The subclass 801 visa, also known as the Permanent Partner visa, allows individuals who hold a subclass 820 visa (Temporary Partner visa) and have a genuine and continuing relationship with their Australian partner to live permanently in Australia. It helps couples reunite and ensures long-term stability.

The eligibility criterion for getting a Partner visa (subclass 801)

Applicant Eligibility Criteria

Be physically present in Australia when applying for the subclass 801 visa.
Have lived with your partner in Australia for at least two years before applying for permanent residency.
Meet health and character requirements, including providing police certificates.
Show evidence of a shared financial commitment and joint assets.

Must hold Australian citizenship, Australian permanent residency, or be an eligible citizen of New Zealand.
Must meet character requirements, including providing police certificates if requested.
Must be at least 18 years old.
Must have yet to sponsor a previous partner within the last 5 years.
Must not be under any sponsorship limitations, such as those resulting from certain criminal convictions.

Partner Visa 801 Conditions

Application Process

The application process involves two stages: you must first apply for and be granted a temporary visa (subclass 820) and then apply for the permanent visa (subclass 801).
Both visas are applied for simultaneously, but the temporary visa must be granted first. You can remain in Australia on the temporary visa while your application for the permanent visa is being processed.

Health and Character Checks

You will need to pass health examinations, which could include chest X-rays, blood tests, and other assessments to ensure you do not pose a health risk to the Australian community.
You must provide police certificates from every country you have lived in for 12 months or more in the past 10 years, to demonstrate that you have a good character and do not have a criminal history.

Stay and Travel

The Partner Visa 801 allows you to stay permanently in Australia, giving you the right to live in the country indefinitely.
You can travel to and from Australia as many times as you want within five years from the date the visa is granted.
After the initial 5-year period, to return to Australia if you travel abroad, you will need to obtain a Resident Return Visa (RRV).

Work and Study

With this visa, you have no restrictions on working in Australia. You can take up employment in any field or study any course you choose.
This allows you to seek employment, start a business, or pursue further education.

Medicare

You can enroll in Medicare, Australia’s public health care system, which provides access to a range of medical services and subsidized or free treatment in public hospitals.

Location at the time of Application

Permanent Visa (Subclass 801)

You can be in or outside Australia when the permanent visa (subclass 801) is decided.
This provides some flexibility as you do not have to stay in Australia while waiting for the final decision on the permanent visa if you have already been granted the temporary visa.

Partner 801 Visa Fee Structure

The base Application Fee for the partner visa 801 is $8,850.

Partner Visa 801 Processing Time

The processing time for the 801 visa is as follows: half of the applications are processed within five months, and 90% of the applications are processed within 21 months.

Factors Influencing Processing Time

Number of applications received.
Completeness of the application and supporting documents.
Time taken to complete health and character checks.
Any additional information requested by the Department of Home Affairs.

Partner Visa 801 Document Checklist

Collecting all required documents, including birth, marriage, and police certificates, can be time-consuming.
Non-English documents must be translated and certified, adding extra steps and costs.
Demonstrating a de facto relationship requires substantial proof, such as joint financial accounts and shared living arrangements, which can be difficult to gather.
Securing a commitment for financial support from a sponsor might be difficult, especially if the sponsor’s financial situation is complex.

FAQs

What is the Partner Visa 801?

The Partner Visa 801 grants permanent residency to the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen.

How do I apply for the Partner Visa 801?

To apply, you must first be granted the temporary Partner Visa 820. The 801 visa application is usually processed automatically after the 820 visa is granted.

What documents do I need to provide?

You need to provide:

Identification documents (passport, birth certificate)
Proof of relationship (marriage certificate, de facto evidence)
Health and character checks (medical exam, police certificates)
Financial documents (proof of financial support)
Sponsor’s documents (proof of citizenship or residency)

How long does it take to get the Partner Visa 801?

Processing times vary but generally range from 12 to 24 months after being granted the 820 visa.

Can I work while waiting for my 801 visa?

Yes, if you hold the temporary Partner Visa 820, you have full work rights in Australia while your 801 visa is being processed.

Do I need to be in Australia when my 801 visa is granted?

Yes, you must be in Australia when your 801 visa is granted.

Is there an English language requirement?

There is no specific English language requirement for the Partner Visa 801.