Partner Visa Citizenship Pathway

Written by
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Published
October 5, 2026
41 min read
Reading Time
41 min read
Table Of Contents

Key Takeaways

  • The partner visa to citizenship pathway runs from lodging the combined Subclass 820 and 801 application, to the Subclass 820 grant, to the permanent Subclass 801 grant, and then to Australian citizenship once the general residence requirement is met. The Subclass 801 grant date controls the permanent residence part of that requirement.
  • The general residence requirement has three parts: living in Australia on a valid visa for 4 years immediately before applying, holding a permanent visa for the last 12 months immediately before applying, and not being absent for more than 12 months in total in those 4 years, including no more than 90 days in total in the last 12 months.
  • Time living in Australia lawfully on the Subclass 820 counts towards the 4 years. The 12 months as a permanent resident only starts when the Subclass 801 is granted. Time in Australia as an unlawful non-citizen does not count.
  • The Subclass 820 allows travel, but every day outside Australia counts towards the absence limits. A person who holds only a Bridging visa A should not leave Australia without first being granted a Bridging visa B.
  • The pathway can be broken by avoidable mistakes: being granted another visa while on the Subclass 820, a New Zealand citizen being granted a Subclass 444 at the border, failing to notify changes, or giving false or misleading information.
  • The partner visa stage is where the citizenship timeline is won or lost. Getting the Subclass 820 and Subclass 801 granted correctly, and staying lawful throughout, is what protects the date a person can apply for citizenship.

The partner visa to citizenship pathway is the route most onshore partner visa holders follow to become Australian citizens. This guide explains each stage of the partner visa to citizenship journey, from lodging the onshore Subclass 820 application to the permanent Subclass 801 grant, and then to eligibility for Australian citizenship by conferral.

The short answer is this. A partner visa holder becomes eligible to apply for citizenship once they meet the general residence requirement. That requires 4 years of living in Australia on a valid visa, the last 12 months of it as a permanent resident, within strict absence limits. For most onshore partner visa holders, the date the permanent Subclass 801 is granted decides when that 12 month period starts, so it controls the partner visa to citizenship timeline.

This article is for people who have lodged, or are about to lodge, an onshore partner visa and want to understand how today's decisions affect the date they can become citizens. It explains how residence is counted, how travel affects it, what breaks the pathway, and what to plan from the moment the visa is granted. For the full framework of partner visas, see the firm's complete guide to partner visas in Australia.

How does the partner visa to citizenship pathway work?

The partner visa to citizenship pathway works in two parts: first the person secures permanent residence through the partner visa, and then they satisfy the citizenship residence requirement as a permanent resident. Neither part can be skipped.

The first part is the partner visa itself. An onshore partner visa is applied for as one combined application for two visas: the temporary Subclass 820 partner visa and the permanent Subclass 801 partner visa. The applicant pays one visa application charge at lodgement, which covers both stages. The Subclass 820 is decided first. The Subclass 801 is assessed later.

The second part is citizenship by conferral. A permanent resident can apply once they meet the general residence requirement and the other citizenship criteria. The person must be a permanent resident both when they apply and when the decision is made.

The link between the two parts is the Subclass 801 grant. Until the Subclass 801 is granted, the person is a temporary visa holder. Time on the Subclass 820 can count towards the 4 years of living in Australia, but it cannot count towards the 12 months as a permanent resident. That is why the partner visa to citizenship pathway depends so heavily on getting the permanent stage right.

The difference between the two partner visa stages is explained in detail in the firm's article on Subclass 820 vs Subclass 801.

The five stages from lodging a Subclass 820 to permanent residence

The partner visa to citizenship pathway moves through five stages before citizenship becomes possible: lodgement, the Subclass 820 grant, eligibility for the Subclass 801, the Subclass 801 grant, and permanent residence from that grant date. Each stage has its own risks.

Stage 1: lodging the combined Subclass 820 and 801 application

The applicant must be in Australia when the application is lodged. Family members applying with them must also be in Australia. The application is lodged online through ImmiAccount, and the firm's guide on how to create an ImmiAccount explains the set up.

The visa application charge shown by the Department of Home Affairs is from AUD11,710.00 for most applicants. It covers both the Subclass 820 and the Subclass 801 and is paid once at lodgement. Lower charges apply to some former Prospective Marriage visa holders, and there are additional charges for family members who apply with the main applicant. The firm's article on the cost of a Subclass 820 partner visa explains each charge.

If the applicant held a valid substantive visa when they applied, they are granted a Bridging visa A. It comes into effect if their current visa expires before the partner visa is decided. The firm's guide to Bridging visa A work rights, conditions and travel explains how this works. For the partner visa to citizenship pathway, the Bridging visa A matters because it keeps the person lawful, and lawful time is what counts.

