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801 Visa – Permanent Partner Visa Requirements 2024


Indah Melindasari MARN 0961 448
Updated April 2024
801 visa - Subclass 801 Visa Permanent Partner Visa

What is an 801 Visa?

801 visa is the onshore permanent Partner Visa that allows the de facto or spouse of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia indefinitely. This visa is usually for people who currently hold a temporary Partner visa (subclass 820) to apply for the permanent one. And in this post, we will cover all Partner Visa 801 requirements, process, processing time, checklist and other important details.


Are you eligible for the 801 Visa?

To be eligible for the 801 Visa, you must meet the following requirements:

  • You must be at least 18 years of age.
  • You must be married or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen.
  • If you apply based on marriage, you must provide a valid marriage certificate as proof of marriage.
  • If you apply based on the de facto relationship, you must have been living together for at least 12 months with your partner or you have registered your relationship with an Australian authority.
  • Have a sponsor who is usually your partner.
  • You are currently holding a temporary Partner Visa onshore (subclass 820).
  • You have passed the 2 years period since your 820 visa application.
  • You meet the health and character requirements.

Does your sponsor qualify?

You should be sponsored by the same partner who sponsored your 820 Visa. And they must:

  • Be either an Australian citizen or Australian permanent resident or eligible New Zealand citizen.
  • Did not sponsor any partners for a Partner Visa or Prospective Marriage Visa in the last 5 years.
  • Were not granted a Partner Visa or Prospective Marriage Visa in the last 5 years.
  • Were not convicted for relevant offences or have significant criminal records.

Can Boyfriend or Girlfriend Be Considered as De Facto Partner?

It depends. You can claim your boyfriend or girlfriend as your de facto partner if you have lived with them on the same roof for at least 12 months.

But if you’re dating your Australian boyfriend or girlfriend casually, then you can’t claim them as your de facto partner and you can’t lodge 801 Visa with them.

If there are obstacles to living with your Australian boyfriend or girlfriend, like de facto relationships are not permitted by law in your home country, you might want to register your relationship to the state where your boyfriend or girlfriend resides.


801 Visa Five Steps Application Process

Check your eligibility for the visa

The first thing you need to do before you apply for a Partner visa subclass 820 and 801 is check your eligibility.

You need to make sure you have met all the criteria and requirements for this Australia spouse visa.

Gather your documents for 801 Visa application

Once you have met all the criteria and requirements, you need to start preparing documents and applying for a Partner visa (subclass 801).

Note that the required documents for marriage based and de facto relationship based Partner Visa (subclass 801) is different.

Submit 801 Visa application

Once you’ve gathered all documents, you can submit your 801 Visa application through the online portal, IMMI Account.

Wait for the decision

The processing time varies, depending on each case.

Your 820 Visa will remain active during the process of your 801 Visa application.

You can work or study in Australia while waiting for the decision. And don’t forget to keep uploading the evidence of your relationship regularly.

801 Visa outcome

The Department of Home Affairs will notify you in writing whether they grant or refuse your 801 Visa application.

If your 801 Visa is granted, you can continue living in Australia indefinitely.

But, if your 801 Visa is refused, you’re most likely required to leave the country.


Is sponsorship application mandatory for 801 Visa?

Sponsorship application is not mandatory for 801 Visa. The Department of Home Affairs will assess the sponsorship application that was previously lodged together with your 820 Visa application.


What happens after you lodge the 801 Visa application?

Your 820 Visa will remain active. So you can live, work and study in Australia with no limitation. You can still travel overseas during the process of your 801 Visa application.

Your 820 Visa will still be valid until you receive the decision for your 801 Visa application.


