Can a subclass 801 visa be granted while outside Australia?
I have seen this question being asked many times in various places, and some people give the wrong answer to the person asking.
The ACTUAL answer, from the Immigration Department website is:
For the subclass 801 visa “You can be in or outside Australia when we decide on your permanent Partner visa.”
This can be seen at this screenshot, and the direct link to the relevant page at: immi.homeaffairs.gov.au/…/permanent-801
The confusion for the people who get it wrong, might be thinking about the subclass 820.
For the subclass 820 visa “You must be in Australia when we decide your temporary visa application“.
This can be seen at: immi.homeaffairs.gov.au/…/temporary-820
The Subclass 801 Partner visa (Permanent) allows the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia permanently.
The subclass 801 is usually applied for by people who currently hold a subclass 820 temporary Partner visa. It can be applied for from the date 24 months after the date the subclass 820 was APPLIED for.
Can a subclass 801 visa be applied for while outside Australia?
This question is slightly tricky, as there are technically two application stages for the 801 visa.
When you submit the original subclass 820 application, that is also technically an 801 application also.
However, 2 years after submitting the 820 application, and having received the subclass 820 grant, most people need to submit the subclass 801 second stage application, and it is this one that most people are asking if they need to be onshore for.
You only need to be onshore for the initial 820/801 application.
The “Stage 2 – Permanent Partner Visa Assessment” application can be done from offshore.
Note: Immigration can start assessing you for the permanent visa two years after you lodged your initial 820/801 visa application. You can attach the documents up to one month before that two years date. Do not attach them before that date.
Also, do not forget to upload a Statutory Declaration by the Sponsor. Many people seem to miss that, and wait longer to be eventually reminded.
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