Stage 2: the Subclass 820 grant

The Subclass 820 is a temporary visa. It lets the holder live, work and study in Australia, travel to and from Australia as many times as they want, attend AMEP English classes if eligible, and apply for Medicare. The firm's Subclass 820 visa explainer covers these rights.

The Department can decide the temporary visa while the applicant is in or outside Australia. Once granted, the Subclass 820 replaces the Bridging visa A, and the person holds a substantive temporary visa until the Subclass 801 is decided.

Stage 3: eligibility for the Subclass 801 two years after lodgement

The Department assesses eligibility for the permanent Subclass 801 two years after the combined application was lodged. The Department calls this the date of eligibility. It is counted from lodgement, not from the Subclass 820 grant.

Before that point, the Department usually asks for updated information. This includes a Commonwealth statutory declaration from the sponsor about the relationship, police certificates and, in some cases, new health examinations. The relationship must still be genuine and continuing.

Stage 4: the Subclass 801 grant

The Subclass 801 is the permanent partner visa. It lets the holder live in Australia permanently, access Medicare, sponsor eligible family members, travel to and from Australia for 5 years, and apply for Australian citizenship if eligible. The firm's Subclass 820 partner visa guide explains the requirements for both stages.

Stage 5: permanent resident from the grant date

A person becomes a permanent resident on the day the Subclass 801 is granted. Under the citizenship rules, permanent residence starts on the date the permanent visa was granted while the person was in Australia, or on the date of first entry to Australia on a permanent visa. For an onshore partner visa holder in Australia, that is the Subclass 801 grant date.

From this date the 12 month permanent residence period begins. This is the single most important date in the partner visa to citizenship timeline.

Why the Subclass 801 grant date controls the partner visa to citizenship timeline

The Subclass 801 grant date controls the partner visa to citizenship timeline because the general residence requirement needs 12 months as a permanent resident immediately before applying, and that time cannot start until the permanent visa is granted.

Many partner visa holders have already lived in Australia on valid visas for 4 years or more by the time the Subclass 801 is granted. For them, the 4 year part of the test is already met. The only thing left to wait for is the 12 months as a permanent resident. In practice, that means the earliest citizenship application date for these people is 12 months after the Subclass 801 grant, provided the absence limits are also met.

Other people arrive in Australia shortly before they lodge the partner visa. For them, the 4 year part may still be running when the Subclass 801 is granted. Their earliest date is whichever is later: 4 years of lawful residence, or 12 months after the Subclass 801 grant.

Either way, a delay in the Subclass 801 grant delays the partner visa to citizenship timeline. A refusal of the Subclass 801 stops the pathway entirely unless the refusal is overturned. The firm does not give processing time figures, because they change and vary from case to case, but the firm's articles on Subclass 820 processing times and how long the onshore partner visa takes explain what affects them.

The practical lesson is that the best way to protect the partner visa to citizenship timeline is to make the partner visa itself strong. A well prepared application, kept up to date during processing, is less likely to attract requests, concerns or refusals that push the Subclass 801 grant back. The firm's partner visa lawyers prepare applications with that goal in mind.

The general residence requirement for citizenship

The general residence requirement is the main test for the partner visa to citizenship step. A person meets it if, immediately before applying for citizenship, they have been living in Australia on a valid visa for 4 years, have held a permanent visa for the last 12 months, and have not been absent from Australia for more than 12 months in total in the 4 years, including no more than 90 days in total in the 12 months immediately before applying.

Each part is a separate condition. Meeting one does not excuse failing another.

Four years living in Australia on a valid visa

The first part looks back 4 years from the date the citizenship application is lodged. The person must have been living in Australia on a valid visa throughout that period. Time on a temporary visa, such as a student visa, a visitor visa, a working visa, the Subclass 820 or a bridging visa held while lawfully in Australia, counts as time living in Australia on a valid visa.

What does not count is time in Australia without a visa. Time as an unlawful non-citizen breaks the 4 year period. That point is covered in detail later in this article.

Twelve months as a permanent resident

The second part requires the person to have held a permanent visa for the 12 months immediately before applying. For the partner visa to citizenship pathway, this period starts on the Subclass 801 grant date. Time on the Subclass 820, however long, does not count towards it.

The absence limits

The third part limits time outside Australia. Within the 4 years, total absences must not exceed 12 months. Within the last 12 months, total absences must not exceed 90 days. Both limits apply together. A person can meet the 12 month total but still fail because they spent more than 90 days outside Australia in the final year.

The absence limits apply to time on the Subclass 820 as well as time as a permanent resident. Every trip during processing therefore affects the partner visa to citizenship timeline, even though the Subclass 820 itself allows travel.

