Hammond Migration

New amendments to Australia’s Partner Visa program have brought significant changes, effective from 24 November 2023. The distinction between ‘onshore’ and ‘offshore’ Partner visa applicants for visa grants has been eliminated, marking a pivotal shift in the application process.

Overview of Changes

Australia’s Partner visa program offered two distinct pathways:

  • Subclass 820/801 (Onshore Pathway): Designed for applicants who are in Australia at the time of application. Prior to the changes, this could only be granted to applicants who were onshore.
  • Subclass 309/100 (Offshore Pathway): Intended for applicants outside Australia at the time of application. Initially, this could only be granted to applicants who were offshore

The Removed location-based requirements for visa grants. Subclass 820/801 can now be granted even when the applicant is offshore. Subclass 309/100 can be granted to applicants who are onshore.

The changes were prompted by the challenges posed by the COVID-19 pandemic and associated border closures. To address issues arising from these restrictions, a concession was initially implemented, allowing certain offshore Partner visa applicants to be in Australia at the time of decision. The recent amendments make this concession a permanent feature of the program.

Impact on Partner Visa Applicants

The recent changes to Australia’s Partner visa program have a significant impact on applicants in both the onshore (subclass 820/801) and offshore (subclass 309/100) streams. By removing the location-based requirements for visa grants, these amendments offer greater flexibility and convenience to couples. Applicants can now be granted their visa regardless of whether they are in or outside Australia at the time of the decision.

This shift is particularly beneficial for those facing uncertain circumstances or urgent needs to relocate, as it reduces the logistical complexities and emotional stress often associated with the strict location criteria of the past. Overall, these changes represent a more accommodating and responsive approach to the varying needs of partner visa applicants.

Merits Review Access for Offshore Applicants

 The recent changes in Australia’s immigration laws have notably impacted offshore Partner (subclass 309) visa applicants. Previously, these applicants were effectively excluded from directly seeking a review of a refusal decision before the Administrative Appeals Tribunal (AAT). They had to depend on their Australian sponsor to initiate review proceedings. However, with the legislative amendments, the right to merits review is now extended directly to offshore Partner visa applicants, granting them individual access to the AAT.

Protection for Vulnerable Applicants

 Special relationship cessation provisions introduced in August 2022 have been extended to include offshore Partner (subclass 309) visa applicants. These provisions are crucial in situations where the relationship ends due to the sponsor’s death, family violence, or where the applicant has custody rights to a child from the relationship. Before August 2022, these provisions were available only to offshore 309 Partner visa holders and onshore 820 Partner visa applicants and holders.

Under the previous legislation, offshore applicants were automatically denied review rights at the time of decision and had to rely on their Australian sponsor for appeal. This limitation made it challenging to enforce the special relationship cessation provisions. However, the recent amendments provide subclass 309 visa applicants, particularly those who are vulnerable, with greater protection and a direct avenue of appeal, aligning them with their onshore counterparts.

While prolonged merits review processes can still be a concern for applicants waiting offshore, these changes mark a significant and positive step forward for the offshore partner visa program, offering increased rights and protections to applicants.

Stay in touch

The recent amendments to Australia’s Partner Visa program aim to provide more flexibility and protection for applicants. These changes reflect the evolving landscape influenced by global events, demonstrating the government’s commitment to ensuring fairness and adaptability in the immigration process. As the program continues to evolve, applicants and stakeholders should stay informed about policy updates to navigate the immigration landscape effectively.

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