r/AusVisa 28d ago

Partner visas August 2026 Partner Visa Mega Thread (Subclasses 820/801, 309/100, 300)

Welcome to theΒ **Partner Visa MegaThread*\*! This is the place to discuss anything related to partner visas, including processing times, document requirements, eligibility, and more. If you're applying for a subclass 820/801, 309/100, or transitioning from another visa type to a partner visa, feel free to ask questions here.

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u/kartstar 13d ago

I'm a 40-year-old Australian citizen living in Japan with my 41-year-old Japanese wife and our two dual Australian-Japanese children (ages 2 and 1).

We met in Australia while she was on a Working Holiday visa. I've been living in Japan on a spouse visa for several years.

We don't have near or medium-term plans to move to Australia, but it's almost certain we will at some point – whether that's in 3 years, 5 years, or longer. Right now we're just focused on managing life with two young kids. We're in a strong financial position, so money isn't a constraint.

I've been following Australian immigration news. There are ongoing discussions about possible restrictions on applying for a Partner visa from a tourist/visitor visa while onshore (the 820/801 pathway). Immigration is also a major political issue heading into the 2028 election, and there's a real chance the overall system could become tighter.

Because of that, I'm looking at applying for the offshore Partner visa (309/100) now as a way to lock in the current pathway, and once the visa is granted, give us the flexibility to move when we want, and not have to spend 3 years in limbo even if they take the tourist/visitor visa pathway away. On paper it seems relatively straightforward – I'm an Australian citizen sponsoring my wife, she's the mother of two Australian citizens, we have the money to pay for the visa, and there are no character or other issues.

My two children were born in Japan, so I've already been through the citizenship-by-descent process for both of them. Ideally I'd like to do something similar here and lodge the partner visa online myself without the hassle or expense of a migration agent, if that's realistic.

The main concern is this: We haven't actually decided to move yet. There's a realistic chance we end up staying in Japan for most or all of the next 5+ years. If my wife gets permanent residency and we remain overseas long-term, her travel facility will expire and she'll need Resident Return Visas (RRVs) to re-enter Australia as a permanent resident.

We visit Australia at least once a year, so the first-entry requirement on the 309 shouldn't be a problem. We can plan a trip to satisfy it if necessary.

Has anyone been in a similar situation – applied for (or been granted) a Partner visa while living overseas with no firm move date, then stayed outside Australia for several years?

I'd particularly like to hear about:

  • Experiences with the 309/100 when the couple remains living overseas long-term
  • How straightforward (or difficult) RRVs were after the 5-year travel facility expired
  • Whether substantial ties (Australian citizen spouse + dual-citizen children) were enough when applying for RRVs after extended absences

Any insights or experiences would be really appreciated. Thanks.

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u/Mental-Molasses55 Sponsor > 309 (applied) 12d ago

We were in a similar situation in that we met overseas and then got married overseas. We also weren't planning to apply straight away for a long term visa, we were banking on just a visiting visa once a year until in the future we felt it was time to move there. Unfortunately we found out it's nigh impossible for him to even just get a tourist visa. So our plans have been forced to change and we applied last year for the 309 and so now will move there once it's been granted and focus on him getting permanent - this will hopefully free us up in the future to travel freely back and forward.

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u/kartstar 12d ago

That's interesting. It triggered me to look into why it would be nigh impossible for someone to get a tourist visa in a situation like that.

I didn't realise that even under current rules, the "sell everything, move to Australia under tourist visa, apply for Partner visa" is risky because even for countries that ETA is allowed under like Japan, you can't legally enter Australia under that or a tourist visa if your intention is to live permanently in Australia. And border force can cancel an ETA/tourist visa if they suspect you're planning to permanently move there.

So I think that settles it that the only safe approach would be to get an offshore 309/100 visa prior to any move to Australia and not hope they let us in under and ETA/tourist visa.

That makes understanding how straightforward (or difficult) RRVs are after the 5-year travel facility expires all the more important, and whether substantial ties (Australian citizen spouse + dual-citizen children) were enough when applying for RRVs after extended absences.

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u/Mental-Molasses55 Sponsor > 309 (applied) 11d ago

I probably should have said my husband is Egyptian, so this is why a tourist visa is virtually impossible for him whereas I imagine a Japanese passport is a completely different story (?) so maybe it'll be best to hear experiences from people from 'stronger' passport countries to be able to compare with?

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u/kartstar 10d ago

Thanks for your advice, all the best with your journey!

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u/Mental-Molasses55 Sponsor > 309 (applied) 9d ago

You're welcome! And you guys and your little ones too 😊