Partner Visa (subclass 801) second stage checklist

The second stage checklist for Partner Visa (subclass 801) is differ for the applicant, sponsor and to evident the relationship:

  • Partner Visa 801 Second stage checklist for applicant:
    • Identity documents;
    • police clearance from home country;
    • police clearance from other countries where the applicant has lived for 12 months or more;
    • evidence of valid 820 visa;
    • evidence of citizenship status at home country;
    • passport-sized photograph
  • Partner Visa 801 Second stage checklist for sponsor:
    • Identity documents;
    • Australian Federal Police Certificate;
    • Police certificate from other countries where the sponsor has lived for 12 months or more;
    • evidence of status as a citizen or permanent resident or eligible New Zealand citizen;
    • passport-sized photograph.
  • Partner Visa 801 Second stage checklist to evident the relationship:
    • financial aspect – i.e.joint bank account, evidence of income, etc.
    • household aspect – i.e. joint utility bills, joint rent agreement, etc.
    • social aspect – i.e. photos with family or friends, documentation of joint travel, documentation of joint social events, etc.
    • commitment to the relationship – i.e. marriage certificate, evidence of de facto relationship, etc.

Find the complete Second Stage Checklist for Partner Visa 801: Document Checklist For Australian Spouse Visa 2024


How long is the Partner Visa 801 processing time?

The current processing time for Partner Visa 801 is around 9 months to 19 months. The Partner Visa 801 processing time can be longer if you don’t include all the documents needed or you didn’t fill out the application correctly. It’s best to check the Partner Visa 801 processing time regularly through the link below:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times


So, how long does it take to get 801 visa after 820?

After getting your 820 visa, you will be eligible for your 801 Visa application 2 years after lodging 820 Visa application. After that, you have to wait around 9 to 19 months, according to the current Partner Visa 801 processing time, for your 801 Visa application to be finalised.


Can I get the 820 Visa and 801 Visa at the same time?

It’s possible, but only in certain cases. In general, if you’re in a long and committed relationship, the Department of Home Affairs may grant you the 820 Visa and 801 Visa at the same time.

For example, you have been married to your Australian spouse for more than 3 years, or you have been in a de facto relationship for more than 2 years and have a child with your partner.


801 Visa cost 2023

There is no cost for the 801 Visa. The cost is combined with the Temporary Partner Visa (subclass 820), which is AUD 8,850 as per July 2023. There is also a charge for each family member who applies for the visa with you.

Please be noted that the visa fee for visa 801 might increase in July every year.


Can I include my family members?

Yes, you can include family members, but only your dependent child, in your 801 Visa application, but there are two possible scenarios here:

  • You have included your dependent child in your 820 Visa application
    • If this case applies to you, you can simply add your dependent child in your 801 visa application.
  • You have not included your dependent child in your 820 Visa application
    • If this case applies to you, the process will be different. Firstly, you must get your dependent child a Dependent Child (subclass 445). After that, you can include them to your 801 Visa application.

Be noted that they must be in Australia and meet the health and character requirements.


Is Visa 801 Permanent Residency?

Yes, the 801 visa is a permanent visa, so it grants you the right to stay in Australia indefinitely. You will get full permission to work and study in Australia. And you will have access to Medicare.


Can you apply for Australian Citizenship after getting an 801 Visa?

You may apply for Australian citizenship after getting your 801 Visa if you are eligible for this. Ensure to meet all requirements for Australian citizenship, such as the residency requirements, character requirements, etc.

While preparing yourself for the Australian Citizenship application, you can take the free Australian Citizenship test practice here.


What happens after the 5 years on 801 Visa?

The 5 years validity period on your 801 Visa is for travel facility, which allows you to travel to and from Australia as many times as you want.

Once the 5 year period ends, you must apply for a Resident Return Visa subclass 155/157 (RRV) to allow you enter and exit Australia freely.


Can an 801 Visa get refused?

It’s possible to get your 801 visa application refused if you are unable to demonstrate that you and your partner are still in a genuine and continuing relationship. That’s why it is important during the 2 years period you and your partner gather all the documents required for the 801 visa especially addressing the different aspects of your relationship.


What if your 801 gets refused?

