801 Partner Visa (Permanent)
Eligibility Criteria for Permanent Residency
To be eligible for the 801 visa, applicants must meet several key criteria:
- Be at least 18 years of age.
- Be in a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Currently hold a temporary Partner visa (subclass 820).
- Have passed the two-year period since lodging the 820 visa application.
- Meet health and character requirements.
Timing of Application
It is crucial to apply for the 801 visa early. Applicants should be prepared to lodge their application as soon as they reach the two-year mark from their initial 820 application date. The Department of Home Affairs does not have an obligation to always send reminders, so applicants must track this date independently.
Sponsorship Requirements
- Must be the same individual who sponsored the 820 visa application
- Should be an Australian citizen, permanent resident, or Eligible New Zealand citizen
- Aged 18 or older
- Must not have sponsored another partner within the past five years
- Must not have sponsored more than 2 people in their lifetime
- Must not have been granted a partner visa themselves within the past five years
- Required to provide police clearances
- Must have no record of violence against women or children
Direct permanent residency
If you and your partner are in a long-term partner relationship in the eyes of the Department and meet the evidentiary threshold, you may be eligible for an immediate grant of your permanent residency, without having to go through the temporary stage(s) first.
A "long-term" partner relationship under Migration Regulations is defined as:
- A spousal or de facto relationship lasting at least 3 years, or
- A spousal or de facto relationship of at least 2 years if there's a dependent child of the relationship
"Dependent Child of the relationship" typically refers to:
- A biological child of both the visa applicant and sponsor
- A child born through surrogacy to both parties
- A child adopted by both the visa applicant and sponsor
Step-children are generally not considered "children of the relationship" for these requirements.
Immediate permanent residency is not automatically considered by the case officer. Sufficient relevant supporting evidence and formal written request must be provided to the Department.
Providing Evidence of Ongoing Relationship
Applicants must demonstrate that their relationship has continued since the grant of their 820 visa. Evidence is required across four key areas:
- Financial aspects: Continued Joint financial commitments, shared expenses.
- Social aspects: Continued photographic evidence of shared experiences, joint social engagements, statements from associates.
- Nature of household: Continued Shared living arrangements, division of domestic responsibilities.
- Nature of commitment: Legal documents such as wills, superannuation nominations, future plans.
Thorough documentation of the relationship over the two-year period is essential for a successful application.
Common issues in the application process may include:
- Insufficient evidence of ongoing relationship
- Health or character concerns
- Changes in relationship status
Upon grant of the 801 visa, visa holders have:
- Indefinite right to live and work in Australia
- Unrestricted study rights
- Access to Medicare and specific social security payments
- Eligibility to apply for Australian citizenship (subject to meeting requirements)
- Ability to sponsor eligible relatives for permanent residence
It's important to note that the travel facility is valid for 5 years. After this period, a Subclass 155 Resident Return Visa is necessary for international travel and return to Australia.
Progression to Citizenship
Obtaining an 801 visa is an important step towards Australian citizenship. To be eligible for citizenship, applicants generally need to live in Australia for four years on a valid visa, with the last 12 months as a permanent resident. Additional eligibility requirements apply. We will examine these requirements in detail in an upcoming article.
The content on this page does not constitute legal or immigration advice. Australian immigration doesn't have to be complex and we can help with your unique circumstances. To seek legal advice or information that is specific to your situation, please enquire now.
FAQs for the 801 Visa
Can I visit Australia first before applying for a partner visa?
Whether or not you should apply for a visitor visa before applying for a partner visa depends on your individual circumstances, your intentions, and your current visa status. Here's a breakdown to help you decide:
A visitor visa (such as Subclass 600) is designed for people who intend to visit Australia temporarily for tourism, business, or to visit family and friends. If your primary intention is to visit your partner in Australia while you prepare to lodge a partner visa application, a visitor visa might be a suitable short-term solution.
If you are in Australia on a visitor visa, you can apply for an onshore partner visa (Subclass 820/801). Once you apply for the partner visa, you will typically be granted a Bridging Visa A (BVA), which allows you to stay in Australia lawfully while your partner visa application is processed.
