Partner Visa Second Stage Documents

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

Key Takeaways

  • Partner visa second stage documents are the updated evidence the Department asks for when it assesses the permanent Subclass 801 visa: proof that the relationship has continued since lodgement across the four assessed aspects, Form 888 supporting statements, current police certificates and, where relevant, documents about children, identity changes and any change in circumstances.
  • The permanent stage is generally assessed once at least two years have passed since the combined Subclass 820 and Subclass 801 application was made, and the Department usually sends a reminder email about 22 months after lodgement inviting the applicant to upload information through ImmiAccount.
  • The Subclass 801 decision is a fresh assessment of the relationship at the time of decision, so partner visa second stage documents must cover the period since lodgement, not repeat what was provided two years earlier.
  • Police certificates are required for each country where the applicant has lived for a total of 12 months or more since the Subclass 820 visa was granted, and health examinations are generally not repeated unless the Department has a specific reason to ask.
  • If the relationship has ended because of family violence by the Australian partner, if the Australian partner has died, or if there is a child of the relationship with custody or access arrangements, the permanent visa may still be granted, but the partner visa second stage documents are very different.
  • My Migration Lawyers prepares partner visa second stage documents for couples across Australia, reviews the evidence against the Subclass 801 criteria before it is uploaded and deals with complex permanent stage cases.

Partner visa second stage documents are the documents the Department of Home Affairs asks for before it decides the permanent Subclass 801 visa. The partner visa second stage documents show that the relationship is still genuine and continuing, that the applicant still meets the character requirements, and that the Department has current details for everyone in the application.

Most couples lodge a combined application for the temporary Subclass 820 visa and the permanent Subclass 801 visa at the same time. The temporary visa is decided first. The permanent visa is decided later, usually about two years after lodgement. That later decision is what people call the second stage, and it depends almost entirely on the partner visa second stage documents the couple provides.

This guide explains when the second stage happens, how the Department asks for the partner visa second stage documents, exactly what to provide, what changes when the relationship has ended or the Australian partner has died, and what leads to a refusal at the permanent stage. It is written for couples who already hold a Subclass 820 visa or are waiting for one. If you need help now, our partner visa lawyers regularly prepare second stage submissions.

What are partner visa second stage documents?

Partner visa second stage documents are the updated evidence and forms the applicant gives the Department so it can decide whether to grant the permanent Subclass 801 visa. They are not a new visa application. They are further information provided under the combined application that was lodged at the start.

The legal reason for the partner visa second stage documents is simple. The Subclass 801 criteria are assessed at the time of decision, not at the time of application. The Department's own policy says that, before a Subclass 801 visa is granted, the applicant must show that they continue to meet the definition of a spouse or partner, and that this is a fresh assessment based on the evidence before the decision maker at the time of decision. What the couple proved two years earlier is the background. What matters at the second stage is what has happened since.

In practical terms, partner visa second stage documents fall into five groups:

  • updated evidence of the relationship covering the period since lodgement, organised around the four aspects the Department assesses;
  • Form 888 supporting statements from people who know the couple;
  • police certificates and any other character documents the Department asks for;
  • documents about family members, including children born or added since lodgement; and
  • updates about identity, contact details, passports and any change in circumstances.

Each group is explained in detail below. The partner visa document checklist covers what is needed at lodgement. This article is about what comes later.

When is the second stage of a partner visa assessed?

The second stage of an onshore partner visa is generally assessed once at least two years have passed since the combined Subclass 820 and Subclass 801 application was made. Paragraph 801.221(2)(d) of Schedule 2 to the Migration Regulations 1994 requires that at least two years have passed since the application was made before the standard permanent visa can be granted.

The two years run from the date of lodgement, not from the date the Subclass 820 visa was granted. This matters because many couples wait a long time for the temporary visa. Where the Subclass 820 visa is granted late, the second stage can follow quickly, and the partner visa second stage documents may be needed within months of the first grant.

The Department's published processing guide

The Department of Home Affairs publishes a visa processing times guide. As at October 2026, the Department's guide for the Partner visa (Subclass 820) states that 50% of applications are processed in 22 months and 90% are processed in 30 months. The Department updates this guide regularly, so couples should check the current figure on the Department's website. Our article on how long the Subclass 820 visa takes explains how the guide works and what affects an individual case.

Because the temporary stage can take close to two years or longer, it is common for the temporary visa to be granted at or after the point when the second stage is already open. In that situation the partner visa second stage documents are requested soon after, or even together with, the decision on the temporary visa. Couples who read our guide to onshore partner visa timing will see why planning for the second stage early is sensible.

