Couples applying for a Subclass 820 Partner Visa (and subsequently a permanent visa application) must provide sufficient evidence of their commitment and ongoing relationship, demonstrating their ability to live together successfully in Australia.
- The first step in becoming an Australian citizen is the Subclass 820 visa, which allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen live in Australia temporarily
- Stage 2 of the application process is the Subclass 801 Partner Visa, a permanent visa option for couples in a relationship with Australian citizens, permanent residents, or eligible New Zealand citizens.
Our experienced partner visa lawyers know that the chances of a successful outcome substantially increase with a properly prepared and structured visa application.
Now you can view our ultimate partner visa checklist guide for the Subclass 820 Partner Visa and Subclass 801, explaining everything you need to know about the temporary-to-permanent immigration process and helping couples in a mutual commitment settle into the Australian community.
What is the 801 Visa in Australia?
A subclass 801 partner visa is a permanent visa that allows couples in a genuine and ongoing relationship to:
- Live in Australia permanently
- Study and work with no restrictions
- Access Medicare benefits
- Sponsor eligible family members and relatives
- And apply for Australian citizenship
To qualify for a subclass 801 visa, you must have already held the partner visa 820 and remain in a genuine and continuing relationship.
Moving from Subclass 820 Partner Visa to 801
To successfully move from the temporary partner visa subclass 820 visa to the 801 partner visa, you must continue to show the following:
- You are still in a genuine relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
- You are still living together or meet the long-distance relationship requirements
- You continue to meet all visa requirements
Can I Have a Subclass 801 Visa Granted Immediately?
In some cases, if you have been in a long-term relationship or have children together, the 801 visa may be granted immediately after the 820 visa. This immediate grant usually applies when the relationship meets specific criteria set by the Department of Home Affairs, such as:
- Being in a long-term, genuine, and ongoing relationship for at least three years
- Or two years, if you share a child
The immediate grant of the 801 visa allows visa applicants to enjoy the benefits of living in Australia permanently in a much shorter timeframe.
- You will need a well-prepared application that shows the genuine and ongoing nature of your relationship, together with all relevant documents and substantial evidence.
- The Department will also assess whether you meet all health and character requirements before granting the permanent visa immediately.
Our experienced immigration lawyers and migration agents consistently achieve a 99.6% rate for successful outcomes under the Australian partner visa requirements. They can:
- Assess your evidence and explain if you might qualify for an immediate grant of the subclass 801 visa.
- Help you prepare a strong application to give you the best chance of achieving permanent residency.
What are the Eligibility Criteria for a Partner Visa Subclass 801?
To be eligible for an 801 visa, you must first:
- Hold a substantive visa, which is generally any visa other than a bridging visa
- Have a valid temporary partner visa Subclass 820
- Be in a genuine, ongoing, and exclusive relationship with your married or de facto partner
- Provide evidence of your life together relationship that shows joint responsibility and shared living arrangements
- Continue to meet the health and character requirements
- Not had a visa cancelled or application refused previously
NOTE: You can still qualify for an 801 visa if you are experiencing family violence.
Family Members: Who Can Be Included in Your Application?
Family members can be included in your partner visa application. The Australian Government allows you to add dependent children as secondary applicants to your partner visa, whether you are married or in a de facto relationship.
- Dependent children must be under 18 years old
- If they’re over 18, you must prove they’re financially dependent on you and not married or in a de facto relationship.
- You will need a full birth certificate, including the applicant’s passport biodata page for each child.
- To include dependent children, your sponsoring partner must agree to sponsor them as part of your visa application.
- All dependent children included in your application must also meet the health and character requirements set by the Department of Home Affairs.
- For dependent children 16 and older, you will need an Australian Federal Police Clearance check.
- You will also need adoption papers when relevant
Dependent Child Visa: Including Children in Your Partner Visa Application
To include children as dependents in a Partner Visa application, the current partner must agree to sponsor them. You’ll also need to follow the specific requirements for the Dependent Child Visa.
- This visa allows dependent children to join their parent(s) in Australia under the same partner visa application.