Keep in mind that if you apply for a visitor visa with the intention of transitioning to a partner visa, the Department of Home Affairs may scrutinize your visitor visa application to ensure it's genuine and that you intend to comply with the conditions of the visitor visa (e.g., not working, not studying beyond three months). Misrepresenting your intentions could lead to complications or even refusal of your visitor visa application.
Pros and Cons:
Pros:
- Applying for a visitor visa allows you to be with your partner in Australia sooner while you prepare your partner visa application.
- It provides flexibility, especially if you are unsure about the timeline for lodging your partner visa application.
Cons:
- Visitor visas typically have conditions such as "No Further Stay" (Condition 8503), which may prevent you from applying for another visa (such as a partner visa) while in Australia.
- If the Department suspects that your real intention is to stay long-term rather than visit temporarily, your visitor visa could be refused.
When it's ok to proceed:
- If you do not need to lodge your partner visa application immediately, you're from a low-risk country (especially one of the Five Eyes) and want to spend some time with your partner in Australia, applying for a visitor visa could be a good interim option.
- If you plan to apply for the partner visa onshore and want to ensure you're with your partner during the processing period, starting with a visitor visa might make sense.
When it's not ok to proceed:
- If you need to lodge your partner visa application soon due to visa expiry or other urgent circumstances, it might be better to apply directly for the partner visa without first obtaining a visitor visa.
- If you're concerned about getting a "No Further Stay" (8503) condition on your visitor visa, which could complicate your partner visa application, you might prefer to avoid the visitor visa route.
If I'm holding a subclass 500 student visa and apply for a partner visa, do I still have to keep studying?
Yes. Condition 8202 requires you to remain enrolled in a registered course and maintain satisfactory course attendance and progress throughout the time that you hold your subclass 500 visa. Failure to comply with this condition could result in the cancellation of your Student Visa.
Once you lodge your partner visa application while on a Student Visa, you will eventually be granted a Bridging Visa A (BVA). However, the Bridging Visa A only becomes active once your Student Visa expires.
The conditions of your Bridging Visa A will determine whether you are required to continue studying. Typically, a BVA following a partner visa lodgement does not have study conditions attached, which means you may no longer need to continue your studies after your Student Visa expires and the BVA comes into effect.
If you no longer wish to continue with your studies, you may contact the department to cancel your visa voluntarily. Once your Student visa is cancelled, you will need another visa to remain lawfully in Australia while your partner visa is being processed. We do not recommend doing this as it can affect your immigration record of being a compliant visa holder.
When you apply for a partner visa onshore (Subclass 820/801), you are usually granted a Bridging Visa A (BVA). The BVA allows you to stay in Australia lawfully while your partner visa application is processed. However, the BVA typically comes into effect only after your current substantive visa (in this case, the Student Visa) expires or is cancelled. If your student visa is cancelled, your BVA will cease to exist immediately.
If your student visa is cancelled after you have submitted a partner visa onshore, your BVA will lapse at the same time as the student visa cancellation, and you will need to look into organising a bridging visa C or E to ensure you maintain your legal status in the country. These bridging visas do not come with work rights. Work rights may be granted if you can prove financial hardship and compelling need to work.
Must I apply for a bridging visa separately after I submit my partner visa application?
This depends on the visa that you were holding at the time when you applied for the partner visa in Australia. If you were holding a substantive visa (i.e. working holiday visa, student visa, visitor visa, etc.), you will be granted a bridging visa A automatically which sits in the background until your substantive visa expires. This bridging visa A does not carry any conditions when activated. Please note that the visa conditions on your substantive visa will continue to apply until it expires, even after you have submitted your partner visa onshore. This means that if you hold a visitor visa at the time of your partner visa submission, you are not permitted to work until after your visitor visa expires.
Do we have to marry in Australia once my prospective marriage visa is granted?
No, there is no strict legislative requirement for you to marry in Australia. However, you will need to enter Australia within the visa period.
You can first enter Australia to activate your prospective marriage visa, leave to marry and then re-enter Australia so that you can apply for the subclass 820/801 partner visa. This is the second stage for you to acquire your permanent residence.
Is there an additional fee for the 801 visa application?
No, the fee for the 801 visa is combined with the initial 820 visa application fee.