If you’re overwhelmed with your visa application, here’s a permanent partner visa checklist to guide you throughout the process.
Australia is a beautiful country with much to offer, from stunning beaches to vibrant cities. But what if you want to share this fantastic country with your partner, who lives overseas?
If you’re in a de facto or married relationship with an Australian citizen or permanent resident, you may be eligible for a partner visa. This visa will allow your partner to live and work in Australia permanently.
The application process for a partner visa can be complex, but it’s worth it to be able to live with your loved one in Australia.
Permanent Partner Visa Checklist
Here’s a permanent partner visa checklist for easy reference:
Visa Requirements
- You must hold a temporary Partner Visa (subclass 820) or a Dependent Child (subclass 445) visa. To be eligible for a subclass 801 Partner Visa, two (2) years must have passed since you applied for either of the two visas above.
- You must hold a substantive visa (generally any visa excluding a bridging visa) or meet additional requirements in accordance with Schedule 3 criteria.
Relationship Requirements
- You must continue to have a relationship with the person who sponsored you for the temporary Partner Visa. Thus, you must:
- be married or in a de facto relationship with an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.
- have a genuine and continuing relationship
- live together, or not live permanently separately and apart
- be mutually committed to a shared lif, excluding other partners.
Documentary Requirements
- You must make sure that you have all these documents before you apply for this visa:
- Personal documents
- Passport
- Biodata
- Original birth certificate
- Australian police certificate if you have spent 12 months or more in Australia in the last 10 years since you turned 16.
- Overseas police certificate from every country, including your home country, where you spent a total of 12 months or more in the last 10 years since you turned 16.
- Military service records or discharge papers if you served in the armed forces of any country.
- Form 80 Personal particulars for assessment including character assessment.
Relationship Documents
You must provide documentary requirements to prove your relationship:
- Commonwealth statutory declaration form.
- If married, provide your marriage certificate or other evidence that your marriage is valid in Australia.
- If you have a de facto partner, provide proof of your de facto relationship.
- Evidence that you are still in a relationship with your partner. This must show that you have a mutual commitment with your spouse or de facto partner to the exclusion of all others, your relationship is genuine and continuing, you live together or don’t live permanently apart.
Examples of Supporting Evidence of Your Relationship
Here’s a permanent partner visa checklist for documents that may be able to provide support to the continuing existence of your relationship:
- joint mortgage or lease documents
- joint loan documents for major assets like homes, cars or major appliances
- joint financial commitments like a joint bank account
- household bills in both names
- a statement about how you share housework
- household bills in both names
- mail or emails addressed to you both
- documents that show joint responsibility for children
- documents that prove your living arrangements
- statements (form 88) from two witnesses to show that other people know about your relationship
- joint invitations or evidence you go out together
- proof you have friends in common
- proof you have told government, public, or commercial bodies about your relationship
- proof you do joint sporting, cultural, or social activities together
- proof you travel together
- terms of your Wills, if any.
FAQs About the Permanent Partner Visa (Subclass 801)
Now that the permanent partner visa checklist simplifies the requirements, here are some frequently asked questions about this type of visa.
1) How much does this visa cost?
You already paid for your visa when you apply for the temporary and permanent visa. The temporary partner visa costs AUD8,850.00 for most applicants (as of September 2023).
2) How long does it take to process a subclass 801 visa application?
The processing time for a subclass 801 visa application in Australia varies depending on individual circumstances and the Department of Home Affairs’ priorities. To guide you in determining the processing time, here’s a visa processing time tool to check.
3) What is the difference between subclass 820 and subclass 801 visa?
The subclass 820 and subclass 801 visas are two stages of a partner visa application process in Australia. The Subclass 820 Visa is a temporary partner visa that allows the visa applicant to live in Australia with their partner.
Subclass 801 Visa, on the other hand, is a permanent partner visa that allows the applicant to live in Australia with their partner indefinitely.
Both visas are applied for simultaneously, but processing is done in two stages. The processing of subclass 801 visa will only commence after at least 2 years have passed since the date of the last subclass 820/801 partner visa application to ensure that the partners are in a genuine and committed long-term relationship.
4) Can I include family members in a subclass 801 visa application?
You can include a Dependent Child Visa (subclass 445) in your application for the temporary Partner visa (subclass 820) if you have dependent children. However, you cannot add any family members after your permanent Partner visa (subclass 801) is granted.
You must complete Form 1002 and attach it to your ImmiAccount during your application.
5) What happens if I leave Australia while my subclass 801 visa application is being processed?
If an applicant leaves Australia while their Subclass 801 visa application is being processed, they can still leave and return to Australia while their Subclass 820 visa is current.
However, it is recommended that they apply for a Bridging Visa B (BVB) before departing Australia to avoid any issues that may arise if their Subclass 801 visa application is refused while they are overseas.
Need Support With Temporary and Permanent Partner Visas?
If you need assistance with the requirements of your permanent partner visa or application for any other type of Australian visas, our migration lawyers at JB Solicitors are ready to support you in your journey.
Visa applications can be overwhelming due to the bulk of documentary requirements. However, getting legal support will allow you to go through it with clarity and peace of mind. Our support can help conduct a proper and legal permanent partner visa assessment for you and your partner.
Contact us today if you have any questions about the permanent partner visa checklist above.
