# Difference in work opportunities between 309/100 and 820/801??



## Greeneye81

HI out there:

Pls share your knowledge with me: 

There are the 2 type of partner visa depending on applying on- or offshore but in the new booklet partner visa subclass 100 is called 'migrant visa' and not 'residence visa': what is the difference between 100 to subclass 801, why is 100 not called residence visa?

Are there any disadvantages being on partner visa subclass 100?

Thanks a lot in advance.

Greeneye


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## Ausstart National

*RE: Difference in work Opps*

There is very little difference between the provisional 820 and 309 partner visas. They exist only to create a distinction between onshore and offshore application requirements.

Both the 309 and 820 subclasses *dont* have any conditions or restrictions on them. In fact, the only condition in on the 309 (Offshore) visa. If applying for the 309, you must not enter Australia, before your partner. Other than that, visa holders are entitled to the same work, and study benefits.

'Migrant' just indicates that you will be applying from outside Australia, and must be outside Australia when the visa is granted. 
'Residence' indicates that you are applying from inside Australia, and must be inside Australia when the visa is granted.

As far as the other assessment criteria go, there is little or no real differences.

Chris Evans
Registered Migration Agent
Ausstart National Immigration


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## Greeneye81

Hi Chris,

Thanks a lot for your detailed reply! I really appreciate the support. I was just confused with the expressions: 'provisional' and 'temporary' or 'migrant' and 'permanent' visa. So, you are sure that applying from outside Australia and getting granted a 'provisional partner visa' for the first 2 years I will be having the same work rights as having applied from inside Australia and holding a so called 'temporary partner visa'?? This is very important to me. So I would plan the application process accordingly. It is very important for me finding a proper job and staying in my profession once arrived Australia. 
I just saw so many negative threats of temporary/provisional partner visa holders. Apparently people find very hard a job on these visas.... What is your experience? Thanks a lot in advance. GE


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## Ausstart National

Hi GE.

Yes, they are essentially the same visa. Both have no work conditions on them, so holding either one with give you the exact same working rights in Australia.

Applying for permanent residency on the basis of your relationship with an Australian citizen or permanent resident usually occurs in 2 stages. 
First you are required to apply for a provisional visa - 309/820. the subclass depends on whether you are applying inside or outside Australia. 

The application for the permanent visa is actually included on the same form. After 2 years, the department will review your situation, and if you the relationship is continuing and on-going, they will approve the permanent visa.

In the eyes of employers, there might be some risk with the 309/820 visa. If the relationship breaks down, and the sponsor withdraws their support, you would not be eligible for your permanent visa, and the employer would lose you.

Applicants would have to find another suitable visa which would allow them to continue working, or leave the country when the permanent visa is decided.

But again, as far as working conditions go, they provide the same work rights inside Australia.

My experience with Partner visas come as a Registered Migration Agent. Providing advice on the Australian migration law and policy.

Also, it is also a lot cheaper to apply from overseas. About $1000 difference. It may also be possible to go straight to a permanent visa, if the relationship is a long term one. (at least 3 years - and can be easily proven)


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## Francoishanna

Ausstart National said:


> Hi GE.
> 
> Yes, they are essentially the same visa. Both have no work conditions on them, so holding either one with give you the exact same working rights in Australia.
> 
> Applying for permanent residency on the basis of your relationship with an Australian citizen or permanent resident usually occurs in 2 stages.
> First you are required to apply for a provisional visa - 309/820. the subclass depends on whether you are applying inside or outside Australia.
> 
> The application for the permanent visa is actually included on the same form. After 2 years, the department will review your situation, and if you the relationship is continuing and on-going, they will approve the permanent visa.
> 
> In the eyes of employers, there might be some risk with the 309/820 visa. If the relationship breaks down, and the sponsor withdraws their support, you would not be eligible for your permanent visa, and the employer would lose you.
> 
> Applicants would have to find another suitable visa which would allow them to continue working, or leave the country when the permanent visa is decided.
> 
> But again, as far as working conditions go, they provide the same work rights inside Australia.
> 
> My experience with Partner visas come as a Registered Migration Agent. Providing advice on the Australian migration law and policy.
> 
> Also, it is also a lot cheaper to apply from overseas. About $1000 difference. It may also be possible to go straight to a permanent visa, if the relationship is a long term one. (at least 3 years - and can be easily proven)


Hey chris!

Can you please help me find answers?
You mentioned in your post that after 2 years of the 309 application the government will check if the couple are still together and a permanent residency will be granted. I applied for my 309 in august 2014 and was granted visa in may 2015. I moved to Australia in November 2015. In August 2016 i applied for my permanent residency but until today i have not heard back from the dibp. I was wondering if you know how long it usually takes for the permanent to be granted and if there is anything we can do to speed up the process. Btw I have been with my partner for 4 years now.

Thanks in advance!


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## tijanaoc

You can find this info here - it's updated monthly.

For the 100 visa at the moment 75% are processed within 13 months, 90% are processed within 22 months. You might also be interested in this thread to give you an idea of how long people are waiting.


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## JandE

Ausstart National said:


> My experience with Partner visas come as a Registered Migration Agent. Providing advice on the Australian migration law and policy.
> 
> Also, it is also a lot cheaper to apply from overseas. About $1000 difference. It may also be possible to go straight to a permanent visa, if the relationship is a long term one. (at least 3 years - and can be easily proven)


I thought that both offshore and onshore visas were the same price $6,865. It was when we were looking, and I cat see any difference now


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## tijanaoc

The post you're quoting is from 2012 (Francoishanna resurrected an old thread). I believe it was cheaper offshore at some point, as I vaguely recall looking at the options in 2009. Of course Partner visa costs have skyrocketed since then unfortunately.


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## Toceans

when you apply for a 309 (offshore), does the processing time reflect the time it takes to get your temporary work permit?

(i.e. will I have to wait 12 to 15 months before I can work? or do I receive a temporary work permit during that processing time of 12 to 15 months?)

also, if I apply for a 309 and enter Australia before the application has been proccesed (5 months) does that change anything about my application? Or, would it be better to apply fot the 801 when in Australia?

thank you in advance!!


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## tijanaoc

Toceans said:


> when you apply for a 309 (offshore), does the processing time reflect the time it takes to get your temporary work permit?
> 
> (i.e. will I have to wait 12 to 15 months before I can work? or do I receive a temporary work permit during that processing time of 12 to 15 months?)


 if you're applying for a 309 you would be offshore. You could visit Australia on a visitor visa or ETA but you would have to abide by the conditions of the visitor visa/ETA which includes no work.



> also, if I apply for a 309 and enter Australia before the application has been proccesed (5 months) does that change anything about my application? Or, would it be better to apply fot the 801 when in Australia?
> 
> thank you in advance!!


doesn't change anything except that you would advise DIBP your change of address and that you would be in Australia. They would then notify you to ask you to leave the country to grant you the visa, since you have to be offshore for the grant of an offshore visa.

As to whether it would be better to apply onshore for 820, it all depends on your priorities. Offshore partner visas are processed a lot faster these days, but you have to wait for the visa grant to have work rights in Australia. If you're desperate to be in Australia and be able to work then 820 may be a better option as you would be granted a bridging visa A with full work rights when you apply for the 820 (which would kick in when whatever the visa you entered on expires), but you have to wait longer for the actual visa grant.


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## Ali29

*309 visa*

I will be sponsoring my American partner of 2 years to come to Australia and I think the 309 is the best way for us as opposed to the 820. What I would like to know is, when the 309 is granted is it mandatory that he come and reside in Australia immediately, and if so must he stay or can he still work in the USA until his contract is finished?


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