RPM Immigration Lawyers

Can offshore partner visa applicants get Medicare in Australia?

Partner visa applicants can lodge from outside of Australia an offshore partner visa application (subclass 309/100).

At times, after lodging the offshore partner visa application and before recieving a decision on the application, the visa applicant travels to Australia – most commonly on a visitor visa.

The partner visa application is still in the queue for processing and the visa applicant is now in Australia on a temporary visa such as a visitor visa.

Can the visa applicant enrol in Medicare in Australia whilst waiting for a decision on their offshore partner visa application? – yes they can.

This is becuase the offshore partner visa application is an application for a temporary partner visa and also an application for a perment partner visa (permanent residency).

Because the person has applied for a permanent residency visa, they should be eligible for Medicare if they are in Australia lawfully, and before they receive the decision on their 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

contactus@rpmlawyers.com.au

This information is correct on January 15th, 2025.  But keep in mind that immigration law changes from time to time.

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.