The Subclass 801 Permanent Partner Visa represents the second and final step of the onshore Partner Visa process, offering permanent residency to eligible partners of an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. Securing this visa allows you to live in Australia permanently.
On average, Subclass 801 visa processing times range from approximately 6 to 12 months, though individual timelines can vary based on relationship evidence, compliance history, and case complexity. By preparing comprehensive documentation and promptly responding to requests from the Department of Home Affairs (DHA), applicants can help ensure a smoother transition from temporary to permanent residency.
Understanding the Australian Partner Visa Pathway
For most couples, the Australian Partner Visa application process is a two-stage process:
- Temporary Partner Visa (Subclass 820): This is the first stage which grants onshore temporary residence, allowing you to work and study in Australia while the permanent partner visa application is assessed.
- Permanent Partner Visa (Subclass 801): This confirms your ongoing eligibility and grants permanent resident status in Australia.
The 801 Partner Visa assessment focuses primarily on verifying the genuine and ongoing relationship and compliance with visa conditions since the Subclass 820 was granted. Applicants need to provide updated evidence two years after the initial partner visa application.
Typical Subclass 801 Partner Visa Processing Times
While DHA timeframes can fluctuate, the following provides a general guide for the partner visa processing time:
- Average processing time: Around 6 to 12 months after the eligibility date is met for the permanent stage assessment.
- Eligibility window: Applicants are generally eligible to be assessed for the 801 visa two years from the date of lodging the combined 820/801 partner visa application.
However, actual processing time can differ based on the completeness of evidence, responsiveness to DHA communications, and individual circumstances and background checks. It is not uncommon for processing time to extend beyond this average.
Key Factors Influencing Subclass 801 Visa Processing Times
Several factors can impact how long it takes for the Department of Home Affairs to finalise a Subclass 801 visa application:
Relationship Evidence and Ongoing Commitment
The DHA will assess the genuine and continuing relationship. Applicants should provide strong evidence and extensive documentation that demonstrates a shared life and mutual commitment over the two-year period, such as:
- Joint bank account statements and other financial documents showing shared financial responsibility.
- Evidence of cohabitation (lease agreements or utility bills).
- New evidence such as correspondence, travel records, and social evidence showing the ongoing nature of the relationship and how it is known to friends and family members.
- Statements outlining the history and future plans together, proving a genuine and continuing relationship.
Failure to provide proof or insufficient evidence will certainly delay processing.
Compliance with Subclass 820 Visa Conditions
Any breaches of visa conditions during the temporary stage, such as unauthorised work, overstaying, or failing to notify changes of circumstances, can delay processing or even jeopardise the permanent visa outcome. Maintaining full compliance is non-negotiable.
Health and Character Requirements
Applicants and included family members must meet Australian health and character requirements. Delays in organising medical examination or obtaining a police certificate (or police checks) from relevant countries can significantly slow down the visa processing. Criminal history must be fully disclosed and will be assessed.
Case Complexity and Specific Circumstances
Applications involving a dependent child, previous visa refusals (or previous visa refusals), or complicated relationship histories may require additional scrutiny by Home Affairs case officers, extending overall processing time. Legal complexities are best handled with professional guidance. Offshore applicants who apply for the equivalent Subclass 309/100 partner visa also follow a two-stage process. You might be wondering if the prospective marriage visa (Subclass 300) follows the same path; it is related but has its own distinct requirements.
DHA Requests for Further Information (RFI)
If the Department requests further information or clarification, the clock effectively pauses until a response is provided. Prompt and complete replies are crucial to avoid unnecessary delays and move your application closer to a final decision.
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How to Ensure a Smooth Transition to Your Permanent Partner Visa
A well-prepared 801 application can help minimise processing time and stress. At Australian Migration Agents, we recommend the following steps:
- Maintain Ongoing Evidence: Continue collecting relationship evidence throughout the Subclass 820 temporary visa period. Maintain records of shared finances, joint living arrangements, and social activities. Provide documents that illustrate your shared life and commitment to live in Australia together.
- Comply with All Visa Conditions: Ensure full compliance with your Subclass 820 visa, including work, study, and reporting obligations. Non-compliance can raise concerns during your second stage processing assessment.
- Respond Promptly to Home Affairs Requests: If contacted by the Department for additional documents or clarification, respond quickly and thoroughly to prevent avoidable delays.
- Seek Professional Assistance: Partner visa cases can be complex and emotionally significant. Australian Migration Agents provide expert legal support to ensure your application is accurate, well-documented, and decision-ready. Professional oversight can also reduce the likelihood of unnecessary DHA requests or complications. This depends on your situation, but for most applicants, expert help is invaluable.
Frequently Asked Questions (FAQ)
Q1. When can I apply for the Subclass 801 Permanent Partner Visa?
You are generally assessed for the permanent partner visa subclass 801 after holding the Subclass 820 visa for at least two years, provided all eligibility criteria are met and your relationship remains genuine and ongoing.
Q2. Will I need to attend an interview for my 801 visa?
Interviews are not routinely required, but the DHA may request one if additional verification of the relationship or relationship status is needed.
Q3. Can my children be included in my Subclass 801 application?
Yes. A dependent child can be included, provided they meet all applicable health and character requirements.
Q4. What happens if my relationship changes during the temporary visa period?
Changes such as separation or divorce can affect eligibility for the Subclass 801 visa. The DHA will assess your family situation and individual circumstances, including whether exceptions apply (e.g., in cases involving a dependent child or family violence or domestic violence). If the relationship ends or a relationship breaks down, you should seek legal advice immediately.
Q5. What are the benefits of the permanent partner visa?
A permanent partner visa holder can live permanently in Australia, access Medicare, work and study without restriction, and travel in and out of the country for the first five years before needing a Resident Return Visa. You are on the path to Australian citizenship.
Expert Legal Guidance for Partner Visa Applicants
Transitioning from a Subclass 820 to a Subclass 801 visa is a major milestone toward permanent residency in Australia. Each case is unique, and professional advice can make a significant difference in both accuracy and timing. From our experience, having extensive experience in this complex area is key to maximising your prospects.
At Australian Migration Agents, we provide comprehensive assistance throughout every partner visa stage—from gathering relationship evidence for your initial application to responding to Home Affairs requests and finalising your permanent residency status. Do not let avoidable errors delay processing or risk a negative outcome.
Contact Australian Migration Agents today for tailored advice and support with your 820 and 801 Partner Visa application. This does not constitute legal advice, but it is the first step toward getting the expertise you need.
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