Subclass 801 Permanent Partner or Permanent Partner Class BS Subclass 801 visa: When to apply
You must hold a temporary Partner Class UK Subclass 820 visa (click here to learn more) to be able to apply for a Subclass 801 Permanent Partner visa, and you must continue to be sponsored by your partner (spouse or de facto partner).
The Department of Immigration (Department of Home Affairs) will usually invite you to apply for your Subclass 801 Permanent Partner visa 2 years after your temporary Partner subclass 820 visa application was made.
Invited to apply for second stage permanent visa
In some cases, for example, you have been in a long-term relationship of more than 3 years before you lodged your temporary Partner subclass 820 visa application or you have a child (not a step-child) with your partner 2 years before you lodged your temporary Partner subclass 820 visa, the Department of Immigration may grant you the Permanent Partner Visa immediately after granting you a temporary Partner subclass 820 visa.
If you have applied for, but not granted, temporary Partner subclass 820 visa, or you have been granted your temporary Partner subclass 820 but has not applied for Subclass 801 Permanent Partner Visa, and your partner died, the Department of Immigration may still grant you a Permanent Partner Visa if you have not re-partnered. Furthermore, the Department of Immigration must be satisfied that your relationship with your partner is genuine and ongoing before your partner’s death.
If your relationship has broken down because of family violence or domestic violence caused by your partner to you or a member of your family, the Department of Immigration may still grant you a Subclass 801 Permanent Partner Visa. The family violence must have occurred during your relationship and can continue after your relationship has broken down. You will be required to provide evidence that you have suffered family violence caused by your partner (click here to learn more).
Family violence can be in a number of forms and it does not necessary or always involve physical violence (click here to learn more).
A child from the relationship
If before you are granted a Permanent Partner visa and your relationship was broken down, and you did not suffer any family violence, but you have a child with your partner, you may still be granted the Permanent Partner 801 visa. However, the Family Law Court must grant you custody or access rights over your child even if your Australian partner has custody or access rights or has a maintenance obligations.
In addition to the above situations, the Department of Immigration still grant you a Permanent Partner visa, if you formally request the Minister to exercise his ministerial power to grant you a temporary Partner 820 visa or permanent Partner 801 visa even if you have not applied for one. However, the Minister will only exercise this power as a last resort.
You can only apply for the Permanent Partner visa if you are in Australia.
Cannot apply if
You may not be able to apply for a Subclass 801 Permanent Partner visa if you are prevented by section 48 (click here to learn more), that is, you have a visa application refused or visa cancelled while in Australia or had a partner visa application refused and you hold a Bridging Visa B to depart and re-enter Australia to apply for your permanent Partner visa. You cannot use a Bridging B to leave Australia and lodged the visa application while you are offshore and return to Australia, this is because you are still taken to have been in Australia (in the migration zone) even though you departed Australia to lodge the application.
Including family members
You can include members of your family unit, for example, dependent children who are under 23, but may include over 23 dependents who are incapacitated to work due to total or partial loss of bodily or mental functions, in a combined application for Subclass 801 Permanent Partner visa. Your children must be for a substantial period wholly or substantially reliant on you for financial support to meet their basic needs for foods, clothing and shelter. In addition, their reliant must be greater on you than any other person or source of support.
If members of your family did not lodge a combined application with you, they cannot on their own apply for Subclass 801 Permanent Partner visa nor can be added after you have been granted the permanent Partner visa. However, exception applies to newborn child, but they do not need to apply for an Australian visa as they acquired Australian citizenship by birth or by descent.
There are a few situations where a child may be able to successfully apply for Subclass 801 Permanent Partner visa if:
- they are in Australia;
- they are a member of your family unit;
- you arrived in Australia as a holder of a Prospective Marriage Subclass 300 visa (click here to learn more); and
- your Subclass 801 Permanent Partner visa has not been finalised.
In the above situation, your child could apply for a Dependent Child Subclass 445 visa (click here to learn more).
You must be in Australia when applying for Subclass 801 Permanent Partner visa, but you can be outside Australia when this visa is granted.
Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) to help you apply for this visa (click here to find out how an immigration lawyer or registered migration agent can help you). You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.
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This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.