Visa pathway guide

AustraliaFamily

801 Partner Visa (Permanent) — Subclass 801

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. It is usually only for people who currently hold a temporary Partner visa (subclass 820).

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Visa details

Partner Visa (Permanent) — Subclass 801

The Partner visa (Permanent) (subclass 801) allows the spouse or de facto partner of an:

  • Australian citizen
  • Australian permanent resident
  • eligible New Zealand citizen

to live in Australia permanently.

It is usually available to people who currently hold a Partner visa (Temporary) (subclass 820).

At a Glance

Item Details
Visa Partner visa (Permanent) (subclass 801)
Stay Permanent
Cost Already paid when applying for the combined subclass 820 and 801 visas
Eligibility timing Usually assessed 2 years after the original partner visa application
Work rights Full work rights
Study Permitted
Medicare Access available
Travel facility 5 years from visa grant
Citizenship May apply when eligible
Family sponsorship May sponsor eligible family members
Visa record Digitally linked to your passport

What You Can Do With This Visa

You can:

  • live in Australia permanently
  • work in Australia
  • study in Australia
  • access Medicare
  • sponsor eligible family members to come to Australia
  • travel in and out of Australia during the 5-year travel facility
  • attend free English classes through the Adult Migrant English Program if eligible
  • apply for Australian citizenship when eligible

Key Eligibility Requirements

You must generally:

  • hold a temporary Partner visa (subclass 820), or
  • hold a Dependent Child visa (subclass 445)
  • have reached the permanent-stage eligibility date
  • continue to meet the relationship requirements
  • meet health requirements where required
  • satisfy Australian Government debt requirements
  • satisfy relevant child welfare requirements

When You Become Eligible

You are generally eligible for consideration of the permanent Partner visa:

2 years after the date you originally applied for the subclass 820 and subclass 801 visas.

You can check your original application date in ImmiAccount.

The processing period for the permanent stage starts from this eligibility date.

Earlier Permanent Visa Grant

The permanent subclass 801 visa may sometimes be granted earlier than the usual 2-year period.

This may apply if you were already in a long-term partner relationship with your sponsor when you originally applied.

How Long You Can Stay

This is a permanent visa.

You become an Australian permanent resident on the day the visa is granted.

Cost

There is generally no separate visa application charge for the permanent stage.

You already paid for the subclass 801 visa when you originally applied for the combined:

  • Partner visa (Temporary) — subclass 820
  • Partner visa (Permanent) — subclass 801

You may still need to pay for:

  • health examinations
  • police certificates
  • translations
  • other supporting documents

Processing Times

Processing times vary.

Applications are assessed individually and complex cases may take longer.

Your application may take longer if:

  • information is incorrect
  • required documents are missing
  • additional information is requested
  • information takes time to verify

Applications are processed according to applicable family visa processing priorities.

Published processing times are a guide only.

Continue to Meet Relationship Requirements

You must generally continue to be the:

  • spouse, or
  • de facto partner

of the same person who sponsored you for the temporary subclass 820 visa.

Your relationship should generally remain:

  • genuine
  • continuing
  • mutually committed

If Your Relationship Ends

You may still be eligible for the permanent visa in certain circumstances if your relationship ends before the subclass 801 visa is granted.

You should notify the Department about the change.

If Your Partner Dies

You may still be eligible for the permanent Partner visa in certain circumstances if your sponsor dies before the permanent visa is granted.

Family Violence Provisions

If you are experiencing domestic or family violence, special provisions may apply.

You may still be eligible for the permanent Partner visa depending on your circumstances.

Health Requirement

You and relevant family members may need to continue meeting Australia's health requirement.

If you previously completed health examinations for the subclass 820 visa, the Department will tell you if:

  • new examinations are required, or
  • additional health checks are needed

Australian Government Debts

If you or relevant family members owe money to the Australian Government, the debt must either:

  • be repaid, or
  • have an approved repayment arrangement

This can also apply to family members who are not migrating with you.

Best Interests of a Child

The Department may not grant the visa if doing so would not be in the best interests of an applicant under 18.

Family Members

A dependent child may have been included when you originally applied for the temporary subclass 820 visa.

You cannot add family members after the permanent subclass 801 visa has been granted.

Adding a Dependent Child Before the Permanent Visa Is Decided

A dependent child may be added before the permanent visa is finalised if they:

  • hold a Dependent Child visa (subclass 445)
  • are in Australia
  • meet health requirements
  • meet character requirements where applicable

Subclass 445 Dependent Children

Once your child holds a subclass 445 visa, complete:

Form 1002 — Application by a Subclass 445 Dependent Child for a Permanent Partner Visa

Attach the form through ImmiAccount.

You may also need to notify the Department through the Partner Processing Enquiry Form.

Newborn Children

If you have a baby after applying, notify the Department and update your application.