Does time on a Subclass 820 count towards citizenship?

Yes. Time living in Australia on the Subclass 820 counts towards the 4 years of living in Australia on a valid visa. It does not count towards the 12 months as a permanent resident, because the Subclass 820 is a temporary visa.

The same applies to time on a Bridging visa A while the person is lawfully in Australia waiting for the Subclass 820 decision. That time is time on a valid visa. Before relying on it, a person should confirm that there were no gaps between visas, because a single day without a visa can create a period of unlawful time.

The firm's article on working while waiting for a Subclass 820 explains how the Bridging visa A operates during this period. For a wider overview of the bridging visa system, see the firm's guide to bridging visas in Australia.

For the partner visa to citizenship plan, the practical step is to keep a record of every visa held, with grant and expiry dates, from first arrival in Australia. That record is the basis for checking the 4 year period later. The firm's 820 visa requirements and documents guide explains which identity and visa history documents the application itself requires, and those same records support the citizenship calculation.

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Worked partner visa to citizenship timelines

The partner visa to citizenship timeline for any person is worked out by finding the later of two points: the date they will have lived in Australia on a valid visa for 4 years, and the date 12 months after the Subclass 801 grant, then checking the absence limits. The examples below are generic illustrations, not real clients, and they deliberately use no calendar dates or processing times.

Example 1: long lawful residence before lodging

A person came to Australia on a student visa and then held a series of further temporary visas without any gap. After several years in Australia they lodged an onshore partner visa with their spouse. They were granted a Bridging visa A, then the Subclass 820, and later the Subclass 801.

By the time the Subclass 801 is granted, this person has lived in Australia on valid visas for well over 4 years. The 4 year part is met. Their partner visa to citizenship timeline is controlled entirely by the Subclass 801 grant date: the earliest date they can apply is 12 months after it, as long as they have not been absent for more than 90 days in that final 12 months and not more than 12 months in total over the 4 years.

Example 2: arrived shortly before lodging

A person entered Australia on a visitor visa, then lodged an onshore partner visa a short time later while their visitor visa was still in effect. The firm's article on moving from a tourist visa to a partner visa in Australia explains what must be checked before doing this, including any no further stay condition.

For this person, the 4 year period started on their arrival. If the Subclass 801 is granted before they have been in Australia for 3 years, the 12 months as a permanent resident will finish before the 4 years do. Their earliest application date is then 4 years after arrival. If the Subclass 801 is granted later than that, the controlling date is 12 months after the grant.

Example 3: frequent travel during processing

A person on the Subclass 820 travels overseas several times to visit family. The visa allows this. Over the 4 years before they plan to apply for citizenship, their trips add up to more than 12 months, or more than 90 days in the final 12 months.

This person does not meet the absence limits on the date they had in mind. Their partner visa to citizenship timeline moves back until enough of the earlier absences fall outside the 4 year and 12 month windows. Nothing was wrong with their partner visa. The delay came from travel alone.

What the examples show

The examples show that the partner visa to citizenship date is not a fixed number of years from lodgement. It depends on when lawful residence started, when the Subclass 801 is granted and how much time was spent overseas. A person who wants to apply at the earliest possible point should plan travel around the absence limits from the day the Subclass 820 is granted.

Long-term relationships: can the Subclass 801 be granted sooner?

Yes. The Department states that the Subclass 801 may be granted in less than 2 years after lodgement if the couple was in a long-term partner relationship at the time of application. Where that happens, the permanent residence period starts earlier, and the partner visa to citizenship timeline is shortened.

The Department's visa page does not itself say how long a relationship must last to count as long-term. Whether a relationship qualifies is decided under the rules and on the evidence. For that reason, a couple who believe they may qualify should make sure the application proves the full length of the relationship from the start. That means clear evidence of when the relationship began, when the couple started living together or married, and how the relationship has continued since.

The firm's guide on preparing evidence of a genuine relationship explains how to document a relationship across its whole history. The partner visa relationship statement is the couple's own account of that history and is where the length of the relationship is first explained.

For long-term couples, the partner visa to citizenship benefit is significant. Earlier permanent residence means the 12 month period starts earlier. In Example 1 above, an earlier Subclass 801 grant would bring the citizenship date forward by the same amount.

Evidence that keeps the partner visa to citizenship pathway moving

The evidence that keeps the partner visa to citizenship pathway moving is evidence of a genuine and continuing relationship across the four aspects the Department assesses: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the couple's commitment to each other.

Weak evidence is one of the most common reasons partner visa decisions are delayed. A request for further information, a concern raised by the case officer or a refusal will each push back the Subclass 801 grant. Each of those delays moves the partner visa to citizenship date by the same amount.

