1. What are the eligibility criteria for the Australia Partner Visa 801?

To be eligible for the Australia Partner Visa 801, applicants must meet several criteria:

1. Relationship Requirement: The applicant must be in a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen who sponsors them for the visa.
2. Temporary Partner Visa Requirement: The applicant must hold a temporary Partner Visa subclass 820 at the time of application.
3. Duration of Relationship: The relationship must have been ongoing for at least two years at the time of visa decision if the applicant has been granted a subclass 820 visa.
4. Residency Requirement: The applicant must be in Australia at the time of application and decision on the subclass 801 visa.
5. Health and Character Requirements: The applicant must meet health and character requirements as set by the Australian immigration authorities.
6. Financial Support: The sponsoring partner must meet certain financial requirements to demonstrate their ability to support the applicant during their stay in Australia.
7. Compliance with Australian Laws: Both the applicant and the sponsoring partner must comply with Australian laws and regulations.

Meeting these eligibility criteria is crucial for a successful application for the Australia Partner Visa 801. Applicants should ensure they have all necessary documents and meet all requirements before applying.

2. How long does it take to process the Australia Partner Visa 801 application?

The processing time for an Australia Partner Visa 801 application can vary depending on various factors. On average, it can take around 19 to 24 months for the application to be processed. However, this timeline is just an estimate and actual processing times may differ. Factors that can influence the processing time include the complexity of the case, the volume of applications being processed at the time, and the accuracy and completeness of the submitted documentation. It is important to note that each application is unique, and some may be processed faster or slower than the average processing time. Applicants should regularly check the Department of Home Affairs website for updates on processing times and any changes to the application process.

3. What documents are required for the Australia Partner Visa 801 application?

For the Australia Partner Visa 801 application, several key documents are required to support the visa application. These documents are crucial to establish the genuineness of the relationship between the applicant and their partner. Some of the essential documents include:

1. Identity documents: This includes certified copies of the applicant’s passport, birth certificate, and any other identification papers.

2. Relationship evidence: This may include joint bank statements, utility bills, rental agreements, or any other documents showing shared financial responsibilities.

3. Proof of cohabitation: Documents such as joint lease agreements, property ownership documents, or letters from friends and family confirming shared living arrangements can be submitted.

4. Statutory declarations: Both partners are required to provide statutory declarations outlining details of their relationship, history, and future plans.

5. Evidence of commitment: This can include photographs together, travel itineraries, communication records, or receipts from shared activities.

6. Health and character documents: Medical assessments and police clearance certificates are necessary for all applicants.

Submitting a comprehensive set of supporting documents is crucial to a successful Partner Visa 801 application, as this helps demonstrate the genuine and ongoing nature of the relationship between the partners.

4. Can I include my children in the Australia Partner Visa 801 application?

Yes, you can include your dependent children in your Australia Partner Visa 801 application. To do so, you must ensure that you list all your dependent children in the application form and provide all the required documentation and information for each child. Additionally, you must be able to demonstrate that you have legal custody or permission to bring the children to Australia, and that you can support them financially. It is important to note that each child must meet the health and character requirements set by the Department of Home Affairs. Failure to include all eligible dependent children in your application may lead to complications in the visa process.

5. Is there a minimum age requirement for the sponsor in the Australia Partner Visa 801 application?

Yes, there is a minimum age requirement for the sponsor in the Australia Partner Visa 801 application. The sponsor must be at least 18 years of age at the time of lodging the visa application. This requirement is in place to ensure that the sponsor is legally capable of fulfilling their responsibilities and obligations towards their partner and the visa application process. It is important for the sponsor to meet this minimum age requirement to proceed with the visa application process successfully.

6. What is the difference between the Australia Partner Visa 820 and the Partner Visa 801?

The Australia Partner Visa 820 and Partner Visa 801 are both part of the same visa application process for partners of Australian citizens, Australian permanent residents, or eligible New Zealand citizens. The main difference between the two visas lies in the timing of when they are granted. The Partner Visa 820 is a temporary visa that allows the applicant to live in Australia with their partner while their permanent Partner Visa 801 application is being processed. Once the two-year waiting period is completed and the relationship is still genuine, the Partner Visa 801 is granted, providing permanent residency in Australia. This means that the main distinction between the two visas is the temporary nature of the Partner Visa 820, which precedes the granting of the permanent Partner Visa 801.

7. Can I work in Australia on a Partner Visa 801?

Yes, once you have been granted a Partner Visa subclass 801 and you are in Australia, you are able to work without any restrictions. The Partner Visa 801 allows the visa holder to live, study, and work in Australia on a permanent basis. This visa is designed for individuals who are in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. It provides the visa holder with the opportunity to contribute to the Australian economy through employment. It is important to note that before the grant of the Partner Visa 801, the visa holder would have held the temporary Partner Visa subclass 820 which has work conditions attached to it. However, once you have transitioned to the subclass 801 visa, you are free to work in Australia without any limitations.