- Eligible dependent children are typically under 18 years old
- Children over 18 may also qualify if they are financially dependent due to a disability or other valid reasons
The sponsoring partner must provide written consent to sponsor the dependent child, and each child must meet the health and character requirements set by the Department of Home Affairs. Required documents include the following:
- Child’s birth certificate
- Evidence of financial dependency (if applicable)
- Police certificates are required for children who are 16 years old and older.
Documents for a Successful Partner Visa Subclass 801 Application
Before starting an application for a bridging visa, you must already have a substantive visa. Increasing your chance of a successful 801 visa application begins with an accurately completed application form that includes:
- A personal statement about your social activities and shared experiences with your partner and friends.
- Detailed and well-organised evidence
Proof of Identity Documents
- Scanned copy of your passport
- Personal documents passport biodata page
- National identity card (if you have one)
- Birth certificate
Other identity evidence can include:
- Court-issued documents
- Change of name documents
- Marriage certificate
Proof of Relationship Documents
- Marriage certificate
- Or proof of a registered relationship
- Statements of joint bank accounts
- Shared utility bills, rental agreement or mortgage documents
- Proof of shared financial obligations
- Divorce certificate or death certificate (when relevant)
Cohabitation Evidence
- Joint lease agreements or other property documents
- Joint utility bills under both names
- Joint home address evidence
- Correspondence addressed jointly
Social Evidence
- Videos and/or photos from shared events and holidays together
- Invitations that are addressed to you as a couple
- Form 888 – Statutory Declarations from friends and family members
Joint Travel
- Shared travel, such as flight tickets and accommodation bookings
- Photos from these shared trips
History of Communication
- Text, email, and social media conversation screenshots or downloads
- Regular communication records
Joint Financial Commitments and Household Requirements
- Joint mortgages or other loans
- Joint bank accounts and bank statements
- Shared insurance policies
- Joint car loans
- Joint credit cards
- Shared receipts like groceries, food delivery
- Shared domestic chores and household budgets
Statutory Declarations
A minimum of two statutory declarations (Form 888) from Australian citizens or permanent residents who know you as a couple that confirm your genuine relationship aspects.
Health and Character Requirements for 820 Partner Visa
Health and character checks are mandatory for all subclass 820 visa applicants including accompanying dependent children. The Department’s character assessment requires:
- Documents that demonstrate your compliance with Australian laws and character requirements
- Military discharge papers (if you have a military history)
- Australian Federal Police clearance for dependent children, depending on their age
- Police certificates from each country where you have resided for 12 months or longer since turning 16
3 Recommendations for Partner Visa 801 Document Management
1. Get Certified Translations
We recommend obtaining certified translations for any documents that are not in English and attaching them to the original.
2. Organise documents by their category
Group your documents by the following:
- Identity
- Long-Term Relationship Aspects
- Household
- Social
- Financial
- Character Documents & Health Requirements
3. Use ImmiAccount if NOT using a lawyer or migration agent
If you are working with an immigration lawyer or migration agent, they will manage ImmiTacker on your behalf. Otherwise, you can upload documents to ImmiAccount, being sure that:
- Your documents are well-named and legible
- Scans are clear and uploaded as PDFs or JPGs.
- All required documents are present with no duplications
How Much Does a Partner Visa 801 Cost?
Applying for the Partner Visa 801 involves a single application fee that starts at AUD $9,365 and covers both the temporary Partner Visa subclass 820 and the permanent Partner Visa subclass 801.
- If you are including dependent children in your application, additional fees will apply for each child.
- You should also budget for extra costs such as health checks, police certificates, and biometrics, as these are required documents for the visa subclass.
What is the Processing Time for an 801 Partner Visa?
The processing time for the Partner Visa 801 is generally two years after you lodge your initial application for both the temporary and permanent partner visas. However, actual processing times can vary depending on:
- The complexity of your application
- How quickly you provide all required documents
- The current workload at the Department of Home Affairs
For the most up-to-date information on processing times, always check the official Home Affairs website.
Top 3 Mistakes for an 801 or 820 Partner Visa Checklist
Beware of these common mistakes migrants make during the visa application process.
