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Onshore Partner Visa: Your Path to Australian Residency

Australia has traditionally been a popular destination for those seeking a new start and better possibilities. If you’re thinking about moving to Australia for your work, then you should grasp the visa application process.

There are many types of visas that can be used to move to Australia. One of these is the partner visa, which is further broken down into onshore and offshore types.

Individuals in either a married or de facto relationship can apply for Australia’s partner visa, allowing them to live in the country temporarily or permanently. The partner must be in a relationship with an Australian permanent resident, an Australian citizen, or an eligible New Zealand citizen.

Couple discussing the Onshore Partner Visa information, highlighting the path to Australian residency.

This visa allows an Australian citizen’s spouse or de facto partner to live and work in Australia. The application process includes two visa applications: the Onshore Partner Visa application (subclass 820/801) and the Offshore Partner Visa application (subclass 309/100).

If you are not in Australia, you can apply for an overseas visa. If you are in Australia, you can apply for an onshore visa. Australia has a number of visa options, and it is important to know how to apply for a local partner visa. Explore our blog for insights into this process.

Common Australian Onshore Visa Types

There are several common Australian onshore visa types, offering flexibility for individuals in different situations:

Visitor Visas to Other Visas:

  • You can change your visa while you’re in Australia if you came with a visitor’s visa at first. This enables you to investigate alternative options, such as partner, or student visas, without having to depart Australia.
  • International students studying in Australia may have the opportunity to extend their stay by applying for additional student visas or exploring different visa options after completing their studies. This not only enables continued education but also allows for a more extended stay in Australia.

Partner Visas:

  • Onshore partner visas are available to people who are in a committed relationship with an Australian citizen or permanent resident. Couples wishing to start a life together will find it more convenient as the application procedure can be started while they are already in Australia.

Work Visas:

  • Some temporary work visas offer a road from temporary to permanent status. This helps those who, depending on their employment, want to stay working in Australia for a longer duration.

These visa choices are flexible and meet a range of needs. They give onshore applicants a number of ways to stay in Australia or become permanent residents.

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    Onshore Partner Visa (Subclass 820/801)

    The Onshore Partner Visa (Subclass 820/801) is designed for partners of Australian citizens, permanent residents, or eligible New Zealand citizens. This visa allows them to remain in Australia while their visa application is being processed.

    Applicants for this Australian onshore visa can stay in Australia throughout the processing period with the issuance of a bridging visa.

    In contrast to offshore visas, which are applied for when outside Australia, onshore visas are for individuals already present in the country on a temporary visa. This option suits those who wish to extend their stay or pursue permanent residency.

    Requirements for Subclass 820 Visa

    Applications for the provisional partner visa (subclass 820) must satisfy particular requirements, therefore starting the onshore partner visa journey:

    1. Presence in Australia: Applicants must be physically present in Australia at the time of application and when the visa is granted
    2. Relationship Eligibility: The applicant must be married to (spouse) or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. For married spouses, this entails having a valid marriage under Australian law, a mutual commitment to a shared life, a genuine and continuing relationship, and either living together or maintaining a non-permanent separation. De facto partners must meet similar criteria, including mutual commitment, a genuine and continuing relationship, and generally having lived together for 12 months before the visa application (with exceptions).
    3. Health and Character Requirements: Applicants are required to undergo health examinations and provide evidence of good character.

    Meeting these criteria is crucial for successfully initiating Australia’s onshore partner visa application process.

    Requirements for Subclass 801 Visa:

    1. Ongoing Relationship: Applicants must prove that their relationship is ongoing and still sponsored by their partner.
    2. Timing of Application: The application for the permanent visa (subclass 801) is to be submitted two years following the application for the provisional partner visa. Nevertheless, in certain circumstances, authorities may deem individuals immediately eligible for the permanent partner visa.
    3. Circumstances for Permanent Residency: In the event that the relationship deteriorates prior to the acquisition of a permanent residency visa, or in the unfortunate circumstance of the partner’s demise, the applicant may still qualify for the permanent partner visa under certain conditions. This may encompass the involvement of minors or occurrences of domestic violence.

    Meeting these requirements is essential for successfully applying for and approving the permanent residency visa (subclass 801), which follows the provisional partner visa stage.

    Application Process for Australian Onshore Visa

    Unlocking the steps to apply for an Australian Onshore Visa!
    1. Online Application: Apply for the partner visa online through ImmiAccount. While paper applications are an option, online submission offers efficiency and easy tracking. Lodge a complete and accurate visa application via the Department of Home Affairs website.
    2. Evidence Submission: It is possible to use electronic evidence to bolster the relationship and show that it is sincere and continuous.
    3. Sponsorship Application: The partner or spouse must submit a sponsorship application, providing evidence of eligibility. This evidence may include Australian citizenship, permanent residency or eligibility as a New Zealand citizen.
    4. Health and Character Checks: As part of the application procedure, sponsors and applicants must fulfill character and health standards.
    5. Professional Guidance: Given the complexity of the immigration process, seeking advice from immigration lawyers can be invaluable. A free 10-minute consultation can address specific queries and assist in the application process.

    Benefits of an Australian Onshore Visa:

    1. Access to Medicare:

    You can use Australia’s Medicare healthcare system if you have an Australian onshore partner visa. This offers a health safety net while your visa is being processed by covering doctor visits, hospital treatments and prescription drugs.

    2. Work and Study Opportunities:

    In the meantime, bridging visas let you work and go to school while you wait for your visa. These visas are like a bridge, letting you work and go to school while your main visa is being processed. They also make it easier to become a part of Australian society.

    3. Flexibility in Travel:

    You are not confined to Australia during the waiting period. Bridging visas provides flexibility, allowing you to travel without jeopardizing your visa progress. Whether for family visits or business abroad, you have the freedom to move.