When the two-year wait does not apply

The two-year wait does not apply in four situations set out in clause 801.221:

  • Long-term relationship. Under subclause 801.221(6A), if the couple were in a long-term partner relationship when the application was made, the Subclass 801 visa can be granted immediately after the Subclass 820 visa. Regulation 1.03 defines a long-term partner relationship as a relationship of at least three years, or at least two years if there is a dependent child of both partners (other than a step-child).
  • Death of the Australian partner. Under subclause 801.221(5), the permanent visa can be granted at any time if the Australian partner has died since the Subclass 820 visa was granted and the other criteria are met.
  • Family violence. Under subparagraph 801.221(6)(c)(i), the permanent visa can be granted at any time where the relationship has ended and the applicant, or a dependent child, has suffered family violence committed by the Australian partner.
  • Child custody or access. Under subparagraph 801.221(6)(c)(ii), the permanent visa can be granted at any time where the relationship has ended and there is a child for whom both partners have custody, access or maintenance rights or obligations.

In a long-term relationship case the partner visa second stage documents are often requested at the same time as the temporary stage is assessed, because both visas may be decided together. The other three exceptions are discussed later in this guide.

How does the Department ask for partner visa second stage documents?

The Department usually sends a reminder email to the applicant about 22 months after the application was lodged, telling the applicant that they can now be considered for the Subclass 801 visa and asking them to upload information through ImmiAccount. That is the process described in the Department's procedural instructions for the Subclass 801 visa.

The email goes to the address the applicant nominated for correspondence. If an authorised recipient or migration representative was appointed using Form 956 or Form 956A, the correspondence may go to that person instead. Couples who have changed email address since lodgement often never receive the reminder. That is one of the most common reasons partner visa second stage documents are not provided on time.

The ImmiAccount Stage 2 form

The Department's partner visa frequently asked questions explain the online step. The applicant logs in to ImmiAccount, selects "New application" and then "Family", and chooses "Stage 2 - Permanent Partner Visa Assessment (100, 801)". The applicant then completes the online form using the existing application ID and attaches the partner visa second stage documents. If you no longer have access, our guide on how to create an ImmiAccount explains how to set one up and import the application.

The Stage 2 form is not a new visa application and no new visa application is made. It is the way the Department collects the updated information for the application that already exists. Some couples are confused by the "New application" label and worry that they are starting again. They are not.

Requests for more information during the second stage

After the partner visa second stage documents are uploaded, the case officer may ask for more. The Department can request further information under section 56 of the Migration Act 1958. A section 56 request will set a deadline. If the case officer has information that may lead to a refusal, the Department may instead put that information to the applicant for comment under section 57. Our guide to the section 57 natural justice letter explains how to respond to that kind of letter.

The Department may also interview one or both partners at the second stage. Its policy allows a decision maker who has concerns about the relationship to make further enquiries, including interviewing both partners and examining additional documentation. Couples should treat any second stage interview as seriously as the first.

Can you upload documents before you are asked?

Yes. Couples can provide partner visa second stage documents once the two-year point has passed, even before the reminder email arrives. The Department's frequently asked questions describe permanent stage assessment as available to a temporary partner visa holder once two years have passed since the application. Providing a complete set of partner visa second stage documents early can help the case officer decide the permanent visa without a further request.

Uploading documents before the two-year point is generally not useful. The decision is made on the evidence at the time of decision, so evidence uploaded too early may need to be updated again.

What happens to the Subclass 820 visa while the second stage is assessed?

The Subclass 820 visa stays in effect while the Department assesses the permanent stage. It does not expire on a fixed date. It continues until the Subclass 801 visa is granted, or until the application is refused or withdrawn and the applicant is notified.

That means the applicant keeps the work and study rights that came with the Subclass 820 visa while the partner visa second stage documents are assessed. Our article on work rights during the Subclass 820 stage explains the position before the temporary visa is granted. Couples still waiting for the temporary visa will usually hold a Bridging Visa A, and travel on a bridging visa needs a Bridging Visa B. Our overview of bridging visas in Australia covers the full set.

The Subclass 801 visa can be granted whether the applicant is in or outside Australia. However, the Department's policy notes that if the applicant is outside Australia when the permanent visa is refused, they cannot apply for merits review, because a review application must be made in Australia. Applicants who travel during the second stage should keep that risk in mind.

For readers who want the two stages side by side, our guide to Subclass 820 vs Subclass 801 sets out the differences, and the onshore Subclass 820 visa guide explains the temporary stage in depth. For the offshore pathway, the same two-stage design applies to the Subclass 309 visa and the permanent Subclass 100 visa, and the permanent stage is assessed in a similar way.

Who has to provide partner visa second stage documents?

The primary applicant provides most partner visa second stage documents, but the Australian partner usually has to provide evidence too. Paragraph 801.221(2)(b) requires that the applicant continues to be sponsored by the same Australian partner, and paragraph 801.221(2)(c) requires that the applicant continues to be that person's partner. The Australian partner's own documents, such as payslips, leases and identity documents, are therefore part of the evidence.

