820 Visa vs. 309 Visa: Which Partner Visa Option Suits You Better?

Partner visas are a popular way for couples to live together in Australia. There are two main partner visa options available, the 820 visa and the 309 visa. The 820 visa is for onshore applicants, meaning that the applicant must be in Australia when applying for the visa. This visa allows the applicant to stay in Australia temporarily while their permanent visa application is being processed. The 309 visa is for offshore applicants, meaning that the applicant must be outside of Australia when applying for the visa.

This article talks about Which Partner Visa Option Suits You Better out of 820 Visa and 309 Visa?

Let’s first understand the difference between both visas!

Differences between 820 and 309 Visa:

• The 820 visa is for onshore applicants, while the 309 visa is for offshore applicants.
• The 309 and 100 visas require applicants to be located outside Australia when applying, while the 820 and 801 visas can be applied for while in Australia.
• The 820 visa allows the applicant to stay in Australia while their permanent visa application is being processed, while the 309 visa allows the applicant to enter Australia temporarily while their permanent visa application is being processed.
• The 309 visa can also be applied for on the basis of an intended marriage, as long as the applicant is married by the time a decision is made on the application.
• The application process for the 820 and 309 visas is a two-stage process, but applicants can apply for the temporary and permanent visa at the same time

How to know 820 Visa vs. 309 Visa: Which Partner Visa Option Suits You Better?

To determine which partner visa option suits you better, it is important to consider the following factors:

1. Location: The 820 visa is for onshore applicants, while the 309 visa is for offshore applicants. If you are already in Australia, the 820 visa may be the better option for you. If you are outside of Australia, the 309 visa may be the better option.
2. Relationship Status: The partner visa can only be applied for by those in sincere relationships with Australian person Either marriage or a de facto partnership is a requirement. Evaluate your relationship status and determine if you are eligible for the visa.
3. Future Plans: Plan for your long-term future in Australia. Assess whether you intend to stay in Australia permanently or if you’re starting with a temporary arrangement.
4. Timeline and Processing: Consider processing times for both visas and choose the one that fits your timeline and circumstances best.
5. Consult a Migration Professional: If you’re unsure about which visa is more suitable, consulting a registered migration agent or immigration lawyer can provide valuable guidance tailored to your situation.

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Criteria And Duration Of Each Visa

To be eligible for a partner visa, applicants must meet certain criteria and conditions. Here is an overview of the criteria, conditions, and duration of the 820 and 309 visas:

Criteria for Subclass 820 Visa:

• Relationship Requirement: You must be in a genuine and ongoing relationship with an eligible sponsor (Australian citizen, permanent resident, or eligible New Zealand citizen). The relationship can be a marriage or a de facto relationship.
• Health and Character Requirements: You and all family members included in the application must meet health and character requirements.
• Onshore Application: You must be onshore (in Australia) at the time of application and when the visa is granted.
• Temporary Residence: This visa provides temporary residence, and you’ll need to apply for the permanent Partner Visa (Subclass 801) after meeting specific eligibility criteria.

Criteria for Subclass 309 Visa:

• Relationship Requirement: You must be in a genuine and ongoing relationship with an eligible sponsor (Australian citizen, permanent resident, or eligible New Zealand citizen). The relationship can be a marriage or a de facto relationship.
• Health and Character Requirements: You and all family members included in the application must meet health and character requirements.
• Offshore Application: You must be outside Australia at the time of application and when the visa is granted.
• Temporary Residence: This visa provides temporary residence, and you’ll need to apply for the permanent Partner Visa (Subclass 100) after meeting specific eligibility criteria.

Both visas serve as a pathway to obtaining permanent residency through the subsequent permanent partner visas (Subclass 801 for Subclass 820 holders and Subclass 100 for Subclass 309 holders) after meeting additional requirements and demonstrating a continued genuine relationship.

Duration:

The duration of these visas can vary, but as of the last update:

• Subclass 820 Partner Visa: This visa allows the applicant to live in Australia with their partner. It is a temporary visa and is typically granted for a period of approximately 2 years from the date of application approval. After this initial period, the visa holder can apply for the permanent Subclass 801 Partner Visa.
• Subclass 309 Partner Visa: This visa is for applicants who are outside Australia at the time of application. It is also a temporary visa and is usually granted for a period of approximately 2 years from the date of grant. After holding this visa for the required period and meeting the eligibility criteria, the visa holder can apply for the permanent Subclass 100 Partner Visa.

It’s crucial to meet all the eligibility criteria and provide accurate and complete documentation for a successful visa application. Additionally, visa conditions and partner visa requirements may change over time, so it’s essential to refer to the latest information on the Australian Department of Home Affairs website or consult with a registered migration agent for the most up-to-date details.

Applying For a Partner Visa

The process involves two stages: applying for a partner visa subclass 820 or 309. Here are the steps involved:

• Provisional Visa Application: The first stage involves applying for a provisional visa, either the 820 visa for onshore applicants or the 309 visa for offshore applicants. The applicant must meet the eligibility criteria and provide evidence of their relationship with their Australian partner.
• Permanent Visa Application: The second stage involves applying for a permanent visa, either the 801 visa for onshore applicants or the 100 visa for offshore applicants. The applicant must meet the eligibility criteria and provide updated evidence of their relationship with their Australian partner.

The Bottom Line

The 820 and 309 visas are two partner visa options available for individuals who want to live in Australia with their Australian partner. It is important to research further and seek professional advice to determine which visa option suits individual circumstances better.

To determine which partner visa option suits you better, it is recommended to research further and seek professional advice from migration agent like Ozee Migration. We guide individuals through the application process for both the 820 and 309 visas. We help ensure that all necessary documents are prepared and submitted correctly, increasing the chances of a successful application.

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