1. What is an Onshore Permanent Partner Visa 801?

An Onshore Permanent Partner Visa 801 is a visa for individuals who are living in Australia on a Temporary Partner Visa (subclass 820) and have been in a genuine and ongoing relationship with their partner for at least two years. This visa allows the applicant to stay in Australia permanently with their partner. It is also known as the Permanent Partner (Residence) visa.

2. Who is eligible for an Onshore Permanent Partner Visa 801?

The following individuals may be eligible for an Onshore Permanent Partner Visa 801:

1. Applicants who are married to an Australian citizen or permanent resident.
2. Applicants in a de facto relationship with an Australian citizen or permanent resident for at least 12 months.
3. Same-sex partners of Australian citizens or permanent residents, whether married or in a de facto relationship.
4. Former spouses or de facto partners of deceased Australian citizens or permanent residents who have continued the relationship after the death of their partner.
5. Interdependent partners (either same-sex or opposite-sex) of Australian citizens or permanent residents, where both partners have a mutual commitment to share their lives together on a long-term basis and are not related by family.

Note: There may be additional requirements for each category, such as proving genuine and ongoing relationship, meeting health and character requirements, and providing evidence of financial support from the sponsor. It is recommended to consult with a migration agent for specific eligibility criteria.

3. What is the processing time for an Onshore Permanent Partner Visa 801?

The processing time for an Onshore Permanent Partner Visa 801 can vary depending on individual circumstances and factors such as the completeness of application and the level of demand at the time. At present, the estimated processing times for this visa range from approximately 20-25 months. It is important to note that these processing times are subject to change and may differ for each applicant.

4. Can I apply for an Onshore Permanent Partner Visa 801 while in Australia on a temporary visa?

Yes, you can apply for the Onshore Permanent Partner Visa (subclass 801) while you are in Australia on a temporary visa. However, you must meet the eligibility requirements for the subclass 801 visa, which include being in a genuine and continuing relationship with your partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen. You must also continue to meet all requirements of your current visa until a decision is made on your subclass 801 application.

5. Can I work in Australia while waiting for my Onshore Permanent Partner Visa 801 application to be processed?

Yes, you can work in Australia while waiting for your Onshore Permanent Partner Visa 801 application to be processed. As an applicant for the 801 visa, you are eligible to apply for a Bridging Visa A (BVA) or a Bridging Visa B (BVB). Both of these visas allow you to work legally in Australia while your permanent partner visa application is being processed. However, please note that you must already hold a valid visa at the time of lodging your 801 application in order to be eligible for a BVA or BVB. If your current visa will expire before your 801 application is processed, you may want to consider applying for another type of bridging visa that will allow you to continue working until a decision is made on your permanent partner visa application. It is always recommended to seek advice from a migration agent or immigration lawyer regarding your specific circumstances and options.

6. Do I need to show proof of my relationship for an Onshore Permanent Partner Visa 801 application?

Yes, you will need to provide evidence of your relationship for an Onshore Permanent Partner Visa 801 application. This can include documents such as joint bank account statements, joint lease or mortgage agreements, joint bills or utility bills showing the same address, photographs together, and other evidence demonstrating a genuine and continuing relationship. You may also need to provide statutory declarations or statements from family and friends who can attest to the validity of your relationship.

7. Will my partner’s previous marriages or relationships affect our Onshore Permanent Partner Visa 801 application?

The short answer is, it depends.

If your partner has been previously married or in a de facto relationship, there are a few factors to consider that may affect your Onshore Permanent Partner Visa 801 application:

1. Sponsorship requirements:
Both the sponsor and the applicant must meet certain requirements to be eligible for the visa. This includes proving that they are in a genuine and ongoing relationship. Previous marriages or relationships can raise red flags and may require additional evidence to prove the legitimacy of your current relationship.

2. Character concerns:
If your partner’s previous marriage or relationship ended due to issues such as domestic violence, fraud, or criminal activity, this may raise character concerns for their sponsorship application. The Department of Home Affairs will carefully assess any history of domestic violence or other serious offences when considering an individual’s character.

3. Financial considerations:
Depending on how long your partner’s previous marriage or de facto relationship lasted, they may have already sponsored a previous spouse for an Australian visa. This could impact their ability to sponsor you, as you need to meet certain financial requirements in order for them to sponsor you for the visa.

