The 801 Partner Visa is the permanent stage of the onshore partner visa pathway, following the subclass 820 visa. This visa allows individuals who have already held the 820 provisional visa to transition to permanent residency in Australia. While you typically need to continue your relationship with your Australian citizen or permanent resident sponsor to qualify for the 801, there are specific circumstances in which you may still be eligible for this visa, even if your relationship has broken down.
Key Features of the 801 Partner Visa
The 801 Partner Visa grants permanent residency and a pathway to Australian citizenship. It is the second stage of the partner visa process for applicants who have already been granted the subclass 820 visa. This visa allows you to live, work, and study in Australia permanently, as well as access healthcare and other government services.
Possible Partner Visa 801 Immediate Grant
In some cases, applicants may be eligible to have the 801 visa granted immediately along with their 820 visa. This is possible if you can demonstrate that you have been in a long-term relationship with your partner at the time of lodgement.
To qualify for the simultaneous grant, the following relationship criteria apply:
- 3 years of being in a de facto or spousal relationship, or
- 2 years of being in the relationship if you have a dependent child together.
The authority to grant the 801 visa simultaneously with the 820 visa is discretionary and cannot be appealed if denied. However, if you can provide sufficient documentary evidence, such as joint financial records, shared property, and proof of long-term commitment, you may have a higher chance of securing an immediate grant of the 801 visa.
801 Visa & Relationship Breakdown
If your relationship breaks down before the 801 visa is granted, there are specific circumstances where you may still be eligible for the 801 visa. These situations include:
- Family Violence: If you have been subjected to family violence from your sponsor, you may still qualify for the 801 visa. This applies regardless of whether the 2-year waiting period for the 820 visa has passed. Family violence is defined broadly, including physical, emotional, and psychological abuse.
- Child of the Relationship: If you have a dependent child with your sponsor, you may still be eligible for the 801 visa even if the relationship ends.
- Death of the Sponsor: If your partner has passed away before the 801 visa is granted, you may still be eligible, provided that you can demonstrate the relationship would have continued and that you have established significant personal, cultural, or business ties with Australia.
Social Security Payments & Partner Visa 801
Since January 2019, there have been changes in the eligibility rules for social security payments for individuals granted permanent residency in Australia. Under the Newly Arrived Resident’s Waiting Period (NARWP), migrants are subject to different waiting periods for various government payments:
- 4-year waiting period for most working-age payments.
- 2-year waiting period for Parental Leave Pay, Dad and Partner Pay, and Carer Payment.
- 1-year waiting period for Carer Allowance and Family Tax Benefit Part A.
- No waiting period for Family Tax Benefit Part B.
For those who received their permanent residency before 1 January 2019, the old rules apply.
801 Spouse Visa Processing Time (2024)
The average processing time for the subclass 801 Partner Visa is approximately 22 to 26 months based on 75-90% of applications lodged. This timeline is an estimate, and actual processing times may vary depending on individual circumstances, the complexity of the application, and the applicant’s case.
Pathway to Australian Citizenship
One of the key benefits of the 801 visa is that it offers a direct pathway to Australian citizenship. Once granted permanent residency, you can apply for citizenship after meeting the necessary residency requirements, which typically include living in Australia for at least 4 years, with 12 months of that time spent as a permanent resident.
Why Choose No Borders Law Group for Your Partner Visa Application?
At No Borders Law Group, we have extensive experience helping individuals navigate the complexities of the Australian partner visa process. Our team of migration lawyers has successfully assisted many clients in securing their 801 Partner Visa immediately upon the grant of the 820 visa, saving them valuable time and money.
Whether you’re looking to apply for a partner visa or need help with a relationship breakdown, our team is here to assist you. Contact us today for a free initial consultation with one of our expert migration lawyers and take the next step toward permanent residency in Australia.