Subclass 309/100 partner visa applications and Bridging Visas
Applicants for a subclass 820/801 (onshore) partner visa are automatically granted a Bridging Visa A with work rights – as long as they held a substantive temporary visa at the date they applied for the partner visa.
Applicants for a subclass 309/100 (offshore) partner visa are not automatically granted a Bridging Visa.
However, in some – limited – circumstances they can obtain a Bridging Visa in Australia
The Limited Circumstances
An applicant for a subclass 309/100 (offshore) partner visa can potentially obtain a Bridging Visa in Australia – if they held a substantive temporary visa (such as a visitor visa) at the date they lodged the application for the subclass 309/100 visa.
An example of how this works.
A person is outside Australia and holds a valid subclass 600 visitor visa.
Whilst outside Australia and holding that visitor visa, they apply for a subclass 309/100 partner visa.
Whilst the subclass 309/100 application is being processed, they travel to Australia on their visitor visa.
Whilst in Australia on the visitor visa, they apply for the Bridging visa that is associated with their application for the subclass 100 visa to be granted.
If/when the Bridging Visa is granted it will not have work rights unfortunately.
However, it will allow the applicant to lawfully remain in Australia after their visitor visa expires and until they receive the decision on their subclass 309 partner visa application.
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.
www.rpmlawyers.com.au
Tel: 08 8528 9187
This information is correct at June 19th, 2023. But, keep in mind that immigration law changes from time to time.