4. Emotional challenges:
Previous failed relationships can sometimes have a negative impact on individuals emotionally and this can cause difficulties when trying to prove the genuineness of your current relationship. Counselling and/or support from professionals may be necessary to overcome any emotional challenges that could hinder your application.

Ultimately, if you can demonstrate that your current relationship is genuine and ongoing, and meet all other requirements for the visa, then the fact that one of you has been previously married or in a de facto relationship should not greatly impact your application. However, it is always best to seek professional advice specific to your situation before lodging an Onshore Permanent Partner Visa 801 application.

8. Can same-sex couples apply for an Onshore Permanent Partner Visa 801?

Yes, same-sex couples have the same rights as heterosexual couples when it comes to applying for partner visas. Therefore, they can apply for an Onshore Permanent Partner Visa 801 if they meet the eligibility criteria. This visa allows a person who is in a genuine and ongoing relationship with an Australian citizen, permanent resident or eligible New Zealand citizen to stay in Australia permanently. It does not discriminate based on the gender of the partners involved. Both partners must be over 18 years old and provide evidence that their relationship is genuine and mutually exclusive. If you are in a same-sex relationship and wish to apply for this visa, you can do so by following the regular application process outlined by the Department of Home Affairs.

9. Is there a minimum age requirement to apply for an Onshore Permanent Partner Visa 801?

Yes, the minimum age requirement to apply for an Onshore Permanent Partner Visa 801 is 18 years old. If the applicant is under 18 years old, they must be sponsored by a parent or legal guardian.

10. How much does it cost to apply for an Onshore Permanent Partner Visa 801?

The current application fee for an onshore Subclass 801 Partner Visa is AUD$7,715. This fee may be subject to change and does not include additional costs such as health examinations, police checks, and translations of documents. It is advised to check the official Department of Home Affairs website for the most up-to-date fees. Additional fees may also apply if you use a migration agent or lawyer to assist with your application.

11. Can my child/children be included in my Onshore Permanent Partner Visa 801 application?

Yes, your child/children can be included in your Onshore Permanent Partner Visa 801 application as long as they are eligible dependents. Eligible dependents include children who are unmarried and under the age of 18, or dependent children over the age of 18 if they have a physical or mental disability that prevents them from supporting themselves financially.

It is important to note that all eligible dependents must meet the health and character requirements set by the Department of Home Affairs. Additionally, a separate application must be lodged for each child and they must be included in the sponsorship form submitted by your sponsoring partner.

12. How long do I have to wait before I can apply for Australian citizenship with an Onshore Permanent Partner Visa 801?

Typically, you may apply for Australian citizenship after holding a Permanent Partner Visa 801 for four years. However, there are additional criteria that must be met before you can apply for citizenship, such as residency requirements and meeting the good character requirement. It is best to consult with an immigration lawyer or contact the Department of Home Affairs for specific guidance on your eligibility to apply for citizenship.

13. Do I need health insurance to apply for an Onshore Permanent Partner Visa 801?

Yes, you will need to provide evidence of adequate health insurance coverage for both yourself and your partner before you can apply for an Onshore Permanent Partner Visa 801. This is a requirement set by the Department of Home Affairs to ensure that applicants have access to necessary medical treatment while living in Australia. Without health insurance, your application may be refused.

14. Will I be granted permanent residency immediately with an approved Onshore Permanent Partner Visa 801 application?

No, you will not be granted permanent residency immediately with an approved Onshore Permanent Partner Visa 801 application. You will first be granted a temporary visa (Subclass 820) which is valid for two years. After this, you can apply for the permanent visa (Subclass 801) which will grant you permanent residency if all requirements are met.

15. Can my partner sponsor me if they are not currently living in Australia on a permanent visa or Australian citizenship status?

Yes, a person can sponsor their partner for an Australian visa even if they are not currently living in Australia on a permanent visa or Australian citizenship status. However, the sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen to sponsor their partner. They may also need to demonstrate their intent to reside in Australia once the partner’s visa is granted.

16. What happens if my relationship ends before or during the processing of my onshore permanent partner visa (subclass 819. application?

If your relationship ends before or during the processing of your onshore permanent partner visa application, it is likely that your visa application will be affected. This can vary depending on the specific circumstances of your case.

If you have already been granted a temporary partner visa (subclass 820), but then your relationship ends before you have been granted the permanent partner visa (subclass 801), you may still be able to be considered for the permanent visa if you are able to meet certain eligibility requirements. These requirements include demonstrating that you and your former partner had a genuine and ongoing relationship at the time of separation, and providing evidence to support this.

