Good news – you can now be inside or outside of Australia when your subclass 820 or 309 visa is granted.
On 24 November 2023, there was a significant amendment to Australian immigration law that is potentially of benefit to partner visa applicants.
Prior to this amendment:
- Applicants for subclass 820 (onshore) partner visas had to be in Australia when they applied for the visa, and in Australia when the visa was granted.
- Applicants for subclass 309 (offshore) partner visas had to be outside Australia when they applied for the visa, and outside Australia when the visa was granted.
The November 24th amendment means that subclass 820 and subclass 309 partner visa applicants can now be granted a visa regardless of whether they are inside or outside Australia when the visa is granted.
The changes apply to (undecided) applications lodged prior to the changes being made, and applications lodged since the changes were made.
Subclass 820 applicants still have to be inside Australia when they lodge the application.
Subclass 309 applicants still have to be outside Australia when they lodge the application.
Overall, it’s a welcome amendment. Previously, applicants sometimes had to leave, or return to, Australia – merely to be in the required place for the grant of their visa. This will no longer be required.
Subclass 300 applicants
Unfortunately, these changes do not apply to subclass 300 (Prospective Marriage visa) applications – subclass 300 applicants still need to be outside Australia when they lodge their application and when their visa is granted.
Feel free to contact me if you would like to book a consultation for more information about anything mentioned here.
Regards.
Ross McDougall.
Immigration Lawyer & Solicitor.
This information is correct at December 29th, 2023. But, keep in mind that immigration law changes from time to time.
