The Partner Visa (Subclass 801) is a permanent visa for the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. The visa holders can live, work, and study in Australia permanently, access Medicare and social security benefits. Know requirements and application process. There is a partner visa program in which the applicant will first apply for an 820 visa that is a temporary one. After a certain period of time, if the relationship of the applicant continues to meet the eligibility requirements then they can apply for an 801 partner visa. However, a lot of points will have to be kept in mind regarding the 801 Partner Visa. You should already be having an 820 visa when you first decide to apply for a partner visa permanently.

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Subclass 801 Benefits and RightsSubclass 801 Benefits and Rights

  • The primary benefit of the partner visa 801 is that it gives you permanent residency in Australia. This will allow you to work, live and study in the country indefinitely
  • Being a permanent resident has its perks. That is the public health insurance system to get subsidized medical services, including doctors visits.
  • The VISA will allow you to work without any restrictions as well as study in the country. If you are lucky, you may be eligible for government funding or discounts on the tuition fees.
  • Just after you meet the eligibility requirement, you can apply for Australian citizenship after having the permanent residency visa for at least one year.
  • You will be able to sponsor your family members to come Australia. This will include your children, parents and other blood relatives.

Visa Subclass 801 Requirements

The applicant should be in a relationship for at least a period of two years before getting the 801 visa. You will have to prove that your relationship is genuine and will be continuing in the future with the eligible person sponsoring you.

The partner visa subclass 801 will allow you:

801 Visa is a permanent visa. You can only get this visa after holding the temporary partner visa 820 for a specified time period.

You will have to establish that your relationship with your partner is a genuine one.

It is important that a De fact to relationship should be in existence for at least a period of 1 year.

You should meet the health requirements such a wonder going a medical examination to establish that you are not going to pose any risk to the people of Australia.

It is important to have an eligible sponsor that is your partner who is an Australian or New Zealand citizen.

Establishing the evidence of relationship is a primary importance.

This timeline needs to be fulfilled you will have to demonstrate that you have been in a committed relationship for at least 2 years after holding the temporary partner visa.

To stay permanently in the country.

You will be able to live and work in the country indefinitely.

You will be eligible to invite your family members to come in stay with you.

You can travel in an out of the country freely.

You will also be able to apply for Australian citizenship if you are eligible.

You will gain access to the social security benefits that will include pensions employment benefits and disabilities support.

Your spouse will also gain work rights in the country.

The children will gain access to education in government funded schools.

8Partner visas are grouped in relation to the geographical location of the applicant as well as the marital status. Here are the primary types:

  • Subclass 820 (Temporary partner visa)

This category is for those who are applying from within the boundaries of Australia. Through this visa, the holder can wait in Australia for the decision as to the permanent visa without leaving the country because they are allowed to work, study, and live during the process. SUBCLASS 820 is a temporary visa that allows you to stay valid until the decision on the Permanent Visa number SUBCLASS 801 is made.

  • Subclass 801 (Permanent partner visa)

This is done after the Subclass 820 visa provided the holder has complied with all the necessary requirements. These include the ability to live in Australia, access all-important benefits and privileges as permanent residents, as well as create an application for residency upon becoming a citizen at some point in their lives.

  • Subclass 309 (Provisional Partner Visa)

This visa is for applicants who reside in various corners of the globe. In addition to this, it allows the holder to enter and reside in Australia while their permanent visa is being finalized.

  • Subclass 100 (Permanent Partner Visa)

This visa allows the applicant to have permanent residence after the permanent vulnerable stage. Like Subclass 801, it provides open-ended time and advantage, for the holder and his or her family members.

  • Subclass 300 (Prospective Marriage Visa)

This visa is for those people who are engaged to an Australian citizen. It enables the applicant to visit the country to get married to their partner within 9 months. Key features include:

The applicant is required to show special circumstances that show that the intention is sincere to get married to the partner before the visa expires. If an applicant is already married, he/she has to apply for a Partner Visa (Subclass 820/801) to enable one to stay in the country.

Further, each of the Partner Visas is relevant to distinct situations and enables couples and families to cope with their objective of living in Australia.
 

Visa Subclass 801 Processing Time

You will need to be patient as far as the partner visa 801 is concerned. It will have a processing time of at least 2 years after getting the temporary visa.

Partner Visa Subclass 801 (Onshore) Application Process

Many steps are involved in the application process for partner visa sub class 801. You can apply for after you are already holding a temporary partner visa 820.

Step-1 Apply for temporary visa 820

Before the application of subclass 801 must be holding a temporary partner visa. Temporary partner visa is granted for a period of 2 years during which you can stay in the country till the time your permanent partner visa application is under processing.
It is important to not here applications for Visa 801 and 820 are submitted at the same time. During the processing time period relationship will be assessed for genuineness.

Step-2 Gathering the required documentation and evidences

Evidence of relationship:
To prove the authenticity of your relationship, there are some key documents that you will be needed.

These are:

  • Evidences of Living Together
  • Identity proofs
  • Photographs clicked together
  • Statements from mutual family, relatives and friends
  • Communication proof and visits
  • Joint financial commitments and bank accounts.

There will be a lot of paper work involved that will be submitted by the applicant. However, do not stress over it as Immigration Buddy can offer a team of experienced professionals to help you at each and every step.

Other documentation includes:

  • Health certificate or medical examination
  • Police clearance certificate
  • Sponsorship documents.

Step-3 Completing the application form online

If you do not already have an ImmiAccount, you will need to create one online on the home affairs website of Australia.
Filling of forms such as 47SP ( if you are applying for Visa 801 and 820 simultaneously) and 40SP (to demonstrate the relationship with your partner).
After all the paper work is complete and the documents have been uploaded on the website for your visa application, you will then wait for the processing of your application. If your relationship with your partner is stable, then you are likely to receive your permanent residency visa at the end of expiration of temporary visa period.

Some of the key factors that you need to keep in mind are:

  • Adhering to timelines
  • Health and character requirements
  • Relationship evidences
  • Responding to any communication requests promptly

 

  • Lodging the Appeal

    Lodge your application with the AAT within the time limit (usually 21 days). Applications are made through the Migration Review online portal. You must pay the application fee at lodgement unless you qualify for a fee waiver.

Frequently Asked Questions

If you’re holding sub class 820 visa for a period of 2 years then you can definitely apply for a permanent partner visa.

Your visa will be processed in between 12 to 18 months in most cases.

No this is absolutely out of question. You will have to first get a temporary visa 820 before putting an application for Visa 801.

The 801 visa is the permanent stage of the onshore partner visa process. It grants permanent residency to individuals who have been in a genuine and continuing relationship with their Australian citizen, permanent resident, or eligible New Zealander partner. 

Yes, you need to meet the health and character requirements, which may involve health checks.

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Partner Visa Subclass 801 | Permanent Residency in Australia