Can I apply for the 801 visa while Offshore?
The 820/801 application is an onshore application only. ie: You must be in Australia when you apply for the combined 820/801 partner visa.
However, you can be offshore when you complete the 2nd stage permanent partner visa application, often referred to as the 801 application.
An alternative question is:
Can I apply for the 820 visa while Offshore?
The answer to that is No.
There is confusion about the 801 application.
Some people consider that there are two applications, one for the 820 and one for the 801, and assume both must be onshore.
The fact is that there is only one application, the original 820/801 partner visa application, and that is done onshore.
There is however a further application for the 2nd stage of that original application. But your location is not relevant for that 2nd stage.
It is similar in principle to the 309/100 Offshore Partner visa.
That 309/100 must be applied for Offshore, but the 2nd stage can be done either in Australia or outside Australia.
From what I have read, there is one disadvantage of doing the second stage while Offshore, or being offshore, while the second stage is processing.
If the 2nd stage is finalised while you are offshore, and it is a refusal, you are not able to apply for an AAT merits review.
If you are in Australia when the 801 is refused, you can stay in Australia on a bridging visa, while applying for a review.
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