From 820 to 801: What Happens at the Permanent Stage of a Partner Visa

The onshore partner visa is a two stage process. You lodge one application for both the temporary 820 and the permanent 801 visa, and pay one charge. The 801 stage is a fresh look at your relationship, so it pays to prepare. For the offshore equivalent, see the 309 and 100 visas.

When the 801 is assessed

Under the regulations, at least 2 years must generally have passed since the combined application was lodged before the 801 can be granted. The clock starts at lodgement. If your 820 took a year to process, the 801 may be only a year away. The 820 stays in effect until the 801 is decided. See how long it takes to get the 801.

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A fresh relationship assessment

The Department’s instructions say the second stage is a new assessment of whether the relationship is genuine and continuing, based on evidence at the time of decision. Officers may interview you. Updated evidence across the four aspects of the relationship is essential.

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Health and character

• health checks are not usually repeated if you were cleared at the first stage, unless your health has changed or there are integrity concerns;
• penal clearances are needed for any country you have lived in for a total of 12 months or more since the 820 was granted;
• health and character checks are generally valid for 12 months, so delays can mean redoing them.

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Adding children

A child born in Australia to an 820 holder is generally covered automatically, and is often an Australian citizen by birth. Other dependent children can be added to the 801 stage through a dependent child visa followed by a written request. See adding children to a partner visa.

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If the relationship has ended

If the relationship ends before the 801 is decided, the 801 is generally refused. The exceptions are where the sponsor died and you have close ties to Australia, where you or a child suffered family violence committed by the sponsor, or where there is a child of the relationship with custody or access arrangements and a sponsor obligation. See relationship breakdown and withdrawing your 801.

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What you should do now

• Diarise the date: note the date 2 years after you lodged your combined application.
• Update your evidence: collect fresh joint financial, household and social evidence.
• Organise police checks: obtain checks for any country you lived in for 12 months or more since the 820 grant.
• Tell the Department of changes: update your address, family details and any new children.