Strong evidence usually includes:

  • Financial aspects. Joint bank statements, a joint mortgage or lease, joint loans for major assets, and household bills in both names.
  • Nature of the household. How the couple shares housework, mail addressed to both partners at the same address, and documents showing living arrangements.
  • Social aspects. Form 888 statements from two witnesses aged 18 or over, joint invitations, friends in common and travel together.
  • Commitment. Knowledge of each other's background and family, combined personal matters, contact when apart, and terms of wills.

The firm's guide to proving a partner visa relationship is genuine and its 820 partner visa evidence checklist explain these categories in detail. Form 888 statements are supporting witness statements, not statutory declarations. The firm's guides on who can make a Form 888 and what it should say and on Form 888 example answers and common mistakes explain how they work.

The Department also says that, because partner applications can take a long time, applicants should update their documents and relationship evidence regularly through ImmiAccount. Updating evidence during processing is one of the simplest ways to protect the partner visa to citizenship timeline. The partner visa document checklist is a useful starting point.

Travel while on the Subclass 820 and how absences count

Travel while on the Subclass 820 is allowed, but every day spent outside Australia counts towards the citizenship absence limits. The Subclass 820 lets the holder travel to and from Australia as many times as they want. It does not stop those trips from affecting the partner visa to citizenship timeline.

Travel while holding the Subclass 820 itself

Once the Subclass 820 is granted, the holder can leave and return without applying for any further visa. The relationship must remain genuine and continuing while they are apart, and the Department expects couples to stay in touch during time apart. Long separations can raise questions at the second stage, so time apart should be explained and supported by evidence of contact.

For citizenship purposes, the practical rule is to keep a travel log with exact departure and return dates. The total must stay within 12 months over the 4 years, and within 90 days in the last 12 months.

Travel while holding only a Bridging visa A

Travel before the Subclass 820 is granted is different. A person who holds only a Bridging visa A must not leave Australia without first being granted a Bridging visa B. If they leave without one, the Bridging visa A ceases on departure and they need another visa to return. The Department can still decide the Subclass 820 while they are outside Australia, but getting back into Australia becomes the problem.

A Bridging visa B must be applied for while the person is in Australia and must be granted before they leave. The applicant must give substantial reasons for wanting to travel, with supporting documents. The Department says to apply no more than 3 months and not less than 2 weeks before the travel date. If the person is outside Australia when the travel period ends, the Bridging visa B ceases and cannot be used to return. The firm's guide to the Bridging visa B explains the process.

For the partner visa to citizenship pathway, a ceased bridging visa creates two risks. It can leave the person stranded outside Australia, and on return it can raise questions about lawful status. Both can delay the partner visa itself.

Time as an unlawful non-citizen does not count

Time in Australia as an unlawful non-citizen does not count towards the 4 years of living in Australia on a valid visa. Only time on a valid visa counts. A person who stayed in Australia after their visa expired, before lodging the partner visa, cannot use that period for citizenship.

This matters most for people who lodged the partner visa without holding a substantive visa. A substantive visa is any visa other than a bridging visa, a criminal justice visa or an enforcement visa. People in this position must usually meet the additional Schedule 3 criteria, or show compelling reasons why those criteria should not be applied. The firm's guides to Schedule 3 criteria for people applying while unlawful and the Schedule 3 partner visa waiver explain the test.

If the partner visa is granted after a Schedule 3 assessment, the time spent unlawful before lodgement still does not count towards citizenship. The 4 year period effectively restarts from when the person next held a valid visa. In practice, that means the bridging visa granted after a valid partner visa application.

The firm acts on these applications through its Schedule 3 waiver partner visa service. For the partner visa to citizenship plan, the key point is that unlawful time is lost time, and it cannot be recovered later.

Why staying lawful during processing protects the partner visa to citizenship pathway

Staying lawful during processing protects the partner visa to citizenship pathway because lawful time is the only time that counts, and because a gap in lawful status can also cause problems with the partner visa itself.

Most applicants stay lawful automatically. A person who held a substantive visa when they lodged receives a Bridging visa A, which comes into effect when their substantive visa ends. Problems arise in a few situations:

  • Leaving Australia without a Bridging visa B. The Bridging visa A ceases and the person cannot rely on it to return.
  • A refused or withdrawn application. If the partner visa is refused and no review is sought within the time allowed, the bridging visa eventually ends and the person can become unlawful.
  • Lodging after a visa has already expired. The person has unlawful time before lodgement and is a Schedule 3 case.
  • A no further stay condition. Condition 8503 prevents a valid application unless a waiver is granted first. The firm's article on applying for a Subclass 820 with condition 8503 explains the waiver step.

Some people without a substantive visa who have had a visa cancelled or refused in Australia may also be limited in which visas they can apply for onshore. The firm's article on applying for a partner visa after a visa refusal explains when an onshore partner visa remains available.

