801 VISA
Permanent Partner Visa
Subclass 801

WRITTEN BY
INDAH MELINDASARI, B.Com
MARN 0961 448 | UPDATED MAY 2019
SHARE THIS INFORMATION
Permanent Partner Visa / 801 Visa Brief Overview
Partner visa (subclass 801) is a permanent visa that allows the de facto or spouse of an Australian citizen, permanent resident or eligible New Zealand citizen live to in Australia permanently. This visa is usually for people who currently hold a temporary Partner visa (subclass 820) to apply for the permanent one.
As this visa is a continuation of the temporary partner visa, you must wait until 2 years to lodge the permanent partner visa application after you have lodged the temporary one.
You will be eligible to apply for this visa if your relationship is continuing and genuine, and your spouse or de facto partner is still your sponsor. To prove your relationship, you can provide evidence of your finances, household, social matters and commitment to a long-term relationship with each other.

Partner Visa (subclass 801) Requirements:
- 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 such as a registry of births, deaths and marriages.
- Have a sponsor who is usually your partner.
- You are currently holding a temporary visa e.g. visitor visa, student visa or working holiday visa.
- There is no “NO FURTHER STAY” condition on your current visa unless the condition has been waived.
- Meet health and character requirements.
Frequently Asked Questions

Mrs. Indah Answers
ONEderland Consulting managing director and also registered migration agent with MARN 0961 448 is here to answer your questions!
- How do I know if I am eligible to apply for a Partner visa 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.
- Can I apply for a Partner visa onshore if there is “No Further Stay” condition on my visa?
- A ‘No Further Stay’ condition is a condition that prevents the visa holder from applying for any visas while they are in Australia.
- You need to waive this first should you wish to apply for any onshore visa.
- If the No Further Stay condition is waived, you can apply for another visa without having to leave Australia.
- So, once this condition is waived, you are able to apply for partner visa onshore.
- 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.
- How much the visa fee for this visa application?
- The visa fee for the main applicant is AUD 7,715.
- The fee for additional applicant over 18 years old is AUD 3,860 while the additional applicant under 18 years old is AUD 1,935. If you hold visa 300 (Prospective Marriage), the visa fee for the main applicant is AUD 1,285.
- How long it take to process my applications?
- Visa subclass 820 will take time between 22 – 27 months and visa subclass 801 processing time is between 13 – 20 months
- It depends on each person’s circumstances. If you don’t fill the information correctly, the processing time might be longer.
- Can I include my family members?
- Yes, you can include family members in your application when you apply.
- Family members who apply for the visa must meet our health and character requirements.
- 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.
- Will I get the bridging visa after I apply the visa onshore?
- If you apply the onshore partner visa, before your substantive visa cease, you will be granted the Bridging Visa A.
- This BVA will be your valid visa while waiting the decision of the partner visa.
- Usually, this BVE will allow you to work and study in Australia.
801 VISA
Six Steps Process
801 VISA
Permanent Partner Visa
Subclass 801
Permanent Partner Visa / 801 Visa Brief Overview
Partner visa (subclass 801) is a permanent visa that allows the de facto or spouse of an Australian citizen, permanent resident or eligible New Zealand citizen live to in Australia permanently. This visa is usually for people who currently hold a temporary Partner visa (subclass 820) to apply for the permanent one.
As this visa is a continuation of the temporary partner visa, you must wait until 2 years to lodge the permanent partner visa application after you have lodged the temporary one.
You will be eligible to apply for this visa if your relationship is continuing and genuine, and your spouse or de facto partner is still your sponsor. To prove your relationship, you can provide evidence of your finances, household, social matters and commitment to a long-term relationship with each other.

WRITTEN BY
INDAH MELINDASARI, B.Com
MARN 0961 448 | UPDATED MAY 2019
SHARE THIS INFORMATION
Partner Visa (subclass 801) Requirements:
- 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 such as a registry of births, deaths and marriages.
- Have a sponsor who is usually your partner.
- You are currently holding a temporary visa e.g. visitor visa, student visa or working holiday visa.
- There is no “NO FURTHER STAY” condition on your current visa unless the condition has been waived.
- Meet health and character requirements.
Frequently Asked Questions

Mrs. Indah Answers
ONEderland Consulting managing director and also registered migration agent with MARN 0961 448 is here to answer your questions!
- How do I know if I am eligible to apply for a Partner visa 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.
- Can I apply for a Partner visa onshore if there is “No Further Stay” condition on my visa?
- A ‘No Further Stay’ condition is a condition that prevents the visa holder from applying for any visas while they are in Australia.
- You need to waive this first should you wish to apply for any onshore visa.
- If the No Further Stay condition is waived, you can apply for another visa without having to leave Australia.
- So, once this condition is waived, you are able to apply for partner visa onshore.
- 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.
- How much the visa fee for this visa application?
- The visa fee for the main applicant is AUD 7,715.
- The fee for additional applicant over 18 years old is AUD 3,860 while the additional applicant under 18 years old is AUD 1,935. If you hold visa 300 (Prospective Marriage), the visa fee for the main applicant is AUD 1,285.
- How long it take to process my applications?
- Visa subclass 820 will take time between 22 – 27 months and visa subclass 801 processing time is between 13 – 20 months
- It depends on each person’s circumstances. If you don’t fill the information correctly, the processing time might be longer.
- Can I include my family members?
- Yes, you can include family members in your application when you apply.
- Family members who apply for the visa must meet our health and character requirements.
- 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.
- Will I get the bridging visa after I apply the visa onshore?
- If you apply the onshore partner visa, before your substantive visa cease, you will be granted the Bridging Visa A.
- This BVA will be your valid visa while waiting the decision of the partner visa.
- Usually, this BVE will allow you to work and study in Australia.