The 801 Partner Visa is the permanent stage of the onshore partner visa and immediately follows the subclass 820. You may only apply for this visa if you currently hold the provisional 820 visa, although you may be eligible to have the 801 granted simultaneously with the 820 in certain circumstances. You must generally continue to be the spouse or de facto partner of the Australian citizen or permanent resident sponsor for the original 820 visa, but may still be eligible in limited circumstances if your relationship breaks down. The 801 visa grants immediate permanent residency and provides a pathway to Australian citizenship.
Possible Partner Visa 801 Second Stage: 801 Visa Immediate Grant
You may be eligible to have the 801 visa granted simultaneously with the 820 visa, provided that you can establish that you have been in a ‘long-term relationship’ with your partner at the time of lodgement. A long-term relationship is defined as a de facto or spousal relationship for at least 3 years, or 2 years in the event that there is a dependent child of both you and your partner. The authority to grant the permanent 801 visa immediately after the provisional 820 is discretionary and may not be enforced or appealed.
In our experience, the 801 visa will generally be granted with the 820 visa if you can sufficiently establish your long-term relationship with strong documentary evidence.
What to do when Partner Visa 801 Relationship breakdown
There are limited circumstances in which you may be eligible for the 801 visa should your relationship with your spouse or de facto partner break down before it is granted.
This is limited to the following situations:
- you have experienced family violence from your sponsor during the relationship
- if you have a child of the relationship; or
- if your sponsor has died.
Family violence is any conduct, whether actual or threatened, that causes the victim to be fearful or apprehensive about their own wellbeing or safety. It is not limited to physical violence and includes a wide range of behaviour. You can only rely on the family violence provisions once the relationship with your sponsor has ceased and you need not wait for the 2 year period to lapse since the lodgement of the 820 visa to be granted the 801 visa.
If you have joint access or joint custody in relation to a child of both you and the sponsor, then you may still be eligible for the 801 visa. Generally, providing a birth certificate showing both you and the sponsor as parents will satisfy this requirement. If your sponsor has died, you must show that the relationship would have continued had the sponsor not died, and that you have developed close business, cultural, or personal ties with Australia.
Social Security Payments for Partner Visa
Most migrants do not have access to the majority of payments for up to four years after obtaining permanent residency under the Newly Arrived Resident’s Waiting Period (NARWP). The waiting period rules apply to those granted a permanent visa on or after 01 January 2019 and do not apply equally to all payment types. In accordance with the new rules, the following waiting periods apply to those granted their permanent residency on or after 01 January 2019:
- A four-year waiting period applies to most working age payments.
- A two-year waiting period applies to Parental Leave Pay, Dad and Partner Pay and Carer Payment.
- A one-year waiting period applies to Carer Allowance and Family Tax Benefit Part A.
- There is no waiting period for Family Tax Benefit Part B.
Those granted a permanent visa before 1 January 2019 are subject to the old rules. For more information on social security payments.
When Partner Visa 801 Relationship breakdown
The 801 visa is the final and permanent stage for partners of Australian citizens or Australian permanent residents and provides a direct pathway to citizenship. No Borders Law Group has been successful in having many 801 visas granted immediately with the provisional 820 visa, saving applicants both time and money. Contact us today and speak with one of our migration lawyers to arrange a free initial consultation.
801 Spouse Visa Processing Times
The current average processing time for the subclass 801 visa is between 22 and 26 months (based on 75-90% of applications lodged).
Note that this is approximate only and is subject to change. How long your application takes to process will also depend on your individual circumstances.
Need help with getting Australian Visas?
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We will help you by exploring visa options and securing application. As part of our services, we will assess the eligibility of the application for a partner visa and help you to get out of the abusive relationship and provide you with detailed advice on your chances of success. If you would like to discuss your visa options and evaluate the pathway to permanent residency, please make an enquiry or book a consultation to get expert advice with one of our knowledgeable and experienced Migration Lawyers on 07 3876 4000 or email: [email protected].