Australia Confirmatory (Residence) Visa (Subclass 808): Requirements and Process

Overview of Australia Confirmatory (Residence) Visa (Subclass 808)

If you are a non-citizen of Australia and you wish to stay in the country permanently, you may be eligible to apply for the Australia Confirmatory (Residence) Visa (Subclass 808). This visa subclass is designed for individuals who have already been granted a permanent visa but have not yet been able to enter Australia to activate it.

The Australia Confirmatory (Residence) Visa (Subclass 808) allows you to enter Australia and activate your permanent visa. This visa subclass is typically granted to individuals who have been sponsored by an employer or a family member, or who have been granted a humanitarian visa.

To be eligible for the Australia Confirmatory (Residence) Visa (Subclass 808), you must meet certain requirements. These include:

  • You must have been granted a permanent visa but have not yet entered Australia to activate it
  • You must be able to provide evidence of your permanent visa grant
  • You must meet any health and character requirements
  • You must not have any outstanding debts to the Australian government
  • You must not have had a visa cancelled or refused while you were in Australia

Once you have been granted the Australia Confirmatory (Residence) Visa (Subclass 808), you will be able to enter Australia and activate your permanent visa. This will allow you to stay in the country permanently and enjoy all the benefits of being an Australian permanent resident.

It is important to note that the Australia Confirmatory (Residence) Visa (Subclass 808) is only valid for a single entry to Australia. Once you have entered the country and activated your permanent visa, you will no longer be eligible to use this visa subclass.

In conclusion, the Australia Confirmatory (Residence) Visa (Subclass 808) is an important visa subclass for individuals who have been granted a permanent visa but have not yet been able to enter Australia to activate it. If you meet the eligibility requirements, this visa subclass can provide you with a pathway to permanent residency in Australia.

Eligibility Criteria

To be eligible for the Australia Confirmatory (Residence) visa (subclass 808), you must meet certain requirements. In this section, we will discuss the different eligibility criteria for this visa subclass.

Residence Requirement

To be eligible for the Confirmatory (Residence) visa (subclass 808), you must be a permanent resident of Australia. This means that you must have a valid permanent resident visa or have been granted a permanent resident visa in the past.

Character Requirement

You must also meet the character requirements set by the Australian government. This means that you must not have a substantial criminal record or pose a threat to the Australian community.

Dependent Child Status

If you are a dependent child of an Australian permanent resident or citizen, you may be eligible for the Confirmatory (Residence) visa (subclass 808). You must be under 18 years of age and not married or in a de facto relationship.

Work and Community Connection

You may also be eligible for this visa subclass if you have a strong connection to Australia through work or community ties. This could include having a job in Australia, being involved in community activities, or having family members who are Australian permanent residents or citizens.

It is important to note that this visa subclass is only available to non-citizens who are already in Australia. If you are outside of Australia, you may need to apply for a different visa subclass to enter the country.

Overall, the eligibility criteria for the Australia Confirmatory (Residence) visa (subclass 808) are designed to ensure that only those who have a strong connection to Australia and who meet the character requirements are granted permanent residency.

Application Process

If you are looking to apply for an Australia Confirmatory (Residence) visa (subclass 808), you must follow the application process outlined by the Department of Home Affairs. This visa is designed for people who have already been granted a permanent residence visa but have not yet been granted a permanent resident status. Here is a breakdown of the application process:

Department of Home Affairs Application

To apply for this visa, you must submit an application to the Department of Home Affairs. You can apply online or by mail. The application should include all necessary documents, such as identity documents, evidence of your permanent residence visa, and any other documents that may be required.

Processing Time and Charges

The processing time for this visa can vary depending on a number of factors, such as the completeness of your application and the number of applications received by the Department of Home Affairs. It is recommended that you submit your application well in advance of your intended travel date to allow for processing time.

In addition to the processing time, there is also a visa application charge that must be paid when submitting your application. The current visa application charge for the Australia Confirmatory (Residence) visa (subclass 808) is AUD 1,020. This fee is subject to change, so be sure to check the Department of Home Affairs website for the most up-to-date information.

Overall, the application process for the Australia Confirmatory (Residence) visa (subclass 808) is straightforward, but it is important to ensure that you have all the necessary documents and meet all the requirements before submitting your application. By following the guidelines set out by the Department of Home Affairs, you can increase your chances of a successful application.

Rights and Restrictions

If you are granted a Confirmatory (Residence) visa (subclass 808), you will enjoy certain rights and privileges while living and working in Australia. However, you will also be subject to certain restrictions that you need to be aware of.

Live and Work in Australia

With a Confirmatory (Residence) visa (subclass 808), you will be able to live and work in Australia permanently. This means that you can work for any employer in any occupation and study in Australia. You will also be eligible for Medicare, which is Australia’s public health care system. You can also sponsor eligible family members for permanent residency.

However, there are some restrictions that you need to be aware of. For example, you will not be eligible for certain social security benefits, such as unemployment benefits. You will also not be able to vote in Australian elections unless you become an Australian citizen.

Travel Component

A Confirmatory (Residence) visa (subclass 808) comes with a Travel Component that allows you to travel in and out of Australia for up to 5 years from the date of grant. You can also return to Australia as many times as you want during this period. However, you must ensure that you meet the visa requirements each time you enter Australia.

It is important to note that if you leave Australia after the initial 5-year period, you will not be able to return to Australia as a permanent resident unless you apply for and are granted a Resident Return visa.

Overall, a Confirmatory (Residence) visa (subclass 808) gives you the right to live and work in Australia permanently, but also comes with certain restrictions that you need to be aware of. Make sure that you understand the conditions of your visa and comply with them to avoid any issues.