Secondary applicants included in the application, usually dependent children, may also need to provide documents. Each family member who is an applicant must meet the public interest criteria, including the character criteria, and the primary applicant cannot be granted the visa unless those family members meet them too. This is sometimes called the "one fails, all fail" rule.

The Australian partner who sponsored the applicant remains the sponsor at the second stage. A different person cannot become the sponsor, because the Subclass 801 visa depends on the same relationship that supported the Subclass 820 visa. The Department's policy states that the relationship that is the basis for the permanent visa must be the same relationship that led to the temporary visa being granted. If that relationship has ended, the second stage is assessed under the special provisions discussed later, not under the standard rule.

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The complete list of partner visa second stage documents

The partner visa second stage documents the Department expects in a standard case are updated relationship evidence across the four aspects, Form 888 supporting statements, police certificates, and any documents needed to update identity, family and contact details. The exact list in each case depends on what the Department asks for and on what has changed since lodgement.

The list below is a practical guide to the partner visa second stage documents most couples need. It is not a downloadable checklist, and it is not a substitute for reading what the Department has actually requested in your case. Every Department request should be read carefully, and anything it specifically asks for must be provided.

Updated evidence of the relationship

The most important partner visa second stage documents are those showing that the relationship has continued since lodgement. Regulation 1.15A of the Migration Regulations 1994 requires the Department to consider all the circumstances of the relationship, including four aspects: 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.

These four aspects are not separate statements and they are not separate forms. They are the headings the Department uses to assess the relationship. The evidence for each aspect is explained in our guide to partner visa relationship evidence, and our article on preparing evidence of a genuine relationship explains how decision makers weigh it. The 820 partner visa evidence checklist sets out the evidence used at the first stage, much of which is updated at the second.

Financial aspects of the relationship

Financial partner visa second stage documents show how the couple has shared money and financial responsibility since lodgement. Useful evidence includes:

  • recent statements for joint bank accounts, showing both partners using the account for ordinary expenses;
  • evidence of shared bills such as electricity, gas, internet and phone, ideally in both names;
  • a lease in both names or a mortgage, property title or loan in joint names;
  • evidence of joint assets, such as a car, insurance policies or investments;
  • evidence of nominating each other as beneficiaries of superannuation or insurance; and
  • evidence of one partner supporting the other financially, for example during study, parental leave or illness.

Statements should cover the whole period since lodgement, not only the last month. A joint account opened just before the second stage, with little activity, carries limited weight. A joint account used steadily for two years carries far more.

Nature of the household

Household partner visa second stage documents show that the couple live together and share the running of the home. The strongest evidence is usually documents addressed to both partners at the same address, spread across the period since lodgement. Examples include:

  • the current lease or property documents, and any earlier leases if the couple has moved;
  • utility and council correspondence to both partners at the shared address;
  • government correspondence, such as tax, Medicare or electoral enrolment records, showing the same address;
  • evidence of shared care of children or other family members living in the home; and
  • a short explanation of how household responsibilities are divided, included in the couple's own account.

Where the couple has lived apart for part of the period, for example because of work in another city or caring for a parent overseas, the partner visa second stage documents should explain why and show how the relationship continued during that time. Our article on what happens if the relationship breaks down explains the difference between a temporary separation and the end of a relationship.

Social aspects of the relationship

Social partner visa second stage documents show that the couple is known as a couple to family, friends and the community. Useful evidence includes:

  • photographs together at family events, celebrations and trips since lodgement, with dates and short descriptions;
  • invitations, cards and messages addressed to both partners;
  • evidence of travel together, such as bookings and boarding passes;
  • evidence of joint memberships, social activities or community involvement; and
  • the Form 888 supporting statements discussed below.

Photographs should be selective. A small number of clearly dated photographs taken at different times across the two years is far more useful than hundreds of images from a single day.

Nature of the commitment

Commitment partner visa second stage documents show that the couple intends to stay together for the long term. This aspect is usually proved by the overall pattern of the evidence and by the couple's own account. Relevant documents include evidence of joint plans such as buying a home, wills naming each other, evidence of caring for each other during illness, and evidence of combining lives in other ways, such as planning a family or supporting each other's careers.

The Department applies the same four aspects to every couple, whatever the evidence looks like in their case. Same-sex couples are assessed in exactly the same way, and our LGBTI partner visa page explains how we act for same-sex couples at both stages.

Form 888 supporting statements

Form 888 supporting statements are part of the partner visa second stage documents in most cases. Form 888 is a supporting statement from a person who knows the applicant, the Australian partner and the history of their relationship. It is a supporting witness statement made on the Department's own form.

The current Form 888 requires the person making the statement to be at least 18 years of age and to know both partners and the history of the relationship. The person must provide documentary evidence of their identity and, where applicable, their Australian citizenship or Australian permanent residence. The form itself states that a person may be asked to submit up to three separate statements during the processing of the visa application, and that the person may be contacted for further comment or an interview.

