Onshore Partner Visa or Offshore Partner Visa? Confused? Let us explain!
Have you been considering applying for a Partner Visa to join your loved one in Australia? You may have heard about the onshore (Subclass 820/801) and offshore (Subclass 309/100) partner visa options but are unsure which one is the best fit for you.
The decision isn’t always straightforward, and understanding the differences between the two pathways can help you make the right choice.
Let’s dive in and explore the key distinctions to help you determine which one suits your unique situation.
What are the Key Differences between onshore partner visa & offshore partner visa?
| FACTORS | ONSHORE PARTNER VISA | OFFSHORE PARTNER VISA |
|---|---|---|
| Who can apply? | Individuals already in Australia who wish to apply to stay with their Australian partner. | Individuals outside Australia who wish to join their Australian partner. |
| What is the Application Process? | Apply while in Australia, stay in the country while the application is processed. | Apply from outside Australia, wait for the visa decision while abroad. |
| What are the Processing Times | Can take longer in some cases due to factors such as the applicant’s history. | May be quicker, but you will have to wait outside Australia until the visa is granted. |
| Department Fees | AUD 9,095 | AUD 9,095 |
| Advantages | You can remain with your partner in Australia, work, study, and live while awaiting a decision. | Once granted, you can travel to Australia and live permanently with your partner. |
Which Visa Should You Choose?
When deciding between the Onshore and Offshore Partner Visas, you need to consider your personal circumstances and what’s most important to you.
Here are some important factors to help guide your decision:
Are You Already in Australia?
If you are already in Australia and want to remain with your partner, the onshore subclass 820/801 is your best option.
It allows you to stay in Australia while your application is processed.
Plus, you get to live together with your partner.
This can be a major advantage if you’re hoping to build your life together in the country.
If you’re outside Australia, the offshore subclass 309/100 is your path forward.
You’ll need to wait until your visa is granted before entering Australia and reuniting with your partner, but this option could be better if you’re not yet in the country.
Do You Want to Stay in Australia While Waiting?
One of the most significant benefits of the Onshore Partner Visa is that you can remain in Australia while your application is being processed.
This gives you peace of mind, knowing you’re already with your partner and have the right to live and work in Australia during the wait.
On the other hand, the Offshore Partner Visa requires you to remain outside Australia while waiting for your visa decision.
This can be difficult if you’re eager to be with your partner, but if you don’t mind the wait, this option can still provide a clear path to reunification.
How Quickly Do You Want to Be Reunited?
While the Onshore Partner Visa allows you to stay in Australia,
it can sometimes take longer for the visa to be granted
compared to an offshore application.
If you are already in Australia, applying for the Onshore Partner Visa can offer peace of mind, but it could take more time.
For Offshore Partner Visa applicants, the process can be a bit quicker depending on your case, though you will need to wait outside Australia.
Once your offshore partner visa is granted, you’ll be able to join your partner and live together in Australia.
What Happens If Your Visa Is Refused?
In the case of a refused Onshore Partner Visa, you will typically remain in Australia while you appeal the decision.
The Offshore Partner Visa, however, requires you to remain outside Australia during the entire process.
If your application is rejected, you may need to stay outside the country while appealing the decision.
Key Takeaways
Subclass 820 & 801 is for individuals already in Australia who wish to stay with their Australian partner while the visa is processed.
You can live, work, and study in Australia while waiting for your visa decision.
Subclass 300 or 309/100 is for individuals outside Australia who wish to join their Australian partner.
You’ll need to wait outside Australia, but once approved, you can travel and live in Australia permanently.
How We Can Help You Choose the Right Path?
At Emigrate Lawyers, we understand the emotional and logistical challenges of applying for a Partner Visa.
Our team of expert immigration lawyers is here to guide you through the process, assess your circumstances, and advise you on the best course of action.
Whether you’re applying for the Subclass 820/801 or Subclass 309/100, we’ll help ensure that your application is submitted correctly and increase your chances of success.
Ready to Start your Journey?
Choosing the right Partner Visa can make a world of difference.
Contact us today for a consultation. Get a free quote to discuss about onshore partner visa and offshore partner visa.
We’ll help you navigate the visa process, ensuring you can be reunited with your loved one as soon as possible.
Let us take care of the legal details while you focus on building your future together in Australia.
Start your journey to a new life together, one step closer with your Partner Visa.
WELL … WHAT ARE YOU WAITING FOR?!
Whether you’re applying for onshore or offshore Partner Visa, we’ll be with you every step of the way, making sure your application is strong and ready.
Book a Consultation with Our Partner Visa Expert Today!
Let us take the stress out of the process and boost your chances of success.
Contact us now and take the next step towards building your future together in Australia!
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For personalized assistance, consult with a qualified migration lawyer at Emigrate Lawyers.
