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The 801 Visa: Attain Your Permanent Partner Visa in 2024

Immigration information is subject to change. Please contact a migration agent for your visa enquiries!

Table of Contents

    Corazon Jasa

    Written: January 16, 2024

    Updated: January 16, 2024

    18 min read

    801 Visa

    Are you navigating the path to permanently joining your partner in Australia? Understanding the Subclass 801 Partner Visa can feel overwhelming, with its various requirements and stages.

    You’re not alone if you find yourself puzzled by eligibility criteria or anxious about processing times. This is a common stepping stone for many couples dreaming of building their lives together Down Under.

    Here’s something uplifting—the Subclass 801 visa is your ticket to a future filled with Aussie barbies, sun-kissed beaches, and being close to your loved one. Our blog will guide you through each step, from application know-how to living as a permanent resident.

    We’ll ensure this process feels less like a bureaucratic maze and more like an exciting new chapter! Ready to discover how? Keep reading..

    Key Takeaways

    • The Subclass 801 Partner Visa lets you live in Australia permanently with your partner who must be an Aussie citizen or resident.
    • To apply, you need to have been on a temporary partner visa for two years and prove your relationship is real and ongoing.
    • This visa has costs like the main applicant fee of $8,850 and extra charges for dependent children over 18.
    • Processing times vary; some applications take six months whilst others may take up to 21 months.
    • With this visa, you can work and get healthcare in Australia but might not get all government benefits.

    Understanding the Subclass 801 Partner Visa

    To be eligible for the Subclass 801 Partner Visa, you must be in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.

    The visa allows the partner of an Australian citizen or permanent resident to live in Australia permanently.

    Basic Eligibility

    Understanding if you are eligible for the Subclass 801 Partner Visa is crucial. It allows you to live in Australia permanently as the partner of a local citizen or resident.

    • You must be in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
    • Your relationship can be that of a spouse or de facto partner, which includes same – sex couples.
    • You should currently hold a Temporary Partner visa (Subclass 820) and have complied with its conditions.
    • Ensure you continue to meet the initial partnership criteria from your Subclass 820 visa application.
    • You and your partner must both consent to continue the relationship and live together on a permanent basis.
    • Your sponsor must agree to support you for the first two years after you arrive in Australia on this visa.
    • Health checks are necessary to prove that you do not have any medical conditions that could be costly for Australia’s health system.
    • Character requirements are strict; provide police certificates from countries where you’ve stayed for more than 12 months in total over the past ten years.
    • If there were changes since your initial visa application, such as having children or changing jobs, report them during your application process.

    Visa Requirements

    To get the Subclass 801 Partner Visa, you must meet specific requirements. Your sponsor plays a key role in this process.

    • You need to be in a genuine and continuing relationship with your partner, who must be an Australian citizen or permanent resident.
    • Your relationship can be a marriage or a de facto partnership, but you must live together or not be permanently separated.
    • The Department of Home Affairs asks for proof that you’ve been in the relationship for at least two years if you’re applying as de facto partners. This is where the temporary Partner visa (subclass 820) comes into play.
    • You should provide evidence of shared financial responsibilities, like joint bank accounts or bills in both names.
    • Showing how you share household duties is important. You might include statements about how chores are divided or joint responsibility for children.
    • Social aspects of your relationship also matter. This includes photos together, joint invitations, and statements from friends about your relationship.
    • Commitment between partners is checked through things like shared life goals and knowledge of each other’s personal situations.
    • Health and character checks are necessary for all applicants. That means medical exams and police certificates.
    • If you have dependent children or other family members to include in your application, there are extra forms and documents to provide.
    • It’s essential to pass the second stage checklist provided by immigration authorities which involves updating information since your last application.

    Applying for the Subclass 801 Visa

    Applying for the Subclass 801 Visa involves completing the application process, which includes meeting specific visa requirements and providing necessary documentation. You can also expect to incur certain costs and wait for a processing time before obtaining your visa.

    Application Process

    You want to get your Subclass 801 Partner Visa? Let’s walk through the steps. Here is what you need to do:

    • Make sure you’re onshore in Australia, as you must be there to apply.
    • Start with a combined subclass 820/801 visa application. This is your first big step.
    • Wait for two years after submitting your initial application. This period is crucial for moving to the next stage.
    • Gather all required documents. You’ll need proof of relationship, identity papers, and more.
    • Fill out the necessary forms for the Subclass 801 Visa. Accuracy here is key.
    • Pay the visa application fee. It can be quite hefty, so prepare your budget accordingly.
    • Submit your application online through the Australian Immigration website—it’s convenient and faster this way.
    • Provide additional information if the Department asks for it. Stay responsive and ready.

    Expected Costs

    Understanding the financial commitment involved in applying for the Subclass 801 Partner Visa is crucial. It’s part of your journey to life in Australia with your partner. Here, we break down the costs associated with securing your permanent residency through this visa pathway.

