The Australia 801 Visa is an essential pathway to permanent residency for individuals in a genuine and ongoing relationship with an Australian citizen or permanent resident. If you’ve applied for the temporary partner visa (subclass 820), the 801 visa allows you to transition to permanent residency after meeting eligibility requirements. While the visa opens doors to a variety of benefits, one of the most critical aspects to consider is its processing time. In this blog, we’ll walk you through everything you need to know about the Australia 801 Visa, including its benefits, eligibility, and processing time.
What Is the Australia 801 Visa?
The Australia 801 Visa, a permanent partner visa, is a significant step for individuals who are married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa is part of the Partner visa process (subclasses 820 and 801) and is applied for after a successful 820 visa grant.
Key Benefits of the Australia Spouse Visa
With the 801 Visa, holders gain a range of privileges, including:
- Live, Work, and Study: You can live, work, and study anywhere in Australia.
- Access to Medicare: You’ll have access to Australia’s public healthcare scheme, which provides essential medical services.
- Sponsor Family Members: As a permanent resident, you can sponsor eligible family members to come to Australia.
- Free English Classes: Eligible visa holders can attend free English language classes via the Adult Migrant English Program.
Understanding the Processing Time for the Australia 801 Spouse Visa
The processing time for the 801 Visa starts once you become eligible, which is two years after applying for the temporary Partner visa (subclass 820). The processing time can vary depending on several factors, such as the complexity of your application and the completeness of the documents provided. Let’s dive deeper into the factors that influence the processing time and what you can expect.
Typical Processing Time
- Eligibility Date: The processing time for your 801 visa will begin after the 2-year eligibility period following your subclass 820 visa application. During this time, the Department of Home Affairs assesses your relationship and verifies the information you’ve provided.
- Government Guidelines: While processing times are provided as general guidelines by the Department of Home Affairs, they can vary significantly. Generally, applications are processed within 12 to 24 months after eligibility. However, some cases may take longer due to various factors, such as complications in documentation or requests for additional evidence.
Factors Affecting Processing Times
- Application Completeness: If your application is incomplete or missing key documents, it could delay the processing time. Ensure that all forms are filled out correctly and that you provide all necessary supporting documents.
- Verification Delays: The process can be delayed if the Department of Home Affairs needs more time to verify your details, including health and police checks.
- Complex Cases: Some cases may involve complex assessments, which can lead to longer processing times. If there is any ambiguity regarding your relationship or if additional information is required, your application may take more time to process.
When to Check Your Application Status
You can track the status of your 801 visa application through ImmiAccount, the official portal for managing Australian visa applications. Regular updates regarding your visa progress, including any requests for additional documentation, will be sent through this platform.
If you haven’t received any updates for an extended period, it’s advisable to reach out to the Department of Home Affairs for more information. Just remember that all visa applications are assessed on a case-by-case basis.
What Can Cause Delays in the Australia 801 Spouse Visa Processing Time?
There are several reasons why your application might take longer than expected:
- Incorrect or Incomplete Applications: Ensure all fields are filled out correctly and that you submit all required documents. Missing documents or mistakes in your application can significantly delay the process.
- Additional Information Requests: The Department of Home Affairs may request further evidence or documentation to process your application, which can add to the overall timeline.
- Verification of Information: Processing times may also increase if the department requires additional time to verify your health, police checks, or other personal details.
Travel on the 801 Spouse Visa Australia
The 801 Visa offers substantial travel flexibility. After the visa is granted, you can travel freely to and from Australia for 5 years. You can check the details on the Visa Entitlement Verification Online (VEVO) system.
Family Members and the Australia 801 Visa
If you have a dependent child, you can include them in your 801 Visa application, but they must first hold a Dependent Child visa (subclass 445). This step is crucial, as you cannot add family members to your application after the permanent visa has been granted.
If your child is born after you have submitted your application, you must notify the Department of Home Affairs promptly.
Eligibility and Relationship Requirements
To be eligible for the 801 Visa, you must meet specific relationship requirements. These include:
- Being married or in a de facto relationship.
- Living together or being committed to a shared life, excluding other spouses.
- Maintaining a genuine and ongoing relationship.
If your relationship changes, you might still be eligible for a permanent visa. In such cases, it’s essential to inform the Department of Home Affairs about any significant changes in your circumstances.
Tips to Speed up the Processing of Your Australia 801 Visa
While processing times vary, there are several steps you can take to ensure a smoother and faster application process:
- Ensure Complete and Accurate Documentation: Double-check your application for completeness and accuracy before submission. Missing or incorrect documents can cause delays.
- Proactively Manage Health and Police Checks: Complete your health and police checks early, as waiting for these results can sometimes delay your application.
- Consult a Migration Agent: If you’re unsure about any aspect of your application or if your case is particularly complex, consider seeking the help of a registered migration agent.
The Australia 801 Visa provides a significant opportunity for spouses of Australian citizens and permanent residents to secure permanent residency in Australia. While processing times can vary, understanding the steps involved and being well-prepared can help you navigate the application process with greater ease. Remember to stay patient, follow the instructions carefully, and seek professional assistance if necessary.
By staying proactive, you can reduce the chances of delays and increase the likelihood of a successful and timely application for your 801 Visa.
Frequently Asked Questions (FAQs)
How long does it take to get the 801 Visa after the 820 Visa?
The processing time for the 801 Visa typically starts two years after you apply for the temporary Partner Visa (subclass 820) and can take anywhere from 12 to 24 months, depending on the circumstances.
Can I add family members to my 801 Visa application later?
No, you cannot add family members to your application after the permanent Partner visa (subclass 801) has been granted. However, dependent children can be added earlier through the Dependent Child visa (subclass 445).
What should I do if my relationship changes during the application process?
If your relationship ends or if your spouse passes away, you may still be eligible for the 801 Visa. It’s important to notify the Department of Home Affairs of any significant changes in your circumstances.
West Highlander Immigration
Increase your chances of a successful Australia spouse visa by consulting MARA agent, Ms. Parwinder Kaur at West Highlander Immigration. She has all the up-to-date knowledge about the Australia immigration rules, thus reducing the risk of mistakes while applying for a spouse visa Australia.