Australian Partner Visa (Sc 801): How to Apply, Eligibility, Evidence and Processing
Australian Partner Visa (Sc 801): How to Apply, Eligibility, Evidence and Processing
Introduction
For many couples building their lives together in Australia, obtaining permanent residency through the Partner Visa program is a significant milestone. The Partner Visa (Subclass 801) is the permanent stage of the onshore partner visa pathway and allows eligible applicants to live, work, and study in Australia indefinitely.
The Subclass 801 visa is generally assessed after an applicant has already been granted a Partner Visa (Subclass 820) and has demonstrated that their relationship remains genuine and ongoing. Once granted, the permanent Partner Visa provides long-term security, access to Medicare, travel rights, and a pathway to Australian citizenship for eligible applicants.
This guide explains everything you need to know about the Australian Partner Visa (Sc 801), including eligibility requirements, relationship evidence, required documents, processing considerations, family members, and the application process.
What Is the Subclass 801 Partner Visa?
The Partner Visa (Subclass 801) is a permanent visa for individuals who are the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
The visa is the second stage of the onshore partner visa process. Most applicants lodge combined applications for the temporary Partner Visa (Subclass 820) and permanent Partner Visa (Subclass 801). The permanent visa is usually considered approximately two years after the original application date.
Once granted, the Subclass 801 visa allows the visa holder to remain in Australia permanently and enjoy many of the same benefits available to Australian permanent residents.
What Can You Do with a Subclass 801 Visa?
Obtaining a Subclass 801 visa is a major step toward establishing a long-term future in Australia. The visa provides a range of benefits that support permanent settlement, allowing holders to enjoy greater stability, flexibility, and opportunities as Australian permanent residents. The permanent Partner Visa provides a range of benefits and opportunities.
With this visa, you can:
- Live in Australia permanently.
- Work in Australia without restrictions.
- Study in Australia.
- Access Australia’s public healthcare system, Medicare.
- Sponsor eligible family members to come to Australia.
- Travel to and from Australia for five years from the visa grant date.
- Attend free English language classes through the Adult Migrant English Program if eligible.
- Apply for Australian citizenship if you meet the eligibility requirements.
For many applicants, receiving the Subclass 801 visa marks the completion of the partner visa journey and provides long-term stability for themselves and their families.
How Long Can You Stay?
The Subclass 801 visa is a permanent visa. You become an Australian permanent resident from the day the visa is granted.
Unlike temporary visas, there is no expiry date on your permanent residency status. However, the travel facility attached to the visa generally remains valid for five years from the date of grant.
Travel Rights on the Subclass 801 Visa
Permanent residents can travel to and from Australia as many times as they wish while the travel facility remains valid. The travel facility attached to the Subclass 801 visa is generally valid for five years from the visa grant date.
If you wish to travel outside Australia after the five-year travel facility expires, you will usually need to obtain a Resident Return Visa (RRV) before re-entering Australia as a permanent resident.
Applicants can check the status of their visa and travel facility using the Department’s Visa Entitlement Verification Online (VEVO) system.
Eligibility Requirements for the Subclass 801 Visa
Before a permanent Partner Visa can be granted, applicants must satisfy several important requirements set by the Department of Home Affairs. These requirements help determine whether an applicant remains eligible to progress from the temporary stage to permanent residency. To be eligible for consideration of a permanent Partner Visa, applicants must generally meet several important requirements.
Hold an Eligible Visa: You must currently hold one of the following visas:
- Partner Visa (Subclass 820)
- Dependent Child Visa (Subclass 445)
Without holding one of these visas, you cannot proceed to the permanent Partner Visa stage.
Two-Year Assessment Period: In most cases, applicants become eligible for assessment for the Subclass 801 visa approximately two years after lodging their combined Subclass 820 and Subclass 801 applications. Applicants can check their original application date through ImmiAccount. The Department advises applicants not to submit permanent-stage documents before becoming eligible for assessment.
Long-Term Relationship Exception: In some situations, the Department may grant the permanent Partner Visa in less than two years. This may occur where the applicant was already in a long-term partner relationship with their sponsor when the original partner visa application was lodged.
