Can I Change From a 309 Visa Application to an 820?

Why can a Subclass 309 application not be transferred to a Subclass 820?

A Subclass 309 application cannot be transferred to a Subclass 820 because each is a separate visa class with its own criteria, and the Migration Regulations do not provide any mechanism for moving an application from one to the other. The Subclass 309 and Subclass 100 are lodged together for applicants outside Australia, while the Subclass 820 and Subclass 801 are lodged together for applicants in Australia. Our article on onshore and offshore partner visas explains how the two pathways differ.

Can I lodge a Subclass 820 while my Subclass 309 is still pending?

An applicant can generally lodge a Subclass 820 while a Subclass 309 is still pending, provided the applicant is in Australia and meets the onshore requirements at the time of lodgement. The new application needs its own full visa application charge, its own evidence and its own sponsorship. The Department will then hold two applications for the same relationship, so the couple must decide what happens to the Subclass 309. Our page on the Subclass 820 visa sets out what the onshore application requires.

What onshore rules can stop a switch to the Subclass 820?

The onshore rules that most often stop a switch to the Subclass 820 are condition 8503 and Schedule 3. Many applicants visiting Australia during a Subclass 309 hold a visitor visa with condition 8503 No Further Stay, which prevents a Subclass 820 application unless the Department first waives the condition. An applicant whose visitor visa has expired must meet Schedule 3, which is waived only for compelling reasons. Our articles on condition 8503 and the Subclass 820 and on Schedule 3 criteria explain each barrier.

What happens to the Subclass 309 if I apply onshore?

The Subclass 309 stays on foot until it is decided or withdrawn, so it does not end automatically when a Subclass 820 is lodged. Because a Subclass 309 is generally granted while the applicant is outside Australia, an applicant who stays in Australia cannot usually be granted it. Many couples therefore withdraw the Subclass 309 once the onshore application is valid. The visa application charge for a withdrawn application is generally not refunded, so the decision should be made with the full cost in view.

Is switching to an onshore partner visa worth the cost?

Switching to an onshore partner visa is worth the cost only where the couple gains something real, such as the applicant being able to stay in Australia with the sponsor on a bridging visa that allows work while the application is processed. It is rarely worth it purely for speed, because processing times for each pathway change and neither is reliably faster. Our article on partner visa processing times explains why speed comparisons are unreliable, and our guide to partner visa cost explains the charges involved.

How does My Migration Lawyers assess a 309 to 820 switch?

My Migration Lawyers assesses a 309 to 820 switch by checking the applicant's current visa and its conditions, the date the visa ends, and whether the applicant's earlier statements to the Department about the visit are consistent with an onshore application. The firm then sets out the cost of a second charge against what the couple gains, and only recommends the switch where the onshore application can be validly lodged. Sponsors weighing this choice can speak with our partner visa lawyers or read about the Subclass 309 visa.