Same Sex 309 or 820?

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Same Sex 309 or 820?

Closed Thread
LinkBack Thread Tools
  #1 (permalink)  
Old 02-18-2013, 02:15 AM
Junior Member
Join Date: Feb 2013
Posts: 2
Users Flag! From australia

Same Sex 309 or 820?

Ohhh it's so difficult to know how to go ahead with all this. We have been in a same sex relationship for 11 years (with plenty of proof, that's not a concern) and have a NZ civil union (for over a year), we are currently working in NZ - an Aussie and an American. We've been here for 3 years and now want to move to Oz.

Do we go to Australia and apply from there with an 820 - onshore application? We will be tourists for a bit (1 mth or so) as we want to travel and take a rest before settling down and finding new jobs. Or do I, the Aussie, go to Oz first, setup, find work, and then have my partner apply from NZ? It seems crazy to be apart while all this will be happening.

Onshore or offshore, which is the best way to go?

Thanks Susan.

  #2 (permalink)  
Old 02-18-2013, 02:22 AM
MarkNortham's Avatar
Join Date: Dec 2012
Location: Sydney, Australia
Posts: 9,747
Users Flag! From australia

1454 likes received
150 likes given
Send a message via Skype™ to MarkNortham
Hi Susan -

Should not be a problem applying onshore with the subclass 820/801 application as a defacto couple. This way your partner gets a bridging visa which allows her to remain in Australia while the partner visa is being processed (typically 12-15 months now). The key would be that whatever visa she uses to enter Australia would need to not have condition 8503 (no further stay) attached.

Hope this helps -


Mark Northam

Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers [email protected]
Co-Host, Coming 2 Oz live video show:

Closed Thread

309, 820, offshore, onshore, partner visa, same sex

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.

All times are GMT. The time now is 04:27 AM.

Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.