Subclass 801 · Partner, family and parent visas · Stream of Partner visas (apply in Australia)
Partner visa (Permanent)
The spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen, applying while in Australia. One application covers two stages: the temporary 820, then the permanent 801 assessed about two years after you lodged.
This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia permanently. It is usually only for people who currently hold a temporary Partner visa (subclass 820).
- Stay
Permanently.
- Government charge
You paid for this visa when you made your applications for the temporary and permanent Partner visas.
- Visa type
Temporary
Official information from the Department of Home Affairs
The material below reproduces English-language information from the Department of Home Affairs about this visa. Requirements may have changed since it was added to this website. Use the source link to check the latest information; I can explain relevant provisions in Vietnamese or English during a consultation.
Reading asFor Applicants
Overview
Stay
Permanently.
Government charge
You paid for this visa when you made your applications for the temporary and permanent Partner visas.
Processing times
Processing times for Partner visa applications vary. Partner visa applicants may experience longer processing times than expected. For an indication of processing times for this visa, use the visa processing time guide tool. This will show the processing times for recently decided applications. It is a guide only and not specific to your application.
The processing time for a permanent Partner visa starts from the date of eligibility. This is two years after you applied for the temporary and permanent Partner visas.
Applications are processed according to Ministerial Direction 117. For more information, see Family visa processing priorities.
You can find the answers to common questions about Partner visa processing times at Partner Visa Frequently Asked Questions (FAQs).
With this visa you can
In addition to what you can do on your subclass 820 visa, you can:
- live, work and study in Australia indefinitely
- sponsor eligible family members to come to Australia
- apply for Australian citizenship, if eligible.
You must
- hold a temporary Partner visa (subclass 820) or Dependent Child visa (subclass 445)
- in most cases, continue to be in a genuine and ongoing relationship with your sponsor.
Help with your visa
If you are getting help with your visa, make sure you read information on Who can help with your visa application.
About this visa
With this visa you can
- live, work and study in Australia
- access Australia's public healthcare scheme, Medicare
- sponsor eligible family members to come to Australia
- travel to and from Australia for 5 years
- if eligible, attend free English language classes provided by the Adult Migrant English Program
- if eligible, apply for Australian citizenship.
How long can you stay
This is a permanent visa.
You become a permanent resident on the day we grant the visa.
Your obligations
You and your family members must meet all visa conditions and obey Australian laws.
Travel on this visa
You can travel to and from Australia as many times as you want for 5 years from the date we grant this visa. This is as long as the travel facility on this visa remains valid.
If you want to travel after the initial 5-year travel facility you will need to apply for and be granted a Resident Return (RRV) so that you can re-enter Australia as a permanent resident.
To see when your travel facility ends, use VEVO.
Include family members
You can include your dependent child in your application when you apply for the temporary Partner visa (subclass 820).
To include a dependent child in your permanent Partner visa (subclass 801) application after we have granted you a subclass 820 visa, your child must first apply for a Dependent child visa (subclass 445).
You cannot add any family members after we grant the permanent Partner visa (subclass 801).
Dependent Child visa (subclass 445) holders
If you have a dependent child who does not hold a subclass 820 visa, you can add them to your permanent Partner visa (subclass 801) application before we make a decision on your permanent visa application.
Your child must hold a Dependent Child visa (subclass 445) and be in Australia.
Once your child holds a subclass 445 visa, complete and attach to your ImmiAccount, Form 1002 - Application by a subclass 445 dependent child for a permanent partner visa.
After you have attached the form to ImmiAccount, let us know by using the Partner Processing Enquiry Form.
Newborn children
If you have a baby after you have applied for this visa, you will need to let us know. For more information, see You had a baby.
Cost
You paid for this visa when you applied for the temporary and permanent Partner visas.
You might have to pay other costs for health or police checks.
