Australia’s Department of Home Affairs has outlined five key conditions foreign spouses and de facto partners must satisfy before they can be granted permanent residency through the Partner visa (Subclass 801).
The permanent Partner visa is the second and final stage of the Australian partner visa process for eligible spouses or de facto partners of Australian citizens, permanent residents or eligible New Zealand citizens.
1. Hold an Eligible Visa
Applicants generally need to already hold a temporary Partner visa (Subclass 820) or a Dependent Child visa (Subclass 445) before they can be considered for the permanent Partner visa.
Applicants must also meet the required waiting period. In most cases, at least two years must have passed from the date they originally applied for the combined Subclass 820 and 801 visas.
However, the Department may consider granting permanent residency earlier where the applicant and sponsoring partner can demonstrate that they were already in a long-term relationship when the original application was lodged.
2. Continue to Meet Relationship Requirements
Applicants are generally expected to remain in a genuine relationship with the same partner who sponsored their temporary visa.
However, special provisions may apply where the relationship has ended because of domestic or family violence, or where the sponsoring partner has died.
3. Meet Health Requirements
Applicants and relevant family members must continue to satisfy Australia’s health requirements. Further medical examinations may be requested where necessary.
4. Clear Financial Obligations
Applicants must have no outstanding debts to the Australian government, or must have made an acceptable arrangement to repay any debts.
5. Consideration for Applicants Under 18
For applicants under 18, Australian authorities will consider whether granting the permanent visa is in their best interests.
Once approved, the Subclass 801 visa provides permanent residency in Australia from the date it is granted.