The Department commonly asks for two Form 888 supporting statements at the second stage. They should be new statements, signed recently, that describe the relationship as the witness has seen it since lodgement. Reusing the Form 888 statements from two years ago does not help. A strong Form 888 explains how the witness knows the couple, how often they see them, and what they have personally observed about the relationship since the application was made. Our guides on who can make a Form 888 and what it should say and Form 888 example answers and common mistakes explain what a useful statement contains.

Form 888 supporting statements are evidence of the social aspects of the relationship. The Department may contact the witnesses. Every statement must be true and in the witness's own words. Giving false or inaccurate information in connection with a visa application is a serious offence.

An updated account of the relationship

The relationship statement is the couple's own account of their relationship, and there is only one relationship statement. It was provided at lodgement. At the second stage, the Department may ask each partner for an updated personal statement describing what has happened in the relationship since the application was made.

An updated personal statement is not a different kind of statement. It is an update of the same account, covering the period since lodgement: where the couple has lived, how they share finances and household tasks, important events, any periods apart and their plans together. It is the couple's own evidence, reviewed and corrected by them. Our guide to the partner visa relationship statement explains how the account is structured and why accuracy matters more than length.

Where the Department has not asked for an updated personal statement, a short covering explanation of any significant change, such as a move, a period apart or the birth of a child, is still often useful among the partner visa second stage documents. It helps the case officer understand the evidence without having to guess.

Police certificates

Police certificates are among the partner visa second stage documents in almost every case. The Department's policy for the Subclass 801 visa requires applicants to provide a current police certificate for any country they have lived in for a cumulative period of 12 months or more since the Subclass 820 visa was granted. Police certificates are generally treated as valid for 12 months.

This requirement comes from public interest criteria 4001 and 4002, which deal with character and security. Each family member included in the application who has reached the age at which police certificates are required must also provide them. Applicants who have lived overseas for long periods since the temporary visa was granted should start obtaining overseas certificates early, because some countries take a long time to issue them.

Applicants must also continue to meet the character test under section 501 of the Migration Act 1958, and a serious character concern can also put the temporary visa at risk, as our visa cancellations page explains. Any criminal charge or conviction since lodgement must be disclosed. Where there is a character issue, the partner visa second stage documents should include court documents and, in most cases, legal submissions. Applicants in this position should obtain legal advice before uploading anything.

Health examinations

Health examinations are generally not part of the partner visa second stage documents. The Department's policy states that applicants who received a health clearance for their Subclass 820 visa are not ordinarily required to undertake further health checks at the permanent stage.

The Department may request repeat immigration medical examinations only in limited situations, for example where it has reason to believe a health condition was not disclosed, where it has information that the applicant's health has changed, or where the temporary visa ceased more than 12 months before the permanent visa assessment started. Family members who did not complete health examinations at the first stage, such as a child born or added after the temporary visa was granted, will usually need to complete them at the second stage.

Children and other family members

Children born or added since lodgement must be dealt with in the partner visa second stage documents. A child born in Australia to a parent who is an Australian citizen or Australian permanent resident will generally be an Australian citizen by birth. That child is not added to the visa application, but the birth certificate is useful evidence of the relationship and the family's commitment.

A child born in Australia who does not become a citizen at birth is generally added to the application by operation of regulation 2.08. A dependent child who is not yet part of the application can be added to the permanent application under regulation 2.08A, but must hold a Subclass 820 visa or a Subclass 445 visa at the time of decision. Where the parent already holds a Subclass 820 visa, the child usually needs a Subclass 445 visa first, and Form 1002 can then be used to add the child to the permanent application. Members of the family unit other than dependent children cannot be added after lodgement.

Changes of name, address, passport and contact details

Identity and contact updates are a routine but important part of the partner visa second stage documents. Subsection 52(3B) of the Migration Act 1958 requires an applicant to tell the Department about any change in contact details. Changes of address, phone number, email address or passport can be notified using Form 929 or through ImmiAccount.

If the applicant has a new passport, a copy of the new passport bio-data page should be provided. If either partner has changed name, for example after marriage, the partner visa second stage documents should include the marriage certificate, change of name certificate or other evidence of the change. Our Form 80 guide explains how personal particulars must stay consistent across every document the Department holds.

Form 1022 and changes in circumstances

Any change in circumstances since lodgement must be notified. Section 104 of the Migration Act 1958 requires applicants to notify the Department of changes that make an answer in the application incorrect, and the Department's policy for the Subclass 801 visa expects applicants to notify changes in the family unit, such as a birth, a death or a change in relationship status.

Form 1022 is the Department's form for notifying changes in circumstances. Our article on Form 1022 and when to lodge it explains which changes need to be notified and how. Where the relationship has ended or the Australian partner has died, the Department's frequently asked questions direct applicants to complete the Notification of Relationship Cessation form in the "Update Details" tab in ImmiAccount.