Processing times
The processing time for a permanent Partner visa starts from the date of eligibility. This is 2 years after you applied for the temporary and Permanent partner visas.
We update processing times regularly. We assess all applications on a case by case basis. Complex cases may take longer to process. You should use published processing times as a guideline only.
Your application can take longer to process if:
- you do not fill it in correctly
- you don't include all required documents
- we need more information from you
- it takes time to verify your information.
Visa label
You will not get a label in your passport. We will digitally link your visa to your passport and create a digital visa record for you.
Frequently asked questions
You can find the answers to common questions about this visa at Partner Program Frequently Asked Questions (FAQs).
Eligibility
You must meet all of these criteria to be eligible for this visa.
Visa requirements
You must hold either a Partner visa (subclass 820) or a Dependent Child (subclass 445) visa.
2 years must have passed since you applied for the subclass 820 and 801 visas for you to be eligible to be assessed for the permanent subclass 801 visa. You can check the date you submitted your applications in ImmiAccount.
We might grant you the permanent subclass 801 visa in less than 2 years if you were in a long-term partner relationship with your sponsor when you applied for the subclass 820 and 801 visas.
Continue to meet relationship requirements
You must continue to be the spouse or de facto partner of the same person who sponsored you for the temporary Partner visa.
You might still be eligible for the permanent visa if your relationship ends or your partner dies before we grant the permanent visa. For more information, see Your relationship has changed.
If you are experiencing domestic and family violence, we may be able to help you. You may still be eligible for the grant of your permanent visa. For more information, see Domestic and family violence and your visa.
Meet our health requirement
You and any members of the family unit, including dependent children who apply for the visa with you, must continue to meet our health requirement. Family members who do not come with you to Australia might also need to meet our health requirement.
If you had health examinations for your subclass 820 visa, we will let you know if you need to undertake them again or if more health checks are needed.
For more information on health related risks to the Australian community including Polio see risks to public health.
Have no debt to the Australian government
If you or any family members owe the Australian government money, you or they must pay it back or arrange to pay it back. This may include family members who do not come with you to Australia.
Best interests of the child
We might not grant this visa if it is not in the best interests of an applicant under 18.
Step by step
Follow this step by step guide.
1Before you apply
If we granted you a permanent Partner visa (subclass 801) immediately after we granted your temporary Partner visa (subclass 820), you do not have to do anything else. If we did not, you need to provide further documents.
To check which visa you currently hold, use VEVO.
Get help with your application
You can appoint anyone to receive documents on your behalf relating to your visa application.
To appoint someone to receive your correspondence, use Form 956A Appointment or withdrawal of an authorised recipient.
If you need help with your application, you can appoint someone to give you immigration assistance. A person who gives you immigration assistance can:
- discuss your application with us
- give us information
- send and receive correspondence about your application.
We treat any correspondence they send as if it came from you.
It is important to provide your own contact details in case we need to contact you directly about your application. The partner visa application form will ask you for your own phone number and email address.
If you appoint someone to give you immigration assistance they must be one of the following:
To appoint someone to provide immigration assistance, use Form 956 Appointment of a registered migration agent, legal practitioner or exempt person.
For more information, see who can help you with your application.
2Gather and prepare your documents
You are eligible for consideration of the permanent Partner visa two years after you apply for the temporary and permanent Partner visas. You can check the date you submitted your application in ImmiAccount.
Once two years have passed since you first applied, you can submit your documents for the permanent stage of your Partner visa. Do not send them before this time.
Make sure you provide all required information with your application. Applications with all required information can be processed faster.
Ensure that all information you provide is accurate. As a visa applicant, you must prove your identity and provide true information with your application.
For more information see Providing accurate information.
Identity documents
Provide a copy of the pages of your most recent passport showing your photo, personal details, signature, passport issue and expiry dates.
Character documents
To show that you meet our character requirements you may need to provide a current Australian police certificate. You usually need to provide this police certificate for the permanent stage of your Partner visa if you did not attach one with your subclass 820 application.
