Requirements For Australian Onshore Subclass 801 Visa

A permanent resident visa known as the Australian spouse/partner SC 801 visa enables you to live, work and study in Australia indefinitely.

The usual pathway is the grant of SC 820 visa as a first step and then SC 801 visa in final step.

But this may not be a case due to processing time and law relating to 2 years commencement of processing time for SC 801 visa. Unlike SC 482 visa, the 3 years commencement only starts from the grant of SC 482 visa. Any delay in grant of the SC 482 affects the grant of the SC 186 visa. In spouse/partner SC 801 visa, after 2 years of lodgment of SC 820/801 visa, both the SC 820 and SC 801 can be granted at the same time.

Any Exception for Grant of SC 801 Visa Earlier?

It may be possible in following scenarios:

  • You and your spouse/partner have been married or cohabiting for at least two years and have a kid together.
  • You and your spouse/partner have been married or living together for a minimum of at least three years and do not have any children together.

Requirements for SC 801 Visa Eligibility

  • You must continue to be the spouse/partner of the same person who sponsored you for the SC 820 visa.
  • Have a genuine and continuing relationship.
  • Live together, or not live permanently separately and apart.
  • Be mutually committed to a shared life excluding other partners.
  • If you or any family members (including those who don’t apply for the visa with you) owe the Australian government money, you or they must have paid it back or have an approved arrangement in place to pay it back.
  • Held SC 820 visa or SC 445.
  • Must demonstrate best interest of the child if child under 18. 

Document Requirements Checklist for Subclass 801 Visa

You must provide the following documentation:

  • Identity documents

Provide the personal details page of your most recent passport. This page must show your signature.

  • Character documents

Provide an Australian police certificate if you have spent a total of 12 months or more in Australia in the last 10 years since you turned 16.

National Police Certificates issued by the Australian Federal Police must have complete and full disclosure. The Department will not accept standard disclosure certificates or national police certificates issued by Australian state or territory police.

You also need an overseas police certificate from every country, including your home country, where you spent a total of 12 months or more in the last 10 years since you turned 16.

You may need military service records or discharge papers if you served in the armed forces of any country.

For immigration purposes, police certificates are valid for 12 months from the issue date.

You must also complete and attach to your application Form 80.

  • Evidence of your relationship

You need to provide evidence you are still in a relationship with your partner.

This evidence must show that:

  1. You have a mutual commitment with your spouse or de facto partner to the exclusion of all others.
  2. Your relationship is genuine and continuing.
  3. You live together or don’t live permanently apart.
  4. You are not related by family.

You can also provide further information in support of your visa application. You can provide:

  • Relationship documents.
  • Supporting evidence of your relationship.

Relationship documents Checklist

Please complete and attach Statutory Declaration – Partner Visa (Sponsor) Form.

If you are married, provide your marriage certificate or other evidence that your marriage is valid in Australia.

If you are a de facto partner, provide proof of your de facto relationship.

Supporting evidence of your relationship

To show you are still in a relationship with your spouse or de facto partner, you can provide the below supporting evidence of your relationship.

  • Finances

Evidence you and your partner share financial matters. Evidence can include:

  • joint mortgage or lease documents.
  • joint loan documents for major assets like homes, cars or major appliances.
  • joint bank account statements.
  • household bills in both names.

 Your Household

Evidence you and your partner share domestic matters. Evidence can include:

  1. Statement about how you share housework.
  2. Household bills in both names.
  3. Mail or emails addressed to you both.
  4. Documents that show joint responsibility for children.
  5. Documents that prove your living arrangements.

 Social matters

Evidence that others know about your relationship.

Evidence can also include:

  1. Please provide at least 2 witness statements done by completing Form 888.
  2. Joint invitations or evidence you go out together.
  3. Proof you have friends in common.
  4. Proof you have told government, public or commercial bodies about your relationship.
  5. Proof you do joint sporting, cultural or social activities together.
  6. Proof you travel together.

 Commitment

Evidence you are committed to a long-term relationship with each other. Evidence must show that you:

  • Have knowledge of each other’s background, family situation or other personal details.
  • Have combined your personal matters.
  • Stay in touch when apart.
  • Not related by family.

You Should Keep in Mind

  • You must have all non-English documents translated into English. Translators in Australia must be accredited by the National Accreditation Authority for Translators and Interpreters. Translators outside Australia do not have to be accredited.
  • You must scan or photograph all documents (English and non-English) in colour. The scans and photos must be legible. If a document is more than one page, save it all as one file.
  • If your situation has changed since you applied for your SC 801 visa, you must complete and attach Form 1022 in your application.
  • If you have a new or updated passport or changed your address, you must complete Form 929.

Next Step

The above overview of SC 801 visa is only for brief understanding of visa process. It Is not legal advice. You need to consult lawyer before you take any decision on lodging your visa.

 This spouse/partner visa is very complex visa even though it may seem simple in face value. You need to gather significant number of documents to establish genuine and continuing relationship. You need to properly present your case to the Department.

Now you know the brief overview of the spouse/partner visa, do you want to get the ball rolling on your visa application?  If yes, plan your appointment right now.

Make an Appointment