How Do Onshore and Offshore Partner Visas Differ?

The partner visa pathway provides a way for couples who want to build their life together in Australia to obtain residency. The process can, however, be quite complicated, especially when it comes to applying for a partner visa, either onshore or offshore. It is important to know the difference between these two in order to ensure a streamlined application process. Immigration consultants in Australia can assist the applicants to choose the option that best suits their situation or requirements.

What is a Partner Visa?

A partner visa is a type of visa that enables the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to come to Australia. It comes in two general categories:

• Onshore Partner Visa (Subclass 820/801)

• Partner Visa (Offshore) (Subclass 309/100)

Both visa types operate a two-stage process whereby a temporary visa is granted that permits the applicant to live in Australia. If they remain eligible, they can apply for permanent residency after two years.

Key Differences Between Onshore and Offshore Partner Visas

1. Location of Applicant at the Time of Lodgement

• Onshore Partner Visa: The applicant must be in Australia at the time of application and when the temporary visa is granted
• Offshore Partner Visa: The applicant is outside Australia when they apply for the visa and when the temporary visa is granted.

2. Bridging Visa Eligibility

• Bridging Visa (onshore): Applicants may receive a bridging visa, enabling them to stay in Australia while waiting for their temporary partner visa decision.
• Offshore Visa: No bridge visa granted to applicants. They have to remain outside Australia until a determination is made regarding their application.

3. Processing Time

• Onshore partner visas also tend to have higher processing times since applicants can get a bridging visa to stay in Australia while the application is processed.
• In some cases, offshore partner visas will be processed more quickly, as applicants are not given the same bridging visa privileges. However, processing times differ based on individual cases and existing immigration policies.

 

4. Work and Study Rights

• Onshore Visa Holders: For those applying with onshore visas, holders of bridging visas have the right to work should their application be processed, but they need to support themselves while that occurs.
• Offshore Visa: As the candidates need to stay outside Australia, they won’t be able to work in Australia until their temporary visa is approved.

 

5. Criteria and Fees of Application

• Partner visa application fees for onshore or offshore partners are the same.
• For onshore applicants who are in a visa with “No Further Stay”, you might not be eligible to apply for an onshore partner visa and you need to leave to submit your application offshore.

 

6. Appeals and Decision Reviews

• The Administrative Appeals Tribunal (AAT) provides onshore applicants the right to appeal a visa refusal.
• For offshore applicants, rights of appeal are limited, and most must reapply in the event of refusal.

Which Partner Visa is Right for You?

Realistically, the decision between an onshore/offshore partner visa will come down to personal circumstances:

• When an applicant is in Australia and wants to make sure they can stay with their partner whilst the visa is pending, an onshore partner visa would be (usually) the best option.
• An offshore partner visa may be appropriate if the applicant is outside of Australia and agrees to remain outside while the visa is processed.

Even for those under tight travel restrictions or difficult visa conditions, preventing onshore applications from getting further guidance from an Immigration Consultant Australia will help find the best plan for a successful application.

Common Challenges and How to Overcome Them

1. Evidence Required to Meet Relationship RequirementsBoth visa types need a lot of evidence of an honest and ongoing relationship. Joint financial documents, shared living arrangements, and communication records are examples. So remember to submit strong evidence, otherwise, applicants may face refusal or delay.
2. Long Processing The partner visa can take up to multiple months/years to process. Applicants must plan accordingly, keeping valid visas and meeting all criteria while waiting for approval.
3. Visa Condition RestrictionsOther visas have restrictions on onshore applications. Sometimes, this will require an offshore application or a waiver.
4. Addressing Visa Refusals
   Applicants must be aware of their rights to appeal or reapply in case a partner visa application is refused. The success of such situations can be much better with professional legal assistance.

Conclusion

Understanding the differences between onshore and offshore partner visas is crucial for couples planning their future in Australia. Factors such as location at the time of application, processing times, work rights, and bridging visa availability influence the choice between the two pathways. Consulting an experienced Immigration consultant in Australia can streamline the process, ensuring all requirements are met efficiently. Whether applying onshore or offshore, proper planning and strong documentation can significantly enhance the chances of visa approval.