Onshore or Offshore Partner Visa: Which Australian Partner Visa Is Right for Me?
One of the questions I am regularly asked by couples considering an Australian Partner visa is whether the applicant should apply onshore or offshore.
There is no single answer that is right for every couple. The better option can depend on the applicant's current visa, employment, family commitments, travel plans and circumstances.
If you are trying to decide which pathway is right for your circumstances, I would be pleased to assess your situation and explain the options available to you before you make a decision. Contact me to arrange a consultation.
For many couples, the attraction of an onshore application is obvious. If the Australian partner is already living in Australia, the applicant may be keen to come to Australia, lodge the Partner visa application and remain with their partner while the application is being processed.
However, an onshore application is not necessarily the best option for every couple.
The applicant's existing Australian visa, visa conditions, employment, family commitments and plans for the future can all be relevant when deciding whether to apply in Australia or from overseas.
What Is the Difference Between an Onshore and Offshore Partner Visa?
There are two main Partner visa pathways for spouses and de facto partners.
The onshore Partner visa pathway is the Subclass 820/801. The applicant must be in Australia when the Partner visa application is lodged.
The offshore Partner visa pathway is the Subclass 309/100. The applicant must be outside Australia when the application is lodged.
Both pathways ultimately provide a pathway to permanent residence for eligible spouses and de facto partners.
The difference is not simply where the application is processed. The applicant's location can have significant practical consequences while the application is being considered.
Can I Apply for an Onshore Partner Visa?
An applicant for the Subclass 820 Partner visa must be in Australia when the application is made.
There is no general requirement that the applicant must have previously held a particular type of Australian visa before making an onshore Partner visa application.
However, this does not mean that anyone who enters Australia can automatically lodge an onshore Partner visa application.
The applicant's current and previous visa circumstances need to be considered carefully. In particular, some visas can contain conditions that restrict a person's ability to make another visa application while they are in Australia.
For example, a No Further Stay condition, such as condition 8503, can prevent a person from making a further substantive visa application in Australia unless the relevant condition is waived.
This is one reason why I recommend that couples consider their visa options before making travel arrangements, rather than assuming that entering Australia will automatically allow an onshore Partner visa application to be lodged.
What Happens After an Onshore Partner Visa Application Is Lodged?
One of the major advantages of an eligible onshore Partner visa application is that the applicant can generally remain in Australia while the application is being processed.
Where appropriate, the applicant will be granted a Bridging visa A (BVA). This can allow the applicant to remain lawfully in Australia when their existing substantive visa expires while they wait for the Partner visa application to be decided.
For couples who have been separated by international borders, this can obviously be very attractive.
Instead of the applicant remaining overseas throughout the processing period, the couple may be able to live together in Australia while waiting for the Partner visa to progress.
But there is an important limitation that applicants need to understand.
Can I Travel Overseas While Waiting for an Onshore Partner Visa?
A Bridging visa A does not generally allow the applicant to leave Australia and return.
If an applicant holding a Bridging visa A needs to travel overseas while waiting for their Partner visa application to be decided, they will generally need to apply for a Bridging visa B (BVB) before travelling.
A Bridging visa B is a separate visa application. It is not automatically granted simply because the applicant has an outstanding Partner visa application.
The Department considers the circumstances of the proposed travel when assessing a Bridging visa B application, including the reasons for travelling and other relevant circumstances.
This is an important consideration for anyone thinking about applying onshore.
For example, an applicant may initially intend to remain in Australia with their partner for the entire processing period. However, circumstances can change. They may need to return home for work, attend an important family event, manage a business or deal with another significant commitment overseas.
If they leave Australia without a Bridging visa B, they cannot simply rely on their Bridging visa A to return. They would need to obtain another visa that permits them to enter Australia, such as a Visitor visa, and there is no guarantee that another visa will be granted.
The applicant therefore needs to think carefully about whether being in Australia throughout the processing period is practical for them.
Why Might an Offshore Partner Visa Be Better?
For some applicants, remaining overseas while the Partner visa application is processed may be the more practical option.
I have dealt with many Partner visa cases where the Australian sponsor is living in Australia but the applicant remains overseas. My clients have included applicants in India, the Philippines, Singapore, Vietnam and Indonesia, amongst other countries.
Understandably, many of these applicants are very keen to get to Australia and spend the waiting period with their Australian partner.
That is entirely understandable.
However, there can be a temptation to focus only on the benefit of being together in Australia without considering the applicant's other commitments.
