IMMIGRATION BLOG
Table of Contents
The Partner (Permanent) visa (subclass 801) allows those in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia indefinitely. It grants permanent residency to applicants who already hold the temporary Partner visa (subclass 820) and meet the ongoing relationship and eligibility requirements. This visa represents the final stage in the onshore partner migration process, offering stability and long-term settlement opportunities.
Many applicants see the 801 visa as more than a legal status—it’s a pathway to building a secure future in Australia with their partner. The process involves proving the authenticity and continuity of the relationship, meeting health and character standards, and maintaining compliance with visa conditions. Understanding these details early can make the transition smoother and reduce the risk of delays.
Those preparing for this stage benefit from knowing what documents to gather, how the Department of Home Affairs assesses applications, and what rights come with permanent residency. Clear guidance and careful preparation often make the difference between approval and unnecessary setbacks.
Key Takeaways
- The 801 visa grants permanent residency to eligible partners of Australians.
- Strong evidence of a genuine relationship is essential for approval.
- Careful preparation and compliance improve the chance of success.
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Benefits of the 801 Visa
The 801 visa provides several long-term advantages for eligible partners. It allows holders to live, work, and study in Australia without restriction. They also gain access to Medicare, Australia’s public healthcare system.
Permanent residents under this visa can travel freely to and from Australia for five years from the date of grant. After this period, they may need a Resident Return Visa (RRV) to re-enter Australia as a permanent resident.
Additional benefits include eligibility to apply for Australian citizenship once residency and character requirements are met. Holders can also sponsor eligible family members for permanent residency, strengthening family unity in Australia.
Eligibility Criteria
To qualify for the 801 visa, applicants must already hold the Subclass 820 temporary partner visa and remain in a genuine, ongoing relationship with their Australian partner. They must continue to live together or maintain a shared life as a couple.
The sponsoring partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen. Applicants must also meet health and character requirements set by the Department of Home Affairs.
Evidence such as joint financial commitments, shared living arrangements, and social recognition of the relationship supports the application. In some cases, the two-year waiting period may be waived for long-term relationships or where children are involved.

Application Process for the 801 Visa
Applicants move from the temporary Subclass 820 visa to the permanent Subclass 801 visa once they meet eligibility requirements and provide updated evidence of their relationship. The Department of Home Affairs reviews the application based on relationship continuity, documentation, and compliance with visa conditions.
Step-by-Step Guide
The 801 visa is the second stage of the onshore partner visa process. Applicants first lodge a combined application for both the 820 (temporary) and 801 (permanent) visas. The Department considers the 801 stage approximately two years after the initial lodgement date.
To progress, applicants receive an invitation to provide new evidence confirming the ongoing nature of their relationship. This includes updated statements, joint financial records, and proof of shared living arrangements.
The Department then assesses eligibility based on the relationship’s genuineness and duration. If approved, the applicant gains permanent residency, allowing indefinite stay, work, and study rights in Australia. Applicants can also include dependent children who hold a Subclass 445 visa.
Required Documents
Applicants must provide both initial and updated evidence to demonstrate a genuine and continuing relationship. Key documents typically include:
| Category | Examples of Evidence |
|---|---|
| Identity | Passports, birth certificates, national ID cards |
| Relationship | Marriage certificate, joint lease, shared bills |
| Financial | Joint bank statements, shared assets, tax records |
| Social | Photos together, joint invitations, social media proof |
| Commitment | Personal statements outlining the relationship history |
All documents must be in English or accompanied by certified translations. Applicants should upload these to their ImmiAccount and ensure that each file is clear and legible.
The Department may request additional evidence if documents are incomplete or unclear. Providing consistent and up-to-date information helps prevent unnecessary delays.
Processing Times
Processing begins from the date the applicant becomes eligible, usually two years after the combined 820/801 lodgement. The Department of Home Affairs notes that time frames vary depending on case complexity and completeness of documentation.
As of recent data, many applications take several months to finalise after eligibility. Factors affecting timing include background checks, additional document requests, and verification of relationship evidence.
Applicants can check estimated processing times on the official Department website. These figures serve as a guide only and do not guarantee a specific decision timeframe.