We may ask you to provide a new Australian police certificate if your previous certificate has expired. For immigration purposes, police certificates are valid for 12 months from the issue date.
We only accept complete disclosure National Police Certificates issued by the Australian Federal Police. We do not accept standard disclosure certificates or national police certificates issued by Australian state or territory police.
To get an Australian police certificate see National Police Checks.
You also need to provide an overseas police certificate from any country, including your home country, where you spent a total of 12 months or more since the grant of your 820 visa.
To get an overseas police certificate, see Offices outside Australia.
Evidence of your relationship
You must provide evidence that you continue to be the spouse or de facto partner of the same person who sponsored you for the temporary Partner visa.
In support of your visa application, you can provide:
- relationship documents
- supporting evidence of your relationship.
Relationship documents
Attach to your ImmiAccount a Commonwealth statutory declaration form. This form must be completed by your sponsor with information about any of the following:
- Whether you and your spouse or de facto partner have a mutual commitment, to the exclusion of all others.
- Whether your relationship is genuine and continuing.
- Whether you live together or don't live permanently apart.
- When your relationship began and how long you have lived together for.
- The financial commitments you and your partner share.
- The nature of your household (including any joint responsibility for the care and support of children).
- The social aspects of your relationship.
- The nature of your commitment to each other.
- Your plans for the future.
If you are married, provide your marriage certificate or other evidence that your marriage is valid in Australia.
If you are a de facto partner, provide proof of your de facto relationship.
Supporting evidence of your relationship
To show you are still in a relationship with your spouse or de facto partner, you can provide the below supporting evidence of your relationship.
Finances
Evidence you and your partner share financial matters. This evidence can include:
- joint mortgage or lease documents
- joint loan documents for major assets like homes, cars or major appliances
- joint bank account statements
- household bills in both names.
Your household
Evidence you and your partner share domestic matters. This evidence can include:
- 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.
Social matters
Evidence that others know about your relationship.
You must provide statements from 2 witnesses who:
- are 18 years old or older
- know you and your spouse or partner
- know about your relationship.
Statements from witnesses can be done by completing Form 888 - Supporting statement in relation to a Partner or Prospective Marriage visa application.
If the witness is an Australian citizen or permanent resident, provide evidence of this such as a passport or birth certificate.
Evidence can also include:
- 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.
Commitment
Evidence you are committed to a long-term relationship with each other. This evidence must show that you:
- have knowledge of each other’s background, family situation or other personal details.
- have combined your personal matters
- stay in touch when apart
- are not related by family.
You can also provide the terms of your wills as evidence.
Family members
For every family member who currently holds a subclass 820 or 445 visa, provide copies of:
- their passport
- documents that show changes to their situation
- police certificates, if applicable, for dependents 16 years old or older.
Tell us if your details have changed
See here for changes to your contact details, address or passport
Changes to your situation
Things you need to let us know about include:
- changes to your marital or de facto status
- the birth of a child
- any other changes relevant to your application
- a request to withdraw your application.
For more information, see Change in your situation.
If you are unable to upload the relevant documents to your application in ImmiAccount, you need to contact us using the Partner Processing Enquiry Form.
Prepare your documents
Translate
Have all documents translated into English.
Provide original and translated documents in your application.
Translators in Australia must be accredited by the National Accreditation Authority for Translators and Interpreters.
Translators outside Australia do not have to be accredited. But on each translation, they must include their:
- full name
- address and telephone number
- qualifications and experience in the language they are translating.
These details must be in English.
Scan or photograph
Scan or photograph all documents (English and non-English) in colour.
The scans and photos must be clear enough to read.
If a document is more than one page, save it all as one file.
You do not need to have any documents certified.
3Apply for the visa
You are eligible for consideration of the permanent Partner visa two years after you apply for the temporary and permanent Partner visas.
