Please note that the information we provide in this article about visa 801 checklist is current as of the date of publication, and the DHA regularly updates rules and regulations. Kindly ensure that you check the official updates before making any decisions or speak with an immigration lawyer for the most up-to-date information, as laws and conditions are subject to change.
For those seeking to call Australia home with their partner, you’re going to need a Visa 801 checklist. A checklist will help you organise everything, from eligibility requirements to documentary requirements.
The Permanent Partner Visa unlocks a world of possibilities and opens the path for a secure and stable future. For many couples, love transcends borders. But when building a life together involves navigating immigration systems, the road can get complicated.
Beyond allowing you to reside in Australia indefinitely, partner visas hold significance deeper than mere paperwork. It’s a recognition of your commitment to the relationship, offering peace of mind and the freedom to contribute meaningfully to Australian society.
Your Visa 801 Checklist
Please note that the list below are the general requirements from the Department of Home Affairs (DHA). Other requirements pertaining to your specific circumstances may be requested by the DHA. To know more about these requirements, you should seek legal tips from migration attorneys.
Before going through the visa 801 checklist proper, there are important things that you must know about this partner visa application:
- Meeting the “genuine and continuing relationship” requirement is essential. You have to provide compelling evidence that showcases both of your commitment to the partnership.
- Seek professional guidance from immigration lawyers or migration agents.
- Costs involved include application fees, medical checks, and potential agent fees.
- Patience is key. You need to have patience during the processing period because processing times can be lengthy.
- There’s a two-year waiting period. Usually, you can apply for the permanent visa after two years on the temporary visa. However, this period may be waived under certain circumstances (e.g., children in the relationship).
- Your sponsor may need to meet income thresholds to demonstrate their ability to support you.
Visa 801 Checklist: Are You Eligible for this Visa?
- You have a Partner visa (subclass 820) or Dependent Child visa (subclass 445).
- For you to be considered for a permanent visa, two years must have elapsed since your application for the combined 820 and 801 visa. However, you may be able to get your permanent visa in less than two years. This may apply to you if the DHA determines that you were in a committed relationship or if your sponsor already had a valid visa when you applied.
- The individual who sponsored your temporary partner visa must still be your spouse or de facto partner. Thus, you must:
- Be married or in a de facto relationship (provide a marriage certificate if married)
- Have a genuine and ongoing relationship.
- Live together, or not live permanently separately and apart.
- Be mutually committed to a shared life excluding other partners.
Note: If there’s a change in your relationship, you should inform DHA right away. Moreover, the DHA can assist you if you are a victim of family or domestic abuse. To get your permanent visa granted, you can submit an application. Read about domestic and family violence and your visa for more details.
- If you or any of your family members, including those who did not apply for the visa with you, owe money to the Australian government, you or they must have made the repayment or have a repayment plan in place that has been approved.
Visa 801 Checklist: Activities You’re Allowed to Do
This visa entitles you to several benefits. You are allowed to enjoy most, if not all, activities similar to an Australian citizen. Since this is a permanent visa, you will can:
- Stay in Australia as a permanent resident.
- Work and study in Australia.
- Access Medicare (Australia’s public healthcare scheme)
- Sponsor your family members to come to the country. Note that when you apply for the temporary Partner visa (subclass 820), you can add your dependent child in your application. However, once the permanent Partner visa assessment is granted, you are not allowed to add any more family members.
- Travel to and from Australia for five years after the day that DHA grants this visa. You are free to travel to and from Australia as often as you choose as long as this visa’s travel authorisation is still in effect.
- Attend free English language classes provided by the Adult Migrant English Program (if eligible)
- Apply for Australian citizenship (if eligible).
Visa 801 Checklist: Documents You Need to Prepare
These are the documents that a partner visa applicant needs to submit so that the DHA can evaluate your application properly. Preparation is key. That’s why you need to have a personalised visa 801 checklist to make sure that you have all your documents with you when you start your application:
- Provide your most recent passport’s personal details page. Your signature must appear on this page.
- National Police Certificates issued by the Australian Federal Police
- An overseas police certificate from each country—including your own—where you have resided for a minimum of 12 months in the ten years since you became 16.
- Records of military service or discharge documents, if you were a member of any nation’s armed services.
- Complete and attach Form 80 to your application.
- Evidence of your relationship such as a joint bank account, screenshots of messages, plans for the relationship’s progress.
- Commonwealth statutory declaration form.
- If you have dependent children, include their passport, documents that show changes to their situation, and police certificates, if applicable, for dependents 16 years old or older.
- Form 1022, if there are changes in your relationship.
- Form 929, if there’s a change in address or Australian passport details.
- Scan and translate non-English documents.
Speak with a Migration Attorney Today
Your situation might be unique or involve complications. Migration lawyers from JB Solicitors can tailor their advice and strategy to your specific circumstances and, therefore, increases your chances of a successful outcome. Contact us today for a consultation.
