Australia Partner Visa Subclass 801: Eligibility, Requirements & Process (2024)

Key Takeaways:

The 801 Visa is a permanent resident visa requiring a prior Temporary 820 Visa application and a two-year wait period.
Eligibility requires a continuous relationship, good character, paid debts, and holding a valid 820 Visa.
Necessary documents include proof of relationship, joint finances, completed forms, and translated, scanned, and colored documents.

Welcome to your essential guide on the Australia Onshore Permanent Partner Visa, Subclass 801. This permanent resident visa opens a world of opportunities, allowing you to live, work, study, and eventually apply for Australian citizenship. But before you can enjoy these perks, there’s a journey to embark upon, beginning with the temporary 820 Visa. This guide will walk you through everything you need to know, from the waiting period and eligibility requirements to the detailed application process and frequently asked questions.

Dive Right Into

Becoming a permanent resident through the Subclass 801 Visa means proving the legitimacy and strength of your relationship with your partner, as well as meeting several other criteria. In the pages that follow, you’ll find clear, step-by-step instructions on what documents you’ll need, how to satisfy the requirements, and tips to ensure a smooth application process. Whether you’re just starting the process or are awaiting your permanent residency, this guide is designed to provide you with all the necessary information in a straightforward and easy-to-follow manner.

What is the Australian Partner Visa (Subclass 801)?

The Australian Partner Visa (subclass 801) grants permanent residency, enabling you to work, study, travel, and eventually apply for Australian citizenship.

What is the Process to Obtain the 801 Visa?

The 801 Visa is the final step in becoming a permanent resident. Initially, you must apply for the Temporary 820 Visa.

How Long Does It Take to Get the 801 Visa After the 820 Visa?

Australia Partner Visa Subclass 801: Eligibility, Requirements & Process (1)

Typically, you wait about two years after obtaining the 820 Visa to be eligible for the 801 Visa. However, you may qualify for both visas simultaneously if the following conditions apply:

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What Are the Eligibility Requirements for the Subclass 801 Visa?

To qualify for the 801 Visa, you need to:

Continue your relationship with your partner (sponsor).
Meet the permanent residency criteria in Australia, which includes:
Being of good character.
Ensuring all debts to the Australian government are paid.
Holding a valid 820 Visa.

What Documents Are Needed for the Subclass 801 Visa?

You’ll need to submit various documents, including:

Passport Copies: Scanned pages showing personal information, picture, and expiry date.
Proof of Relationship:
Marriage certificate (for married spouses).
Evidence of a committed, monogamous relationship and cohabitation (for de facto partners).
Financial Joint Proof: Documents demonstrating shared finances like joint mortgages, bank accounts, or utility bills.
Shared Domestic Responsibilities: Statements showing shared housework or joint custody of children.
Statutory Declarations:
Completed “Statutory Declaration – Partner visa (sponsor)” form.
Two forms of Form 888, “Statutory declaration by a supporting witness,” filled out by family, friends, or relatives to confirm awareness of your relationship.
Police Certificates: Australian police certificates for you and dependents over 16, if not already submitted for the temporary visa.
Additional Documents for Changed Circ*mstances:
Completed Form 1022 – Notification of changes in circ*mstances.
Documents related to the change (e.g., marriage or adoption certificates).
Form 929 – Change of address and/or passport details (if applicable).
Dependent Children: Passports and documents related to any changes in their situation.
Your Spouse’s Documents: Scanned passport showing their signature or their Australian driver license.

How to Ensure Your Documents Are Correctly Submitted?

Re-submit Certain Documents: You may need to submit documents again to prove ongoing eligibility if they were part of your 820/801 Visa joint application.
Translate Documents: All documents must be translated, and the translator should be accredited by the National Accreditation Authority for Translators and Interpreters (NAATI).
Certification: Certification of documents is not required for the Subclass 801 Visa.
Scanning and Saving: Scan all documents in color and save each document as a single file, even if it includes multiple pages.

For further details on document preparation and submission, you can refer to the Australian Government’s Department of Home Affairs official page.

These steps will help ensure that your Subclass 801 Visa application proceeds smoothly.

How to Apply for the 801 Visa?

When you initially applied for the Temporary 820 Visa, you also applied for the Permanent 801 Visa. To advance, submit additional documents to the Department of Home Affairs for eligibility verification.

Steps to Complete Stage 2: Permanent Partner Visa Assessment (100, 801):

Log in to your ImmiAccount.
Initiate the application for “Complete Stage 2 – Permanent Partner Visa Assessment (100, 801).”
Submit documents similar to those required for the temporary visa to prove continued eligibility.

Timing:

The earliest you can submit is one month before the two-year anniversary of your initial application.
Do not submit earlier unless instructed by an email notification.

Note: If you received both the 820 and 801 Visas simultaneously, there’s no need for additional applications or documents.

What is the Cost of the 801 Visa?

When you first applied two years ago, you paid for the 801 Visa. However, you still need to cover other fees, such as:

Police certificate
Health check fees
Marriage certificate
Passport-size photos
Mailing or postage fees

These additional costs can amount to several hundred dollars.