A change in circumstances should be notified when it happens, not saved for the partner visa second stage documents. A long delay in telling the Department about a change can itself raise questions about honesty.

How to organise partner visa second stage documents for upload

Partner visa second stage documents should be organised so that a case officer can find each piece of evidence quickly and see how it relates to the criteria. A disorganised upload makes the decision harder and makes a further request more likely.

The approach we recommend is:

  • Read the Department's request in full. Note exactly what it asks for, and any deadline.
  • Group the evidence by aspect. Upload financial, household, social and commitment evidence under clear descriptions, rather than as one large file.
  • Cover the whole period since lodgement. Choose evidence from across the two years, not only from the most recent months.
  • Name each file clearly. A file named "Joint bank statements January to June 2026" is more useful than a file named "scan 14".
  • Translate documents not in English. Documents in another language must be accompanied by an accurate English translation.
  • Explain gaps. If a document is missing or a period is not covered, say why in a short covering explanation.
  • Check consistency. Dates, addresses and names must match across every document and the earlier application.

Couples often provide far more partner visa second stage documents than are needed, while leaving out the one document the case officer asked for. Quality, coverage and consistency matter more than volume. Our article on partner visa lawyers versus doing it yourself discusses when couples benefit from legal review at this point.

How the second stage differs from the first stage

The second stage differs from the first stage because the Department is no longer asking whether a genuine relationship existed when the application was made. It is asking whether that same relationship is still genuine and continuing now.

At the first stage, the couple had to prove the relationship from its beginning. At the second stage, the partner visa second stage documents focus on the period since lodgement. The legal test for the relationship is the same, and the same four aspects are assessed, but the period of time is different and the Department has a two-year record to compare against.

That comparison is where problems appear. If the partner visa second stage documents show different addresses for each partner, accounts that have been closed, or no joint activity for long periods, the case officer will want an explanation. Our guide to the most common reasons Subclass 820 visas are refused explains how inconsistent evidence affects both stages, and the Subclass 820 visa guide covers the first stage requirements in more depth.

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Partner visa second stage documents when the relationship has ended

If the relationship has ended since the Subclass 820 visa was granted, the standard permanent visa cannot be granted, but the applicant may still be eligible under the special provisions in clause 801.221. In those cases the partner visa second stage documents change completely, because they must prove the special circumstances rather than a continuing relationship.

The first step is to notify the Department. The Department's frequently asked questions direct applicants to complete the Notification of Relationship Cessation form in ImmiAccount. Where the relationship has ended and no special provision applies, the Department may refuse the permanent visa and may consider cancelling the temporary visa. Our article on what happens when the relationship breaks down explains those outcomes.

Relationship ended and family violence occurred

Under subparagraph 801.221(6)(c)(i), the permanent visa may be granted where the relationship has ended and the applicant, a dependent child of the applicant, or a dependent child of the Australian partner or of both of them, has suffered family violence committed by the Australian partner. The applicant must have been the Australian partner's partner until the relationship ended.

The Department's policy makes two important points. First, there is no requirement that the family violence caused the relationship to end. Second, the family violence, or part of it, must have occurred while the relationship existed. Family violence claims are assessed under Division 1.5 of the Migration Regulations 1994, which sets out the evidence that can be used.

In a family violence case, the partner visa second stage documents include evidence that the relationship was genuine until it ended, evidence of when and how it ended, and evidence of the family violence in the form Division 1.5 requires. This is specialised work. Our family violence partner visa lawyers act in these matters with care and discretion, and no applicant should stay in an unsafe relationship because they fear losing their permanent visa. The provisions exist precisely so that applicants do not have to.

The Australian partner has died

Under subclause 801.221(5), the permanent visa may be granted where the Australian partner has died since the Subclass 820 visa was granted. The applicant must show that they would have continued to be the Australian partner's partner if the Australian partner had not died, and that the applicant has developed close business, cultural or personal ties in Australia.

The Department's policy states that the original or a certified copy of the death certificate must be provided. The partner visa second stage documents in this situation therefore include the death certificate, evidence that the relationship was continuing up to the death, and evidence of the applicant's ties to Australia, such as employment, study, community involvement, property and relationships with family and friends here. The two-year wait does not apply.

There is a child of the relationship

Under subparagraph 801.221(6)(c)(ii), the permanent visa may be granted where the relationship has ended and the applicant has custody, joint custody or access to a child, and the Australian partner also has custody, access or a maintenance obligation for that child. The Department's policy notes that where a child is the child of both partners, both parents generally have joint custody unless a court order or a parent's expressed wish has changed that.

The partner visa second stage documents in a child case include the child's birth certificate, evidence that the relationship was genuine until it ended, and any parenting order, parenting plan, court order or child support document showing the arrangements. The purpose of the provision is to allow the parent and child relationship to continue in Australia.

