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Visa Subclass 801 (Partner Visa)

Overview

  • Subclass 801 Partner Visa is a permanent visa available to spouses and partners of Australian permanent residents, Australian citizens, and eligible citizens of New Zealand.
  • This visa allows such de-facto partners and spouses to reside permanently in Australia.
  • The 801 Visa is only available to existing holders of the Subclass 820 Partner Visa (Temporary).

About Visa 801

  • The Visa 801 gives you various incentives such as residing in Australia permanently, studying and working in Australia and enrolling in Medicare, the public healthcare program in Australia.
  • You are eligible to travel anywhere, in and out of the country for the next five years
  • You can sponsor the members of your family and invite them to Australia.
  • This visa permits you to take advantage of the Adult Migrant English Program by attending free classes in the English language.
  • Finally, you can apply for citizenship of Australia if you become eligible for it.

Travel

  • For the first five years, you can travel innumerable times in or out of the country within the validity period of the 801 Visa.
  • After expiry of five years, you have to apply for and obtain a Resident Return Visa to re-enter Australia in the form of a permanent citizen.
  • If you are eligible for citizenship, you should obtain an Australian passport. Travelling on this passport does not require you to get an RRV.

Duration of stay

The partner visa 801 is a permanent visa. Hence, it allows you to reside permanently in Australia indefinitely. The advantage of this permanent partner visa 801 is that you become a permanent citizen from the day you get this visa.

Family Members

The partner visa subclass 801 permits you to add the name of your dependent child while applying for the permanent and temporary visas. In case you had not included its name while applying for the 820 temporary visa, you can add it to this application before the decision. Under such circumstances, it should satisfy two conditions.

  • It should be in Australia, and
  • Hold visa subclass 445 dependent child visa

The procedure is to fill up Form 1002 and upload it through your ImmiAccount. Note that the child must fulfil health stipulations. They also have to satisfy character requirements if they are older than 16 years.

Eligibility

  • Meeting the eligibility criteria for partner visa subclass 801 is easy. You should be a holder of either a Partner Subclass 820 visa or a subclass 445 Child dependent visa.
  • Your relationship with your spouse or partner should exist on the date of application of Visa 801.
  • Your partner or spouse should continue to sponsor your stay in Australia.
  • In case of a breakup or your partner expires, you will still be eligible for the Visa 801 if the department had granted the 820 temporary visa and the assessment of Visa 801 is still in progress.
  • No member of your family should owe any money to the Government of Australia. If so, you must repay it or enter into an agreement to repay it.
  • If the visa is not in the good interests of the child less than 18, the department can refuse to sanction this visa.

How do you apply

  • If the concerned department decides to grant the Permanent partner Visa 801 immediately after granting the subclass 820 Temporary Visa, you do have to do anything.
  • However, if you do not receive your Visa 801 after the Visa 820, the department might seek some more documents from you.
  • The department starts assessing your documents for Visa 801 after expiry of 2 years of lodging the visa application. Therefore, you should not submit your documents until a month before the 2-year date. Note that submitting false information to mislead the department can lead to rejection of visa and debarment from obtaining any visa in Australia for ten years.
  • Your marriage certificate is the apt document to prove that you are the spouse of your sponsor. However, if you and your partner are in a de-facto relationship, you need to provide sufficient proof.
  • Apart from the relationship-proof documents, you should also provide details of how you share your financial and domestic matters.
  • The department can also seek information about your commitment to each other.
  • You also need to provide a couple of statutory declarations from people who are aware of your relationship. Form No 888 suffices this purpose.
  • In case of changes to your relationship, you should intimate the authorities of this fact. Similarly, if there is a variation in your address or other passport details, it is your responsibility to notify them.
  • Other documents you have to upload are your passport pages, character documents, and relevant information whether you seek any immigration assistance.
  • If you wish to add dependent children to your application, you need to provide the respective documents like passports, character certificates if required, etc.
  • Your partner should provide his/her documents such as passport and complete a statutory declaration.
  • You can provide the documents that are in a language other than English. Under such circumstances, you must arrange to produce the translated copy in English. If you do the translation in Australia, you should have accredited translators. However, it is not compulsory in case you do the translation outside Australia.
  • Scan all your documents and store them in a single folder.
  • Use your ImmiAccount to upload these documents and apply for your visa 801.
  • Wait for the processing to take place. The department might need clarifications. Be ready to resolve all issues.
Processing Time

The regular processing times for Visa 801 can go up to two years. Many factors come into play as the department assesses your documents. If there are errors or contradictions in your documents, the department seeks clarifications. Hence, an immigration consultant is the right person to handle such cases. We aim to provide the best immigration services to our clients.

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Fee & Cost

Calculating the 801 Visa fee is a complex process. It considers various factors before arriving at the correct figure. There is no separate fee as such for the Permanent Partner Visa Subclass 801. You pay the consolidated fees for the temporary and permanent visas when you apply for the temporary visa subclass 820.

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Rules and Conditions

The primary condition for applying for Visa 801 is that you should have a partner visa subclass 820. Hence, you should satisfy all requirements that apply for the temporary visa subclass 820. Apart from these pre-conditions, there are no additional 801 Visa conditions imposed by the department while granting the visa.

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Requirements and Checklist

Other than proving your relationship with your partner cum sponsor, there are no other significant subclass 801 Visa requirements. Establishing this relationship requires you to submit various documents. We, as your immigration consultants, assist you in providing the correct advice to procure these documents.

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