If you are no longer in a relationship with your sponsor and do not meet the eligibility criteria for consideration of the permanent partner visa, your application for the permanent visa may be refused. You may also face other consequences, such as having conditions placed on any future visas you apply for.

It is important to inform the Department of Home Affairs as soon as possible if your relationship ends during the processing of your onshore permanent partner visa application. They will advise you on what steps need to be taken and what options are available to you.

17. Are there any English language requirements for the applicants of the onshore permanent partner visa?

Yes, all applicants for the onshore permanent partner visa must meet certain English language requirements. This includes providing evidence of functional English by completing one of the following:

– Providing an English language test score equivalent to at least 4.5 on the International English Language Testing System (IELTS)
– Providing evidence of having completed at least five years of full-time study in a secondary or higher education institution where instruction was conducted in English
– Being a citizen of and holding a valid passport from Canada, New Zealand, United States of America, United Kingdom or Republic of Ireland
– Having completed at least one year of full-time employment in Australia where the primary language used was English

18.Can I still travel outside of Australia while waiting for a decision on my onshore permanent partner visa application (subclass 820)?

Yes, you can still travel outside of Australia while waiting for a decision on your onshore permanent partner visa application (subclass 820). However, if you leave Australia before a decision is made on your application, it will be deemed to have been withdrawn and the processing will stop. You will need to re-apply for the visa from offshore.

If you do choose to travel outside of Australia while waiting for a decision on your visa application, it is important to provide updated contact information to the Department of Home Affairs so that they can reach you if needed. It is also important to ensure that you comply with any conditions of your current visa and are able to return to Australia before your visa expires.

Additionally, some countries may require a valid Australian visa in order for you to enter. You should check with the relevant embassy or consulate of the country you are traveling to in order to determine any additional requirements or restrictions for entry.

It is also important to consider any potential impacts on your relationship and evidence submitted with your visa application. If you plan on being away from your partner for an extended period of time, this could affect the strength of your relationship and may impact the outcome of your application. It is always best to discuss any travel plans with your partner and inform the Department of Home Affairs before making any decisions.

19.What are the supporting documents required for an onshore permanent partner visa 801 application?

1. Completed Form 47SP – Application for migration to Australia by a partner.

2. Certified copy of your marriage certificate or proof of de facto relationship such as joint bank accounts, shared lease agreement, etc.

3. If you are not married, evidence of a genuine and ongoing de facto relationship for at least 12 months prior to lodging the application.

4. Proof of identity such as certified copies of passports, birth certificates, or other government-issued identification documents.

5. Police certificates from all countries you have lived in for 12 months or more in the past 10 years since turning 16 years of age.

6. Proof of health insurance cover that meets the minimum requirements set by the Department of Home Affairs.

7. Current passport-sized photographs according to the photo specification given by the Department.

8. Evidence that your sponsor is an Australian citizen, permanent resident or eligible New Zealand citizen.

9. Sponsorship form (Form 40SP) filled by your sponsor with proof of their identity such as birth certificate and other government-issued identification documents.

10. Evidence that you and your partner are living together or have compelling reasons why you should be granted a permanent visa even if you are not living together due to exceptional circumstances

11. If there are any dependent children included in the application, provide their proof of identity along with evidence that they meet health and character requirements.

12. Any changes in circumstances since your last temporary partner visa application was lodged (if applicable).

13.Establishment certifications/ trade qualification documentation (if applicable)

14.Evidence showing Shared finances between partners like joint bank account statements, shared bills or mortgage/lease agreements

15.Proof that any previous relationships have ended (divorce papers, death certificate)

16.Documents providing evidence about your social commitment; this could be like members who attended weddings/partnership ceremonies

17.Statement from both partners Limited joint travel abroad

18.Joint statements from acquaintances, family and friends

19.Evidence on how your relationship has endured dividing, like accommodation since the initial visa application was submitted offshore

20.Declaration of Shared Household Responsibilities wherein both partners have contributed to daily household activities.

21.Proof of exemption from English language requirements for applicants who cannot meet this criterion due to their age or other reasons.

20.Can I apply for another visa while my onshore permanent partner Visa 801 application is being processed?

Yes, you can apply for another visa while your onshore Permanent Partner Visa 801 application is being processed. However, you will need to meet the requirements and criteria for the new visa category you are applying for. It is important to note that any new visa granted will not affect the processing of your Partner Visa application.