:
- Shorter processing time. As previously explained, the offshore Australian Partner Visa application process is faster than onshore ones, which allows you to rejoin with your spouse or de facto partner quickly.
- Fewer preliminary requirements. Offshore Partner Visa applications may have fewer prior requirements, simplifying the application process.
- Completing evidence for your Partner Visa application may be easier, as the separation may be due to other factors, such as job or family obligations.
Cons:
- You will be separated from your partner during the application process if your partner lives in Australia.
Important: before applying for an Australian Partner Visa, understand the red flags that may lead your application to refusal: Partner Visa Refused in 2024: Why? And How to Avoid It?
How to choose the best Australian Partner Visa subclass for your situation
Choosing between an onshore or offshore Partner Visa is crucial as it determines how soon you can reunite with your loved ones. As explained above, each of them offers benefits and drawbacks to consider. To ease your concern, let’s look at five considerations to choose the best one:
1. Location: Where are you and your partner currently?
Your current location matters when choosing the correct visa subclass.
- If both of you are in Australia, the onshore Partner Visa (subclass 820/801) may be preferable. It allows you to be together in Australia while your application is being processed, providing peace of mind and proximity during the critical period.
- An offshore Partner Visa (subclass 309/100) is more appropriate if you and your partner reside in different countries. Once approved, you will be able to join your partner in Australia.
- Tip: If you are already in Australia on a temporary visa with no restriction to apply for a visa onshore, the onshore Partner Visa option assures you do not have to leave your partner.
2. Timeline: When do you want to be together in Australia?
Time is often the most important consideration for couples, including for both of you.
- When applying for the onshore Partner Visa, you will also be granted a Bridging Visa, which allows you to remain in Australia and live with your partner while your application is being processed. This option is ideal for you if you want to spend less time apart.
- If you apply for the offshore Partner Visa, it may take longer for you to join your partner in Australia permanently because you must wait for the visa approval first.
- Tip: Consider your priorities. If getting together as quickly as possible is your top priority, the onshore Partner Visa option may be the way to go.
3. Legal requirements: Do you meet the eligibility criteria?
As explained, each visa subclass has different requirements, so understanding these is critical.
- Both onshore and offshore Partner Visas need detailed evidence of your relationship, including proof of a genuine and ongoing relationship.
- If you are applying onshore, ensure your current visa allows you to submit another application onshore without restrictions.
- Tip: The team and I at ONEderland Consulting can assist you in navigating these requirements, ensuring you have the proper documentation to minimize unnecessary delays and that your current visa has no restrictions for onshore visa applications.
4. Commitment: Are you prepared for the waiting period and challenges?
Applying for an Australian Partner Visa demands patience and determination.
- Depending on your circumstances, the onshore and offshore Partner Visa application processes can take months or even years.
- You must prove your commitment to each other, such as shared finances, joint activities, and mutual support.
- Tip: If you have strong foundations and clear communication, you can get through this process more easily. Ensure both of you are ready for this journey.
5. Long-term goals: What is your ultimate goal for your future in Australia?
Consider your future goals in Australia and how your visa decision will fit into them.
- If your ultimate goal is permanent residency and a life with your spouse or de facto partner, the Partner Visa offers a clear path to that goal.
- Both onshore and offshore Partner Visas lead to permanent residency, but your current circumstances and future goals should influence your decision.
- Tip: Consult with a migration agent to discuss your long-term goals and how your visa option fits into them.
If you’re still unsure, consider having a personal consultation session with our Registered Migration Agent. Our consultation session is more than just a conversation. It’s a promise backed by a 100% refund guarantee if you’re unsatisfied with our service. We are proud to share that we have a 98% success rate and are experts in handling complex cases. So, don’t hesitate to reach out to us.
We’re here to help you.
Our visa specialists at ONE derland Consulting will help you decide the best option. We have a 98% success rate and are one of Australia’s most highly recommended migration agents. Read our 4.9* score customer reviews.
We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the MARA.
Our team speaks various languages, such as Mandarin/Chinese, Bahasa Indonesia, Arabic, Japanese, and Thai. Contact us through email at [email protected] or via phone at 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.
