How long does it take to get 801 visa after 820

Exceptions

While regulations stipulate that applicants must wait two years between Subclass 820 and Subclass 801, this is not always the case. In limited circumstances, applicants can bypass the two-year waiting period.

• Subclass 801 can be granted if the applicant is in a long-term relationship with the sponsor. A long-term partner relationship is defined as:
  • The applicant and the sponsor have a dependent child and they have been together for not less than two years, or
  • In any other case, the partner and the sponsor have been together for at least three years.
• If the sponsor died after the grant of Subclass 820, the applicant may not have to wait two years for the grant of Subclass 801. DoHA will still consider genuineness of relationship before granting the visa.
• If the applicant is successful in their claims of family violence, the applicant is not required to wait out the two years.
• If the case involved issue of custody of the applicant and sponsor’s child, the applicant may not have to wait for two years.

In most cases, you will have to write to DoHA informing them your change of circumstances.

Above are the possible exceptions to the two years waiting period.

Important update: English Test for Permanent Stage of Partner Visas & Partner visa changes ahead- 2021

The new changes to Sponsored family visa’s, were not implemented for Partner visas. If the changes were implemented, it would mean that Sponsorships must be lodged first and approved before Partner visas can be lodged. This change would have adversely impacted onshore Partner visa applicants wanting to lodge a visa application prior to their substantive visa expiring. The sponsorship application will be assessed separately and will need to be approved before a valid Partner visa application can be lodged. 

If you are planning to apply for a Partner visa we recommend booking an appointment to discuss and understand how these changes may impact you.