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Partner visa (Permanent) (Subclass 801)

AustraliaFamily

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Australia Read the five questions ↓

Which family relationships qualify?

The qualifying family relationship is that of the de facto partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. This is the second-stage permanent visa in the onshore Partner pathway: it is granted to people who hold the temporary Partner (Subclass 820) visa or, in some cases, a Dependent Child (Subclass 445) visa, and who in most cases continue to be in a genuine and ongoing relationship with their sponsor.

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  • Overview tab
    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).
  • Overview tab — Check your eligibility
    hold a temporary Partner visa (subclass 820) or Dependent Child visa (subclass 445)
  • Overview tab — Check your eligibility
    in most cases, continue to be in a genuine and ongoing relationship with your sponsor.
  • Eligibility tab — Visa requirements
    You must hold either a Partner visa (subclass 820) or a Dependent Child (subclass 445) visa.

Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

There is no new sponsorship step at this stage: the applicant must remain the spouse or de facto partner of the same person who sponsored them for the earlier temporary Partner visa. The permanent visa is normally assessed only after 2 years have passed since the applicant applied for the subclass 820 and 801 visas together, though it can be granted sooner if the couple was in a long-term relationship at the time of that original application.

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What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

What matters at this stage is continuity: the applicant must still be in the relationship that supported the original temporary Partner visa grant. The applicant may still be eligible for the permanent visa even if the relationship ends or the partner dies before a decision is made, and a person experiencing domestic or family violence may also remain eligible despite the relationship ending.

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What important financial, accommodation, insurance or maintenance responsibilities apply?

The applicant and any family unit members applying with them, including dependent children, must continue to meet Australia's health requirement (family members not migrating may also need to), and any debt owed to the Australian government by the applicant or family members, including those not migrating, must be repaid or arranged for repayment. The visa may also be refused if granting it would not be in the best interests of an applicant under 18.

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How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?

This is a permanent visa: in addition to everything the subclass 820 visa allowed, the holder can live, work and study in Australia indefinitely, sponsor eligible family members, and apply for Australian citizenship if eligible. There is no visa cost at this stage, since it was already paid when applying for the combined temporary and permanent Partner visas; processing time is calculated from the 2-year eligibility date rather than from the original application date.

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These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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