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Partner Visa (subclass 820/801 and 309/100)

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Partner Visa (Subclass 801) – Permanent Residency for Partners in Australia

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Partner Visa (Subclass 801)

Key Benefits of the Partner Visa 801

  • Permanent Residency
    Live in Australia indefinitely with full access to work, study, and healthcare.
  • Access to Medicare
    Enjoy Australia’s public healthcare system as a permanent resident.
  • Pathway to Citizenship
    Eligible applicants can apply for Australian citizenship after meeting residency requirements.
  • Include Dependent Children
    You can include dependent children in your application.
  • Travel Rights
    Travel freely in and out of Australia for 5 years; after that, apply for a Resident Return Visa.

Eligibility Criteria

To apply for the Subclass 801 visa, you must meet the following requirements:

Relationship Requirements

  • Be married or in a de facto relationship with an eligible sponsor.
  • Relationship must be genuine and continuing

Visa Status

  • Hold a temporary Partner Visa (Subclass 820)
  • Have passed 2 years since lodging the combined 820/801 application.

Sponsor Requirements

  • Sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen
  • Sponsor must not have sponsored another partner in the last 5 years (unless exempt)

Health & Character Requirements

  • Complete medical checks and provide police clearance certificates.

Evidence of Relationship

You must provide updated evidence across four key areas:

  • Financial: Joint bank accounts, shared expenses, insurance policies.
  • Household: Shared living arrangements, utility bills, lease agreements.
  • Social: Photos, travel records, Form 888 declarations from friends/family.
  • Commitment: Marriage certificate, long-term plans, emotional support.

Visa Conditions

Once granted, the Subclass 801 visa comes with the following conditions:

  • Permanent Residency
    You can live in Australia indefinitely.
  • Work and Study Rights
    No restrictions on employment or education.
  • Access to Services
    Eligible for Medicare and other government benefits.
  • Travel Facility
    Travel freely for 5 years; after that, apply for a Resident Return Visa (RRV).
  • Citizenship Pathway
    Apply for Australian citizenship after meeting residency and character requirements.

Frequently Asked Questions (FAQs)

  • How long does it take to get the 801 visa after the 820?

    You become eligible for the 801 visa 2 years after lodging the combined 820/801 application. Processing can take 9 to 19 months

  • Can I include my children in the 801 visa application?

    Yes, dependent children can be included. If not added in the 820 application, they must first hold a Subclass 445 Dependent Child Visa

  • Is the 801 visa a permanent visa?

    Yes, it grants permanent residency in Australia with full rights to live, work, and study

  • Can I apply for citizenship after getting the 801 visa?

    Yes, you may apply for Australian citizenship once you meet the residency and character requirements.

  • What happens if my relationship ends before the 801 visa is granted?

    You may still be eligible under special circumstances such as domestic violence, death of the sponsor, or shared parental responsibility.

  • Is there a separate fee for the 801 visa?

    No, the fee is paid during the initial 820/801 combined application. As of July 2025, the fee is AUD $9,365.

  • Can my sponsor cancel their sponsorship?

    Yes, but this may affect your visa outcome. If sponsorship is withdrawn, the Department will reassess your eligibility

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