What if partner visa second stage documents are late or incomplete?

If partner visa second stage documents are not provided, the Department can decide the permanent visa on the information it already holds, and that decision is often a refusal. Section 65 of the Migration Act 1958 requires the Department to grant the visa if it is satisfied the criteria are met and to refuse it if it is not.

The Department's policy explains that where it has made reasonable efforts to contact the applicant without success, the decision maker must proceed to a decision based on the available information. A two-year-old relationship file without any update rarely satisfies a decision maker that the relationship is still continuing.

The policy also recognises some circumstances where a decision may be delayed, for example where the applicant may be temporarily outside Australia. In that case the decision maker may wait a short period, up to three months, to allow the applicant to make contact or return. That is a discretion, not a right. No applicant should rely on it.

Where a deadline cannot be met, the safer course is to tell the Department before the deadline, explain why, provide what is available and say when the rest will follow. Where only part of the partner visa second stage documents can be provided on time, it is generally better to upload what exists and explain the gap than to provide nothing. Our guide to responding to a section 56 request explains how deadlines in a request work.

What triggers a refusal at the second stage?

A refusal at the second stage is usually triggered by one of five problems: the Department is not satisfied the relationship is still genuine and continuing, the relationship has ended and no special provision applies, the applicant does not meet the character or other public interest criteria, a family member does not meet those criteria, or the applicant has not provided the information requested.

The relationship is not proved to be continuing

The most common problem is weak or inconsistent partner visa second stage documents. If the evidence shows separate addresses, separate finances and no joint activity, the case officer may conclude that the relationship has ended, even if the couple says it has not. Our article on why partner visas get refused explains the patterns decision makers look for.

The relationship has ended

If the relationship has ended and none of the special provisions applies, the standard criteria cannot be met. The Department may refuse the permanent visa and may also consider cancelling the temporary visa. Where the temporary visa is cancelled, the policy provides for the applicant to be given natural justice before the permanent application is finalised. Our visa cancellation lawyers act where a temporary visa is at risk.

Character and other public interest criteria

The applicant must meet public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009, and 4019 if the applicant was at least 18 when the application was made. A criminal conviction, an unpaid debt to the Commonwealth or an adverse security assessment can all lead to refusal. Each family member included in the application must also meet the relevant criteria.

Providing false or inaccurate information

Partner visa second stage documents must be genuine and accurate. Providing a false document or inaccurate information can lead to refusal and can have serious consequences for future applications. A couple who has separated must not present evidence of a continuing relationship. Where the facts are difficult, the right course is to obtain advice, not to hide them.

What a second stage refusal means

When the Subclass 801 visa is refused and the applicant is notified, the Subclass 820 visa ceases. If the applicant is in Australia, a bridging visa comes into effect so that the applicant can remain lawfully while arranging to leave or seeking review. A refusal of the Subclass 801 visa is generally reviewable by the Administrative Review Tribunal, but the review application must be made while the applicant is in Australia and within a short deadline that is strictly applied.

Anyone who receives a refusal should act immediately. Our pages on partner visa refusals, partner visa refused appeal options, what to expect at an ART review and visa appeal lawyers explain the next steps, and our visa refusals service covers refusals of every kind. Our article on a partner visa after a visa refusal explains the restrictions that can apply to a later application, and our Schedule 3 criteria guide, Schedule 3 waiver guide and Schedule 3 waivers service explain what applies to a person without a substantive visa.

Common mistakes with partner visa second stage documents

The most common mistakes with partner visa second stage documents are avoidable. They include:

  • Missing the Department's email. The reminder goes to the nominated email address. If that address has changed, the applicant may never see it. Keep contact details up to date in ImmiAccount.
  • Resubmitting old evidence. Evidence from before lodgement does not show that the relationship has continued since. The partner visa second stage documents must cover the period since lodgement.
  • Reusing old Form 888 statements. Supporting statements should be new and should describe the relationship as the witness has seen it recently.
  • Letting police certificates expire. A police certificate obtained too early may no longer be current by the time the case officer decides the visa.
  • Not explaining a period apart. Periods living in different places should be explained with evidence of how the relationship continued.
  • Not notifying changes. A new address, a new passport, a new child or a change in the relationship should be notified when it happens.
  • Uploading in one large file. A case officer should be able to find each piece of evidence quickly.

Each mistake can turn a straightforward permanent visa decision into a request for more information, a delay or a refusal. Couples who prepared the first stage themselves often seek a review at this point. Our articles on hiring a lawyer after lodging your own application, getting a second opinion from an immigration lawyer and changing your immigration lawyer explain how that works.