Before deciding on an onshore application, I would encourage couples to consider questions such as:
• Does the applicant have an ongoing job or business in their home country?
• Do they have children or other family responsibilities?
• Do they need to remain available to care for parents or other relatives?
• Are there professional or financial commitments that cannot easily be put on hold?
• Is the applicant likely to need to travel overseas while the Partner visa is being processed?
• Would moving to Australia immediately create practical or financial difficulties?
• Does the applicant's current visa allow them to enter Australia and remain there in the circumstances required?
There is no single answer to these questions. They are simply factors that may need to be considered when deciding which pathway makes sense.
A Case Study From the Philippines
I recently dealt with a case involving an applicant in the Philippines whose Australian partner was living in Australia.
The applicant was very keen to be able to spend the Partner visa processing period in Australia with her partner.
From her perspective, this made perfect sense. If she had to wait for the Partner visa to be processed, why spend that time apart when there might be an opportunity to live together in Australia?
However, when we looked at her circumstances more closely, there were other factors to consider.
She had employment and family commitments in the Philippines that were important to her. Moving to Australia immediately would have meant putting those commitments aside, without knowing exactly how long she would need to remain in Australia before the Partner visa was finalised.
After considering the options, she decided that remaining in the Philippines was actually the better choice.
This allowed her to continue working, deal with her family responsibilities and use the waiting period to prepare for her eventual move to Australia.
Importantly, remaining in the Philippines did not necessarily mean that she would have to remain separated from her partner for the entire processing period.
Depending on the circumstances, an applicant waiting for an offshore Partner visa may be able to consider other temporary visa options that allow them to visit Australia while their Partner visa application is being processed.
For example, a Visitor visa may provide an opportunity to spend time with an Australian partner during the processing period where the applicant meets the requirements for that visa.
However, a Visitor visa is still a temporary visa. The applicant must satisfy the requirements of that visa, and the existence of a Partner visa application does not guarantee that another visa will be granted.
For more information about this issue, see our article Can I Travel to Australia While My Permanent Visa Application Is Being Processed?
Does Applying Onshore Mean I Will Get My Partner Visa Faster?
Not necessarily.
The decision to apply onshore or offshore should not be based solely on an assumption about which application will be processed more quickly.
The two pathways have different requirements and different practical consequences for the applicant while the application is being processed.
For some couples, the ability to live together in Australia during the processing period may be extremely valuable.
For others, remaining overseas may allow the applicant to continue working, manage family responsibilities and maintain greater flexibility to travel.
There is also another practical consideration that is sometimes overlooked: the uncertainty of living in Australia while waiting for a permanent visa outcome.
I have dealt with several clients who were initially very keen to spend the Partner visa processing period in Australia, but whose view changed once they considered what it would actually mean to live in Australia without permanent visa status.
Even where a Bridging visa provides work rights, some applicants can find that their visa status creates practical difficulties when looking for employment. Employers may not be familiar with Bridging visas or may be reluctant to employ someone whose long-term visa status is still being determined. This can be particularly frustrating for an applicant who is ready and willing to work but finds that their immigration status creates uncertainty for potential employers.
There can also be an emotional side to this uncertainty. Even where there is a strong expectation that the Partner visa will ultimately be granted, living in Australia while waiting for a permanent visa decision can sometimes create a sense of uncertainty about the future. For some applicants, that uncertainty becomes stressful over time.
For this reason, being able to live with your partner in Australia during the processing period is not necessarily the only consideration. For some applicants, remaining overseas, continuing with their career and family commitments, and preparing for their eventual move to Australia can ultimately be the more comfortable and practical option.
The question is therefore not simply “Which visa gets me to Australia sooner?”
It is:
“Which pathway makes the most sense for our circumstances?”
Case Study: When an Onshore Application Makes Sense
I have recently assisted a client from Singapore who was studying in Australia when he met his girlfriend. Their relationship developed over time and they eventually married.
As his Student visa was approaching its expiry, I prepared and lodged an onshore Partner visa application for him. Given that both he and his wife were living in Australia at the time, an onshore application was a logical choice. Following lodgement, he was granted a Bridging visa A, allowing him to remain in Australia with his wife while the Partner visa application was being processed.
While waiting for the Partner visa decision, however, his circumstances changed. He commenced PhD studies at an Australian university and ultimately needed to spend a period of time in Singapore undertaking academic research.
