Partner/Spouse - 801 Visa
Subclass 801 visa is a permanent partner visa. Basically, it is designed for couples where one partner is a permanent resident or Citizen of Australia, and they would like to have their non-Australian partner migrate and join them permanently.
The 801 visa is one part of a multi-step process, it can take a lot of planning and time to prepare an application, but remember Visa Crew are always here to assist you! This visa is open to same sex and opposite sex couples; our service is guaranteed professional and fully confidential!
Over time we have helped a great deal of couples to be legally united by obtaining this partner visa. Let our experience help you successfully submit your application, consulting the most up to date, Australian migration regulations. The team here fully understand being geographically separated can be quite difficult and upsetting for couples; we ensure that time is a high priority when assisting you in your unique case.
Continuation - Subclass 820 Visa
The regulations state the applicant must first hold the 820 visa before lodging the 801 visa. The 820 is a temporary partner visa which is granted for a period of roughly two years in an attempt to evaluate the seriousness of a relationship. The logic of this process is that if it is a genuine relationship, the couple will remain together for much longer than this imposed two year time limit. At Visa Crew we can assist you, we understand the process and have lodged the 820/801 visa simultaneously for many of our clients. This saves you time and money and a lot of unecessary stress!
In the unlikely event the relationship may come to an end before this time period is up, the holder will most likely have a much more difficult time remaining in Australia. One of the primary reasons that the Australian Government continues to follow this process is to prevent couples from falsifying relationships in an attempt to simply obtain a permanent visa.
Benefits - Visa Subclass 801
The 801 visa is a permanent visa, so it grants the holder the right to stay in Australia indefinitely. Additionally, the applicant (in most cases) has the right to work and study, if they so desire. After meeting some other eligibility requirements, the status granted by this visa allows the holder to apply for Australian citizenship, and that contains even more beneficial rights. Also, the 801 visa allows the holder to sponsor other relatives for permanent residence in Australia, as long as they meet some other eligibility requirements. Even more, this visa may allow the holder to receive certain social security funds. It even allows for unlimited international travel for five years; thereafter the holder should apply for citizenship for unrestricted travel rights.
Requirements - 801 Visa
First, the most obvious requirement for the 801 visa is for the applicant to be in a relationship, and the sponsoring partner must be a citizen of Australia, a permanent resident of Australia, or an eligible citizen of New Zealand. Additionally, you must be able to prove that both partners consent to the relationship, that it is genuine and ongoing, and that you live together (or you are only separated on a temporary basis). Many couples are pleased to hear that it isn’t a requirement that the couple be married as these visas are also issued to de facto relationships (including same-sex couples).
Some useful pointers of criteria to be met:
1) Financial aspects of the relationship such as joint ownership of real estate or bank accounts; are the household expenses are shared by both of you
2) Nature of the household such as joint responsibility for children, shared living arrangements, shared housework
3) Social aspects of the relationship such as whether friends, family, government bodies, institutions etc see you as a couple
4) Commitment to each other including duration of the relationship, length of time together, degree of companionship and emotional support, and whether you both see the relationship as a long term one.
This is far from an exhaustive list, and there are many other requirements that must be met before obtaining an 801 visa, such as proof of good health and character; establishing the applicant will not be a danger to Australian society. If you are worried that you may not satisfy these requirements we recommend that you seek professional assistance, a Registered Migration Agent will be aware of the regulations and how to meet the relevant criteria.
Partner Visa Refusal - Subclass 801
If your visa application is refused, before you panic you should know there are steps that can be taken to appeal this decision (as long as you are in a genuine relationship!). Most refusals can be appealed to the Administrative Appeals tribunal (AAT). Remember however, it is difficult to overturn a second refusal, so it’s extremely wise to speak with a professional Migration Agent in these situations.
Are you s48 barred? Do you have a previous visa cancellation or refusal? You may still be eligible to apply for a partner visa while you are in Australia. These complex cases require expert advice - call us for more details.
For all matters concerning Partner Visa applications, contact our team at Visa Crew today; we'd love to hear from you!!
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