Submit your documents for the permanent stage of your Partner visa once two years have passed since you first applied. Do not attach them before this time.
Using our website and protections to your privacy
We take our obligation to protect your privacy seriously. We provide a secure online environment, but you can do more to ensure your personal safety online:
- Make sure you give us your contact details when you apply for your visa and tell us if they have changed. We may need to contact you directly even if you have:
- nominated your sponsor’s email address for all electronic correspondence
- appointed your sponsor or someone else to receive your correspondence as your authorised recipient
- appointed someone to give you immigration assistance.
- Protect your ImmiAccount, email account and passwords. Don’t share them with anyone.
For more information see Using our website.
How to apply
- Login to ImmiAccount.
- Select ‘New application’.
- Select ‘Family’.
- Select ‘Stage 2 – Permanent Partner Visa Assessment’.
- Attach documents.
Attach a document only once, even if you are using it to show more than one thing.
Clearly label your documents.
You can attach up to 100 documents for each person on your application.
The attachment limit cannot be increased.
If you reach the attachment limit for an applicant, you can attach more documents to other clients on the application.
For more information see Applying online in ImmiAccount .
Frequently asked questions
A list of common questions and answers is available at Partner Visa Frequently Asked Questions (FAQs).
4After you apply
You can track and manage your application using ImmiAccount.
For help managing your application in ImmiAccount, see Applying online in ImmiAccount.
Status updates
Do not contact us if your application is within the current standard processing time. We cannot provide any further updates on your application's progress. You can check the status of your visa application and if you have provided all supporting documents through ImmiAccount.
To see current standard processing times for this visa refer to Global processing times. The estimated timeframe is based on how long it has taken to process recently decided applications. It does not guarantee that your application will be decided within the current standard processing timeframe.
As Partner visa applications can have long visa processing times, you should update your documents and evidence of your relationship regularly through ImmiAccount.
You can find the answers to common questions about this visa at Partner Visa Frequently Asked Questions (FAQs).
Attach more information
If you did not attach all documents when you applied, attach them as soon as you can in ImmiAccount.
We might ask you to provide more information.
As Partner visa applications can have long visa processing times, you should update your documents and evidence of your relationship regularly through ImmiAccount.
For more information on attaching documents in ImmiAccount, see Applying online in ImmiAccount.
If you are unable to upload the relevant documents to your application in ImmiAccount, you need to contact us using the Partner Processing Enquiry Form.
Add family members
You can add a dependent child to your application before we make a decision on your permanent visa application. Your child must be in Australia and:
- hold a Dependent Child visa (subclass 445)
- meet our health requirement
- meet our character requirement if they are 16 years old or older.
Once your child holds a subclass 445 visa, complete and attach to your ImmiAccount, Form 1002 - Application by a subclass 445 dependent child for a permanent partner visa.
After you have attached the form to ImmiAccount, let us know by using the Partner Processing Enquiry Form.
Newborn children
If you have a baby, you will need to let us know. For more information, see You had a baby.
After you have updated us in ImmiAccount, let us know by using the Partner Processing Enquiry Form.
Tell us if your details have changed
See here for changes to your contact details, address or passport
Tell us if things change
Tell us if things change after you lodge your documents but before we have made a decision.
Things you need to let us know about include:
- changes to your marital or de facto status
- the birth of a child
- any other changes relevant to your application.
For more information, see Change in your situation.
If you are unable to upload the relevant documents to your application in ImmiAccount, you need to contact us using the Partner Processing Enquiry Form.
If your relationship ends
You may need to complete the Notification of Relationship Cessation form in ImmiAccount.
To confirm, check Your relationship has changed.
Your online safety
To ensure your personal safety online we recommend that you:
- change your ImmiAccount password as soon as possible.
- do not use saved passwords to access your ImmiAccount
- change your email password or consider setting up a new email account.