Because he had a genuine reason to travel overseas, he applied for and was granted a Bridging visa B. His BVB allows him to remain outside Australia for a period of up to one year, which fits well with his academic schedule.
He does, however, need to make sure that he returns to Australia before the Bridging visa B travel period expires. Once he returns to Australia, his Bridging visa A can again become the relevant bridging visa, and if he subsequently needs to travel overseas again, he may be able to apply for another Bridging visa B.
This case illustrates an important point: the decision to apply onshore or offshore is not necessarily the end of the decision-making process. Circumstances can change considerably during the processing of a Partner visa application.
What Should Couples Consider Before Deciding?
The decision can be particularly important where the Australian sponsor is already living in Australia and the applicant is overseas.
An applicant may be able to enter Australia on another visa and potentially make an onshore Partner visa application, but that does not automatically make an onshore application the better choice.
The applicant should consider what they would be giving up by moving to Australia immediately.
Likewise, a couple should not automatically assume that an offshore application means they will be unable to see each other until the Partner visa is granted. Depending on the circumstances, temporary visa options may provide opportunities for the applicant to visit Australia while the Partner visa application is being processed.
The appropriate approach will depend on the applicant's individual circumstances, visa history and future plans.
Onshore or Offshore: There Is No One-Size-Fits-All Answer
For some couples, an onshore Partner visa is the obvious choice.
The applicant may have few commitments overseas and may value being able to live with their partner in Australia while waiting for the application to be processed.
For other couples, an offshore application may make considerably more sense.
The applicant may have an established career, business, children, family responsibilities or other commitments in their home country. They may also need to travel internationally during the processing period.
Neither approach is inherently better.
The important thing is to understand the consequences of each option before making the decision.
Final Thoughts
Choosing between an onshore and offshore Partner visa is not simply a question of where you would prefer to spend the waiting period.
For some couples, applying in Australia and remaining together while the application is processed may be the best option. For others, employment, family, travel or other commitments may make an offshore application more practical.
An onshore application can provide the opportunity to remain in Australia on a Bridging visa while waiting for the Partner visa to be processed. However, applicants who may need to travel overseas during this period need to understand the limitations of a Bridging visa A and the separate requirements for obtaining a Bridging visa B.
Similarly, an applicant who remains overseas while waiting for an offshore Partner visa may, depending on their circumstances, be able to consider other temporary visa options that allow them to visit Australia while the Partner visa application is being processed.
There is no single answer that is right for every couple. The best approach will depend on your visa history, current circumstances, employment and family commitments, travel plans and your plans for moving to Australia.
At Graham-Nguyen & Associates, we believe informed clients make better migration decisions.
If you are unsure whether an onshore or offshore Partner visa is more appropriate for your circumstances, I would be pleased to assess your options and provide advice tailored to your situation.
Contact us today to arrange a consultation:
📧 Email: enquiries@graham-nguyen.com
About the Author
Andrew Graham is the Principal of Graham-Nguyen & Associates and a Registered Australian Migration Agent (MARN 1067354). Based in Singapore, he advises clients throughout Singapore, Asia and around the world on Australian skilled migration, employer-sponsored visas, partner visas, Australian citizenship and other Australian migration matters.
Andrew regularly publishes practical guidance on Australian migration law and policy to help prospective migrants make informed decisions. His articles combine current Australian migration legislation and policy with the practical insights gained from many years of assisting individuals and families with Australian migration matters.
Need Advice About Your Partner Visa Options?
Deciding whether to apply for an onshore or offshore Partner visa can be an important decision, particularly where the applicant has employment, family or other commitments outside Australia.
At Graham-Nguyen & Associates, I regularly assist couples where the Australian partner is living in Australia while the visa applicant is overseas, including clients in Singapore, India, the Philippines, Vietnam and Indonesia.
If you would like advice about which Partner visa pathway may be appropriate for your individual circumstances, I would be pleased to help.
At Graham-Nguyen & Associates, we believe informed clients make better migration decisions.
Contact us today to arrange a consultation:
📧 Email: enquiries@graham-nguyen.com
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• Australian Partner Visas: Understanding Spouse and De Facto Migration to Australia
• Can I Travel to Australia While My Permanent Visa Application Is Being Processed?
• Do My Partner and I Need to Live Together to Prove a De Facto Relationship?
• Why Evidence Matters in Australian Visa Applications
• Your Story Matters — But So Does the Evidence: The Role of Objectivity in Family Migration
• Can I Apply for an Australian Partner Visa If My Partner Is Still Legally Married to Someone Else?
