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801 Visa

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  • Purpose of the 801 Visa

    The visa subclass 801 visa is a permanent partner visa.  Basically, it is meant for couples in which one partner is a resident of Australia, and they would like to have their non-Australian partner be able to immigrate and join them.

    This partner visa 801 is only one part of a multi-step process, so it takes a certain amount of planning and time to complete, but remember that the immigration experts at The Migration Place are here to assist you!  We’ve helped a great deal of couples be legally united by obtaining the 801 partner visa, and our experience can be used to help you successfully submit your application as soon as possible.  Moreover, we understand that being geographically separated can be quite difficult and upsetting for couples, so we make sure that time is a high priority when assisting you in this case.

    Continuation of the Subclass 820 Visa

    Before being able to obtain the visa subclass 801, the applicant must first hold the 820 visa.  The 820 is a temporary partner visa that is given 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.

    However, if the relationship comes 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 government continues to follow this process is to prevent couples from falsifying relationships in an attempt to simply get a visa.

    Benefits of the Visa Subclass 801

    The 801 visa is a permanent visa, so it grants the holder the right to stay in Australia indefinitely.  Additionally, they are free to both 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 requirements that make them eligible.  Even more, this visa allows the holder to be able to receive certain social security funds.  It even allows for unlimited international travel for five years, but then the holder will be required to obtain a different type of visa to continue to be allowed to freely enter and exit Australia.

    Requirements for the 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).

    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 safe character to prove that the applicant won’t be a danger to Australian society.  If you are worried that you don’t satisfy any of these requirements, we recommend that you seek professional assistance because many of the requirements have exceptions, and an immigration lawyer usually knows the most successful ways of how to prove these.

    Appealing a Denial of the Partner Visa 801

    If you apply for either stage of the partner visa, the visa subclass 801 or 820, it’s possible that it could be denied.  However, before you panic you should know there are steps that can be taken to appeal this decision, and as long as you are in a genuine relationship, you will probably be successful.  But, it’s very difficult to overturn a second denial, so it’s extremely wise to speak with an immigration lawyer in these situations to make sure you don’t make any additional errors to cause more problems in your future.

    For all matters concerning 801 visa applications, contact our team at The Migration Place today.