Partner Visa Australia Checklist
Subclass 801
Current partner visa legislation enables a visa applicant to apply for a temporary and a permanent partner visa in one hit – one initial application and one visa application charge. The subclass 820/801 visa application is the onshore version of the subclass 309/100 visa application. The 820 and 309 visas are the temporary partner visas. The 801 and 100 visas are the permanent partner visas. The government has flagged that partner visa applicants may soon be required to pay one fee at the temporary partner visa application stage and a second fee at the permanent partner visa assessment stage.
Holders of an 820 visa are usually assessed for the permanent partner visa two years after the date of the original application. However, a Department of Home Affairs decision maker may assess the permanent partner visa before those two years are up where the applicant and sponsor were in a qualifying relationship for at least two years at the time the 820/801 visa application was lodged and they have a child together OR where the couple can prove that they were in a qualifying relationship for at least three years when the 820/801 application was lodged.
In some circumstances, it is possible for a temporary partner visa applicant or a temporary partner visa holder to be granted a permanent partner visa even though their relationship with their sponsor has come to an end. This may include situations where the applicant has been subjected to domestic violence or where the applicant has an Australian child.
The government has flagged that partner visa applicants may soon be required to pay one fee at the temporary partner visa application stage and a second fee at the permanent partner visa assessment stage.
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Subclass 801 partner visa - am I eligible to apply for this visa?
The 801 visa is the final stage in the onshore partner visa application process. Most people will need to hold the 820 visa for a full two years before they can proceed to the Permanent Partner Visa Assessment.
The Permanent Partner Visa Assessment gives you an opportunity to satisfy the Department that you are still in a continuing and genuine relationship with your sponsor. If you can’t prove this, your partner visa application is likely to be refused.
Having said that, if your relationship breaks down before your permanent partner visa is granted, in some situations it may still be possible to obtain a permanent partner visa. Applicants who have suffered domestic violence or have an Australian child may be able to obtain permanent residence. It all depends on the facts.
What is the current processing time for an 801 partner visa?
The Department of Home Affairs publishes the average processing times for visa applications on its website. See – https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times.
Applicants who submit a top quality partner visa application will usually have their visa granted much faster than an applicant who provides insufficient documents and information. It’s important to give your partner visa application your very best shot if you want the visa granted as quickly as possible.
Can I use the same evidence I used when I applied for the Subclass 820 Partner Visa?
Some of the evidence that you provided as part of your 820 visa application will be relevant to your subclass 801 Permanent Partner Visa Assessment application – E.g. your passports and marriage certificate (if you are married). However, for the Permanent Partner Visa Assessment you will need to provide additional evidence starting from the date upon which your 820 visa was granted. It’s about proving that you and your partner are still in a genuine and continuing relationship.
Can I travel on an 801 visa?
Yes. A subclass 801 visa is granted with unrestricted travel rights for five years. If you wish to travel beyond the five year mark, you will need to consider becoming an Australian citizen and getting an Australian passport or applying for a Resident Return visa.
Am I able to move overseas again once my 801 visa has been granted?
Although a subclass 801 visa is a permanent residence visa, you can lose your permanent residence if you stay out of the country for too long. If you do intend to move overseas and wish to preserve your permanent residence, please consider getting professional advice from an experienced registered migration agent.
Some of my documents are not in English, how do I go about adding these to my application?
The Department of Home Affairs requires you to provide copies of your original documents (that are written in a language other than English) PLUS the NAATI or accredited English translations.
Do all my documents need to be certified?
Certified copy documents are no longer required. The Department of Home Affairs now accepts quality scanned colour copies (or quality mobile phone photographs) of your original documents.
What if my circumstances change?
If there are any material changes to your circumstances (change of address, change of passport, change of phone number etc.) after you have lodged your partner visa application, you are obliged to notify the Department as soon as possible. You can either complete a Form 1022 Notification of Changes Circumstances and send it to the Department or you can simply update your details in ImmiAccount. Form 1022 can be downloaded here: https://immi.homeaffairs.gov.au/form-listing/forms/1022.pdf.
Disclaimer
This 801 Partner Visa checklist is provided as a general guide only and must not be used as migration advice. Each partner visa application is unique. If you seek personalised advice, we recommend that you book a consultation with one of our experienced registered migration consultants.
Subclass 801 Partner Visa Checklist:
Required Forms
- At least 2 Statutory Declarations by third parties supporting your relationship (Form 888). We recommend providing 4 to 6 Form 888s.
Personal Documents
- Passport biodata page for the Applicant
- Passport biodata page for all dependents included in your application
- Evidence of Shared Accommodation, such as:
- Joint lease agreement
- Bond payment
- Mortgage documents
- Joint property ownership documents
- Utility bills
- Evidence of Correspondence Addressed Jointly, such as:
- Receipts, invoices, deliveries, bills
- Letters, cards or invitations sent by mail to you both at your home address
- Letters from your bank, including bank statements, that show your joint address
- Evidence of Joint Financial Commitments, such as:
- Joint bank account(s)
- Joint financial documents
- Joint insurances
- Joint bills and other financial liabilities
- Evidence of Joint Memberships of Organisations of Groups, such as:
- Joint gym memberships
- Joint golf/tennis club memberships
- Stat Dec of Applicant attesting Genuineness of the Relationship
- Subclass 820 Visa Grant Notification
Sponsors Personal Documents
- Passport biodata page for the Sponsor
- Stat Dec of Sponsor attesting Genuineness of the Relationship
Health and Character
- Police Clearances for Applicant
- Police Clearances for dependent children aged 16 years and over (where applicable)
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