Choosing help with partner visa second stage documents

Couples choosing help with partner visa second stage documents should look for a practitioner who regularly prepares permanent stage submissions and who can deal with the special provisions if the facts are not straightforward. Our guides on choosing a partner visa lawyer, when you need an immigration lawyer for a partner visa, the role of an immigration lawyer and migration agents and lawyers on partner visas set out what to consider. Our comparison of migration agents and immigration lawyers explains the factual differences between the two professions, and our guide to Australian migration lawyers explains how to check a practitioner's details.

Couples who want to understand what a consultation involves can read about booking an immigration lawyer consultation, fixed-fee immigration lawyers and urgent immigration lawyer advice. Our guides to how to choose a partner visa lawyer in Australia and how to choose a migration lawyer in Australia set out the questions worth asking.

Where we act on partner visa second stage documents

My Migration Lawyers acts for couples across Australia, with consultations by video. We prepare partner visa second stage documents for couples through our partner visa lawyers in Sydney, Parramatta, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra and Hobart. Couples with other visa questions can contact our immigration lawyers in Sydney, Melbourne, Brisbane and Perth. Couples choosing locally can also read our guides on choosing a partner visa lawyer in Sydney and Melbourne.

For a broader view of every partner visa subclass, see our complete guide to partner visas in Australia. For the engaged couple pathway, see our Subclass 300 Prospective Marriage visa page.

How My Migration Lawyers prepares partner visa second stage documents

My Migration Lawyers prepares partner visa second stage documents for couples in many permanent stage matters each year, from straightforward continuing relationships to complex cases involving long periods apart, character issues, new children, a relationship that has ended because of family violence, or the death of the Australian partner. The firm deals with complex permanent stage cases regularly and is well placed to handle them.

Our work on the second stage is specific. We start by reading the Department's request and the full file from the first stage, so that the partner visa second stage documents are consistent with everything the Department already holds. We confirm the two-year date, check whether a long-term relationship exception applied, and identify any change in circumstances that should already have been notified. We then give the couple a tailored list of partner visa second stage documents based on their actual circumstances, not a generic checklist.

When the documents arrive, we review each one against the Subclass 801 criteria. We organise the evidence under the four aspects the Department assesses, check that it covers the whole period since lodgement, and identify gaps before the case officer does. We advise on which Form 888 witnesses are best placed to describe the relationship since lodgement and check that each statement is complete. Where the Department asks for an updated personal statement, we help each partner present their own account in the form the law requires; the account remains their own evidence, reviewed and corrected by them. We arrange the police certificate timing so that certificates are current when the decision is likely to be made, and we prepare Form 1022 and Form 929 notifications where they are needed.

Where the relationship has ended, the Australian partner has died or there is a child of the relationship, we advise on which provision of clause 801.221 applies and prepare the legal submissions and evidence that provision requires. Where the Department issues a section 56 request or a section 57 letter at the second stage, we prepare the response. You can read more about My Migration Lawyers, see our immigration lawyers Australia home page, or browse other guides on our blog.

Our partner visa work is led by Weiwei Zhang, Principal Lawyer. If your partner visa second stage documents are due, or you have received the Department's email and are unsure what to provide, book a consultation or call 1300 040 300.

Frequently Asked Questions

What are partner visa second stage documents?

Partner visa second stage documents are the updated evidence and forms the Department of Home Affairs asks for before it decides the permanent Subclass 801 visa. They usually include evidence that the relationship has continued since lodgement across the financial, household, social and commitment aspects, Form 888 supporting statements, current police certificates and updates about children, passports, names and contact details. They are not a new visa application. They are further information provided under the combined Subclass 820 and Subclass 801 application lodged at the start.

When do I need to provide partner visa second stage documents?

You generally provide partner visa second stage documents once at least two years have passed since the combined application was lodged. The two years run from the date of lodgement, not from the date the Subclass 820 visa was granted. The Department usually sends a reminder email about 22 months after lodgement inviting the applicant to upload information through ImmiAccount. If a long-term relationship exception applies, the permanent stage may be assessed straight after the temporary visa is granted.

How does the Department ask for the second stage documents?

The Department usually sends an email to the applicant's nominated email address about 22 months after lodgement. The email explains that the applicant can now be considered for the Subclass 801 visa and asks them to upload information through ImmiAccount. The applicant then selects the Stage 2 Permanent Partner Visa Assessment form in ImmiAccount and completes it using the existing application ID. The case officer may later ask for more information under section 56 of the Migration Act 1958.

Can I upload partner visa second stage documents before the Department asks?

Yes. Once two years have passed since the application was lodged, the applicant can provide partner visa second stage documents through the Stage 2 form in ImmiAccount without waiting for the reminder email. Providing a complete, well organised set early can help the case officer decide the permanent visa without a further request. Uploading documents well before the two-year point is generally not useful, because the decision is made on the evidence at the time of decision and the evidence may need updating again.

How many Form 888 statements are needed at the second stage?

