Partner Visa Subclass 801 Rules & Conditions

    The visa 801 conditions are as follows.

    • The applicant should continue to remain a spouse or a de-facto partner of an eligible Australian, New Zealand citizen or a permanent resident of Australia.
    • The applicant should necessarily hold a temporary Subclass 820 Partner Visa/Dependent child subclass 445 visa.

    Proving your eligibility is the biggest challenge you face when applying for your Visa 801 Permanent visa.

    Since holding an 820 Visa is one of the preconditions to applying for this visa, you should continue to satisfy the conditions stipulated for the 820 Visa. Let us refresh these conditions for your benefit.

    • Married applicants – Your marital relationship with your partner should be genuine as well as a continuing one. It is necessary that you do not live separated from your spouse permanently. Secondly, it should be a marriage valid under the laws of the land.
    • De-facto Partners – Various conditions apply for you and your partner to be in a de-facto relationship.
      1. You should not be in a marital relationship with your partner.
      2. You should show a commitment to live a shared life
      3. The relationship should be a continuing one and be genuine in all respects.
      4. You should be living together.
      5. There should not be any family relationship between the two partners.

    Usually, your relationship should be a minimum of twelve months before you apply for your 820 Visa. Time spent in online relationships or dating does not add up to complete the 12-month pre-condition.

    Under specific circumstances, they waive the 12-month pre-condition.

    • Your partner is an owner of a permanent humanitarian visa.
    • You were in a de-facto relationship before your partner acquired this visa.
    • Your partner informed the department of his/her de-facto relationship with you.

    Sponsorship Conditions

    Visa 820 requires you to have a sponsor. Your partner is the ideal sponsor. However, the respective department has to approve your sponsorship. If you want to apply for the 801 Visa, you should continue maintaining the same sponsor. The rules do not permit you to change your sponsor. Thus, one of the pre-conditions for the 801 Visa is that your sponsor must be the same person when you acquired the 820 Visa.

    Age Conditions

    Australian laws state that one must be older than 18 at the time of entering into a marital relationship. The same rules apply to a de-facto relationship as well.

    Other Conditions

    • All applicants including co-applicants of all ages should satisfy health requirements. The rules stipulate that the family members not accompanying the applicant to Australia might also have to meet these stipulations.
    • Australian rules stipulate that all visa applicants above 16 years should meet character requirements.
    • The primary applicant, the co-applicants, and the sponsor should not owe any amount to the Government. If there are any debts, you should arrange for repaying the same.

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