The subclass 801 is the permanent stage of Australia's onshore partner visa, and it is not a new application. It is the second decision on the combined application lodged for the temporary subclass 820 and the permanent subclass 801 at the same time, under the one visa application charge. The Department of Home Affairs says of the 801 that "you paid for this visa when you made your applications for the temporary and permanent Partner visas", and that it is "usually only for people who currently hold a temporary Partner visa (subclass 820)". This page sets out when the permanent stage is assessed, what has to be true at that point, what it gives you, and what happens when the relationship has not lasted.
When Is the 801 Assessed? The Two-Year Eligibility Point
The 801 is assessed two years after the combined partner visa application was made, not two years after the 820 was granted. What happens at that point.
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801 Visa Documents and Evidence Update
What to provide at the 801 stage — updated relationship evidence for the whole period since lodgement, fresh statements, and what not to redo unprompted.
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Long-Term Relationship Exemption: Going Straight to the 801
If you were in a long-term partner relationship when you applied, the Migration Regulations remove the two-year wait for the permanent subclass 801 visa.
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801 Visa Processing Time
How long the permanent subclass 801 takes, why the clock starts at the two-year eligibility point, and where to check the Department's current published times.
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From the 801 to Australian Citizenship
What the permanent 801 gives you, how the residence requirement for citizenship by conferral works, and why the two years on the 820 count differently.
Read the guide →Key facts
The 801 is decided on the application you already made. You become eligible for consideration two years after that application was lodged, not two years after the 820 was granted. You must still hold the 820 (or a subclass 445) at the time, and in most cases must still be in a genuine and ongoing relationship with the same sponsor.
What is the subclass 801 visa?
The subclass 801 lets the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia permanently. Legally, the 820 and the 801 are one application for a Partner (Residence) (Class BS) visa with two subclasses inside it. The Department grants the temporary 820 first, then returns to the same file to decide the permanent 801. Nothing is re-lodged, no new charge is payable, and the application number stays the same.
That structure explains most of what confuses people about the 801. There is no separate "801 application date", because there is only one application. There is no second sponsorship, because the Migration Regulations require the applicant to continue to be sponsored by the same sponsoring partner specified in the 820 application. And there is no way to change sponsor mid-stream: the Department states that "the person who sponsors you when you apply for the visa must be the same person who sponsors you for 2 years after we grant your temporary Partner visa (subclass 820)". See how the 820 and 801 work together.
Who is eligible for the 801?
The Department's own summary is short: you must hold a subclass 820 visa or a Dependent Child (subclass 445) visa, and "in most cases, continue to be in a genuine and ongoing relationship with your sponsor". Behind that sit the criteria in Schedule 2 of the Migration Regulations 1994, all of which are assessed at the time of decision — the subclass 801 has no criteria to be satisfied at time of application at all. The standard pathway requires that you hold the 820, that you continue to be sponsored by the sponsoring partner, that you are the spouse or de facto partner of that person, and that at least two years have passed since the application was made. Health, character and public interest criteria are also assessed again at this stage.
The visa-holding requirement is the trap. The Department's advice is headed "Do not get another visa": to get the 801 you must hold the 820 or the 445, and "if you are granted any other visa, you will no longer be eligible for the grant of the permanent Partner visa (subclass 801)". That is a criterion, not something the Department can overlook. It catches New Zealand passport holders who are automatically granted a Special Category visa (subclass 444) on arrival unless they tell the border officer they hold a temporary Partner visa and do not want one, and it catches people who accept an employer-sponsored or student visa while waiting, thinking of it as a safety net. Take advice before accepting any other visa grant.
When is the 801 assessed?
Two years after the combined application was made. The Department's wording is that "you are eligible for consideration of a permanent Partner visa two years after you first applied for the temporary and permanent Partner visas", and that date is visible in ImmiAccount. That is the date of lodgement, not the date of grant of the 820 — for applicants who waited a long time for the temporary visa, the eligibility point can arrive very soon after the 820 is granted, or even before it. The mechanics, and what the Department sends you at that point, are on when the 801 is assessed.
There is an exception written into the Regulations. Where the applicant was in a long-term partner relationship with the sponsoring partner at the time the application was made, the two-year requirement does not apply and the permanent visa can be considered without that wait. Regulation 1.03 defines that term by reference to how long the relationship has continued, with a shorter period where there is a dependent child of both partners. The detail, and how the period is measured, is on long-term relationship exemption.
How long does the 801 take?
The Department says the processing time for the permanent Partner visa "starts from the date of eligibility", so the queue does not begin at lodgement. Partner applications are processed according to Ministerial Direction 117, which sets family visa processing priorities, and indicative times for recently decided applications are published in the Department's visa processing times guide tool — a guide only, in the Department's words, and not specific to any individual application. No current figure is quoted here, because the published figures move. See 801 processing time.
What evidence does the second stage need?
Evidence that the relationship has continued since you lodged — not a repeat of the file you sent two years ago. The Department's guidance during the temporary stage is to "update your documents and evidence of your relationship regularly through ImmiAccount", and that habit is what makes the second stage straightforward. The four headings used to assess a partner relationship do not change between the stages — the financial aspects, the nature of the household, the social context and the nature of your commitment to each other. What changes is the period they must cover.
