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Guest marmitegirl

De facto visa subclasses - what's the difference?

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Guest marmitegirl

Hi Everyone

 

It's been fantastic finding this site, so much useful advice and hearing other stories is great. I thought it was just me finding it complicated and stressful!!

 

So I'm having issues on where to apply for the epic De factor Partner visa. I realise that it it was offshore (london) then it would be subclass 309 and onshore the 820. I need to return to the UK for approx 3 months so was thinking I should just apply offshore (despite being apart from my partner which I am not looking forward to) as I will be out of Aus for some time anyway and the processing time is a lot shorter offshore (6 months vs 12 months with an onshore application).

 

But an agent told me that it's much better to apply onshore as the 820 subclass visa is a much 'better' visa to have than the 309. And I would be better off having the subsequent 801 (residence) permanent visa and not the 100 (migrant). I dont know what the difference is? Does anyone know? Why is one subclass 'better' than another?

 

The Dept website says you get the same rights and benefits (work, travel, medicare) so I dont know why there would be different subclasses? I wouldnt want to risk not getting a decent job or medical insurance rights etc because I'm on the 'wrong' or a 'worse' visa and would be a migrant rather than a resident. While I was on a WHV I had already found it impossible to get a decent job or joint medical insurance etc with my partner because I wasn't a permanent resident.

 

Agents and immigration have told me completely different things and it's getting very confusing!?! Can anyone help??? :arghh:

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They're pretty much exactly the same visa, just one gets granted offshore, and the other onshore. Both the 801 and 309 are permanent residency visas.

Was the agent you spoke to a registered MARA agent?

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Guest marmitegirl

Thanks! That's kind of what I thought, that they were basically the same apart from off/onshore.

 

Yes, the agent was registered and pretty good on all other topics/q's. I just thought it was an odd thing to say and didn't think at the time to ask what she meant. Was starting to think I was missing something!!

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The only practical difference between applying offshore and onshore is that you don't get a bridging visa if you apply offshore.

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Guest GeorgeD

The only difference is the application process...so, where you are when you apply, where you can be when it is granted and a bridging visa for the onshore version. Once granted you have exactly the same rights with both onshore/offshore versions

 

I am on a 309 offshore and have access to medicare, I have private health with my PR wife, etc, we've bought a house with approval from the Foreign Investment Review Board (FIRB), and have a joint mortgage with Commonwealth Bank.

 

One route doesn't give you a better visa than the other, they are just different routes from different starting locations to end up in the same place.

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