Partner Subclass 801 Visa

This visa allows the partner or spouse of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen to live in Australia. You apply for the Partner (Temporary( Subclass 820 and Partner (Permanent) Subclass 801 visas together. You must be inside Australia when you apply for this visa.

Partner Subclass 801 Visa

Partner (Residence) (Class BS) Subclass 801 Visa

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia permanently. This visa is the second step towards a permanent residency after Partner visa (subclass 820). Usually, 2 years must have passed since you applied for the combined 820 and 801 visa for you to be assessed for the permanent visa. You must be outside Australia when you apply for this visa.

Partner Visa Work Rights in Australia

The visa holders have full work rights to work anywhere in Australia.

Including Family Members - Subsequent Entrant

If you have children, they can also be included in your application at the time of application, or before a decision is made on temporary visa application. If you want to add a child after you have been granted temporary visa then you will need to lodge 'Subclass 445 Dependent Child Visa'. If you want to add a child after you have been granted this visa then you will need to lodge 'Subclass 101 Child Visa'.

Partner Visa Extension

The extension of this visa is not required as you can stay in Australia until your Permanent Partner (Migrant) visa (subclass 801) is decided or that application is withdrawn.

Partner Visa Application Fees

You pay A$7850 for 'Partner Subclass 820 Visa' and 'Partner Subclass 801 Visa' application together at the same time.

Estimated Processing Time

Standard Stream: 75% of applications in 11 Months, 90% of applications in 19 months

Partner Subclass 801 Visa Relationship Requirement

Partner Visa Relationship Requirement

You must still be in relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident or Eligible New Zealand. Your relationship can be with someone of same of different sex.

Meeting Relationship Requirement

You must continued to be sponsored.

Meeting Relationship Requirement by Living Separately

The time spent dating or in an online relationship might not count as being in a de facto relationship.

Estimated Processing Time

Standard Stream: 75% of applications in 18 Months, 90% of applications in 23 months

Visa Subclass 801 Relationship Breaks Down

You might still be eligible for the BS 801 permanent visa if your relationship breaks down or your partner dies before the grant of permanent visa 801 Australia.

In family violence situations: If you or someone in your family is the victim of family violence, you could still get a Partner visa Subclass 801 if you are in Australia as the holder of a provisional Partner (Subclass 820) visa; and your relationship has ended; and your partner committed family violence against you or a dependent child of you or your partner.

You have a child with your sponsor: If your relationship ends and you have parental responsibility for at least one child under 18 years, you may still get a Partner visa Subclass 801 if you have applied for, or you have been granted a temporary Partner (Subclass 820) visa in Australia; and your relationship has ended; and you have access to and/or responsibility for the child.

Your partner dies: If your partner has died, you could still get a Partner visa Subclass 801 if you have applied for, or you have been granted a temporary Partner (Subclass 820) visa in Australia, and you can prove your relationship would have continued if your partner was still alive; and you have close ties with Australia.

Partner Subclass 801 Visa Checklist

For all applicants to be included in the application

1. Identity documents such as passport, birth certificate, proof of name change such as marriage or divorce certificate.
2. Provide an overseas police certificate from every country, including your home country, where you spent a total of 12 months or more in the last 10 years since you turned 16, any military service records or discharge papers if you served in the armed forces of any country.
3. Passport size photographs.

For Primary Applicant

4. Provide proof of ‘Genuine and Ongoing Relationship’ with your de facto partner.

For Sponsoring Partner

5. Identity documents such as passport, birth certificate, and proof of name change such as marriage or divorce certificate.
6. Provide Australian Federal Police clearance certificate.
7. Provide statutory declaration Partner visa Sponsorship.