    4. Taking Care of Your Health:

    With Medicare coverage, you have support for various medical needs, alleviating concerns about unexpected health issues. It serves as a reliable health companion throughout your Australian adventure.

    5. Work and Study:

    Bridging visas are more than just a formality; they let you work and study, allowing you to actively participate in the Australian workforce and broaden your knowledge.

    6. Jet-Setting with Bridging Visas:

    Bridging visas allows you to travel hassle-free while waiting for your visa. Whether for family visits or work trips, you can cross borders without worry, making international travel more accessible during the visa journey.

    Starting the process for an Australian onshore visa not only lets you start a new life in Australia, but it also gives you:

    • A pathway to accessing benefits
    • Exploring work and study opportunities
    • Enjoying international travel

    Exploring More Visa Options:

    Individuals planning to marry an Australian citizen can utilize the Prospective Marriage Visa in Australia. This visa makes it easier for them to get into Australia, where they can get married and live together as husband and wife. The visa is good for about nine months and the couple has to get married before they can get a Spouse Visa later.

    Prospective Marriage Visa:

    This visa is for people who are engaged to an Australian citizen. It makes it easy for them to move to Australia, get married and start living together as a married couple.

    Key Features:

    Duration and Validity:

    • The duration of the prospective marriage visa is nine months.
    • During this period, the engaged couple must marry in Australia.

    Transition to Spousal Visa:

    • In order to stay in Australia as the spouse of an Australian citizen after marriage, the visa holder may apply for a Spouse Visa.

    How to Apply:

    Engagement Rule:

    • To be eligible, the applicant must be engaged to an Australian citizen.

    Marriage within the Validity Period:

    • It’s crucial to marry within the nine-month validity period.

    Transition to Spouse Visa:

    • After marriage, the visa holder can apply for a Spouse Visa to continue living in Australia.

    Considerations:

    • The Prospective Marriage Visa is for people who are hoping to get married soon. It makes the process of going from being engaged to married and living together in Australia easy.

    Bridging Visa:

    In Australian immigration, a Bridging Visa becomes crucial when one visa expires before the next is approved. It serves as a temporary bridge, and let the applicant remain in Australia while officials examine their documentation, avoiding legal complications.

    Key Features:

    Temporary Legal Presence:

    • The bridging visa allows the applicant to remain in Australia while the subsequent visa is being processed.
    • Different forms of Bridging Visas have their own set of requirements, with some permitting work, and others not.
    • Certain visas decide whether the holder can travel abroad.

    Benefits for Offshore Applicants:

    • For those applying for an Australian offshore visa, a Bridging Visa can facilitate international travel to and from Australia.

    Considerations:

    • Given the range of types and related benefits, it is vital to comprehend bridging visas. It gives offshore candidates freedom in their travel schedules, and assists onshore applicants in maintaining their legal status.
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    Conclusion

    In conclusion, learning about other visa choices, such as the Bridging Visa and Prospective Marriage Visa, improves comprehension of Australia’s immigration system. Each form of visa has a distinct function.

    Bridging Visas are essential for preserving legal status between visa transfers, while Prospective Marriage Visas offer onshore applicants a useful route for individuals getting ready to get married. Applications from overseas applicants might go through the system more easily, and face less competition for visas.

    There may be reduced rivalry for visa quotas and simpler processing pathways for those applying for offshore visas. Navigating the complexities of the Australian visa system requires professional advice and direction, whether choosing to apply for an offshore or onshore Australian visa.

    If people who want to move to a different country fully understand these differences, they can make choices that are in line with their goals, and make the visa application process go more smoothly.

    Frequently Asked Questions (FAQs)

    How do I apply for an Australian Onshore Visa?

    You can apply for an Australian Onshore Visa, such as the Onshore Partner Visa (Subclass 820/801), by submitting an online application through ImmiAccount. Ensure accurate documentation, including electronic evidence supporting your relationship.

    What are the key requirements for the provisional partner visa (subclass 820)?

    To be eligible for the provisional partner visa, applicants must be physically present in Australia, demonstrate a genuine relationship with an Australian citizen or resident, and undergo health and character checks.

    What are the requirements for the permanent residency visa (subclass 801)?

    Applicants for the permanent residency visa must prove the ongoing nature of their relationship, submit the application two years after the provisional visa and meet specific circumstances for permanent residency eligibility.

    Are there different types of Australian Onshore Visas?

    Yes, common types include Partner Visas, allowing spouses and de facto partners to apply while in Australia, Visitor Visas that can be switched to other visas, and Work Visas for those transitioning from temporary to permanent residency.

    What benefits come with an Australian Onshore Visa?

    Onshore visas provide access to Medicare, work and study opportunities, flexibility in travel and healthcare benefits. Bridging visas offer additional advantages, allowing for international travel and maintaining legal status during visa changes.

    Can engaged couples apply for an Australian visa?

    Engaged couples can use the Prospective Marriage Visa to come to Australia, get married during the visa’s validity time, and then switch to a Spouse Visa after the wedding. This makes things easier for people who want to start a life together.

    Why is understanding Bridging Visas important in the immigration process?

    Maintaining legal presence during visa changes depends on bridging Visas, particularly in cases whereby the existing visa expires before the following one is accepted. Knowing the different kinds and advantages of bridging visas guarantees candidates may remain in Australia while the processing of their documentation.

    How can professional guidance assist in the Australian Onshore Visa application process?

    Because the immigration process is so complicated, getting help from an immigration lawyer can be very helpful. Professional help makes sure that the application is full, and correct, answering specific questions and improving the chances of a successful visa trip.