Can I Get the 801 Permanent Partner Visa Straight Away?

Why is the Subclass 801 not usually granted straight away?

The Subclass 801 is not usually granted straight away because the partner visa system is designed in two stages, with a temporary period in which the relationship continues before permanent residence is granted. The applicant first receives the temporary Subclass 820 and then, generally two years after lodgement, provides updated evidence for the permanent Subclass 801. Our article on the partner visa two-stage process explains how the stages connect.

What is the long-term relationship exception?

The long-term relationship exception allows a partner visa applicant whose relationship is long-term, as the regulations define it, to be granted the permanent Subclass 801 without waiting for the usual two-year point. The test turns on the length of the relationship at the time of the combined application and the evidence of the relationship over that period. Couples with children together may also be treated differently under the relevant criteria. Our article on the partner visa long-term relationship explains how the exception is assessed.

What is a partner visa double grant?

A partner visa double grant is the grant of the temporary Subclass 820 and the permanent Subclass 801 at or around the same time. It usually happens where the long-term relationship exception is met when the Subclass 820 is decided, or where processing has taken so long that the two-year point has already passed. Our article on the partner visa double grant explains when the Department usually does this.

Can I apply for the Subclass 801 on its own?

An applicant cannot apply for the Subclass 801 on its own in the ordinary case, because the permanent visa is part of the combined application lodged with the Subclass 820. There is no separate form or separate base charge for the permanent stage. When the Department is ready to assess the Subclass 801, it invites the applicant to provide updated documents. Our article comparing the Subclass 820 and Subclass 801 explains the relationship between the two.

What can lead to the Subclass 801 being granted after a relationship ends?

The Subclass 801 can still be granted after a relationship ends in limited cases, including where the sponsor has died, where the applicant or a family member has suffered family violence by the sponsor, or where the couple has a child together and the applicant has custody or contact rights. These provisions protect applicants who would otherwise lose the visa. Our page on family violence explains that pathway.

How should we prepare for the permanent stage?

A couple should prepare for the permanent stage from the start of the temporary period, by keeping evidence of their shared life, finances and household as it happens rather than gathering it at the end. The permanent stage needs current evidence showing the relationship continued. Our article on partner visa second stage documents lists what is usually requested.

How does My Migration Lawyers assess eligibility for an early Subclass 801?

My Migration Lawyers assesses eligibility for an early Subclass 801 by mapping the couple's relationship history against the long-term definition, identifying the evidence for the earliest dates the couple can prove, and presenting the application so the Department can see the exception is met. Where the couple does not yet qualify, the firm explains what the permanent stage will require and how to keep evidence for it. Couples can speak with our partner visa lawyers or read about the Subclass 820 visa.