Changes to Partner Visa Program

Effective from November 24, 2023, the distinction between 'onshore' and 'offshore' classifications for Partner visa applicants has been eliminated for the purpose of visa issuance.

Australia's Partner visa program comprises two main pathways:

1. Onshore (subclass 820/801) visa application – intended for applicants present in Australia during the application submission, requiring their presence in the country for the finalisation of the application.

2. Offshore (subclass 309/100) visa application – designed for applicants outside Australia during the application lodgment and, until now, requiring them to remain outside the country for visa approval.

The recent changes now means that all Partner visa applicants can now be granted the visa irrespective of their location (inside or outside Australia) at the time of the decision. These changes are applicable to all visas granted on or after November 24, 2023, encompassing applications submitted prior to the amendment.

The revisions notably impact offshore Partner (subclass 309) visa applicants, specifically spouses and de-facto partners of Australian citizens, permanent residents, and eligible New Zealand citizens (Australian sponsors) residing overseas or applying as 'offshore' applicants.

With the updated provisions, offshore Partner (subclass 309) visa applicants are no longer compelled to stay outside Australia or physically depart the country to meet the visa criteria. Likewise, onshore Partner (subclass 820) visa applicants no longer need to strategically plan their travel movements to ensure their presence in Australia at the time of the decision.

If you are in a relationship with an Australian citizen or permanent resident, and you want to understand your visa options under partner migration, book a consultation with one of our experienced Registered Migration Agents today.

For further information, please contact one of our highly experienced Registered Migration Agents.

Disclaimer: The information provided herein is of a general nature only and does not constitute immigration advice. For more detailed and case-specific information or advice, please get in touch with SCA Connect.