Can a Lawyer Help With the Permanent Subclass 801 Partner Visa Stage?

What happens at the Subclass 801 permanent stage?

At the Subclass 801 permanent stage, the Department checks that the couple is still in a genuine and continuing relationship and that the applicant still meets health and character requirements. The stage is generally assessed two years after the combined Subclass 820 and Subclass 801 application was lodged. The Department usually invites the applicant to provide updated evidence through ImmiAccount. The applicant can also provide evidence before any invitation arrives, which is often the better approach because it allows the Department to decide promptly once the two-year point is reached. Where the couple was already in a long-term relationship, as the regulations define it, when they applied, the Subclass 801 may be granted without the two-year wait. Our article on the permanent partner visa explains the stage in full.

Do I need to lodge a new application for the Subclass 801?

An applicant does not need to lodge a new application for the Subclass 801, because the Subclass 801 was applied for at the same time as the Subclass 820. No further application charge is paid. What the applicant does need to provide is fresh evidence showing the relationship over the period since lodgement. Our article on the partner visa two-stage process explains how the two stages connect.

What documents are needed for the Subclass 801 stage?

The documents needed for the Subclass 801 stage usually include updated evidence of the four aspects of the relationship, Form 888 statements from people who know the couple, new police certificates and any change in personal details. The evidence should cover the time since lodgement rather than repeat what was already provided. Our guide to the partner visa second stage documents lists what the Department commonly asks for.

What if our relationship ended before the Subclass 801 decision?

A relationship that ended before the Subclass 801 decision does not always end the permanent visa pathway. The regulations allow grant in limited cases, including where the applicant or a member of the family unit suffered family violence by the sponsor, where the sponsor has died, or where there is a child of the relationship and the regulations' conditions are met. The Department must be told about the separation. Our pages on partner visa family violence and the relationship breakdown explain these options.

Why are Subclass 801 applications refused?

Subclass 801 applications are refused most often because the evidence does not show that the relationship continued after the Subclass 820 was granted, or because the Department has received information that the couple separated. Inconsistent addresses, a long period living apart and new character issues also cause refusals. Our article on the partner visa second stage refusal explains the common reasons and the review options.

How does My Migration Lawyers prepare a Subclass 801 stage for decision?

My Migration Lawyers reviews what was lodged at the Subclass 820 stage, then builds a new evidence file that covers the period since lodgement and explains any change, such as a move, time apart for work or a new child. Where the relationship has ended, the firm assesses whether a family violence, death or child exception applies before anything is sent to the Department. Couples can speak with our partner visa lawyers as the two-year point approaches.