To see how you can increase your personal safety you can use the eSafety Commissioner’s online safety checklist
If you do not have access to ImmiAccount, you can notify us using the Partner Processing Enquiry Form.
You might still be eligible for the permanent visa if your relationship ends or your partner dies. All information you provide is confidential.
If you are experiencing domestic and family violence, we may be able to help you. You may still be eligible for the grant of your permanent visa. For more information, see Domestic and family violence and your visa.
No longer need help with your application
Let us know if you no longer want someone to:
- receive your correspondence - complete Form 956A Appointment or withdrawal of an authorised recipient
- provide immigration advice - complete Form 956 Appointment of a registered migration agent, legal practitioner or exempt person.
After you have attached the form to ImmiAccount, let us know by using the Partner Processing Enquiry Form.
For more information, see Who can help you with your application.
Mistakes on your application
Let us know as soon as you can if you have made a mistake on your application.
For more information, see After you apply.
If you are unable to update your application in ImmiAccount, you need to contact us using the Partner Processing Enquiry Form.
5Visa outcome
You can be in or outside Australia when we decide on your permanent Partner visa.
We will let you know our decision in writing.
If we grant your visa, we will tell you:
- your visa grant number
- the date your visa starts
- your visa conditions.
Keep a copy of the decision.
If we refuse your visa, we will tell you why we refused the visa and whether you have a right to a review of the decision.
We will not refund the application fee if we refuse your application.
When you have this visa
What you can do on this visa
- live, work and study in Australia
- access Australia's public healthcare scheme, Medicare
- sponsor eligible family members to come to Australia
- travel to and from Australia for 5 years
- if eligible, attend free English language classes provided by the Adult Migrant English Program
- if eligible, apply for Australian citizenship.
How long you can stay
This is a permanent visa.
You become a permanent resident on the day we grant the visa.
For more information, see Permanent resident.
What you must do on this visa
You and your family members must meet all visa conditions and obey all Australian laws.
Travel on your visa
You can travel to and from Australia as many times as you want for 5 years from the date we grant this visa. This is as long as the travel facility on this visa remains valid.
If you want to travel after the initial 5-year travel facility you will need to apply for and be granted a Resident Return (RRV). This will allow you to travel to Australia as a permanent resident.
To see when your travel facility ends, use VEVO.
New Zealand passport holders
If an immigration officer processes your clearance at our border, tell them:
- you have a permanent Australian visa
- you do not want a Special Category visa (subclass 444).
If you do not tell them, you might be granted a 444 visa. Grant of a subclass 444 visa will override your permanent visa and might affect your eligibility for Australian citizenship.
Sponsor your family members to come to Australia
You cannot add family members to your visa application after we grant the permanent Partner visa (subclass 801).
As an Australian permanent resident, you might be able to sponsor eligible family members to come to Australia.
To find a visa for your family members, explore visa options.
Prove you have a visa
To prove you have a visa and show your conditions to someone, use VEVO.
Australian visas are digital. We do not put a visa label in your passport. Instead, we link your digital visa record to your passport.
Your visa number is contained in your visa grant letter. Use this number to access your digital visa record in VEVO.
Your digital visa record is also used by:
- airlines to check your visa before you board your flight
- Australian government agencies to check your identity and visa conditions
- employers, banks or other registered organisations to check your visa conditions.
To get proof of your travel in and out of Australia, request your international movement records.
Working
With this visa you will have full work rights and be protected by Australian workplace law. See your workplace rights and entitlements.
Studying
With this visa you will be able to study in Australia. To find out what study you may be eligible for see StudyAssist.
Access Australian Government benefits
You might have to wait to access certain Australian Government payments and benefits. Learn more about newly arrived residents' waiting periods from Services Australia.
Tell us if things change
Let us know if you get a new passport.
See what to do if you have a new passport.
Become an Australian citizen
After a certain time, you may be eligible for Australian citizenship. Find out more about becoming a citizen.
