Subclass 801 Partner Visa

The Partner (Residence) (Class BS) Subclass 801 Visa allows the de facto partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia permanently. This visa represents the second step toward obtaining permanent residency, following the Partner Visa Subclass 820.

Work Rights for Subclass 801 Visa Holders
Holders of the Subclass 801 visa have full work rights, allowing them to work anywhere in Australia.

Including Family Members in Subclass 801 Visa
Children can be included in your Subclass 801 application either at the time of submission or before a decision is made on the temporary visa application. If you wish to include a child after the temporary visa is granted, you will need to apply for the Subclass 445 Dependent Child Visa. If you wish to include a child after being granted the permanent visa, the Subclass 101 Child Visa must be lodged.

Extension of Subclass 801 Visa
The Subclass 801 visa does not require an extension, as it grants permanent residency in Australia, allowing you to eventually apply for Australian citizenship.

Application Fees for Subclass 801 Visa
The combined application fee for the Partner Visa Subclass 820 and Subclass 801 is AUD 9,095, payable at the time of submission.

Processing Time for Subclass 801 Visa
For standard applications, 25% are processed within 6 months, and 50% within 10 months. However, processing times may vary based on individual circumstances.

Relationship Requirements for Subclass 801 Visa

To be eligible for the Subclass 801 Visa, you must continue to be in a relationship with your spouse or de facto partner, who must be an Australian citizen, permanent resident, or eligible New Zealand citizen. This applies to both same-sex and opposite-sex relationships.

Meeting the Relationship Requirement
At the time of lodging the Subclass 801 visa, you must still be sponsored by your partner, and the relationship must be genuine and continuing. Detailed documentary evidence is required as per the Partner Visa Subclass 801 Checklist.

Living Separately
Time spent dating or in an online relationship may not count toward the de facto relationship requirement.

Relationship Duration
Typically, two years must pass after applying for the combined Subclass 820 and 801 visas before being assessed for the permanent Subclass 801 visa.

When the Relationship Breaks Down

In certain circumstances, you may still be eligible for the Subclass 801 visa even if the relationship breaks down before the permanent visa is granted.

• Family Violence: If you or a dependent child is a victim of family violence, you may still obtain the Subclass 801 visa if your relationship has ended and your partner committed family violence.
• Child with Your Sponsor: If the relationship ends but you have a child under 18 with your sponsor, you may still be eligible for the Subclass 801 visa if you have parental responsibility or access to the child.
• Death of Your Partner: If your partner dies before the Subclass 801 visa is granted, you may still be eligible if you can prove that your relationship would have continued had your partner been alive, and you have close ties to Australia.

Frequently Asked Questions about Subclass 801 Visa

• Is the Subclass 801 Visa a Permanent Residency?
  Yes, the Subclass 801 Visa grants permanent residency.
• What Happens After the 801 Visa is Granted?
  Once granted, you can live, work, or study in Australia permanently. You may also apply for Australian citizenship once you meet the eligibility criteria.
• What if the Relationship Breaks Down After the Subclass 801 Visa is Granted?
  If your relationship ends after you have been granted the Subclass 801 visa, it will not affect your visa status.
• When Can You Transition from Subclass 801 Visa to Australian Citizenship?
  You can apply for Australian citizenship after holding the Subclass 801 visa, provided you have completed four years of lawful residence in Australia, with at least one year as a permanent resident.
• What is the Subclass 801 Visa?
  The Subclass 801 Visa is the second stage of the Partner Visa application process, following the Subclass 820 Visa, and grants permanent residency in Australia.