The Department commonly asks for two Form 888 supporting statements at the second stage. Each person making a Form 888 must be at least 18 years of age, must know both partners and the history of their relationship, and must provide evidence of their identity. The form states that a person may be asked to provide up to three separate statements during processing. The statements should be new and should describe the relationship as the witness has seen it since the application was lodged.

Can I reuse the Form 888 statements from my first stage application?

No. Reusing the Form 888 statements from the first stage does not help, because the Department is assessing whether the relationship has continued since lodgement. New statements should be signed recently and should explain how the witness knows the couple, how often they see them and what they have personally observed about the relationship during the past two years. The same witnesses can make new statements, but the content must be current and in their own words.

Do I need to write a new relationship statement for the second stage?

No, not as a separate kind of statement. There is only one relationship statement, and it was provided at lodgement. The Department may ask each partner for an updated personal statement describing what has happened since the application was made. That update covers living arrangements, finances, household responsibilities, important events, any periods apart and future plans. It remains the couple's own account of the relationship, reviewed and corrected by them, and it must be accurate in every detail.

Which police certificates are part of partner visa second stage documents?

Police certificates are required for each country in which the applicant has lived for a total of 12 months or more since the Subclass 820 visa was granted. Family members included in the application who are old enough to need police certificates must provide them too. Police certificates are generally treated as current for 12 months, so they should be obtained at a time when they will still be current when the permanent visa is likely to be decided.

Do I need another medical examination at the second stage?

Usually not. Applicants who received a health clearance for the Subclass 820 visa are not ordinarily required to undertake further health examinations for the Subclass 801 visa. The Department may ask for repeat examinations where it believes a health condition was not disclosed, where it has information that the applicant's health has changed, or where the temporary visa ceased more than 12 months before the permanent assessment began. A family member who did not complete health examinations at the first stage will usually need to do so.

What happens if I miss the deadline for partner visa second stage documents?

If partner visa second stage documents are not provided, the Department can decide the permanent visa on the information it already holds, and that decision is often a refusal. Where a deadline cannot be met, the applicant should tell the Department before the deadline passes, explain why, provide what is available and say when the rest will follow. Uploading part of the evidence with an explanation is generally safer than providing nothing at all.

Does my Subclass 820 visa expire while I wait for the second stage decision?

No. The Subclass 820 visa stays in effect until the Subclass 801 visa is granted, or until the application is refused or withdrawn and the applicant is notified. The applicant keeps the conditions of the Subclass 820 visa while the partner visa second stage documents are assessed. If the permanent visa is refused, the Subclass 820 visa ceases on notification of the refusal, and a bridging visa comes into effect if the applicant is in Australia.

What partner visa second stage documents are needed if my partner has died?

If the Australian partner has died since the Subclass 820 visa was granted, the permanent visa may still be granted under subclause 801.221(5). The partner visa second stage documents include the original or a certified copy of the death certificate, evidence that the relationship was continuing until the death, and evidence that the applicant has developed close business, cultural or personal ties in Australia. The two-year wait does not apply, and the Department should be notified of the death through ImmiAccount.

Can I still get the permanent visa if the relationship ended because of family violence?

Yes, in many cases. Under subparagraph 801.221(6)(c)(i), the permanent visa may be granted where the relationship has ended and the applicant, or a dependent child, has suffered family violence committed by the Australian partner. The relationship must have been genuine until it ended, and the family violence, or part of it, must have happened while the relationship existed. There is no requirement that the family violence caused the relationship to end. The evidence must meet the requirements of Division 1.5 of the Migration Regulations 1994.

What if we have a child together and the relationship has ended?

The permanent visa may still be granted under subparagraph 801.221(6)(c)(ii) where the relationship has ended and both parents have custody, access or maintenance rights or obligations for a child. The partner visa second stage documents include the child's birth certificate, evidence that the relationship was genuine until it ended, and any parenting order, parenting plan, court order or child support document. The two-year wait does not apply. The purpose of the provision is to allow the parent and child relationship to continue in Australia.

Do I need to tell the Department about a new address or passport before the second stage?

Yes. Subsection 52(3B) of the Migration Act 1958 requires an applicant to tell the Department about any change in contact details, and changes of address, email, phone number or passport can be notified using Form 929 or through ImmiAccount. Other changes in circumstances, such as the birth of a child or the end of the relationship, should be notified when they happen. Keeping details current also ensures the Department's reminder email about the second stage actually reaches the applicant.

Why are partner visas refused at the second stage?

Partner visas are refused at the second stage mainly because the Department is not satisfied the relationship is still genuine and continuing, because the relationship has ended and no special provision applies, because the applicant or a family member does not meet the character or other public interest criteria, or because the requested information was never provided. Weak or inconsistent partner visa second stage documents are the most common cause. A refusal is generally reviewable by the Administrative Review Tribunal, but the deadline is short and strictly applied.

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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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