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Permanent Partner Visa (Subclass 801) – Australia Migration Visa

The Subclass 801 visa is a permanent residence partner visa that is applied for and granted onshore. If you are married or in a de facto relationship with an Australian citizen or permanent resident or an eligible New Zealand citizen, this is a pathway to consider permanent residence in Australia. It is usually only for people who currently hold a temporary partner visa (Subclass 820)

With Subclass 801 you can

In addition to what you can do on your subclass 820 visa,

you can:

  • live, work, and study in Australia indefinitely.
  • Sponsor eligible family members to come to Australia.

Apply for Australian citizenship if eligible.

Permanent Partner Visa (Subclass 801) Checklist

1-9.

Please refer to our General Checklist here

https://dlegal.com.au/articles/migration/checklists/general-checklist/

  

10.

Evidence of your relationship

Supporting evidence of the relationship

Finances

Evidence you and your partner share financial matters. Evidence can include:

  • joint mortgage or lease documents
  • joint loan documents for major assets like homes, cars or major appliances
  • joint bank account statements
  • household bills in both names.

Your household

Evidence you and your partner share domestic matters. Evidence can include:

  • a statement about how you share housework
  • household bills in both names
  • mail or emails addressed to you both
  • documents that show joint responsibility for children
  • documents that prove your living arrangements.

Social matters

Evidence that others know about your relationship.

You must provide 2 statements from 2 witnesses who:

  • are 18 years old or older
  • know you and your spouse or partner
  • know about your relationship.

Statements from witnesses can be done by completing Form 888 – Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application (241KB PDF).

If the witness is an Australian citizen or permanent resident, provide evidence of this such as a passport or birth certificate.

Evidence can also include:

  • joint invitations or evidence you go out together
  • proof you have friends in common
  • proof you have told government, public or commercial bodies about your relationship
  • proof you do joint sporting, cultural or social activities together
  • proof you travel together.

Commitment

Spouse Visa Prospective Marriage De Facto Partner Visa Australia

Show us how you are committed to a long-term relationship with each other. You could give us:

  • proof you have knowledge of each other’s background, family situation or other personal details. You could tell us this at an interview
  • proof you have combined your personal matters
  • the terms of your wills
  • proof you stay in touch when apart
  

11.

Changes to your situation

If your situation has changed since you applied for your Partner visa, complete and attach to your ImmiAccount Form 1022 – Notification of changes in circumstances (172KB PDF).

You will also need to provide the following documents, as relevant:

  • your marriage certificate
  • your child’s or children’s birth certificate(s)
  • adoption papers
  • a final divorce decree or legal separation agreement or other relevant document
  • a court decision on child custody
  • the death certificate for your partner
  • proof of change of name. This might be a marriage certificate, deed poll or equivalent document.

If you have a new or updated passport or changed your address:

  

12.

Health documents, Please refer to our General Checklist here

https://dlegal.com.au/articles/migration/checklists/general-checklist/

  

13.

Character documents, Please refer to our General Checklist here

https://dlegal.com.au/articles/migration/checklists/general-checklist/

  

14.

Adequate health insurance, Please refer to our General Checklist here

https://dlegal.com.au/articles/migration/checklists/general-checklist/

  

15.

Pay your debts to the Australian Government, Please refer to our General Checklist here

https://dlegal.com.au/articles/migration/checklists/general-checklist/

  

16.

Best interests of the child, if applicable, Please refer to our General Checklist here

https://dlegal.com.au/articles/migration/checklists/general-checklist/

  

17.

Not had a visa cancelled or an application refused , Please refer to our General Checklist here

https://dlegal.com.au/articles/migration/checklists/general-checklist/

  

18.

Location

 You must be in Australia when you lodge your application and when a decision is made on the temporary Partner visa (subclass 820).

You can be in or outside Australia when a decision is made on the permanent Partner visa (subclass 801).

If you are outside Australia when you want to lodge your application, consider either:

  • a Prospective Marriage visa (subclass 300)
  • a Partner visa (subclass 309 and 100).
  

19.

Dependent children

For every dependent child who currently holds a subclass 820 or 445 visa, provide copies of the following:

their passport documents that show changes to their situation police certificates, if applicable, for dependents 16 years old or older.

  

20.

 Proof of dependency, Please refer to our General Checklist here

https://dlegal.com.au/articles/migration/checklists/general-checklist/

  

21.

Parental responsibility documents, if applicable, Please refer to our General Checklist here

https://dlegal.com.au/articles/migration/checklists/general-checklist/

  

22.

Sponsor Documents

You do not need to submit another application for sponsorship. However, you will need to provide additional documents.

Attach to your ImmiAccount:

the personal details page of your most recent passport (showing your signature), or your Australian driver’s licence

a completed Statutory Declaration – Partner Visa (Sponsor) (30KB PDF).

  

23.

Prepare Documents , Please refer to our General Checklist here

https://dlegal.com.au/articles/migration/checklists/general-checklist/