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.