Travel Rights

You can travel in and out of Australia as many times as you want during the visa's initial:

5-year travel facility

After the 5-Year Travel Facility

Your permanent residence does not automatically end when the 5-year travel facility expires.

However, if you want to leave Australia and later return as a permanent resident, you may need a:

Resident Return Visa (RRV)

Check your travel facility expiry date through VEVO.

Visa Record

Australian visas are digital.

The subclass 801 visa is electronically linked to your passport.

You will not receive a physical visa label.

Application Process

Step 1 — Before You Submit Permanent Stage Documents

If the permanent subclass 801 visa was granted immediately after your subclass 820 visa, you do not need to complete the permanent-stage process.

Otherwise:

  1. Check which visa you currently hold.
  2. Check your original Partner visa application date.
  3. Wait until you reach the permanent-stage eligibility date.
  4. Prepare updated documents.
  5. Update any changed personal information.

Use VEVO to check your current visa.

Getting Help With Your Application

You may appoint someone to receive correspondence on your behalf.

Use:

Form 956A — Appointment or Withdrawal of an Authorised Recipient

If someone provides immigration assistance, they must generally be:

  • a registered migration agent
  • a legal practitioner
  • an exempt person

Use:

Form 956 — Appointment of a Registered Migration Agent, Legal Practitioner or Exempt Person

Step 2 — Gather and Prepare Your Documents

Once approximately 2 years have passed since your original subclass 820/801 application, you can provide documents for permanent-stage assessment.

Do not submit permanent-stage documents before the applicable eligibility time unless instructed otherwise.

Provide complete and accurate information.

Identity Documents

Provide a copy of the relevant pages of your most recent passport showing:

  • photograph
  • personal details
  • signature
  • passport issue date
  • passport expiry date

Character Documents

You may need to provide a current Australian police certificate.

This is particularly relevant if you did not provide one with your subclass 820 application or the previous certificate has expired.

Australian Police Certificate

For immigration purposes, police certificates are generally valid for:

12 months from the issue date

The Department accepts:

Complete Disclosure National Police Certificates issued by the Australian Federal Police

It does not accept:

  • standard disclosure certificates
  • state police certificates
  • territory police certificates

for this purpose.

Overseas Police Certificates

You may need a police certificate from any country where you spent a total of:

12 months or more since your subclass 820 visa was granted

This can include your home country.

Evidence of Your Continuing Relationship

You must provide evidence showing that you continue to be the spouse or de facto partner of the same sponsor.

Evidence generally falls into:

  1. relationship documents
  2. financial evidence
  3. household evidence
  4. social evidence
  5. commitment evidence

Sponsor's Statutory Declaration

Your sponsor may need to complete a Commonwealth Statutory Declaration addressing matters such as:

  • whether the relationship is mutually exclusive
  • whether the relationship is genuine and continuing
  • whether you live together
  • whether you live permanently apart
  • when the relationship began
  • how long you have lived together
  • financial commitments
  • household arrangements
  • responsibility for children
  • social aspects
  • commitment to each other
  • future plans

Marriage Evidence

If you are married, provide:

  • your marriage certificate, or
  • other evidence that your marriage is legally recognised in Australia

De Facto Relationship Evidence

If you are in a de facto relationship, provide evidence that your relationship continues to meet the relevant requirements.

Financial Evidence

Evidence showing that you share financial matters may include:

  • joint mortgage
  • joint lease
  • joint loans
  • joint bank accounts
  • household bills in both names

Household Evidence

Evidence may include:

  • statements explaining how household responsibilities are shared
  • household bills
  • mail addressed to both partners
  • evidence of shared responsibility for children
  • evidence of living arrangements

Social Evidence

Evidence that other people recognise your relationship may include:

  • joint invitations
  • shared friends
  • joint travel
  • social activities
  • sporting activities
  • cultural activities
  • evidence that government or commercial organisations recognise your relationship

Witness Statements

You should provide statements from two witnesses who:

  • are aged 18 or older
  • know you and your partner
  • know about your relationship

Witnesses may complete:

Form 888 — Supporting Statement in Relation to a Partner or Prospective Marriage Visa Application

If a witness is an Australian citizen or permanent resident, provide evidence such as:

  • passport
  • birth certificate

Commitment Evidence

Evidence should demonstrate your commitment to a long-term relationship.

Examples include showing that you:

  • know each other's family and personal circumstances
  • combine personal matters
  • stay in contact when apart
  • plan a future together

Wills may also be used as supporting evidence.

Family Member Documents

For each family member currently holding a subclass 820 or subclass 445 visa, provide where relevant:

  • passport
  • evidence of changed circumstances
  • police certificates for dependants aged 16 or older

Changes to Your Details

Notify the Department if there are changes to:

  • contact details
  • address
  • passport

Changes to Your Circumstances

Tell the Department about changes such as:

  • marital or de facto status
  • birth of a child
  • other relevant changes
  • withdrawal request

Translation

All non-English documents must be translated into English.

