Permanent Partner Visa (Subclass 801)
The de facto spouse or partner of an Australian citizen, permanent resident of Australia, or qualifying citizen of New Zealand may reside in Australia permanently under the partner visa subclass 801. Usually, it is limited to those who are presently in possession of a temporary Partner visa (subclass 820).
Process:
Costs:
This visa incurs no extra costs as the visa is to be paid for when applying for the combined application for temporary and permanent partner visas.
What you can do with this visa:
You can:
- stay in Australia as a permanent resident;
- work in Australia;
- study in Australia;
- access Medicare;
- sponsor your family members to come to Australia;
- travel to and from Australia;
- if eligible, attend free English language classes provided by the Adult Migrant English Program; and
- if eligible, you may be able to apply for your Australian Citizenship.
Eligibility:
To obtain a permanent partner visa, you must:
- hold a temporary Partner visa (subclass 820) or Dependent Child Visa (subclass 445);
- in most cases, continue to be in a genuine and ongoing relationship with your sponsor; and
- have no debt to the Australian Government or have arranged to pay debts back.
Travel:
For five years from the date the visa is issued, you are free to travel to and from Australia as often as you like, provided the visa’s travel authorisation is still in effect. To re-enter Australia as a permanent resident after the original five-year travel period, you must apply for and be granted a Resident Return.
Visa Label:
A visa label will not be included in your passport, rather it will be digitally linked to your passport and create a digital visa record for you.
Step-by-Step Guide:
Step 1: Before you apply:
If a permanent partner visa (subclass 801) is granted to you immediately after being granted a temporary partner visa (subclass 820), none of the following steps will apply to you.
Step 2: Gathering and preparing documents:
Two years after you apply for the combined temporary and permanent partner visa, the Department begins processing your application for a permanent visa. One month before the two-year mark, you can send in all relevant paperwork such as identity documents, character documents, evidence of your relationship, and dependent children documents. Make sure that the information you submit is correct, and let the department know if anything changes with your application.
Step 3: Applying for the visa:
When applying for your permanent partner visa (subclass 801) you may attach relevant documents one month before the two-year date. Please keep in mind the following when uploading your documents:
- Attach all documents only once;
- Clearly label your documents;
- Keep a copy of your completed application; and
- Attach up to 100 documents for each person on your application.
Step 4: After you apply:
Please be advised that there will be no status updates while you wait for the Department to decide. Keep the department informed of any updates to your application, such as changes to your contact information or the birth of any children. You might still be qualified for a temporary or permanent visa even if your relationship terminates or your spouse passes away; for further details, read your relationship has changed.
Step 5: Visa Outcome:
When the permanent partner visa is decided you may be in or outside Australia. This decision will be communicated in writing and if granted you will be provided with your visa grant number, the date your visa starts, and visa conditions. If you are refused this visa, you will be provided with details on why the visa was refused and whether you have a right to review the decision.
Please be advised that for the best outcome when applying for any visa professional advice is recommended. At Elamine Lawyers, we pride ourselves on taking a tailored approach to all visa cases to increase your chances of success.
To book you in for an initial consultation, please email us today at admin@elaminelaw.com.au or give us a call at 03 8400 0100.