Continue to Meet Relationship Requirements: One of the most important requirements for the Subclass 801 visa is demonstrating that the relationship continues to be genuine and ongoing.
Applicants must continue to be either:
- The spouse of the same sponsor; or
- The de facto partner of the same sponsor.
The Department will assess whether the relationship remains genuine, continuing, and mutually committed.
If Your Relationship Changes: The Department recognises that circumstances can change.
In some situations, applicants may still be eligible for the permanent visa if:
- The relationship has ended.
- The sponsor has passed away.
- Domestic or family violence has occurred.
Applicants in these situations should notify the Department and seek appropriate advice regarding their circumstances.
Health Requirements
Applicants and any family members included in the application must continue to satisfy Australia’s health requirements. Family members who are not migrating may also be required to meet health requirements in certain situations. If health examinations were completed during the Subclass 820 stage, the Department will advise whether additional medical examinations are required. Health assessments help ensure applicants do not present a significant risk to public health or place excessive demand on Australia’s healthcare system.
Character Requirements
Applicants may be required to provide updated character documentation during the permanent stage. A current Australian police certificate is commonly required if one was not provided previously or if the existing certificate has expired.
For immigration purposes, police certificates are generally valid for 12 months from the issue date. Applicants may also need to provide overseas police certificates for countries where they have spent 12 months or more since receiving their Subclass 820 visa.
The Department only accepts complete disclosure National Police Certificates issued by the Australian Federal Police.
No Debt to the Australian Government: Applicants and relevant family members must not owe money to the Australian Government. If any debt exists, arrangements must be made to repay the debt before the visa can be granted. This requirement may apply even where family members are not migrating to Australia.
Best Interests of the Child: Where an applicant under the age of 18 is involved, the Department must consider the best interests of the child. The visa may not be granted if doing so would not be in the child’s best interests.
Relationship Evidence Required for the Subclass 801 Visa
A significant part of the permanent Partner Visa process involves proving that the relationship remains genuine and ongoing. The Department expects applicants to provide updated evidence covering several aspects of the relationship.
Relationship Documents
Relationship documents play a crucial role in demonstrating the authenticity and continuity of a partnership. The Department assesses these documents to better understand the history of the relationship, the level of commitment between partners, and how the relationship has developed over time. Applicants must upload a Commonwealth statutory declaration completed by the sponsor.
The declaration should provide information about:
- The history of the relationship.
- Mutual commitment.
- Living arrangements.
- Shared financial responsibilities.
- Household responsibilities.
- Social aspects of the relationship.
- Future plans together.
Married applicants should also provide a valid marriage certificate. De facto partners should provide evidence supporting the existence of their de facto relationship.
Financial Evidence
Financial records can help show how a couple manages shared responsibilities and commitments. Evidence of joint financial arrangements may assist in demonstrating that both partners are actively contributing to and participating in the relationship on a practical level. Applicants should provide evidence showing shared financial commitments.
Examples include:
- Joint bank account statements.
- Joint mortgage documents.
- Joint lease agreements.
- Joint loan documents.
- Household bills in both names.
Financial evidence demonstrates the practical and ongoing nature of the relationship.
Household Evidence
Evidence should also show that the couple shares domestic responsibilities and household arrangements.
Examples include:
- Utility bills in both names.
- Documents showing joint responsibility for children.
- Mail addressed to both partners.
- Statements describing shared household duties.
- Evidence of shared living arrangements.
Social Evidence
The Department also considers how a relationship is viewed by family, friends, and the wider community. Social evidence can provide valuable insight into whether a couple presents themselves publicly as partners and maintains an established relationship. The Department also considers whether family, friends, and the broader community recognise the relationship.
Applicants must generally provide statements from two witnesses who:
- Are at least 18 years old.
- Know both partners.
- Are familiar with the relationship.
Witnesses can complete Form 888 to support the application.
Additional social evidence may include:
- Joint invitations.
- Travel records together.
- Photos together.
- Shared social activities.
- Evidence of mutual friends.