In practice the permanent stage usually calls for a fresh statement about the relationship since lodgement, updated financial records, evidence of where and how you have been living, and updated statutory declarations from Australian citizens, permanent residents or eligible New Zealand citizens who know the relationship. Personal documents expire: police certificates are valid for 12 months from the date of issue for immigration purposes and health assessment results are valid for 12 months, so either may be requested again. See 801 stage documents and relationship evidence.
Children born since lodgement should be notified. A dependent child not included at the start cannot simply be added: the route is a Dependent Child visa (subclass 445) first, then inclusion in the 801 application while the child is in Australia, using Form 1002. See including children in your application.
What does the 801 let you do?
Everything the 820 allowed, plus three things it did not. On the permanent visa you can live, work and study in Australia indefinitely; you can sponsor eligible family members; and you can apply for Australian citizenship if you are eligible. The visa also permits travel to and entry into Australia for five years from the date of grant, after which continued travel depends on a resident return visa — a point worth diarising rather than discovering at an airport. See travelling on a granted 820 for travel before that point, and from the 801 to citizenship for the next step.
What if the relationship has ended?
The permanent visa can still be granted in defined circumstances, and this is where the Regulations do real work. Three exceptions matter most.
- Family violence. Where the relationship has ceased and the applicant, or a dependent child of the applicant or the sponsoring partner or both, has experienced family violence committed by the sponsoring partner, the permanent visa may still be granted. The Department must first be satisfied that the relationship was genuine and ongoing before it ended, and that family violence took place in the relationship; where it is not satisfied that family violence occurred, it refers the claim to an independent expert who contacts the person for an interview. See family violence provisions and the Department's Family violence provisions page. Support services exist, and time limits in this area are short.
- Death of the sponsor. Where the applicant would meet the ordinary requirements except that the sponsoring partner has died, the visa may still be granted if the Minister is satisfied the applicant would have continued to be the spouse or de facto partner of the sponsoring partner had they not died. See if your sponsor dies.
- A child of the relationship. Where the relationship has ceased and there is at least one child in respect of whom custody, access, a residence or contact order under the Family Law Act 1975, or a formal maintenance obligation, exists in the terms the Regulations describe, the permanent visa may still be considered. See the child of the relationship provision.
If a relationship ends, the Department expects to be told, and there is a Notification of Relationship Cessation form in ImmiAccount. If the relationship ends explains the sequence and what to do first.
Getting the permanent stage right
An application taken through the permanent stage by an Australian migration lawyer is more likely to succeed. The 801 is where good cases fail for procedural reasons: two years of silence in ImmiAccount and then a thin bundle, a request for further information answered after the deadline, an out-of-date police certificate, a second visa accepted in good faith that quietly extinguished eligibility, or a claim under the family violence or child-of-the-relationship provisions put together without knowing what the Regulations require. Working with a migration lawyer explains what a migration lawyer does and how to check one.
If your two-year mark is approaching, read when the 801 is assessed next, then start pulling together 801 stage documents before the Department asks.
Common questions
Do I have to apply separately for the 801 visa?
No. The 801 was applied for at the same time as the temporary 820, in one combined application with one charge. There is no second application and no second fee. Two years after that combined application was made you become eligible for consideration of the permanent visa, and the Department asks you for updated evidence at that point.
How much does the 801 visa cost?
Nothing further in visa application charges. The Department of Home Affairs says you paid for the permanent Partner visa when you made your applications for the temporary and permanent Partner visas. You may still have costs that are not part of the charge, such as police certificates, medical examinations, certified translations or professional fees.
What happens if I am granted a different visa while I hold the 820?
You lose your eligibility for the permanent visa. The Department is explicit that to be granted the subclass 801 you must hold the subclass 820, or a Dependent Child visa (subclass 445), and that if you are granted any other visa you will no longer be eligible for the grant of the permanent Partner visa. This is why New Zealand passport holders are told to tell the border officer that they hold a temporary Partner visa and do not want a Special Category visa.
Can I get the 801 if my relationship has ended?
Sometimes. The Migration Regulations allow the permanent visa to be granted after the relationship with the sponsoring partner has ceased in defined situations, including where the applicant or a child has experienced family violence committed by the sponsoring partner, or where there is a child of the relationship and certain custody, access or maintenance arrangements exist. A separate provision covers the death of the sponsoring partner. These are technical criteria with short practical timeframes, and advice is worth getting quickly.
Does the 801 lead to Australian citizenship?
The 801 makes you an Australian permanent resident, which is the status from which citizenship by conferral is normally applied for. Permanent residence is not citizenship, and citizenship has its own residence, character and other requirements that the Department sets out separately.
Unregistered agents
An unregistered agent who gives immigration assistance is acting illegally (Migration Act 1958 s 280). They carry no professional indemnity insurance, so if their mistake costs you a refusal, your fees or your pathway, there is no insurer to claim against. A practising Australian lawyer must hold that insurance.