At Kris Ahn Lawyers, we recently celebrated a significant achievement by successfully securing Partner Visas for two couples on the same day. On 17 October 2024, both the Subclass 820 and Subclass 309 visas were granted simultaneously, demonstrating our team’s expertise in efficiently navigating the Australian immigration process.
Tony, a Special Counsel at Kris Ahn Lawyers, shares these insightful case studies on immigration challenges and solutions.
The Subclass 309 Partner (Provisional) visa, lodged in May 2024, enables the partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to temporarily live in Australia while awaiting the processing of their permanent Partner Visa (Subclass 100).
Meanwhile, the Subclass 820 Partner (Temporary) visa was submitted earlier in December 2023. This visa allows the partner to reside in Australia temporarily while their permanent Partner Visa (Subclass 801) is processed.
Both visas were approved on the same day, showcasing the dedication and proficiency of our legal team in managing complex visa applications. These pathways provide essential support for couples, ensuring their journey toward permanent residency and a life together in Australia.
Onshore Partner Visa (Subclass 820/801)
Overview
The Onshore Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily (Subclass 820) while the application for permanent residency (Subclass 801) is processed.
Key Features
- Eligibility to Work and Study: Subclass 820 visa holders can live, work, and study in Australia while waiting for a decision on their permanent visa (Subclass 801).
- Pathway to Permanent Residency: The Subclass 801 Visa is a permanent visa that can be granted after a period of time, provided the applicant meets all requirements.
- Healthcare Access: While holding the temporary Subclass 820 visa, applicants can access Australia’s Medicare system.
- Application Process: You must be in Australia when applying for the subclass 820 visa.
Relationship Requirements
- Applicants must be in a genuine, continuing relationship with their partner and provide evidence of a shared life together. This includes financial aspects, social recognition of the relationship, and mutual commitment to each other.
Application Fees and Processing Times:
- The visa fees are substantial, with application costs of around AUD 9,095 for the primary applicant.
- Processing times for the 820 visa typically range from 10 to 23 months, with the 801 visa processed after the grant of Subclass 820.
Offshore Partner Visa (Subclass 309/100)
Overview
The Offshore Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. This visa has two stages, with the Subclass 309 (Temporary Visa) being granted first, followed by the Subclass 100 (Permanent Visa) once eligibility is met.
Key Features
- Live, Work, and Study: The Subclass 309 Visa allows temporary residence, while the Subclass 100 Visa grants permanent residency.
- Future Path to Citizenship: After obtaining Subclass 100, applicants may be eligible for Australian citizenship if they meet the residency requirements.
- Eligibility: You must apply for the Subclass 309 visa while outside Australia.
- Processing Times: Subclass 309 Visa processing can take 10 to 23 months. The permanent Subclass 100 Visa is usually processed 12 to 31 months after the 309 Visa.
Relationship Evidence Requirements
- Similar to the Onshore Partner Visa, applicants need to demonstrate the authenticity of their relationship. The evidence should cover financial, social, and household arrangements, and personal commitments to each other.
Comparison Between Onshore and Offshore Partner Visas
- Application Location:
- Onshore Visa: Applicants must be in Australia when applying for the Subclass 820 visa.
- Offshore Visa: Applicants must be outside Australia when applying for the Subclass 309 visa.
- Work and Study Rights:
Both visas grant work and study rights once the temporary visa is approved (Subclass 820 for Onshore and Subclass 309 for Offshore). - Access to Medicare:
- Onshore Visa: Applicants are eligible for Medicare as soon as the Subclass 820 visa is granted.
- Offshore Visa: Medicare access typically begins after the applicant has arrived in Australia with a Subclass 309 visa.
- Processing Times:
- Subclass 820/309 Visas:
- Processing times typically range from 10 to 23 months.
- Subclass 801/100 Visas:
- The permanent visa is generally processed 12 to 31 months.
- Permanent Residency Pathway:
After 2 years of lodging the Subclass 820/309 Visas and meeting the ongoing relationship requirements, you may be able to lodge your application for the stage 2 Subclass 801/100 Visas.
Conclusion
Both Onshore (Subclass 820/801) and Offshore (Subclass 309/100) Partner Visas offer pathways to permanent residency in Australia, but they differ in terms of application location and processing requirements. Each visa provides access to employment, study, and healthcare benefits while the application is being processed. It’s crucial to understand the different requirements and travel conditions attached to each visa.
To better understand which visa suits your specific situation or to ensure a smooth application process, consult Kris Ahn Lawyers. Our team offers comprehensive support and expert guidance through every stage of the partner visa process, helping you reunite with your loved one in Australia.
Disclaimer: Not Legal Advice
The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.
Do not rely solely on the information presented here – but please book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.
Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.