Is the 801 Visa Permanent Residency?

Yes, the 801 Visa grants permanent residency in Australia, enabling you to:

Live and work in Australia indefinitely.
Study and receive government assistance for tertiary education.
Register for Medicare, Australia’s public healthcare scheme.
Sponsor eligible family members to come to Australia.
Travel freely in and out of Australia for the first five years. After that, you must obtain a Resident Return Visa (RRV) or Australian citizenship.
Attend English language classes through the Adult Migrant English Program.
Become an Australian citizen after a few years.

For more detailed information, visit the official Australia Department of Home Affairs.

Can I Add My Child to the 801 Visa Application?

Yes, you can add a child to your 801 Visa application even if they were not included in the temporary visa application. Here’s how you can do this:

Obtain a Dependent Child Visa (Subclass 445): Your child must first get this visa and travel to Australia.
Complete Form 1002: Fill out the “Application by a subclass 445 dependent child for a permanent partner visa” form and attach it to your ImmiAccount.

Requirements:

Health Check: Your child must meet Australian health requirements.
Police Certificate: Children aged 16 or older must obtain a police certificate.

How to Transition from an 801 Visa to Australian Citizenship

You can apply for Australian citizenship four years after receiving your Partner Visa (Subclass 801). The requirements for citizenship include:

Citizenship Test: You must pass this test unless you are 60 years or older.
Residency: You shouldn’t have lived outside Australia for more than 12 months in the last 4 years. Additionally, in the last 12 months, you must not have been outside Australia for more than 3 months.
Living in Australia: You must reside in Australia when applying and intend to continue living there.

Can You Gain Australian Citizenship Through Marriage?

Yes, if you marry an Australian citizen or permanent resident, you can initially apply for a Partner Visa to join them. A few years after becoming a permanent resident, you may apply for citizenship.

Benefits of Citizenship:

You don’t need a Resident Return Visa to travel in and out of Australia.
You can obtain an Australian passport.
You can vote.

For more detailed information, you can use the Citizenship Wizard tool provided by the Department of Home Affairs.

Can the 801 Visa Be Cancelled?

Yes, an 801 Visa can be canceled under certain circ*mstances:

Failure to Meet Requirements: If you no longer meet the visa requirements.
Breaking Rules: If you violate any visa regulations.
False Information: If you provided false information during your application.

Before cancellation, the Department of Home Affairs will inform you of their decision and you can appeal by providing evidence.

Sponsor’s Role:

Your partner can’t cancel your visa after it’s granted but can withdraw their sponsorship during the processing period.
To cancel or withdraw an application, your sponsor must submit a written request to the Department of Home Affairs, including their name, birth date, visa transaction reference number (TRN), and a confirmation statement.

Post-Cancellation Options:

You must leave Australia immediately or apply for a Bridging Visa.

What Happens if You Break Up on an 801 Partner Visa?

If you break up after receiving the 801 (Permanent) Visa, you can generally still stay in Australia. However, this might lead to questions about the legitimacy of your relationship. If the Department of Home Affairs believes the relationship wasn’t genuine, they might cancel your visa.

Break-up Scenarios Before 801 Visa Approval:

If you break up before becoming a permanent resident, you can remain in Australia only under the following conditions:

Domestic Violence: You were a victim of domestic violence.
Joint Custody: You and your partner have joint custody of an Australian child.
Death of Partner: Your partner has passed away.

By understanding these guidelines, you can navigate the complexities of the 801 Visa and the path to Australian citizenship more effectively.

Certainly! Below is a list of official and helpful external resources relevant to the “Australia Partner Visa 801: Eligibility, Requirements & Process FAQs”:

5 Official and Helpful External Resources for Australian Partner Visa Subclass 801

Australian Government Department of Home Affairs – Partner Visa (Subclasses 820 and 801)

This is the central resource for information on the Partner (Permanent) Visa (Subclass 801) and its corresponding temporary visa (Subclass 820). It includes eligibility criteria, documentary requirements, application procedures, and processing timeframes.
Link: Partner visa (subclasses 820 and 801)

ImmiAccount – Online Visa Application Portal

This portal is where you submit your visa application and any required documents. It’s crucial for tracking your application status and completing stage 2 of the Permanent Partner Visa Assessment.
Link: ImmiAccount

Forms 888 – Statutory Declarations by Supporting Witnesses

Form 888 is a statutory declaration in which supporting witnesses confirm the authenticity of your relationship. It’s a necessary document for your application.
Link: Form 888 – Statutory declaration by a supporting witness relation to a Partner or Prospective Marriage visa application

National Accreditation Authority for Translators and Interpreters (NAATI)

If your documents require translation, they must be done by NAATI-accredited translators. This site provides information and directories for finding accredited translators.
Link: NAATI

Australian Citizenship – Department of Home Affairs

For those intending to apply for citizenship after obtaining their permanent residency, this resource details the eligibility requirements, citizenship tests, and the application process.
Link: Australian Citizenship

These resources provide comprehensive and authoritative information to help navigate the process of obtaining the Australian Partner Visa (Subclass 801) and transitioning to permanent residency and eventual citizenship.