Partner Relationship Requirements
Applicants must show that their relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen is genuine and continuing. They must also demonstrate that the partnership meets the legal and practical standards set by the Department of Home Affairs for the Subclass 801 visa.
Types of Recognised Relationships
The Department recognises married and de facto relationships for the 801 visa. A married couple must have a legally valid marriage under Australian law. A de facto couple must usually have lived together for at least 12 months before applying, unless they have registered their relationship in an Australian state or territory.
De facto partners must show that they share a life together to the exclusion of others. The relationship cannot be purely for visa purposes. Both partners must be at least 18 years old and not related by family.
If the couple has previously held a temporary Partner visa (Subclass 820), they must still be in a genuine relationship at the time of the permanent stage assessment. The Department assesses whether the relationship continues to meet all eligibility criteria.
Evidence Needed for Genuine Relationship
Applicants must provide documentary proof that their relationship is genuine and ongoing. Evidence typically covers four key areas:
| Area | Examples of Evidence |
|---|---|
| Financial | Joint bank accounts, shared bills, property ownership |
| Social | Photos together, invitations as a couple, joint travel |
| Household | Shared lease, joint utility accounts, correspondence to the same address |
| Commitment | Statements from both partners, communication records, statutory declarations from friends or family |
Each partner must also submit a personal statement describing the history of the relationship, daily life together, and future plans.
The Department may request additional documents or conduct interviews to confirm the authenticity of the relationship. Providing consistent, detailed, and verifiable information helps strengthen the application.