8. Can I study in Australia on a Partner Visa 801?

Yes, you can study in Australia on a Partner Visa 801. As a holder of this visa, you have the right to live, work, and study in Australia on a permanent basis. Here are some key points to consider if you plan to study in Australia on a Partner Visa 801:

1. Visa Entitlements: The Partner Visa 801 allows you to access various benefits, including the ability to enroll in educational courses in Australia.

2. Study Requirements: While studying on a Partner Visa 801, you must comply with the conditions of your visa, including meeting any study requirements set by the educational institution you plan to attend.

3. Work Rights: In addition to studying, you can also work in Australia on a Partner Visa 801, which can help support your studies and living expenses.

4. Health Insurance: It is essential to maintain adequate health insurance coverage while studying in Australia to meet visa requirements and access healthcare services.

5. Further Advancement: Studying in Australia on a Partner Visa 801 can also open up opportunities for further education or career advancement in the country.

Overall, studying in Australia on a Partner Visa 801 is permitted and can be a rewarding experience both academically and personally. It is vital to understand and adhere to the visa conditions to ensure a smooth and successful study experience in Australia.

9. What are the financial requirements for the Australia Partner Visa 801 application?

The financial requirements for the Australia Partner Visa 801 application involve demonstrating that the sponsoring partner can provide adequate financial support to the applicant and any dependents included in the visa application. This includes showing proof of stable and regular income to ensure that the couple can support themselves without needing to rely on government assistance in Australia. Additionally, the sponsoring partner may need to meet the minimum income threshold set by the Australian government to prove they can financially support the applicant. It’s important to provide supporting documents such as payslips, tax returns, employment contracts, and bank statements to showcase financial stability. Ensuring that all financial documentation is accurate and up to date is crucial for a successful visa application process.

10. Can I apply for a Australia Partner Visa 801 if I am in Australia on a different visa?

Yes, you can apply for an Australia Partner Visa 801 if you are in Australia on a different visa. To be eligible to apply for a Partner Visa 801 while in Australia on another visa, you must be the holder of a temporary visa that allows you to stay in Australia legally at the time of lodging your application. Generally, you must hold either a temporary partner visa (subclass 820) or another substantive visa. It is crucial to meet all the eligibility criteria and requirements for the Partner Visa 801 application, including being in a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. It is advisable to seek guidance from a migration agent or consultant to ensure you meet all the necessary conditions and submit a strong application to increase your chances of a successful outcome.

11. Can I travel in and out of Australia on a Partner Visa 801?

Yes, you can travel in and out of Australia on a Partner Visa 801. This visa allows you to travel freely to and from Australia as many times as you want while your visa is valid. However, there are some important factors to consider:

1. Be aware of the travel conditions: Ensure that you meet all the travel conditions attached to your Partner Visa 801. If you do not meet these conditions, your visa may be cancelled.
2. Keep your visa valid: Make sure that your Partner Visa 801 remains valid throughout your travels. It’s crucial to adhere to the visa conditions and ensure it is still in effect when you plan to re-enter Australia.
3. Inform the Department of Home Affairs: If you plan to travel outside of Australia for an extended period, it’s advisable to inform the Department of Home Affairs to avoid any issues upon your return.
4. Consult with an immigration expert: If you have specific concerns or questions regarding traveling on a Partner Visa 801, it’s recommended to consult with an immigration expert or legal professional for personalized advice tailored to your situation.

12. Can I apply for Australian citizenship through the Partner Visa 801?

No, you cannot apply for Australian citizenship through the Partner Visa subclass 801. The Partner Visa 801 is a permanent visa that allows the partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia. This visa grants the holder the right to stay in Australia indefinitely, work and study in Australia, enroll in Australia’s public healthcare scheme, and sponsor eligible relatives for permanent residence. However, the Partner Visa 801 does not automatically grant Australian citizenship. To be eligible for Australian citizenship, you would need to meet certain criteria including residency requirements, language proficiency, and passing a citizenship test.

13. Can I sponsor my partner for a Partner Visa 801 if I am not an Australian citizen?

Yes, you can sponsor your partner for a Partner Visa 801 even if you are not an Australian citizen, as long as you are either an Australian permanent resident or an eligible New Zealand citizen. To sponsor your partner for this visa, you must be able to provide evidence of your relationship with your partner, demonstrate your commitment to each other, and meet the financial requirements set by the Australian government. Additionally, you must be willing to provide support and assistance to your partner during their stay in Australia. It’s essential to carefully review the specific eligibility criteria and requirements for sponsorship to ensure that you meet all the necessary conditions before applying.

14. What happens if my relationship breaks down before the Partner Visa 801 is granted?

If your relationship breaks down before the Partner Visa 801 is granted, it is important to inform the Department of Home Affairs immediately. The process for a Partner Visa involves a two-stage application – first, the temporary Partner Visa 820 is granted, followed by the permanent Partner Visa 801 after a waiting period. If the relationship breaks down during this period, your eligibility for the permanent visa may be affected. Here’s what may happen:
1. The Department of Home Affairs will review your case and may request further information or evidence to assess the breakdown of your relationship.
2. You may be required to attend an interview to discuss the circumstances surrounding the relationship breakdown.
3. Depending on the specific details of your case, the Department may grant or refuse the permanent Partner Visa 801.
It’s crucial to seek legal advice and support during this time to understand your rights and options in the visa process.

