Is an 801 Visa the Correct Choice for You?
If you are considering applying for an 801 visa, you should contact us. The 888 Migration team of agents would be delighted to answer all your questions about the 801 visa, Australian visa requirements, and the application process. We can also help you to fill in and lodge your visa application form.
When considering a partner visa, you will be faced with a number of options. From the 801 to the 309, how do you determine which is the correct choice for you? Here is an essential guide to the different partner visas to determine which is the best fit for your circumstances.
Provisional Partner Visas:
The first stage of being granted a partner visa is to apply for a provisional subclass of visa. In the case of partner visas, there are two visa application form routes; the 820 and 309. The choice of which visa applies depends on whether you are onshore or offshore. The 820 visa is for applicants who are currently living in Australia, while the 309 is for those who are outside of Australia. Both these subclasses of visa are provisional and are granted on the basis of an indefinite period. They are intended to be superseded by a permanent partner visa. These visas are conditional on the provision that the applicant is living in a de facto relationship with their partner or spouse.
Permanent Visas:
After approximately two years from the date of applying for a temporary visa, partner visa applicants are assessed against the Department of Immigration criteria for a permanent visa. Again, there are two types of permanent visa; the 801 visa for onshore applicants and the 100 for offshore visa applicants. In order to qualify for being granted a permanent visa, the provisional visa holder needs to show that they are still living in their de facto relationship and that it is intended to continue. If the department feels that the criteria is satisfied, holders of the 820 visa are then granted an 801 visa, or a 100 visa is granted to holders of a 309 visa.
What Happens Next:
After a permanent partner visa has been granted the applicant can enjoy unconditional residency in Australia. This means that the visa holder is entitled to live in Australia indefinitely regardless of whether they remain in the same relationship with their current partner. This visa application route applies to same sex and heterosexual couples, allowing the visa holder the option to become a citizen at a later date.