- Evidence provided to government or commercial organisations acknowledging the relationship.
Commitment Evidence
Applicants should also demonstrate long-term commitment to each other.
Examples include evidence showing:
- Knowledge of each other’s personal circumstances.
- Shared future plans.
- Continued communication when apart.
- Combined personal affairs.
- Wills naming each other as beneficiaries.
This evidence helps demonstrate the ongoing nature of the relationship.
Including Children in the Subclass 801 Application
Certain children may be eligible to be included during the permanent Partner Visa stage, provided specific requirements are met. Understanding the relevant visa pathways and documentation requirements is important when planning for dependent family members. Dependent children may be included under certain circumstances.
Subclass 445 Dependent Child Visa Holders
If a dependent child does not hold a Subclass 820 visa, they must first obtain a Dependent Child Visa (Subclass 445).
The child must:
- Hold a Subclass 445 visa.
- Be in Australia.
- Meet health requirements.
- Meet character requirements if aged 16 years or older.
Applicants must submit Form 1002 and notify the Department through the Partner Processing Enquiry Form.
Newborn Children
Family circumstances can change while a visa application is being processed. If a child is born after the initial partner visa application has been lodged, applicants should understand the steps required to notify the Department and update their records accordingly. If a child is born after lodging the partner visa application, applicants must inform the Department and provide the required documentation.
Step-by-Step Application Process
The permanent stage of the Partner Visa process involves several important steps, from confirming eligibility to submitting updated supporting documents. Following the correct process and providing complete information can help ensure the application progresses smoothly.
Step 1: Before You Apply
Before submitting permanent-stage documents:
- Confirm eligibility.
- Check your application date.
- Review document requirements.
- Gather updated evidence.
Step 2: Gather and Prepare Documents
Applicants should prepare:
- Passport copies.
- Police certificates.
- Relationship evidence.
- Family member documents.
- Updated personal information.
Providing complete and accurate information may help avoid delays.
Step 3: Lodge the Permanent Stage Application
Once eligible:
- Log in to ImmiAccount.
- Select “New Application.”
- Select “Family.”
- Choose “Stage 2 – Permanent Partner Visa Assessment.”
- Complete the application.
- Upload supporting documents.
Applicants may upload up to 100 documents for each person on the application.
Clearly labelling documents can help the Department assess the application more efficiently.
Step 4: After You Apply
After submission, applicants can monitor progress through ImmiAccount.
The Department may:
- Request additional documents.
- Request updated police certificates.
- Seek clarification regarding evidence.
- Request information about family members.
Applicants should respond promptly to any requests.
Applicants should also notify the Department of any significant changes, including:
- Relationship changes.
- Birth of a child.
- Changes to contact details.
- Passport updates.
Step 5: Visa Outcome
The Department will notify applicants of the outcome in writing.
If granted, the Department will provide:
- Visa grant number.
- Visa commencement date.
- Visa conditions.
If refused, the Department will explain the reasons for refusal and advise whether review rights are available.
Processing Times for the Subclass 801 Visa
The processing period for a permanent Partner Visa generally begins from the applicant’s date of eligibility, which is typically two years after lodging the combined Subclass 820 and Subclass 801 application.
Processing times can vary depending on individual circumstances.
Applications may take longer if:
- Information is incomplete.
- Required documents are missing.
- Additional information is required.
- Character or health checks take longer.
- Information requires verification.
Providing complete and accurate documentation can assist the Department in assessing applications efficiently.
Conclusion
The Australia Partner Visa (Subclass 801) is the final stage of the onshore partner visa pathway and provides permanent residency for eligible applicants. Once granted, it allows individuals to live, work, and study in Australia indefinitely while accessing important benefits such as Medicare, family sponsorship opportunities, and a pathway to Australian citizenship.
To achieve a successful outcome, applicants must continue to meet relationship requirements, provide strong relationship evidence, satisfy health and character requirements, and keep the Department informed of any changes in their circumstances. Preparing comprehensive documentation and understanding the permanent stage process can help ensure a smoother journey towards permanent residency in Australia. For more information, visit at https://immivisa.com.au/