You will have an option to submit a review application to the Administrative Appeals Tribunal. You must pay for another AAT fee, which is AUD 3,374. The process is quite long and complex. The important thing to do is to prove that the decision was incorrectly made, and that your relationship is genuine and continuing.


Can your partner cancel their sponsorship?

If your Partner visa (subclass 801) application is still in process, then your partner still has a right to cancel their sponsorship. But, once your 801 visa is granted, it’s not possible for your partner to cancel the sponsorship.

In some cases, the 801 Visa application must be withdrawn or canceled, but that is not always necessary. Either you or your partner – as the sponsor – can withdraw the application request to cancel the visa by writing a letter to the Department that includes: their full name and date of birth.


What is the difference between Visa 820 and 801?

The Subclass Visa 820 is a temporary or a provisional visa whereas the partner visa 801 is a permanent visa. The temporary Partner visa subclass 820 is granted first and lets you stay in Australia, after 24 months you may be eligible for a Permanent Partner Visa 801.


801 Visa Frequently Asked Questions

ONE derland Consulting managing director and also registered migration agent, Indah Melindasari, B.Com (MARN 0961 448) is here to answer your questions regarding Permanent Partner Visa subclass 801.

  • How do I know if I am eligible to apply for a Partner visa 801 onshore?
    • You will be eligible to apply for a partner visa onshore subclass 820 and 801 if your partner is an Australian citizen, permanent resident or eligible New Zealand citizen, and your partner should be your sponsor.
    • You are holding a valid visa at the time you apply for this visa.
    • You and your partner are already married or living together at least 12 months, and meet health and character requirements.
  • I have lived with my partner for less than 12 months, can I apply for a Partner visa based on de facto relationship?
    • The requirements for applying the de facto relationship is you must live together with your partner for a minimum of 12 months.
    • If you live with your partner less than 12 months, you can’t apply under the de facto relationship.
  • What happens if my relationship with my partner is over when the visa application is still processing?
    • If the relationship between applicant and sponsor is over, it is the responsibility of both the applicant and sponsor to advise the Department of home affairs immediately.
    • The visa will be cancelled and the applicant will be granted a bridging visa either to make arrangements to depart Australia or arrange to apply for another visa type.
  • What if I am still married to someone else? Can I still sponsor my partner under partner visa onshore?
    • You would need to check again the eligibility of the partner visa onshore. If you have met the requirements, you need to finalise all the paperwork showing that your previous relationship has ended. You can’t apply for the partner visa unless you can provide related documents, such as separation documents or a divorced certificate.
  • Can I apply for a partner visa onshore if I have overstayed my visa?
    • If you have met the eligibility as mentioned previously and you have compelling reasons, then the answer is yes.
    • If you are onshore, you may look into lodging the partner visa onshore, however, Schedule 3 criteria will apply and you need to get this waived.
    • If you are in a long-term relationship with an Australian citizen, you may be eligible to apply for the onshore partner visa but there may be some regulations and restrictions to look at to double check your eligibility.
  • Can I apply this visa while I am offshore?
    • Unfortunately, no. This 820 visa is designed to apply from inside Australia. Therefore, you would need to be onshore when you apply and when the Department gives you the decision.
    • If you would like to apply for offshore, you may consider to apply the visa subclass 309.

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“Hello everyone, My permanent partner visa (801) granted yesterday.

All i did just followed whatever they asked for and provide them with all the documents like pictures, joint account,payslips etc but no phone calls, no interview.

We were shocked But we feel relieved now. Thanks again to ONEderland immigration and Special thanks to my case manager Sandra Puri and Indah Melindasari we are highly recommend to the people who overstayed or with complex cases.”

Alisha YS

Partner Visa Subclass 801

Indah Melindasari MARN 0961 448

Indah Melindasari, B.Com

Lead Migration Agent – MARN 0961 448

1300 827 159

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Indah Melindasari Registered Migration Agent in Perth - Migration Agent Perth - ONEderland Consulting