For citizenship purposes, your permanent residency starts on either the day your visa was granted if you were in Australia or the day you first entered Australia on this visa after it was granted.
Reading asFor Sponsors
Overview
Stay
The visa applicant can stay permanently in Australia.
Government charge
No cost.
Processing times
Processing times for Partner visa applications vary. Partner visa applicants may experience longer processing times than expected. For an indication of processing times for this visa, use the visa processing time guide tool. This will show the processing times for recently decided applications. It is a guide only and not specific to your application.
The processing time for a permanent Partner visa starts from the date of eligibility. This is two years after you applied for the temporary and permanent Partner visas.
Applications are processed according to Ministerial Direction 117. For more information, see Family visa processing priorities.
You can find the answers to common questions about Partner visa processing times at Partner Visa Frequently Asked Questions (FAQs).
With this sponsorship
- you can have your spouse or partner live, work and study in Australia indefinitely
You must
- be the same person who sponsored the applicant for their temporary partner visa
- continue to be married or in a de facto relationship with them
About this visa
Your obligations
You must sponsor your partner and their family members included in their application.
As a sponsor, you must assist your partner and their family members included in their application financially and with their accommodation.
Cost
No cost.
How long sponsorship lasts
When your sponsorship ends will depend on where the visa applicants are when we grant their temporary partner visa.
Your sponsorship will end 2 years after:
- the visa is granted, if the applicants are in Australia at the time of grant, or
- their next arrival in Australia, if they are outside Australia at the time of grant.
This is the case even if we grant their permanent partner visa straight after their temporary partner visa.
Apply to sponsor
You can be inside or outside Australia when you apply for sponsorship.
Frequently asked questions
A list of common questions and answers about this visa is available at Partner Program Frequently Asked Questions (FAQs).
Eligibility
You must meet all of these criteria to be eligible to sponsor your spouse or partner.
Continue to be the applicant's spouse or de facto partner
You must continue to be the spouse or de facto partner who sponsored the applicant for the temporary partner visa.
We must approve the sponsorship. This approval will be given during the processing of the applicant’s temporary visa.
Step by step
Follow this step by step guide.
1Provide your documents
You do not need to submit another application for sponsorship. However, you will need to provide additional documents.
Attach, to your ImmiAccount, the personal details page of your most recent passport (showing your signature), or your Australian driver's licence.
Also attach a completed Commonwealth statutory declaration form with information about any of the following:
- Whether you and your partner have a mutual commitment with your spouse of de facto partner to the exclusion of all others.
- Whether your relationship is genuine and continuing.
- Whether you live together or don't live permanently apart.
- When your relationship began and how long you have lived together for.
- The financial commitments you and your partner share.
- The nature of your household (including any joint responsibility for the care and support of children).
- The social aspects of your relationship.
- The nature of your commitment to each other.
- Your plans for the future.
When you are a sponsor
Your obligations
You must sponsor your partner and their family members included in their application.
As a sponsor, you must assist your partner and their family members included in their application financially and with their accommodation.
How long your sponsorship lasts
When your sponsorship ends will depend on where the visa applicants are when we grant their temporary partner visa.
Your sponsorship will end 2 years after:
- the visa is granted, if the applicants are in Australia at the time of grant, or
- their next arrival in Australia, if they are outside Australia at the time of grant.
This is the case even if we grant their permanent partner visa straight after their temporary partner visa.
Tell us if things change
If your situation has changed, you need to tell us. For more information see Changes in your situation.
Withdraw your sponsorship
You cannot withdraw as a sponsor after we grant the visa. For more information, see Your relationship has ended.
If you are experiencing domestic and family violence, there is support available. For more information, see Family Violence Provisions.
All streams of the Partner visas (apply in Australia)
Official source: Department of Home Affairs, immi.homeaffairs.gov.au. © Commonwealth of Australia. Refer to the source website for its copyright and conditions of use.
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