Subclass 801 — Partner (Permanent) — immi.wiki

The Subclass 801 Partner (Permanent) visa is the permanent stage of the onshore partner visa pathway. It is applied for at the same time as the Subclass 820 (temporary stage) and is typically assessed automatically after 2 years from the date of the original combined application — provided the relationship is still genuine and ongoing. The Subclass 801 grants permanent residence and unlimited work rights.

The 2-year waiting period may be waived if the couple has been in a registered relationship for at least 3 years before the application, or has been in a registered relationship for at least 2 years and have a dependent child.

At the time of grant of the Subclass 801:

• The applicant must still be in a genuine married or de facto relationship with the sponsoring Australian citizen or PR (the relationship must still exist)
• The sponsor must still be an eligible sponsor (Australian citizen, permanent resident, or eligible NZ citizen)
• The applicant must be in Australia at the time the Subclass 801 is granted
• At least 2 years must have passed from the date the combined 820/801 application was lodged (unless the registered relationship or dependent child waiver applies)
• Satisfy health and character requirements (assessed at the time of the 820 application and reviewed for the 801)

If the relationship broke down and the applicant was subject to domestic violence, there is a separate pathway to the permanent Subclass 801 even after the relationship has ended.

The Subclass 801 is applied for simultaneously with the Subclass 820 — they are part of the same combined application lodged via ImmiAccount. The applicant does not lodge a separate 801 application. When the waiting period has elapsed, the Department automatically assesses the 801 component and may contact the applicant for updated evidence of the continuing relationship (e.g., updated statutory declarations, bank statements, joint lease).

The Subclass 801 is a permanent residence visa with no visa conditions restricting work or study. Standard permanent visa conditions apply. The holder receives a 5-year travel facility from the date of grant; after that a Resident Return Visa (RRV) is needed to re-enter as a permanent resident.