801 Partner Visa – Stage 2, Permanent

The 801 Partner Visa is the second stage of the Australian partner visa process, allowing applicants to gain permanent residency after holding the temporary 820 visa for at least two years.

This visa is for individuals who are in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, and have already been granted the provisional 820 visa.

Understanding the 801 Partner Visa: What It Is and Who It’s For

The 801 Partner Visa is the permanent residency visa that follows the 820 Partner Visa in Australia’s two-stage partner visa process. 

It allows individuals in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen to live, work, and study in Australia permanently. 

This visa is available to both married and de facto couples, including same-sex couples, as long as they can provide evidence of their genuine relationship. 

The 801 Partner Visa grants permanent residency, allowing holders to access Medicare, sponsor other family members, and eventually apply for Australian citizenship.

The Application Process for the 801 Visa: From Stage 1 to Stage 2

The application process for the 801 Partner Visa is a two-stage process, beginning with the temporary 820 visa and culminating in the permanent 801 visa. 

In the first stage, the applicant applies for the 820 visa, which allows them to live in Australia while their relationship with their Australian sponsor is assessed. Once granted the 820 visa, the applicant is required to wait at least two years before being eligible to apply for the 801 visa. 

During this time, both the applicant and the sponsor must provide evidence that the relationship remains genuine and ongoing. 

If the relationship has ended or the applicant fails to meet other requirements, the 801 visa may be refused.

The second stage of the process involves the transition to the 801 visa, which is the permanent residency visa. 

801 Visa Checklist

Below is a checklist of the main items you will need to prepare:

1. Relationship Evidence

To demonstrate the genuineness of your relationship, you will need to provide supporting documentation. Common examples include:

• Joint financial documents (bank statements, bills, tax returns)
• Proof of shared living arrangements (lease agreements, utility bills, photographs)
• Evidence of social recognition (invitations to family events, social media posts, declarations from friends or family)
• Evidence of commitment (letters or communications showing emotional and financial support)

2. Identity Documents

Ensure you provide valid identification documents for both the applicant and sponsor. These may include:

• Passport (current and expired, if applicable)
• Birth certificate
• National identity card
• Visa and immigration history, if applicable

3. Health Requirements

Applicants must meet health requirements, which may involve:

• Undergoing a medical examination by a panel doctor
• Providing the results of the examination as part of the application

4. Character Requirements

Applicants must meet character requirements, which usually involve:

• A police certificate from every country where the applicant has lived for 12 months or more in the last 10 years.
• A declaration of any criminal history or previous visa refusals

5. Sponsor Documents

Your Australian sponsor will need to provide:

• Proof of Australian citizenship or permanent residency (e.g., passport, birth certificate, or citizenship certificate)
• Evidence of Australian residence if applicable
• Police checks or any other documents requested by the Department of Home Affairs to confirm the sponsor’s background

6. Additional Documents

Depending on your situation, additional documents may be required, such as:

• A statement of reasons if there has been any change in your relationship status (e.g., separation or divorce from previous partners)
• Proof of the applicant’s or sponsor’s immigration status or history if there have been any issues with previous visa applications

Processing Times

The processing time for the 801 Partner Visa can vary, but on average, it takes around 12 to 18 months for the Department of Home Affairs to make a decision once you’ve applied. 

If you have already lodged your 801, you can check average processing times here.

Application Fees for Partner Visas (Subclass 820 and 801)

The Partner Visa (Subclass 820) and Permanent Partner Visa (Subclass 801) are part of a combined application process. Here’s how the fees work:

No Separate Fee for Subclass 801

The Subclass 801 visa does not incur a separate application fee. When you apply for the temporary Subclass 820 visa, you also apply for the permanent Subclass 801 visa, and pay at the time of lodging your Subclass 820 application which covers both visas.

Cost Overview

• From AUD9,095.00: This is the base fee for most applicants.
• From AUD1,515.00: Reduced fee for applicants who hold a Prospective Marriage Visa (Subclass 300).

Cost for Dependents

If you include dependent family members in your application, additional fees apply:

• AUD4,550.00 for each dependent over 18 years old.
• AUD2,280.00 for each dependent under 18 years old.

These fees are in addition to the primary applicant’s charge and must be paid upfront when submitting the initial Subclass 820/801 application.

Transitioning from the 801 Visa to Australian Citizenship

Once you’ve been granted the 801 Partner Visa and held it for a required period, you may be eligible to apply for Australian citizenship. 

Typically, to apply for citizenship, you must have been a permanent resident for at least four years, with at least one year of that period spent living in Australia as a permanent resident. In addition, you must meet other criteria such as demonstrating good character and passing a citizenship test. 

The 5-Year Travel Facility on the 801 Visa

The 801 Partner Visa comes with a 5-year travel facility, which allows the visa holder to leave and re-enter Australia as a permanent resident within the first five years of receiving the visa. 

This provision is established through the Migration Regulations 1994, which are made under the authority of the Migration Act. When a permanent visa is granted, it typically includes a travel facility valid for five years, allowing the visa holder to depart from and re-enter Australia during that period. 

After the travel facility expires, the individual retains the right to reside in Australia indefinitely but must obtain a Resident Return Visa (RRV) to regain the ability to travel internationally and return as a permanent resident. 

Therefore, it’s important to consider your citizenship timeline and apply for Australian citizenship before the 5-year travel period ends to maintain unrestricted travel rights.

Conclusion

The 801 Partner Visa is the final step towards securing permanent residency in Australia for individuals in a genuine relationship with an Australian. In certain circumstances, you may receive a double grant, which is when the 801 is given at the same time as the 820 is granted. 

If you’re navigating the complexities of the partner visa process, the team at PocketLegal is here to help. Book a consultation today to get expert advice tailored to your situation.