A person who is unsure of their status should check before acting, not after. A single day of unlawful status can affect both the partner visa and the partner visa to citizenship timeline.

The Ministerial discretion for partners of Australian citizens

The Minister has a discretion that can help some partner visa holders who spent time outside Australia as permanent residents. If, when they apply for citizenship, the person is the spouse or de facto partner of an Australian citizen, or the surviving spouse or partner of one, the Minister may treat time spent outside Australia as a permanent resident as time present in Australia as a permanent resident.

The discretion only applies where the time outside Australia was spent during the relationship with the Australian citizen and while the person had a close and continuing association with Australia. Supporting evidence is required. The Department states that the discretion cannot be assessed in advance, so the person only learns whether it has been applied when the citizenship application is decided.

The discretion is limited in an important way for the partner visa to citizenship pathway. It applies to time outside Australia as a permanent resident. It does not convert time on the Subclass 820, before permanent residence, into permanent residence. Most partner visa holders whose sponsor is an Australian citizen will find it useful only if they travel a great deal after the Subclass 801 grant.

There is a separate discretion for cases of significant hardship or disadvantage that can apply to time as a temporary resident. It is narrow and is decided on the facts. Neither discretion is a substitute for planning travel around the absence limits from the start.

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Mistakes that break the partner visa to citizenship pathway

The mistakes that break the partner visa to citizenship pathway are mostly avoidable: being granted another visa while on the Subclass 820, a New Zealand citizen accepting a Subclass 444 at the border, failing to tell the Department about changes, a relationship change before the Subclass 801 is decided, and false or misleading information that comes to light later.

Getting another visa while on the Subclass 820

A Subclass 820 holder should not apply for or be granted any other visa while waiting for the Subclass 801. The Department states that any other visa granted ends eligibility for the Subclass 801. This can happen by accident, for example where a person applies for a different temporary visa to travel or study without realising the effect. The result is that the permanent stage is lost and the partner visa to citizenship pathway ends at that point.

New Zealand citizens and the Subclass 444

New Zealand citizens are usually granted a Special Category visa, Subclass 444, automatically when they arrive in Australia. A New Zealand citizen who holds the Subclass 820 must tell the border officer on arrival that they do not want a Subclass 444. If a Subclass 444 is granted, it overrides the Subclass 820 and ends eligibility for the Subclass 801. For a New Zealand citizen on the partner visa to citizenship pathway, this one conversation at the airport is critical every time they re-enter Australia.

Not telling the Department about changes

Applicants must tell the Department about changes in their circumstances during processing, such as a change of address, a change in relationship status or the birth of a child. Form 1022 is used to notify changes of circumstances, and Form 1023 is used to correct an incorrect answer already given. The firm's guide to Form 1022 change of circumstances explains when it is needed. Failing to notify can lead to inconsistencies that the Department raises later, often at the second stage, when the partner visa to citizenship timeline is most exposed.

Relationship changes before the Subclass 801

The Subclass 801 requires the relationship with the same sponsor to be genuine and continuing when the permanent stage is decided. If the relationship ends before then, the Subclass 801 can generally not be granted. There are limited exceptions, including where family violence has occurred, where the sponsor has died, or where there is a child of the relationship. The firm's article on what happens to a Subclass 820 application if the relationship breaks down explains these options, and the firm acts in these matters through its family violence partner visa practice. A relationship change must be notified and advice obtained promptly, because it changes the whole partner visa to citizenship plan.

False or misleading information found later

Information given in a partner visa application must be true and complete. If false or misleading information is found during processing, it can lead to refusal. If it is found later, it can lead to cancellation of the visa. A cancelled visa ends permanent residence and, with it, the partner visa to citizenship pathway. The firm's visa cancellations page explains the cancellation process. Accuracy at every stage, including in Form 80 personal particulars, is the best protection.

What Tribunal decisions show about accuracy in partner visa applications

Tribunal decisions show that inaccurate or incomplete information in a partner visa application can lead to refusal, and that those refusals can be reviewed. The following decisions come from the Administrative Review Tribunal, and in each one the matter was remitted to the Department for reconsideration.

  • Le (Migration) [2025] ARTA 2423. The issue recorded was incorrect residential information in the visa application. The practical lesson is that addresses must be checked against leases, bills and other documents before lodgement, because the Department compares them.
  • PALASIT (MIGRATION) [2026] ARTA 1914. The issues recorded were false or misleading information, a previous relationship not declared, and the discretion to waive the relevant criterion. The lesson is that previous relationships must be disclosed in full, even where the applicant thinks they are no longer relevant.
  • Pham (Migration) [2026] ARTA 1917. The issues recorded were a remittal from the Federal Circuit and Family Court, false or misleading information, and a previous application with a first husband not declared. The lesson is that earlier visa applications, including those made with a former partner, must be declared.