Transition from 820 to 801 Visa
The move from a temporary Partner Visa (subclass 820) to a permanent Partner Visa (subclass 801) depends on maintaining a genuine relationship and meeting eligibility and documentation requirements. Applicants must show continued commitment, cohabitation, and compliance with visa conditions during the waiting period.
Temporary to Permanent Visa Pathway
The subclass 820 visa grants temporary residence to the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen. It allows the applicant to live, work, and study in Australia while the permanent stage is assessed.
After holding the 820 visa for about two years, the applicant becomes eligible for the subclass 801 visa, which provides permanent residency. The Department of Home Affairs assesses the relationship again to confirm it remains genuine and ongoing.
Evidence such as joint financial records, shared living arrangements, and social proof of the relationship is critical. Applicants should keep documents updated throughout the temporary visa period to avoid delays.
If the couple has been in a long-term relationship or has children together, the permanent visa may be granted sooner, as the department can waive the standard waiting period.
Two-Stage Application Process
Applicants lodge a combined application for both the 820 and 801 visas at the start. The Department processes the temporary visa first, followed later by the permanent stage without a separate application.
The second-stage assessment usually begins automatically when eligibility timeframes are met, but applicants may need to provide updated evidence and complete new forms through their ImmiAccount.
Rights and Responsibilities of 801 Visa Holders
Holders of the Subclass 801 Partner Visa gain permanent residency in Australia, which provides full legal rights similar to those of citizens. They can work, study, and access essential public services, but they must also follow Australian laws and uphold visa conditions.
Work and Study Rights
An 801 visa holder has unrestricted work rights in Australia. They may work for any employer, in any occupation, and for any number of hours. This freedom allows them to pursue employment that suits their qualifications and experience without sponsorship or labour market restrictions.
They can also start or manage a business, offering flexibility for those who prefer self-employment. Employers treat 801 visa holders the same as Australian citizens in terms of workplace protections, including fair pay, safe conditions, and access to unions.
In terms of education, holders may study at any Australian institution without needing a separate student visa. They pay domestic tuition rates at public universities and vocational schools, which can significantly reduce education costs. Children included in the visa can also attend Australian schools as domestic students.
| Right | Description |
|---|---|
| Work | Unlimited hours, any employer or occupation |
| Study | Domestic tuition rates at public institutions |
| Business | Freedom to start or manage a business |
Access to Healthcare and Social Services
Permanent residents under the 801 visa gain access to Medicare, Australia’s public healthcare system. This allows them to receive subsidised treatment from doctors, specialists, and hospitals. They may also access prescription medicines under the Pharmaceutical Benefits Scheme (PBS).
They can apply for Centrelink benefits once they meet residency and waiting period requirements. These may include family payments, parental leave pay, and unemployment support. Access depends on individual circumstances and compliance with eligibility rules.
Visa holders are expected to maintain updated personal information with government agencies and ensure they meet tax obligations. They must also respect community standards and laws, as breaches can affect their residency status.
Common Reasons for 801 Visa Refusal
Visa refusals often occur when applicants fail to meet documentation, relationship, or eligibility standards set by the Department of Home Affairs. Errors, inconsistencies, or missing evidence can cause applications to fall short of legal and procedural requirements.
Relationship Evidence Issues
The 801 Partner Visa requires clear proof that the relationship is genuine and ongoing. Many refusals occur when applicants provide limited or inconsistent evidence across financial, social, and household aspects of their relationship.
Applicants must show shared financial responsibilities such as joint bank accounts, leases, or bills. Inconsistent information between partners’ statements or missing documents can raise doubts.
Common issues include:
- Lack of joint financial records
- Minimal communication evidence
- Contradictory timelines or addresses
Photographs alone rarely satisfy the requirement. The Department expects tangible proof of a shared life, including official correspondence addressed to both partners and evidence of long-term commitment. When evidence appears incomplete or fabricated, officers may determine the relationship does not meet visa criteria.
Character and Health Requirements
Applicants and their partners must meet character and health standards under Australian migration law. Failing to provide accurate police clearances or medical results can lead to refusal.
A visa may be refused if an applicant has a criminal record, ongoing legal matters, or fails to disclose past convictions. Health issues that could impose significant costs on Australia’s healthcare system can also affect eligibility.
Key factors include:
| Requirement | Common Problem |
|---|---|
| Character | Undisclosed offences, incomplete police checks |
| Health | Unresolved medical assessments, untreated conditions |
Providing full, verifiable documentation and addressing any concerns early helps reduce the risk of refusal on these grounds.
Costs and Fees Associated with the 801 Visa
The Partner Visa (Subclass 801) includes government charges that applicants must pay when lodging their application. The fee covers both the temporary (Subclass 820) and permanent (Subclass 801) stages and is paid upfront.
As of 2025, the base application charge for the primary applicant is AUD $9,095. Fees vary depending on the number and age of additional applicants included in the application.
| Applicant Type | Fee (AUD) |
|---|---|
| Primary Applicant | 9,095 |
| Additional Applicant (18 years and over) | 4,550 |
| Additional Applicant (under 18 years) | 2,280 |
Applicants who previously held a Prospective Marriage Visa (Subclass 300) may pay a reduced charge, starting from AUD $1,515.
Additional expenses may include health examinations, police checks, biometrics, and translation or certification of documents. These costs depend on the applicant’s location and personal circumstances.
Payment must be made in full at the time of application, and fees can change without notice. Applicants should confirm the latest charges on the Department of Home Affairs website before submitting their application.
Tips for a Successful 801 Visa Application
Applicants improve their chances of success by preparing a complete and well-organised submission. They should ensure every form, document, and statement clearly supports the genuine and ongoing nature of their relationship. Accuracy and consistency across all materials are essential.
Provide strong evidence of the relationship. This includes joint financial records, shared bills, travel history, and communication logs. Each document should show shared commitment and mutual support over time.
Meet all eligibility and character requirements. Both partners must satisfy health and background checks. Submitting updated police clearances and medical assessments early helps avoid delays.
Keep documents current and consistent. Any changes in address, employment, or relationship status should be reported promptly to the Department of Home Affairs. Inconsistent information can slow processing or raise concerns.
Use a clear document structure. A simple table can help track what has been included:
| Document Type | Example Evidence | Notes |
|---|---|---|
| Financial | Joint bank statements | Show regular shared expenses |
| Social | Photos, invitations | Demonstrate public recognition of the relationship |
| Commitment | Shared lease, wills | Indicate long-term plans together |
Stay informed about processing timelines. The 801 visa is the permanent stage following the 820 visa, and applicants should monitor progress through their ImmiAccount and respond quickly to any requests for further information.
Take Your First Steps To
Our immigration lawyers and registered migration agents in Melbourne will be able to find you the best visa for your unique situation. Fill out a FREE Preliminary Evaluation to assess your eligibility to immigrate.
Looking to join your partner in Australia? Check out these helpful guides to understand your options: the Partner Visas in Australia overview, the onshore 820 Visa and 801 Visa pathway, the offshore 309 Visa and 100 Visa route, and the 300 Visa for engaged couples. These resources will help you choose the right visa for your relationship and migration goals.

ABOUT THE AUTHOR
Myer Lipschitz was born in Johannesburg and is a graduate of the University of the Witwatersrand. In 1985 he was conferred the degree Bachelor of Laws. Myer completed his Articles of Clerkship with Ivor Trackman, Attorneys and was admitted as an Attorney to the Supreme Court of South Africa in 1988. Myer immigrated to New Zealand in 1989 and was admitted to practice law in New Zealand as a Barrister and Solicitor of the High Court of New Zealand...

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