Partner Visa (Subclass 801)

Subclass 801 is a permanent visa for the de facto partner of an Australian citizen or permanent resident to live in Australia permanently. However, you should know that you must-have stayed in Australia on visa 820 for 2 years or Dependent Child visa (subclass 445) in order to move towards Partner visa 801. A continuous genuine and ongoing relationship with their sponsor is a must for all applicants of subclass 801.

Partner visa 801 is a permanent visa for the dependent of an Australian citizen or permanent resident. Once you get access to this visa, you can avail of multiple benefits, such as travelling in and out of the country for 5 years. You can also get your child a dependent visa of 802 as part of a ‘permanent partner visa’.

Other benefits of Partner Visa 801 include:

• You can live, work, and study in Australia permanently.

• You can get access to Australian healthcare facilities.

• You can also attend English language courses to make yourself comfortable with the language.

• You will be able to travel to and from the country for 5 years.

• You can bring eligible family members as part of your visa.

• In the long run, you will apply for Australian citizenship.

• You will now have the right to work in Australia with complete Australian workplace law.

• You will also be able to study in Australia without a student visa.

• You will be eligible for Australian government benefits.

• And, in the long run, you will have the right to apply for Australian citizenship.

The requirements for Partner Visa 801 are quite simple and straightforward. It is open to partners holding the visa in subclass 802 and to dependent children in subclass 445. This is a non-negotiable for visa 801, and apart from this, you must have stayed in Australia for a minimum of a minimum of 2 years on this visa to go to the next step.

Here is the list of eligibility requirements for partner visa 801:

• Be a holder of visa 802 and visa 445.

• Be married to your partner.

• You must live permanently together with your partner.

• You must not hold any debt to the Australian government.

• One of the first steps in the Partner Visa 801 application process is to determine the main correspondence for your visa application. If you want to select someone else to receive your visa application materials and correspondence, fill out Form 956A.

• Prepare all the necessary documents. These documents are:

  1. Applicant’s passport

  2. Dependent’s passport

  3. Sponsor passport

  4. Health and police clearance document

  5. Evidence of shared accommodation, such as:

  6. Evidence of correspondence addressed jointly

  7. Evidence of joint financial commitments

  8. Subclass 820 Visa Grant Notification

• The next is you apply for the visa and then track and manage the outcome on the VEVO app.

Once you hold partner visa 801, you will be able to travel to and from Australia for 5 years, but if you wish to travel after 5 years, you will need to apply for a Resident Return Visa (RRV) that is subclass 155 or 157.

With Partner Visa 801 you can include dependent children in your application. When you apply for the combined Partner Visa (subclass 820/801), you can include dependent children in the application. This is done at the time you apply for the temporary Partner Visa (subclass 820), which is the first stage of the combined application process.

Moving towards Australian citizenship is the next step. This will require you to have these requirements:

• You must pass the citizenship test

• You must have not lived outside Australia for more than one year in last 4 years

• You must have not lived outside Australia for more than 3 months in last one year

• Once you submit your application, you must continue to live in Australia until the visa is processed.

While these are the pathways to Australian citizenship:

Initial Application: When you apply for the combined Partner Visa (subclass 820/801), you can include dependent children in the application. This is done at the time you apply for the temporary Partner Visa (subclass 820), which is the first stage of the combined application process.

Temporary to Permanent: If your dependent children were included in your initial Partner Visa application (subclass 820/801), they will automatically be included when you transition from the temporary Partner Visa (subclass 820) to the permanent Partner Visa (subclass 801).

Separate Applications: If you have a Partner Visa (subclass 801) and later have dependent children or want to bring other dependents, they will need to apply for a relevant visa separately. For example, a Child Visa (subclass 101 or 802) might be suitable.

Partner Visa 801 is the best-suited visa category for anyone whose partner has permanent residency in Australia or is an Australian citizen. If you provide all the correct information and get a good migration agent, your chances of getting this visa are quite strong.

AECC has handled many such cases, and you can be assured that your application will land up with visa approval with us.