Each of these issues delayed the partner visa decision while it went to review. On the partner visa to citizenship pathway, delay at the partner visa stage means delay in the citizenship date. The firm's articles on why Subclass 820 visas are refused and why partner visas get refused explain the most common problems.

Where a partner visa is refused, review deadlines are short and strictly applied. The firm's article on partner visa appeal options and its guide to what to expect at an ART review explain the process. The firm handles these matters through its partner visa refusals and visa refusals services.

The second stage: what the Department asks for before the Subclass 801

The second stage is the assessment of the permanent Subclass 801, and it is the step that unlocks the partner visa to citizenship pathway. The Department usually asks for updated relationship evidence, a Commonwealth statutory declaration from the sponsor about the relationship, an Australian Federal Police certificate, and an overseas police certificate for any country where the applicant has spent 12 months or more since the Subclass 820 was granted. Health examinations may be required again.

The Department may send these requests as a section 56 request for more information. The firm's guide on responding to a section 56 request explains how to respond within the time stated. If the Department has concerns, it may send a natural justice letter instead, and the firm's guide on responding to a section 57 natural justice letter explains what is at stake.

Police certificates and health results have limited validity. Police certificates are valid for 12 months for immigration purposes, and health results are valid for 12 months from the date of the examinations. Preparing them at the wrong time can mean they must be redone. A good second stage submission is complete, consistent with the first stage, and lodged promptly, so that the Subclass 801 is not held up.

For couples on the partner visa to citizenship pathway, the second stage is not a formality. It is the decision that starts the 12 month permanent residence clock.

The five-year travel facility and the Resident Return visa

The Subclass 801 allows the holder to travel to and from Australia for 5 years from the grant date. After that, a permanent resident who wants to leave and return needs a Resident Return visa.

For most people on the partner visa to citizenship pathway, the 5 year travel facility is more than enough. They become eligible for citizenship well within that period. The issue arises for people who delay their citizenship application, or whose eligibility is delayed by absences. If the travel facility expires and they are overseas, they need a Resident Return visa to come back.

This is one reason not to put off the citizenship application once eligible. A person who becomes a citizen no longer depends on the travel facility. A person who stays a permanent resident for many years must keep track of it.

Being in Australia when the citizenship decision is made

In most cases, a person applying for citizenship by conferral must be in Australia when the decision on the application is made. They must also still be a permanent resident at that time and intend to live in Australia or maintain a lasting link with Australia.

For the partner visa to citizenship pathway, this means that travel plans should be considered again after the citizenship application is lodged. A long trip overseas around the time of the decision can cause problems, and the person must not have done anything in the meantime that affects their permanent residence.

Citizenship fees and character

Citizenship application fees usually increase on 1 July each year. The firm does not state a figure here because it changes, and the current fee should be checked with the Department at the time of applying. A person who becomes eligible shortly before 1 July may wish to apply before the increase.

Character also matters at the citizenship stage. The citizenship application includes its own character assessment, separate from the one done for the partner visa. Conduct after the Subclass 801 grant can affect it. A person on the partner visa to citizenship pathway should treat character as an ongoing requirement, not something that ends when permanent residence is granted.

A partner visa to citizenship planning checklist from the grant

A partner visa to citizenship plan should start on the day the Subclass 820 is granted, not on the day the person becomes eligible for citizenship. The following steps keep the pathway on track:

  • Record every visa. Keep a list of every visa held since first arrival, with grant and expiry dates, and confirm there were no gaps.
  • Keep a travel log. Record exact departure and return dates for every trip, and check the totals against the 12 month and 90 day limits.
  • Keep the relationship evidence current. Add new joint documents and evidence of the household and social life to ImmiAccount during processing.
  • Notify changes promptly. Use Form 1022 for changes in circumstances and Form 1023 to correct earlier errors.
  • Do not apply for another visa. Any other visa granted while on the Subclass 820 ends eligibility for the Subclass 801.
  • Prepare for the second stage. Expect requests for police certificates, a sponsor statutory declaration and updated evidence around the date of eligibility.
  • Mark the Subclass 801 grant date. The 12 month permanent residence period starts on that day.
  • Check eligibility before applying for citizenship. Recount the 4 years, the 12 months and the absence limits on the actual date of application.

The firm's Subclass 820 visa service page explains how the firm handles the partner visa stages that come before citizenship.

Partner visa issues that can affect permanent residence

Some partner visa issues are not about citizenship directly, but they can stop permanent residence and therefore the partner visa to citizenship pathway. Two of the most significant are sponsorship limitations and prior visa history.

