Partner Visas Perth

Onshore and Offshore Partner Visas

The main difference between the Subclass 309/100 Visas and Subclass 820/801 Visas are the way in which you apply – either from within Australia or outside of Australia. The Subclass 820 Visa is an ‘Onshore’ Partner Visa and requires the applicant to be within Australia when applying for the visa and at the time their visa is granted. This will require logistical planning to ensure evidence requirements are prepared according to schedule and before the applicant’s temporary visa expires. It’s important to note, delays could result in the applicant having to return to their home country and apply from offshore.

During the current pandemic, the Government is focused on processing Partner Visas – particularly for applicants already in Australia who apply onshore. The below graph shows the impact of the pandemic on Onshore 820 Partner Visa grants from 1 Jan 2020 to 31 Dec 2020.

Australia’s ‘Offshore’ Partner Visa is known as the Subclass 309/100 Visa. This visa requires the applicant to be outside of Australia when applying and when the visa is granted. It is more flexible than the Subclass 820/801 Visa as it does not require applicants to be bound by time constraints of a temporary visa. As the application is made offshore, couples will need to be comfortable with continuing their relationship long-distance until the visa is granted.

During the current pandemic, it is also still possible to apply for an Offshore 309 Partner Visa for partners that are overseas. Once an Offshore Subclass 309 Partner Visa is granted, these visa holders can come to Australia without requesting for a Travel Exemption. The below graph shows the impact of the pandemic on Offshore 309 Partner Visa grants from 1 Jan 2020 to 31 Dec 2020.

Partner Visa Requirements

There are several eligibility requirements which determine whether you can obtain a Subclass 309/100 Partner Visa. Applicants need to provide evidence showing their relationship is able to satisfy the below criteria:

• Financial
• Social
• Nature of household
• Nature of commitment

The way in which a couple can provide evidence for the above requirements will differ depending on their relationship status, living arrangements and other factors. The Department of Home Affairs assesses the above criteria to determine the genuineness of the couple and ultimately, to decide whether to grant a Partner Visa.

Am I Eligible To Sponsor My Partner?

To sponsor your partner for an Australian visa, you will need to be an Australian citizen, Australian permanent citizen or an eligible New Zealand citizen. It’s important to know, new legislation will require sponsors to first become approved as an eligible sponsor before a Partner Visa application can be made. Find out how the implementation of the family sponsorship framework will impact couples applying for a Partner Visa – particularly those intending to apply for an Onshore Subclass 820/801 Visa.