Applying for a partner visa while holding a visitor visa can impact your work rights, as visitor visas generally do not allow you to work in Australia. Be aware of the transition procedures and how your current visa status may affect your application.
Not understanding your eligibility for a bridging visa can lead to complications. A bridging visa (such as subclass A or B) may allow you to stay lawfully in Australia and, in some cases, maintain work rights while your partner visa application is processed. Check which bridging visa subclass you may be eligible for based on your previous visa status.
1. Applications Missing Documents
Using a partner visa checklist can help confirm that you’ve included all necessary documents.
- Missing documents can delay your application or result in a visa rejection
- Careless preparation of your application can result in an instant refusal
- Organising documents into categories makes your application clearer
2. Incorrect Information
If any information has changed since you submitted your 820 application, please ensure you update it with the most current details. For example:
- Address changes
- Bank account details
- Other vacations you have taken together
3. False Information
Honest information is required for a successful outcome. False information often leads to a visa refusal or other problems.
Last Checks Before Lodging a Partner Visa 801 Application Form
1. Check All Documents
Review your application form and all related documents before lodging your visa application. Make sure they are accurate with no omissions.
2. Ask an Immigration Lawyer
Timpson Immigration Lawyers has a 100% success rate for migrants passing their document assessment process. Make sure you’re wisely investing over $9,000 by seeking expert advice and ensuring a successful 801 visa application.
3. Lodge Your Application
If you are not working with a lawyer or migration agent, you can lodge your application online with ImmiAccount.
Benefits and Rights After Receiving the Partner Visa 801
Once you are granted the Partner Visa 801, you become a permanent resident of Australia with a wide range of benefits and rights. As the holder of a permanent partner visa, you can:
- Live, work, and study in Australia indefinitely
- Access to Australia’s public healthcare system (Medicare)
- Sponsor eligible family members to join you in Australia
- After meeting the eligibility criteria, you may also apply for Australian citizenship
The Partner Visa 801 allows you to travel to and from Australia as often as you like for five years from the date your visa is granted. After this period, if you wish to continue travelling, you may need to apply for a Resident Return Visa to maintain your permanent resident status.
This visa is the second and final stage of the partner visa process, following the temporary Partner Visa subclass 820, and marks a significant milestone in your journey to building a life together in Australia as a permanent resident or eligible New Zealand citizen.
Expert Permanent Partner Visa Lawyers
The migration team at Timpson Immigration Lawyers has a 99.6% success rate for all types of Australian temporary and permanent visas. We are aware of the expectations of the Australian Government and their requirements for relationship evidence. Ask us about:
- Expert legal advice for a subclass 820 partner visa
- How to have a valid partner visa applications
- An analysis of your relationship evidence to provide a strong application
- Advice on additional documents that could help prove your case
- If you could qualify for an immediate 820/801 visa grant
- Assistance with Prospective Marriage Visa (subclass 300) for couples living outside Australia who are not yet married.
Partner Visa Australia Checklist FAQs
What happens when an 801 visa is granted?
You become a permanent resident of Australia after being granted an 801 partner visa. This visa allows you to:
- Live, work and study in the Australian community
- Access Medicare benefits
- And sponsor family members who meet the requirements
You also have travel rights for five years, after which you’ll need a Resident Return Visa (RRV) to return to Australia.
Is a Partner Visa 801 a pathway to permanent residency?
The Subclass 801 Partner visa is the last step in Australia’s onshore partner visa process because once approved, it gives you permanent residency.
It’s probably the easiest way to apply for Australian citizenship.
How long does it take to obtain a Partner Visa 801?
The average time it takes to process a Partner Visa 801, (which is the second step in the onshore Partner Visa 820), is 22 to 26 months. However, this time frame can change a lot depending on a number of factors, including the quality of your relationship evidence.
What is the difference between a Partner Visa 801 and 820?
- The Australian Partner Visa (subclass 820) is a temporary visa that lets you live in Australia for a period of time while you apply for permanent residency.
- The Partner visa (subclass 801) is the second step, which grants you a permanent visa.