A sponsor must be approved, and some sponsors are limited in whether they can sponsor a partner, for example because of previous sponsorships or certain criminal convictions. The firm's article on when a sponsor cannot sponsor a partner visa explains the rules, and the firm acts in these cases through its sponsorship limitations practice.

Prior visa history is the other issue. Previous refusals, cancellations or undeclared applications can surface during the partner visa assessment. A person who lodged their own partner visa and is now worried about the second stage can obtain a review of the file. The firm's articles on hiring an immigration lawyer after lodging your own application and getting a second opinion from an immigration lawyer explain how that works. Appointing a representative is done with Form 956.

Help with the partner visa stage wherever you live

My Migration Lawyers acts for partner visa applicants across Australia, and consultations are held by video. The firm has dedicated pages for partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, Hobart, the Gold Coast and Parramatta. For guidance on choosing representation, see the firm's articles on choosing a partner visa lawyer and on when you need an immigration lawyer for a partner visa.

How My Migration Lawyers protects the partner visa to citizenship timeline

My Migration Lawyers protects the partner visa to citizenship timeline by getting the partner visa itself right: securing the Subclass 820 and the Subclass 801 correctly, keeping the applicant lawful and well advised during processing, and dealing quickly with any request, concern, refusal or relationship change that could delay permanent residence. The firm's practice is partner visas, and it acts in many onshore partner visa matters, including complex cases with prior refusals, Schedule 3 issues, sponsorship limitations and difficult evidence.

The firm's work on a partner visa matter usually follows these steps:

  • Reviewing the history first. The firm reviews the applicant's visa history, lawful status, prior applications and relationship history before anything is lodged, so that issues are identified at the start rather than raised by the Department later.
  • Preparing the combined application. The firm prepares the Subclass 820 and 801 application with the couple's own relationship statement and evidence, presented in the form the law requires, with Form 888 statements and documents organised across the four aspects of the relationship.
  • Advising on status and travel. The firm advises on bridging visas, whether a Bridging visa B is needed before travel, and how trips during processing affect the partner visa to citizenship timeline.
  • Managing updates during processing. The firm advises on what evidence to add and which changes must be notified, so the file stays accurate and current.
  • Preparing the second stage. The firm prepares the Subclass 801 submission, coordinates police certificates and updated evidence, and responds to any section 56 request.
  • Dealing with problems. Where a natural justice letter, refusal or relationship change arises, the firm prepares the response, the review application and the legal submissions.

The firm's partner visa practice is overseen by its Principal Lawyer, Weiwei Zhang. The firm's services are set out on the partner visa lawyers page, and more about the firm is on the about page. Where a matter is already in difficulty, the firm's visa appeal lawyer guide explains what happens next.

If you are on the partner visa to citizenship pathway and want your partner visa prepared, reviewed or protected at the second stage, book a consultation with My Migration Lawyers. You can also call 1300 040 300.

Frequently Asked Questions

How long does it take to go from a partner visa to citizenship?

The time from a partner visa to citizenship depends on three things: when lawful residence in Australia started, when the Subclass 801 is granted, and how much time was spent overseas. A person must have lived in Australia on a valid visa for 4 years, held a permanent visa for the last 12 months, and stayed within the absence limits. For many onshore applicants, the earliest date is 12 months after the Subclass 801 grant. There is no fixed number of years from lodgement, because processing times vary.

Does time on a Subclass 820 count towards Australian citizenship?

Yes. Time living in Australia on the Subclass 820 counts towards the 4 years of living in Australia on a valid visa. It does not count towards the 12 months as a permanent resident, because the Subclass 820 is a temporary visa. Time on a Bridging visa A while lawfully in Australia, waiting for the partner visa decision, also counts as time on a valid visa. The 12 month permanent residence period only starts on the Subclass 801 grant date.

When do I become a permanent resident on a partner visa?

You become a permanent resident on the day the Subclass 801 is granted. The Subclass 820 is a temporary visa, so holding it does not make you a permanent resident, however long you hold it. Under the citizenship rules, permanent residence starts on the date the permanent visa was granted while you were in Australia, or the date you first entered Australia on a permanent visa. That date is the start of the 12 months as a permanent resident needed for citizenship.

What is the general residence requirement for citizenship?

The general residence requirement has three parts. You must have been living in Australia on a valid visa for 4 years immediately before applying. You must have held a permanent visa for the last 12 months immediately before applying. You must not have been absent from Australia for more than 12 months in total in those 4 years, including no more than 90 days in total in the 12 months immediately before applying. All three parts must be met on the day you apply.

Can I travel overseas while on the Subclass 820?

