Partner Visa Subclass 801
The My Migration Lawyers Difference
Affordable fees
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Instalment payment options
Pay professional fees in manageable instalments throughout your matter.
Experienced lawyers
Experienced representation for visa applications, refusals, cancellations and judicial reviews.
Complex matter capability
Experienced representation when complications, refusals, cancellations or judicial reviews arise.
Two-day
cooling-off period
You receive a two-business-day cooling-off period after signing the costs agreement.
When are you eligible for the Subclass 801 visa?
Under clause 801.221 of the Migration Regulations 1994, the standard Subclass 801 criteria are that:
There is no second application and no second application charge in the standard case. The Department reopens the Subclass 801 stage and asks for updated information. See When Can I Apply for the 801 Permanent Partner Visa?, What Is the Difference Between the 820 and 801 Visas? and Subclass 820 vs Subclass 801: What's the Difference and When Do You Apply for Each?
Get Advice on Your Subclass 801 Second Stage
Can the Subclass 801 be granted without waiting 2 years?
Circumstance | What it means |
|---|---|
Long-term partner relationship | A relationship of at least 3 years when the application was made, or at least 2 years with a dependent child of both partners. The Subclass 801 can be granted straight after the Subclass 820. |
The sponsor has died | The relationship would have continued if the sponsor had not died. |
Family violence | The relationship has ended and the sponsor committed family violence against the applicant or a family member. |
A child of the relationship | The relationship has ended and the applicant has custody or access rights to a child of the sponsor. |
What evidence does the Subclass 801 second stage need?
What happens to the Subclass 801 if the relationship ends?
Family violence
The family violence provisions can allow the Subclass 801 to be granted. See Family Violence Partner Visa Lawyers
The sponsor has died
The Subclass 801 can be granted if the relationship would have continued. See Partner Visa After Partner Death: Options and Evidence.
A child of the relationship
Custody or access rights to a child of the sponsor can support grant. See How Do I Tell Home Affairs Our Relationship Has Ended?
What happens if the Subclass 801 is refused?
See My 801 Was Refused. What Happens to My 820 and My Right to Stay? and Partner Visa Second Stage Refusal: Review Rights and Options.
How does My Migration Lawyers help with the Subclass 801 visa?
1. Check eligibility
We check whether you meet the standard criteria or one of the exceptions.
2. Plan the evidence
We tell you what evidence the last 2 years need to show.
3. Prepare the statements
We help you update your relationship statement and the Form 888 statements.
4. Update the Department
We make sure every change in circumstances has been reported correctly.
5. Handle a changed relationship
We advise on family violence, death of a sponsor and child custody cases.
6. Respond to the Department
We respond to any request or concern before the decision.
7. Act on a refusal
If the Subclass 801 is refused, we advise on review and act within the time limit.
Why choose My Migration Lawyers for the Subclass 801?
Why choose My Migration Lawyers for the Subclass 801?
We know clause 801.221
We focus on the last 2 years
We handle changed circumstances
We act on review
Subclass 801 Visa Frequently Asked Questions
Is the Subclass 801 a permanent visa?
Yes. It is a permanent visa, with travel rights for 5 years from grant.
Do I pay a second application charge for the Subclass 801?
Not in the standard case. See Is the Permanent Partner Visa Stage Included in the Application Charge?
Can I be outside Australia when the Subclass 801 is granted?
Yes. The Subclass 801 can be granted in or outside Australia.
Do I need to hold the Subclass 820 to get the Subclass 801?
Yes, in almost every case. If the Subclass 820 is cancelled, get advice straight away.
Can the Subclass 801 be refused before 2 years have passed?
Yes. The Department can refuse the Subclass 801 at any time if the criteria cannot be met.
Can a permanent partner visa be cancelled?
Yes, in some circumstances. See Can a Permanent Partner Visa Be Cancelled?
My partner visa has been processing for over two years. What now?
Can a lawyer help with the Subclass 801 stage?
Who Reviewed This Page
Weiwei Zhang