Is an Onshore Partner Visa Faster Than an Offshore Partner Visa?

Does the Department process onshore partner visas faster than offshore ones?

The Department does not process onshore partner visas faster than offshore ones as a rule. It publishes a separate processing time for the Subclass 820 and the Subclass 309, and at different times either figure may be shorter. A published figure also says nothing certain about an individual case, which depends on the evidence and any issues the application raises. Our article on partner visa processing times explains how to read the Department's published figures.

What actually decides how long each pathway takes?

What actually decides how long each pathway takes is the completeness of the application, the applicant's history and the need for the Department to verify documents or make enquiries. Offshore cases often rely on overseas civil documents and police certificates that take time to obtain. Onshore cases may raise questions about the applicant's visa history in Australia. Our article on partner visa processing delays explains the common causes on both pathways.

What does the applicant gain by applying onshore?

An applicant who applies onshore can usually stay in Australia with their partner while the application is processed, on a bridging visa that comes into effect when the current substantive visa ends. This is often the strongest reason couples prefer the Subclass 820, because the couple are not separated during processing. Our page on the Subclass 820 visa and our guide to the onshore partner visa explain the onshore requirements.

When is the offshore pathway the safer choice?

The offshore pathway is often the safer choice where the applicant cannot meet the onshore requirements. Examples include an applicant whose visa carries condition 8503 without a waiver, an applicant without a substantive visa who may not meet Schedule 3, or an applicant affected by an earlier refusal. The Subclass 309 avoids those onshore barriers, although the applicant must generally be outside Australia when it is granted. Our page on the Subclass 309 visa and our guide to the offshore partner visa explain the offshore process.

Should we change pathway to get a faster decision?

A couple should not change pathway only in the hope of a faster decision, because withdrawing and lodging again means a new charge, a new lodgement date and possibly new requirements. Moving between pathways can also create problems with bridging visas and location rules. Where a change is genuinely needed, it should be planned carefully. Our article on partner visa Australia: which pathway compares the options.

How does My Migration Lawyers choose between the onshore and offshore pathway for a couple?

My Migration Lawyers chooses the pathway by testing the applicant's current visa, visa conditions, immigration history and travel plans against the onshore and offshore criteria, then weighing the practical effect on the couple during processing. The firm explains which pathway carries less legal risk and what each means for work, travel and time apart, so the couple make the decision with full information. Couples weighing the two options can speak with our partner visa lawyers before anything is lodged.