15. Can I include a de facto partner in the Australia Partner Visa 801 application?

Yes, you can include a de facto partner in the Australia Partner Visa 801 application. To be eligible as a de facto partner, you must meet certain criteria outlined by the Department of Home Affairs, which include:

1. Both you and your partner must be at least 18 years old.
2. You must have been in a genuine and ongoing de facto relationship for at least 12 months before applying.
3. You must be able to provide evidence of shared financial commitments, household arrangements, social aspects of the relationship, and the nature of your commitment to each other.

It is important to provide thorough documentation to support your claim as a de facto couple when applying for the Partner Visa 801. Additionally, seeking guidance from a migration agent or lawyer experienced in partner visa applications can help ensure your application is comprehensive and meets all requirements.

16. Do I need to provide evidence of a genuine and continuing relationship for the Partner Visa 801?

Yes, providing evidence of a genuine and continuing relationship is a crucial requirement for the Australia Partner Visa 801 application. The Department of Home Affairs assesses the nature of your relationship to ensure that it meets the criteria for a genuine and lasting partnership. You will need to submit a wide range of documents to demonstrate the authenticity of your relationship, which may include but are not limited to:

1. Personal statements detailing the history of your relationship, how you met, and future plans together.
2. Evidence of cohabitation, such as joint household bills or rental agreements.
3. Financial aspects, such as joint bank accounts or shared liabilities.
4. Social aspects, such as joint invitations, photos of shared experiences, and testimonies from family and friends.
5. Legal documents, like marriage certificates or evidence of registering your relationship if applicable.

It is essential to provide thorough and convincing evidence to support your Partner Visa application and increase the likelihood of a successful outcome.

17. Can I apply for a Australia Partner Visa 801 if my partner has a criminal record?

Yes, you can still apply for an Australia Partner Visa 801 even if your partner has a criminal record. However, the visa application process may be impacted by their criminal history. The Australian Department of Home Affairs assesses each visa application on a case-by-case basis, taking into consideration various factors including the nature and severity of the offense, the length of time since the offense was committed, any rehabilitation efforts, and the potential risk to the Australian community.

If your partner has a criminal record, it is essential to provide full and accurate details of the offense(s) in the visa application. Additionally, you may be required to submit additional information or documents to support the application, such as character references, police clearances, or evidence of rehabilitation efforts.

It’s important to note that having a criminal record does not automatically disqualify your partner from being granted a Partner Visa 801. However, it may impact the assessment process and could potentially result in additional scrutiny or a longer processing time. It is advisable to seek guidance from a migration agent or legal professional with experience in Partner Visa applications to ensure that all relevant information is provided and that the application is presented in the best possible light.

18. What is the processing fee for the Australia Partner Visa 801 application?

The processing fee for the Australia Partner Visa 801 application as of October 2021 is AUD $7,715 for most applicants. This fee is subject to change and should be verified on the official website of the Department of Home Affairs. It is important to note that additional charges may apply depending on individual circumstances or if there are dependent family members included in the application. The fee covers the processing costs associated with assessing the visa application and does not guarantee a successful outcome. It is crucial to ensure all requirements are met and documentation is complete to avoid any delays or complications in the processing of the visa application.

19. What are the conditions attached to the Australia Partner Visa 801?

The Australia Partner Visa 801 has several conditions attached to it to ensure compliance with Australian immigration regulations and to maintain the integrity of the visa program. Some of the key conditions include:

1. Relationship Status: The visa holder must continue to be in a genuine and ongoing relationship with their Australian partner.
2. Residence Requirement: The visa holder must live with their partner in Australia or intend to live with them if they are overseas.
3. Notification of Changes: The visa holder must notify the Department of Home Affairs of any changes in their circumstances, such as a change in address or relationship status.
4. Work and Study Rights: The visa holder has the right to work and study in Australia.
5. Health and Character Requirements: The visa holder must continue to meet the health and character requirements set by the Australian government.

Failure to comply with these conditions may result in the visa being cancelled or future visa applications being adversely affected. It is essential for visa holders to stay informed about their responsibilities and obligations to ensure ongoing compliance with the conditions of the Australia Partner Visa 801.

20. Can I apply for permanent residency through the Australia Partner Visa 801?

Yes, you can apply for permanent residency through the Australia Partner Visa 801. This visa is the second stage of the partner visa process for individuals who are in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. To be eligible for the 801 visa, you must first have been granted the temporary Partner Visa 820 and have remained in a genuine relationship with your partner for at least two years. Once you meet this requirement, and other visa criteria are satisfied, you can apply for the Partner Visa 801, which grants you permanent residency in Australia. It’s important to note that this visa pathway is a popular option for individuals seeking to settle in Australia with their partner.