The 801 visa checklist in Australia is relevant for partner visas. The subclass 801 visa is a permanent partner visa in Australia. In this article, we provide an 801 visa checklist that includes important documents to gather, and steps to consider when making a partner visa application.
What Is the 801 Visa in Australia?
This is an important partner visa. Note that it is usually for those who hold the Subclass 820 visa that is a temporary partner visa. Parties make an application for this together with the 820 temporary visa. In other words, it is a combined application.
So, those who are looking to apply for an 801 visa generally hold a Temporary Partner Visa (Subclass 820). As it is a combined application, generally a party who has a temporary 820 visa obtains the permanent visa after a certain period of time. Moreover, a child of that applicant may hold a Dependent Child Visa (Subclass 445) until their parent’s permanent partner visa is being processed.
Eligibility for the Permanent Partner Visa
Before you start looking into the 801 visa checklist and making an application, you must first check if you are eligible for this permanent Australian partner visa. Given below are some points to consider to determine your eligibility for the 801 visa.
- Age Requirement: You must be 18 years of age or older, with exceptions applicable if you are married.
- Relationship Status: You should be in a married or de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Sponsor’s Age: Your sponsor must be 18 years of age or older, with exceptions applicable if you are married.
- Sponsorship: You must be sponsored by your Australian partner, except in specific circumstances where a person is prohibited from being a sponsor. For instance, if your partner is below 18 years old, their parent or guardian should act as the sponsor.
- Character Requirement: Your sponsor must meet the specified ‘character’ requirement and provide relevant police clearances as evidence.
- Visa Status: You should hold a substantive visa which typically excludes a bridging visa. Alternatively, you must fulfil additional requirements as per the Schedule 3 criteria.
- Health and Character Requirements: It is essential to meet the health and character requirements as determined by the relevant authorities.
You must also keep documents related to proof of relationship ready. This includes joint bank account, joint credit and debit cards, or joint utility accounts.
801 Partner Visa Application Procedure
As we have explored, the subclass 801 visa is a permanent residency visa for individuals who are already in Australia on a temporary Partner visa (subclass 820).
It allows the applicant to remain in Australia indefinitely with their partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen. Given below is an overview of the application procedure for 801 visa:
- Eligibility Criteria: Before applying, ensure that you meet the following requirements:
- You hold a temporary Partner visa subclass 820.
- You have lived with your partner in a genuine and ongoing relationship for at least two years since applying for the subclass 820 visa.
- You meet health and character requirements.
- Your relationship with your partner still exists and is genuine.
- You and your partner continue to live together or have made arrangements to live together permanently.
- Gather Required Documents: Collect all the necessary documents to support your application. These may include:
- Identity documents (Australian passport, birth certificate, etc.).
- Evidence of your ongoing relationship (joint bank account, shared lease/mortgage, photographs, marriage certificate).
- Financial documents (tax returns, employment contracts, etc.).
- Character documents (police clearances, etc.).
- Health documents (medical examinations, if required).
801 Visa Checklist For the Applicant
Note that you may require more documents depending on individual circumstances.
| Birth Certificate | ☐ |
| Passport | ☐ |
| Proof of name change (if applicable) | ☐ |
| Confirmation of health check booking (view details on IMMI account after submitting application) | ☐ |
| Australian Federal Police Check (view AFP website) | ☐ |
| Police check for any countries lived in in the past 10 years (for more than 12 month) | ☐ |
| Completed forms: Form 80 and Form 1221 | ☐ |
801 Visa Checklist for the Sponsor
The table below provides a checklist of documents and requirements for sponsors of this partner visa. They are generally Australian permanent resident, Australian citizen or eligible New Zealand citizen.
Note that you may require more documents depending on individual circumstances.
| Birth Certificate | ☐ |
| Passport | ☐ |
| Proof of name change (if applicable) | ☐ |
| Evidence of Australian permanent residency or citizenship (an Australian passport/ birth certificate) | ☐ |
| Australian Federal Police check | ☐ |
| Police check for any countries lived in in the past 10 years (for more than 12 month) | ☐ |
| Details of current employment including recent payslips, employment contract and statement of employment or letter from the employer. | ☐ |
Importance of Seeking Legal Advice from Sydney Migration Lawyers
For more information on this, do not hesitate to contact our team of award-winning solicitors. Our Sydney-based migration lawyers have the experience of dealing with a variety of cases.
Whether you are seeking the assistance of lawyers for visa applications or appeals, you may consider contacting our solicitors today. If you wish to go over a permanent partner visa assessment, call our team.
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