If you’ve applied for an offshore partner visa (Subclass 309/100) and are wondering whether you can get a Bridging Visa to stay in Australia while it’s being processed, you’re not alone. This is one of the most frequently asked questions in Australian immigration, and the answer is more complicated than you might expect.
Offshore vs Onshore: Understanding the Difference
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Australian partner visas come in two streams: onshore (Subclass 820/801) and offshore (Subclass 309/100). The key difference is where you’re expected to be when the visa is granted. For the offshore stream, the applicant is generally expected to be outside Australia at the time of the visa decision.
Bridging Visas are typically associated with onshore applications. When you lodge an onshore partner visa (820/801), you automatically receive a Bridging Visa A that keeps you lawful in Australia while your application is processed. But what about offshore applicants who happen to be in Australia?
Can You Get a Bridging Visa for an Offshore Application?
The short answer is: it’s possible in some circumstances, but it’s not straightforward and comes with significant risks. Here’s how the scenario typically works:
- An applicant lodges an offshore partner visa (309/100) while outside Australia.
- They are subsequently granted a visitor visa (Subclass 600) to come to Australia.
- While in Australia on the visitor visa, they apply for a Bridging Visa A associated with their pending offshore partner visa application.
However, migration professionals have flagged several important concerns with this approach:
- No Further Stay (NFS) conditions: Many visitor visas come with Condition 8503 (No Further Stay), which prevents the holder from applying for most other visas while in Australia. If your visitor visa has this condition, you may not be able to obtain a Bridging Visa.
- Department’s position: The Department of Home Affairs has indicated that Bridging Visas for offshore applications are only available in limited circumstances and should not be treated as a standard pathway.
- Risk of visa cancellation: If the Department believes the applicant is trying to circumvent the offshore processing requirement, this could negatively affect both the visitor visa and the partner visa application.
What Are the Legitimate Options?
If you’ve lodged an offshore partner visa and want to be in Australia with your partner while the application is processed, the most common legitimate options include:
- Visitor visa: Apply for a visitor visa (Subclass 600) to visit your partner in Australia. Be aware of any NFS conditions and the duration of stay permitted.
- Switching to onshore: In some cases, it may be possible to withdraw the offshore application and lodge a new onshore partner visa (820/801) while in Australia on a valid visa without NFS conditions. This would trigger a Bridging Visa A. However, this involves additional costs and starts a new application from scratch.
- Prospective Marriage visa: If you’re not yet married, a Subclass 300 (Prospective Marriage) visa allows you to come to Australia to marry your partner and then apply for the onshore partner visa.
The Bottom Line
While there are scenarios where a Bridging Visa can be obtained in connection with an offshore partner visa application, this is not a reliable or risk-free strategy. The safest approach is to understand all your options upfront and choose the visa pathway that best suits your circumstances.
If you’re navigating an offshore partner visa and want to explore your options for being in Australia during processing, professional advice can help you avoid costly mistakes.
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Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal or migration advice. Visa rules and policies can change, and individual circumstances vary. We recommend booking a consultation with one of our registered migration agents for advice tailored to your specific situation.
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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