Special Provisions

If you are applying for an Australia Confirmatory (Residence) visa (subclass 808), there are special provisions that may apply to you. These provisions include Norfolk Island provisions, provisions for New Zealand citizens and partner visa holders, and provisions for traditional custodians and Aboriginal peoples.

Norfolk Island Provisions

If you are a resident of Norfolk Island, you may be eligible for special provisions when applying for an Australia Confirmatory (Residence) visa (subclass 808). These provisions include the Norfolk Island Entry Permit and the Immigration Permit. The Norfolk Island Entry Permit is a document that allows you to enter Australia, while the Immigration Permit is a document that allows you to stay in Australia.

New Zealand Citizens and Partner Visa Holders

If you are a New Zealand citizen or a partner visa holder, you may be eligible for special provisions when applying for an Australia Confirmatory (Residence) visa (subclass 808). These provisions include the ability to apply for a subclass 808 visa while you are in Australia, as well as the ability to apply for a subclass 808 visa if you have previously held a subclass 461 New Zealand Citizen Family Relationship visa.

Traditional Custodians and Aboriginal Peoples

If you are a traditional custodian or an Aboriginal person, you may be eligible for special provisions when applying for an Australia Confirmatory (Residence) visa (subclass 808). These provisions recognize the unique cultural and historical ties that Aboriginal and Torres Strait Islander peoples have to Australia. They also acknowledge the contributions that these communities have made to Australia’s social, cultural, and economic development.

Overall, if you are applying for an Australia Confirmatory (Residence) visa (subclass 808), it is important to be aware of these special provisions. They can help you navigate the visa application process and ensure that you are able to fully exercise your rights as an applicant.

If you are interested in the Confirmatory (Residence) visa (subclass 808), you may also want to know about other visa subclasses that are related to it. Here are some of the most relevant ones:

Provisional Resident Return Visa (Subclass 159)

The Provisional Resident Return Visa (Subclass 159) is a temporary visa that allows you to travel in and out of Australia as a permanent resident. This visa is designed for people who have already been granted a permanent visa, but their travel facility has expired or is about to expire.

Special Category Visa (Subclass 444)

The Special Category Visa (Subclass 444) is a temporary visa that allows New Zealand citizens to live and work in Australia indefinitely. This visa is automatically granted to New Zealand citizens upon arrival in Australia, and it does not require an application process.

Subclass 801 Visa and Aged Parent

The Subclass 801 Visa and Aged Parent visa are both permanent visas that allow you to live and work in Australia indefinitely. The Subclass 801 Visa is for people who are in a married or de facto relationship with an Australian citizen or permanent resident, while the Aged Parent visa is for parents of Australian citizens, permanent residents, or eligible New Zealand citizens who meet certain age and health requirements.

Overall, these visa subclasses are relevant to the Confirmatory (Residence) visa (subclass 808) because they all relate to the ability to live and work in Australia as a permanent resident. If you are interested in any of these visas, you should research their specific requirements and application processes to determine which one is right for you.

To understand the legal framework of the Australia Confirmatory (Residence) visa (subclass 808), it is important to look at the relevant legislation and regulations. The two main pieces of legislation that govern immigration in Australia are the Migration Regulations 1994 and the Migration Act 1958.

Migration Regulations 1994

The Migration Regulations 1994 outline the requirements and procedures for obtaining a visa to enter and remain in Australia. The regulations cover a wide range of visa subclasses, including the Confirmatory (Residence) visa (subclass 808).

To be eligible for the subclass 808 visa, you must have already been granted a temporary visa and be able to satisfy the criteria for permanent residency. This includes meeting the health and character requirements, as well as demonstrating that you have a genuine intention to reside in Australia.

Migration Act 1958

The Migration Act 1958 is the primary legislation that governs immigration in Australia. It sets out the legal framework for the administration of visas and the management of migration in Australia. The Act establishes the powers and responsibilities of the Minister for Immigration and Border Protection and the Department of Home Affairs.

Under the Act, the Minister has the power to grant or refuse visas, cancel visas, and make decisions on matters relating to immigration. The Act also includes provisions for review of visa decisions, including merits review and judicial review.

In summary, the legal framework for the Australia Confirmatory (Residence) visa (subclass 808) is governed by the Migration Regulations 1994 and the Migration Act 1958. These regulations and legislation outline the requirements and procedures for obtaining a visa and provide the legal framework for the administration of visas and the management of migration in Australia.

Frequently Asked Questions

Is subclass 820 a permanent visa?

No, subclass 820 visa is a temporary visa that allows you to stay in Australia with your partner until a decision is made on your permanent visa application.

What is subclass 800 visa Australia?

Subclass 800 visa is a Partner visa that allows you to stay in Australia with your partner if you are married, in a de facto relationship, or in a registered relationship.

Is subclass 801 a permanent resident?

Yes, subclass 801 visa is a permanent visa that allows you to stay in Australia with your partner permanently if you have already held a subclass 820 visa for at least two years.

How long does it take from 820 to 801?

The processing time for subclass 820 to 801 visa application varies depending on individual circumstances. However, the average processing time is around 21 to 28 months.

Retirement visa Australia 2023

There is no specific Retirement visa subclass in Australia. However, you may be eligible for a subclass 405 Investor Retirement visa or a subclass 410 Retirement visa if you meet certain criteria.

Special Category visa to permanent resident

Special Category visa (SCV) is a temporary visa that allows New Zealand citizens to live and work in Australia indefinitely. However, SCV holders are not eligible for permanent residency in Australia.

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