More FAQs on Onshore and Offshore Partner Visa
1. What type of Partner visas are available in Australia?
There are currently three different Partner visas available in Australia:
- Prospective Marriage visa (300)
- Partner visa (820/801) onshore
- Partner visa (309/100) offshore
Notice that the differences between onshore and offshore Australian Partner Visas are outright stated by Australian immigration itself.
2. What is a Prospective Marriage (300) visa?
A Prospective Marriage visa is a visa that enables an applicant to come to Australia temporarily. It gives you up to 9 months to live with your partner before the marriage has to take place. This visa must be applied outside Australia, and the applicant must be outside Australia at the time of decision.
3. What is a Partner visa?
A Partner visa allows partners of legally married couples and de-facto couples of Australian Citizens, Permanent Residents, and eligible New Zealand Citizens to come to and stay in Australia.
4. What is an onshore (820/801) Partner visa?
The onshore Partner visa (820/801) is a two-stage process visa that must be applied for in Australia.
The first stage (subclass 820) is a temporary visa. Once granted, you will be given two years to live in Australia with your Partner.
The second stage (subclass 801) is a permanent visa that allows you to stay permanently with your partner in Australia.
You must be in Australia when you apply and make a decision to apply for an onshore visa.
Suppose you apply for your partner visa onshore while you have a substantive visa in Australia. In that case, you will be granted a bridging visa to stay in Australia. At the same time, you wait for the process of your partner visa application.
The bridging visa will give you permission to work and study in Australia. It won’t allow you to travel outside Australia; however, if you need to, you must apply for a Bridging visa B – travelling.
5. What is an offshore (309/100) Partner visa?
The offshore Partner visa (309/100) is a two-stage process visa. You must apply for it offshore in a country other than Australia; once granted, you can come to Australia and live with your partner while applying for the Permanent stage.
The second stage (subclass 100) is a permanent visa that allows you to stay permanently with your partner in Australia.
If you apply for an offshore visa overseas, you must be overseas when you lodge the (subclass 309) (provisional) application, and you must be overseas when a decision is made. With the (subclass 100) Permanent visa, you can be in Australia or overseas when granted. No bridging visa is granted if you apply for a visa outside Australia.
6. Should we have lived together to apply for a Partner visa?
Suppose you are applying for a de facto Partner visa. In that case, you must have been in a relationship with your partner for at least 12 months before applying.
7. How long is the temporary Partner visa valid for?
Generally, you will be granted a two-year temporary visa that leads to a permanent residence visa as long as the relationship is genuine and continuing.
8. Can I work or study whilst on a temporary Partner visa?
While on a temporary Partner visa, you can work and study in Australia.
9. Am I entitled to Medicare benefits?
You can enrol in Medicare Benefits whilst on a temporary Partner visa.
10. Can I get government funding while studying on a temporary partner visa?
Unfortunately, on a temporary Partner visa, you are not entitled to Government funding while studying.
11. Does the Partner visa require a sponsor?
All Partner visas require a sponsor who is fully responsible for their partner’s financial obligations, accommodation, and living needs.
12. Are there any health examinations required?
Before entering Australia, you must undergo a health examination and meet the Department of Home Affairs’s character requirements.
13. Can we apply for temporary and permanent Partner visas at the same time?
Both the temporary and permanent Partner visas can be done at the same time in one application.
14. Do I need to provide a Police Clearance Certificate?
You must provide a Police Clearance Certificate for any country where you have lived for more than 12 months in the past 10 years.
15. Can I travel in and out of Australia on a Temporary Partner visa?
You can travel in and out of Australia whilst on a Temporary Partner visa until a decision about your permanent partner visa is made.
16. What are the fees for the onshore and offshore Partner visa?
Department of Home Affairs fees for onshore and offshore Partner visas is AUD 9,095 for the main applicant.
ONE derland Consulting fees range between AUD 4,500 to AUD 5,500, depending on the complexity of the application. (This fee excludes any medical examination, visa charge, or translation of documents if required).
