Subclass 801 Partner visa (Permanent)

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  1. Subclass 801 Partner visa (Permanent) – Overview
  2. Subclass 801 Partner visa (Permanent) – Eligibility
  3. Subclass 801 Partner visa (temporary)-Checklists
  4. Subclass 801 Partner visa (Permanent) – Frequently Asked Questions
  5. Related

Subclass 801 Partner visa (Permanent) – Overview:

This visa enables the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia permanently.
It is usually only for people who currently hold a temporary Partner visa (subclass 820).

Subclass 801 Partner visa (Permanent) – Eligibility

1. Current visa

Usually, you must hold a Partner visa (subclass 820) or Dependent Child visa (subclass 445).

2. Relationship requirements

You must still be in a relationship with your spouse or de facto partner and continue to be sponsored.
See the subclass 820 visa for more information on married and de facto applicants.
You might still be eligible for the permanent visa if your relationship breaks down or if your sponsor dies after the Department of Home Affairs has granted the temporary visa but while they are still considering the permanent visa.

3. Debts to the Australian Government

If you or any family members (including those who don’t apply for the visa with you) owe the Australian government money, you or they must have paid it back or arranged to pay it back.

4. Best interests of the child

The Department of Home Affairs might not grant this visa if it is not in the best interests of an applicant under 18.

 

Subclass 801 Partner visa (temporary)-Checklists

The department of Home Affairs starts assessing you for the permanent partner visa 2 years after you lodged your temporary partner visa application. You can send the documents no more than a month before the 2 years date. Do not send them before this time.
You are required to provide accurate, authentic documents.

1. Passport

Provide the personal details page of your most recent passport. This page must show your signature.

2. Relationship
2.1 You need to show you are in a continuing relationship with your sponsor.

If you are married, provide your marriage certificate or other evidence that your marriage is valid in Australia. If you are a de facto partner, provide proof of your de facto relationship.
This proof should show that:

  • you have a mutual commitment with your spouse of de facto partner to the exclusion of all others
  • your relationship is genuine and continuing
  • you either live together or don’t live permanently apart
  • you are not related by family
2.2 Finances
  • Show how you and your partner share financial matters. You could provide:
  • joint mortgage or lease documents
  • joint loan documents for major assets like homes, cars or major appliances
  • joint bank account statements
  • household bills in both names
2.3 Household

Show how you and your partner share domestic matters. You could provide:

  • a statement about how you share housework
  • household bills in both names
  • mail or emails addressed to you both
  • documents that show joint responsibility for children
  • documents that prove your living arrangements
2.4 Social matters

Show evidence that others know about your relationship, such as

  • joint invitations or evidence you go out together
  • proof you have friends in common
  • proof you have told the government, public or commercial bodies about your relationship
  • proof you do joint sporting, cultural or social activities together
  • proof you travel together
2.5 Commitment

Show how you are committed to a long-term relationship with each other. You could provide:

  • proof you have knowledge of each other’s background, family situation or other personal details. You could tell us this at an interview
  • proof you have combined your personal matter
  • the terms of your wills
  • proof you stay in touch when apart
2.6 Form 888s

You must also provide 2 statutory declarations from people who know about your relationship, such as your partner’s parents, family members, relatives, or friends. They use Form 888 Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application.

3. Changes to your situation

If your situation has changed since you lodged your partner visa application, complete Form 1022 – Notification of changes in circumstances and provide the following documents, as relevant:

  •  your marriage certificate
  • your child’s or children’s birth certificate(s)
  • adoption papers
  • a final divorce decree or legal separation agreement or other relevant document
  • a court decision on child custody
  • the death certificate for your partner
  • proof of change of name. This might be a marriage certificate, deed poll or equivalent document.

If you have a new or updated passport or changed your address:

  • complete Form 929 – Change of address and/or passport details
  • provide the pages of your current passport showing your photo, personal details, and passport issue and expiry dates
4. Character

Provide an Australian police certificate if you didn’t provide it for your temporary Partner visa and for any country you have lived in since you were granted the subclass 820 visa.

The Department only accepts a complete disclosure National Police Certificates issued by the Australian Federal Police and does not accept standard disclosure certificates or national police certificates issued by Australian state or territory police.

For immigration purposes, Australian police certificates are valid for 12 months from the date of issue.

5. Dependant child

For every dependent child who currently holds a subclass 820 visa, provide the following:

  • their passport
  • documents that show changes to their situation
  • police certificates, if applicable, for dependants 16 years old or older
6. Partner

Get these documents from your partner or spouse:

  • the personal details page of their most recent passport (showing their signature), or their Australian driver’s licence
  • a completed Statutory Declaration – Partner Visa (Sponsor)

 

Subclass 801 Partner visa (Permanent) – Frequently Asked Questions

1. What I can do when the visa is granted?
  • With this visa you can
  • stay in Australia indefinitely
  • work in Australia
  • study in Australia
  • enrol in Australia’s public healthcare scheme, Medicare
  • sponsor your family members to come to Australia
  • if eligible, attend free English language classes provided by the Adult Migrant English Program

You can travel to and from Australia as many times as you want for 5 years from the date the Department grants this visa. This is as long as the travel facility on this visa remains valid.
If you want to travel after the initial 5-year travel facility:

For citizenship purposes, your permanent residency starts:

  • on the day the visa is granted if you are in Australia
  • on the day you enter Australia on this visa if you are outside Australia.

To see when your travel facility ends, use VEVO.

2. Can I include dependent children?

You can include your dependent child in your application when you apply for the combined temporary and permanent visas.
If you did not include your dependent child in your temporary visa application, you can still add them to your application before the Department makes a decision on your permanent visa application. The child must:

  • usually hold a Dependent Child visa (subclass 445) and
  • be in Australia

Complete and provide Form 1002 Application by a subclass 445 dependent child for a permanent partner visa.
Your children must meet the health requirement. If they are 16 years or older they must also meet the character requirement.

3. What are the costs?

You paid for this visa when you applied for the combined temporary and permanent partner visas.
You might have to pay other costs such as those for health checks or police certificates.

4. What’s the processing times
  • 25% of applications: 6 Months
  • 50% of applications: 13 Months
  • 75% of applications: 16 Months
  • 90% of applications: 26 Months

(Update date:2023.07)

The assessment will take longer to process if:

  • you don’t include all the documents the Department needs
  • the Department needs more information from you
  • it takes the Department time to verify your information
5. What are my obligations?

You and your children must obey all Australian laws.

6. Will I have a visa label?

The Department will digitally link your visa to your passport. You will not get a label on your passport.

 

Related:

Partner Visa Australia – Introductory Guide
Partner Visa Preliminary Important Facts
Partner visa applications – little but important facts
Limit on sponsoring more than 2 partners
Partner Visa Special Price


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