Translators in Australia

Must generally be accredited by NAATI.

Translators Outside Australia

Translations should include the translator's:

  • full name
  • address
  • telephone number
  • qualifications
  • relevant language experience

These details must be provided in English.

Scanning Documents

Documents should be:

  • scanned or photographed in colour
  • clear
  • legible

If a document has multiple pages, save all pages as one file.

Documents generally do not need to be certified.

Step 3 — Submit Permanent Stage Documents

You are generally eligible for permanent-stage assessment around 2 years after the original partner visa application.

Once eligible, submit your documents through ImmiAccount.

How to Submit

  1. Log in to ImmiAccount.
  2. Select New application.
  3. Select Family.
  4. Select Stage 2 — Permanent Partner Visa Assessment.
  5. Attach your documents.

Document Limits

The source states that you can attach up to:

100 documents per person

Clearly label your documents.

Attach each document only once.

Privacy and Online Safety

Protect your:

  • ImmiAccount
  • email account
  • passwords

Provide your own contact details so the Department can contact you directly if required.

Step 4 — After You Submit

You can manage and monitor your application through ImmiAccount.

Continue to:

  • monitor messages
  • upload requested documents
  • update relationship evidence
  • notify the Department about relevant changes

Status Updates

If the application is within published processing times, the Department may not provide individual progress updates.

Use ImmiAccount to check:

  • application status
  • messages
  • supporting documents

Upload Additional Information

If documents are missing, upload them through ImmiAccount as soon as possible.

The Department may also request further information.

Keep Relationship Evidence Updated

Because Partner visa processing may take a long time, continue updating evidence showing that your relationship remains genuine and ongoing.

Adding a Child Before Decision

You may add a dependent child before the permanent visa is decided if the child:

  • is in Australia
  • holds subclass 445
  • meets health requirements
  • meets character requirements where applicable

Use Form 1002 where required.

Changes After Permanent Stage Submission

Notify the Department if there are changes to:

  • relationship status
  • family composition
  • passport
  • address
  • contact information
  • other relevant circumstances

If Your Relationship Ends

You may need to complete a Notification of Relationship Cessation through ImmiAccount.

You may still be eligible for the permanent visa depending on your circumstances.

Online Safety if Your Relationship Ends

Consider:

  • changing your ImmiAccount password
  • changing your email password
  • avoiding saved passwords
  • creating a new private email account if needed

If You No Longer Need Immigration Assistance

Use:

  • Form 956A to remove an authorised recipient
  • Form 956 to withdraw an immigration assistance appointment

Correcting Mistakes

If you discover an error in your application, notify the Department as soon as possible.

Step 5 — Visa Outcome

You can be:

  • inside Australia, or
  • outside Australia

when the permanent subclass 801 visa is decided.

The Department will notify you in writing.

If Granted

The decision will generally include:

  • visa grant number
  • visa start date
  • visa conditions

Keep a copy of the decision.

If Refused

You will generally be told:

  • why the visa was refused
  • whether you have a review right

The visa application charge is generally not refunded.

After the Subclass 801 Is Granted

You become an Australian permanent resident.

You can:

  • live in Australia permanently
  • work without visa-based work restrictions
  • study
  • access Medicare
  • sponsor eligible family members
  • travel during the 5-year travel facility
  • apply for Australian citizenship when eligible

Permanent Residency Start Date

You become a permanent resident on the date the subclass 801 visa is granted.

For citizenship purposes, the relevant permanent residency date may depend on whether you were:

  • in Australia when the visa was granted, or
  • outside Australia and later entered Australia on the visa

New Zealand Passport Holders

New Zealand passport holders should take care when entering Australia.

If an immigration officer processes your entry, tell them:

  • you hold a permanent Australian visa
  • you do not want a Special Category visa (subclass 444)

A subclass 444 visa may override the permanent visa and could affect Australian citizenship eligibility.

Sponsoring Family Members

After becoming a permanent resident, you may be eligible to sponsor certain family members.

You cannot add family members to the already-granted subclass 801 application.

They must generally apply through an appropriate separate visa pathway.

Proving Your Visa Status

Use VEVO to:

  • prove your visa status
  • check visa conditions
  • check your travel facility

Your visa number is listed in your grant letter.

Digital Visa Record

Your digital visa record may be used by authorised:

  • airlines
  • Australian Government agencies
  • employers
  • banks
  • registered organisations

International Movement Records

You can request international movement records as evidence of your travel into and out of Australia.

Work Rights

Subclass 801 holders have full work rights.

You are protected by Australian workplace laws.

Study Rights

You can study in Australia.

Permanent residents may have access to different study assistance arrangements depending on eligibility.

Australian Government Benefits

You may need to satisfy waiting periods before becoming eligible for certain Australian Government payments and benefits.

Australian Citizenship

After meeting the relevant residence and eligibility requirements, you may be able to apply for Australian citizenship.

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