What is a Permanent Partner Visa 801 in Australia?

If you want to live with your partner or spouse permanently in Australia, a permanent partner visa 801 is the golden opportunity for you to unite with your partner.

A partner visa allows the spouse or de facto partner of an eligible New Zealand citizen, Australian citizen, or permanent resident to live in Australia temporarily or permanently, depending on the stream you are applying for. There are two main categories of a partner visa: partner visa (temporary) subclass 820 and partner visa (permanent) subclass 801. You can also submit a combined application for both the temporary and permanent streams.

Then, you can move to the final step towards permanent residence after two years of initial application submission. Having said that, you must be aware that the refusal rate for partner visas was forty-seven percent in 2016. Therefore, it is important to learn all about the partner visa 801 in Australia to secure a spot in 2024. Let’s start by understanding what a partner visa 801 in Australia is.

What is a Permanent Partner Visa 801 in Australia?

A permanent partner visa 801 allows the spouse or de facto partner of an eligible New Zealand citizen, Australian citizen, or permanent resident to live in Australia permanently. It is also applicable to the holders of a temporary partner visa (subclass 820). Under this visa, candidates can live, work, and study in Australia permanently. They can also sponsor their eligible family members to visit Australia. Moreover, the holders of a partner visa 801 can also apply for citizenship in Australia.

What are the Requirements to Apply for a Partner Visa 801 in Australia in 2024?

To be eligible for a permanent partner visa in Australia, candidates must meet the following requirements:

Visa Requirements for Subclass 801

Follow these visa requirements to be eligible for a permanent partner visa in Australia in 2024:

• Candidates should have either a temporary partner visa 820 or a dependent child visa (subclass 445) to apply for a permanent partner visa 801. 
• You will be eligible to be assessed for a partner visa (subclass 801) two years after submitting the combined application for 820 and 801. 
• If you were in a committed relationship or if your sponsor already had a valid visa when you applied, you may receive your permanent visa in less than two years. The Department of Home Affairs will inform you if this visa condition applies to you.

Relationship Requirements for an 801 Visa

To meet the relationship requirements for the permanent partner visa, you must be in a continuous relationship with the same person who sponsored you earlier for a temporary partner visa (subclass 820). 

• You have to be either married or in a de facto partnership.

• You must have a sincere and ongoing relationship.

• You must live together, or not permanently split and apart.

• You and your partner must be committed to living a shared life.

In case you and your partner break up or your partner passes away before the Department issues the permanent visa, you are still eligible to get this visa. 

Other Necessary Requirements for the 801 Visa

Other necessary requirements that you must meet include the following:

• Fulfill certain health and character requirements set by the Australian Government.
• If you and your family members owe money to the Australian Government, it is important that you pay it back first.
• The Department of Home Affairs may decide not to grant this visa if it is not in the best interests of a child under the age of 18.

How to Apply for a Partner Visa 801 in Australia in 2024?

The application process for a partner visa (subclass 801) consists of multiple steps, which are:

• Check your eligibility.

• Organize your documents.

• Apply for the partner visa.

• Wait for the outcome.

Step 1: Check Your Eligibility

To be eligible for a permanent partner visa in Australia, you must hold a temporary visa (subclass 820). After two years of applying for both the combined temporary and permanent partner visas, you can submit your application for the review of an 801 partner visa.

If the Department has already granted you a permanent visa immediately after the temporary visa, you don’t need to do anything. Otherwise, you will be asked to provide further evidence or documentation. 

Step 2: Gather and Organize Your Documents

In the second stage, candidates must gather and organize all the required documents. Below is the list of documents required for the 801 partner visa application.

801 Partner Visa Checklist

Have a look at the document checklist required for partner visa 801.

Required Forms for the 801 Partner Visa

• Visa grant notification of a temporary partner visa (subclass 820).
• Statutory declarations of the candidate’s relationship genuineness. 
• Statutory declarations of the sponsor verifying the genuineness of your relationship with your partner. 
• Two Statutory Declarations (Form 888) from at least two third parties verifying your relationship. 

Personal Documents for the 801 Partner Visa

• The passport biodata of the applicant and all its dependents are included in the application form.
• Proof of shared accommodations, including a joint contract, mortgage loan documentation, utility bills, and documents proving joint property ownership.
• Proof of joint correspondence addressed, including bills, deliveries, invoices, receipts, and bank statements displaying your shared address. 
• Proof of joint financial commitments, including joint financial paperwork, bank accounts, combined insurances, joint invoices, and additional payments.

Step 3: Apply for the Partner Visa 801.

You can apply for the partner visa 801 after two years of submitting a combined application for both temporary and permanent partner visas. To apply for an 801 partner visa, follow these steps:

• Log in to your ImmiAccount.
• Scroll down to the page and click on “new application.”.
• Select “family” and click on “Stage 2: Permanent Partner Visa Assessment.”.
• Fill out the application form correctly and provide all the necessary information.
• Attach all the necessary and supporting documents to your application form.
• Pay the application fee and submit it.

Step 4: Wait for the Visa Outcome

Once you have submitted the application form, wait patiently for the outcome of your visa. You can track the status of your visa application through Visa Entitlement Verification Online (VEVO). 

Moreover, if the Department approves your visa application, they will inform you by sending mail stating the visa grant number, expiration dates, and other conditions. In the event that your application is rejected, you will be notified of the reasons for the refusal and whether you can appeal the decision.

What is the Processing Time of a Partner Visa 801 in Australia?

The processing time period for both 801 and 820 visas usually involves two steps as it helps to transition you from temporary residence to permanent. Usually, the partner visa (subclass 801) is granted 24 months after the approval of the partner visa (subclass 820).

Concluding Thoughts

So, this is all about a partner visa 801 in Australia in 2024. By now, you have understood what a partner visa is in Australia, including its eligibility requirements, document checklist, application process, and processing time. 

If you have any questions, need more information, or are looking for professional assistance with application submission or processing, you can contact us at The Migration. We have a team of MARA-certified agents and immigration lawyers who have extensive experience in dealing with partner visas in Australia, helping candidates unite with their partners. Therefore, schedule an online appointment now and allow us to help you with your partner visa application in Australia.

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FAQs

What’s the difference between an 801 and an 820 partner visa in Australia?

Both of these streams are designed for partners of Australian citizens, permanent residents, and New Zealand citizens. The main difference is that a partner visa 820 allows the candidates to live in Australia temporarily, while an 801 partner visa is the route to permanent residency in Australia. 

What is the second stage of partner visa 801?

In the second stage of the 801 partner visa, the spouse or de facto partner of an eligible New Zealand citizen, Australian citizen, or permanent resident can apply for permanent residence in Australia. The second stage starts after two years of initial application submission for the first stage (subclass 820). This is the last step towards PR in Australia for candidates under a partner visa. 

What happens after an 801 partner visa is granted?

If your application for an 801 visa is approved or denied, you will get written notification from the Department of Home Affairs. If the Department approves your visa, you can stay in Australia for as long as you like. However, if your 801 visa is denied, you will probably have to exit the nation.

Is it mandatory for me to be in Australia when the 801 visa is granted?

No, it is not compulsory. You can be inside or outside of the country at the time of the 801 visa grant. However, you must hold an 820 partner visa or a dependent child visa subclass 445 to be eligible for a partner visa 801.