    Expense Category Cost(AUD) Applicant Type
    Main Applicant Fee $8,850.00* Main applicant
    Dependent Child (Over 18) $4,405.00 Dependent child

    *Note: The government fee for the combined application of the Subclass 820/801 visa.

    Remember, this table reflects the basic governmental costs and does not include potential additional expenses such as medical examinations, police certificates, or the services of a registered migration agent. Each additional cost varies according to individual circumstances. These fees are subject to change, so always check the latest information on the Department of Home Affairs website.

    Now, let’s move forward and understand what life looks like after obtaining your Subclass 801 Visa.

    Processing Time

    Understanding the processing time for your Subclass 801 Partner Visa is crucial for planning your future in Australia. The Department of Home Affairs regularly updates these times, so it’s important to stay informed about the latest figures. Let’s break down the current processing durations:

    Percentile Time Taken
    25% of applications 6 months
    50% of applications 13 months
    75% of applications 16 months
    90% of applications 21 months

    Keep in mind, these timeframes are not guarantees but rather estimations based on current processing trends. Your application could be processed faster or could take longer, depending on a variety of factors, including the completeness and complexity of your submission. Always ensure your application is thorough and accurate to avoid unnecessary delays.

    Life on a Subclass 801 Visa

    As a holder of the Subclass 801 Partner Visa, you have certain rights and obligations to uphold in Australia. Additionally, you may have the opportunity to add family members to your visa and access various government benefits.

    Rights and Obligations

    Living on a Subclass 801 Partner Visa comes with both perks and duties. You get the freedom to live in Australia permanently. That means working, studying, and getting medical care through Medicare—just like any other Aussie.

    But you’ve got responsibilities too. Think of it as a two-way street; while Australia opens its doors to you, there are rules to follow.

    You must stay true to your relationship—the one that got you the visa in the first place. Also, if the law changes or new policies come up, you’re expected to stick to them. It keeps everything fair and square for everyone living down under!

    Adding Family Members

    Your Subclass 801 Partner Visa lets you include family in your Australian adventure. You can add dependent kids or other eligible relatives to your application.

    • Make sure all family members are in Australia when you apply. They must be with you to be a part of your visa journey.
    • Include all the details about your dependents in the same visa application. It keeps everyone together and simplifies the process.
    • Remember, each family member needs their own application form. But, you’ll submit everything as one package.
    • Dependents over 18 will have to meet character and health requirements. It’s important they pass these checks to join you.
    • Kids under 18 also need health checks, but character requirements vary based on age.
    • Your relatives need valid passports or travel documents, just like you do. Ensure these are up-to-date before applying.
    • Dependents should provide evidence of their relationship to you. Birth certificates and adoption papers might be needed here.
    • Plan for extra costs with more people added. Each additional applicant means higher fees for processing.
    • Processing times might stretch longer with a bigger group. Patience is key while waiting for approvals.

    Access to Australian Government Benefits

    Moving on from the process of adding family members, it’s crucial to understand that access to Australian Government benefits as a Subclass 801 visa holder is limited. While living in Australia with this visa, you won’t have access to the full range of social security benefits provided by the Australian government.

    It’s important to ensure you have other means of financial support during your stay.

    As a Subclass 801 visa holder, you may not be eligible for most government-funded welfare payments or support services available to permanent residents and citizens. Therefore, it’s essential to plan and budget accordingly before making the move to Australia under this visa category.

    Transitioning from the 801 Visa

    After obtaining the Subclass 801 Partner Visa, you may be eligible to apply for Australian citizenship in the future, but it’s important to understand the pathway and requirements.

    For more details on transitioning from the 801 visa to Australian citizenship and potential visa cancellation, keep reading!

    Becoming an Australian Citizen

    To become an Australian citizen, you must meet specific requirements and go through a process. Here’s what you need to do:

    1. Meet the residency requirement: You should have lived in Australia as a permanent resident for at least 4 years before applying for citizenship.
    2. Demonstrate good character: You must show that you are of good character and have abided by Australian laws during your time as a resident.
    3. Understand the citizenship test: Prepare for the citizenship test, which assesses your knowledge of Australia’s values, traditions, and government.
    4. Apply for citizenship: Complete the application form for citizenship and submit it along with any required documents and fees.

    Conclusion

    In conclusion, the Subclass 801 Partner Visa in Australia offers a pathway to permanent residency for partners and spouses of Australian citizens or residents. This visa allows you to live, work, and study in Australia indefinitely.

    Once granted, it can pave the way for eligibility to apply for Australian citizenship. Meeting all the requirements and providing necessary documentation are crucial steps in securing this important milestone.

    With the Subclass 801 visa, partners and spouses can build a stable future in Australia with their loved ones by their side.

    CJMigration

    CJMigration is a well-respected Sydney migration agency with over 30 years of experience in the industry. We can help guide you through the process and achieve your immigration goals.

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