What Documents Do I Need for the 801 Second Stage?
Key points
- The Subclass 801 is generally assessed two years after the combined Subclass 820/801 application was lodged.
- No new application or second application charge is needed for the Subclass 801 stage.
- The applicant must show the relationship is still genuine and continuing at the time of decision.
- Form 888 is a supporting statement from a person who knows the couple, not a statutory declaration.
What relationship evidence is needed for the 801 second stage?
The relationship evidence needed for the 801 second stage covers the period since the combined application was lodged and shows the same four aspects the Department assessed at the first stage. Useful documents include recent joint bank statements, shared bills and lease or mortgage records, evidence of shared responsibilities, photos and travel together, and correspondence addressed to both partners at the same address. Our article on partner visa second stage documents lists the usual documents, and our article on the partner visa four pillars of evidence explains each aspect.
Do we need new statements for the 801 stage?
New statements are usually needed for the 801 stage, because the Department wants to understand how the relationship has developed since lodgement. The couple update their relationship statement to cover the period since the first stage, including any major events such as a move, a child, illness or time apart. Our article on the partner visa relationship statement explains what an updated statement should cover.
Do I need Form 888 statements again for the second stage?
Form 888 statements are commonly provided again for the second stage, from people who know the couple and can describe the relationship as it is now. A Form 888 is a supporting statement given by an Australian citizen or permanent resident, and it is not a statutory declaration. Our article on Form 888 for a partner visa explains who should complete one and what it should say.
Are police certificates and health checks needed again?
Police certificates may be needed again at the second stage if the Department asks for them, particularly where earlier certificates have expired or the applicant has lived in another country since lodgement. Health examinations are not routinely repeated, but the Department can ask for them. The applicant should wait for the Department's request rather than repeating checks too early. Our article on the partner visa AFP police check explains the Australian check.
What if our circumstances have changed since lodgement?
Changed circumstances since lodgement must be reported, and they often shape what the second stage needs. A child born to the couple, a change of address or a period of living apart all need evidence or an explanation. If the relationship has ended, the 801 may still be available in limited cases, such as family violence by the sponsor or the death of the sponsor. Our article on partner visa change of circumstances explains what must be reported, and our page on partner visa family violence explains the family violence provisions.
What happens if the Subclass 801 is refused?
If the Subclass 801 is refused, the applicant generally has a right to apply to the Administrative Review Tribunal within a strict time limit, and advice should be sought immediately. Our article on the partner visa second stage refusal explains the consequences and options.
How does My Migration Lawyers prepare the 801 second stage?
My Migration Lawyers prepares the 801 second stage as a fresh, organised evidence package rather than a few extra uploads. The firm reviews what was lodged at the first stage, identifies the period that now needs evidence, drafts the updated statements with the couple and checks every document for consistency before it is provided. Holders of a Subclass 820 can ask our partner visa lawyers to prepare the permanent stage.
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