Yes. The Subclass 820 lets you travel to and from Australia as many times as you want. However, every day outside Australia counts towards the citizenship absence limits, which allow no more than 12 months in total over 4 years and no more than 90 days in the last 12 months. Long trips can therefore push back the partner visa to citizenship date. Time apart from your partner should also be explained with evidence of contact.

Can I travel if I only hold a Bridging visa A?

You should not leave Australia on a Bridging visa A alone. A person holding only a Bridging visa A needs a Bridging visa B, granted before departure, to leave and return during a set travel period. Without one, the Bridging visa A ceases when you leave and you need another visa to come back. The Department says to apply for a Bridging visa B no more than 3 months and not less than 2 weeks before travel, with substantial reasons and supporting documents.

Does time as an unlawful non-citizen count towards citizenship?

No. Time in Australia as an unlawful non-citizen does not count towards the 4 years of living in Australia on a valid visa. Only time on a valid visa counts. A person who stayed in Australia after their visa expired, before lodging a partner visa, cannot use that period. If the partner visa is granted later, the countable period generally runs from when the person next held a valid visa, such as the bridging visa granted after a valid application.

Can the Subclass 801 be granted earlier than two years?

Yes. The Department states that the Subclass 801 may be granted in less than 2 years after lodgement if the couple was in a long-term partner relationship when the application was made. Ordinarily, eligibility for the Subclass 801 is assessed two years after the combined application was lodged. An earlier Subclass 801 grant starts the permanent residence period earlier, which can bring the partner visa to citizenship date forward. The length of the relationship must be proved with evidence.

What happens if I get another visa while on the Subclass 820?

Being granted another visa while on the Subclass 820 ends your eligibility for the Subclass 801. The Department states this directly. This can happen by accident, for example if a person applies for a different visa to travel or study. If the permanent stage is lost, the partner visa to citizenship pathway ends at that point, because permanent residence is never reached. Anyone considering another visa application while on the Subclass 820 should obtain advice first.

I am a New Zealand citizen on a Subclass 820. What should I do at the border?

Each time you arrive in Australia, tell the border officer that you do not want a Special Category visa, Subclass 444. New Zealand citizens are usually granted a Subclass 444 automatically on arrival. If one is granted while you hold the Subclass 820, it overrides the Subclass 820 and ends your eligibility for the Subclass 801. That would end the partner visa to citizenship pathway at the permanent stage, so the issue must be raised at every arrival.

What if the relationship ends before the Subclass 801 is granted?

If the relationship ends before the Subclass 801 is decided, the permanent visa can generally not be granted on the relationship. There are limited exceptions, including where family violence has occurred, where the sponsor has died, or where there is a child of the relationship. The change must be notified to the Department. Because a relationship change affects whether permanent residence can be reached at all, advice should be obtained promptly on whether any exception applies.

Can time overseas as a permanent resident be treated as time in Australia?

In some cases, yes. If you are the spouse or de facto partner of an Australian citizen when you apply for citizenship, the Minister may treat time spent outside Australia as a permanent resident, during that relationship and while you had a close and continuing association with Australia, as time in Australia. Supporting evidence is required and it cannot be assessed in advance. The discretion does not apply to time on the Subclass 820 before permanent residence.

Do I need to be in Australia when my citizenship application is decided?

In most cases, yes. A person applying for citizenship by conferral must usually be in Australia when the decision is made. They must also be a permanent resident when they apply and when the decision is made, and intend to live in Australia or maintain a lasting link with Australia. Travel after lodging a citizenship application should therefore be planned carefully, so that the person is in Australia at the time of decision.

What is the Resident Return visa and when do I need one?

The Resident Return visa is the visa a permanent resident needs to leave and return to Australia after their original travel facility has expired. The Subclass 801 allows travel to and from Australia for 5 years from the grant date. Most people on the partner visa to citizenship pathway become eligible for citizenship well within that period. A Resident Return visa becomes relevant for those who delay applying for citizenship or remain permanent residents for longer.

Do citizenship fees change?

Yes. Citizenship application fees usually increase on 1 July each year. The current fee should be checked with the Department of Home Affairs at the time of applying, because figures published earlier may no longer be correct. A person who becomes eligible for citizenship shortly before 1 July may wish to lodge before the increase. The partner visa application charge, paid at lodgement of the Subclass 820 and 801, is separate and does not cover citizenship.

Can false information in my partner visa affect citizenship later?

Yes. False or misleading information in a partner visa application can lead to refusal if found during processing, and to cancellation of the visa if found later. A cancelled visa ends permanent residence, and with it the partner visa to citizenship pathway. Character is also assessed again at the citizenship stage. Previous relationships, earlier visa applications and addresses must be disclosed accurately, and any incorrect answer should be corrected with Form 1023 as soon as it is discovered.

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Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer

Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.

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