Key Takeaways
- At the partner visa sponsor second stage, the Australian sponsor does not apply to sponsor again: the Subclass 801 and Subclass 100 criteria refer back to the sponsor approved at the first stage, and the sponsor's role is to show the same relationship is still genuine and continuing.
- The second stage opens two years after the combined application was lodged. The Department emails the applicant at about 22 months, and the Department says not to send the permanent stage documents before the two years have passed.
- What the sponsor provides at the partner visa sponsor second stage is the sponsor's statement about the continuing relationship, updated evidence across the financial, household, social and commitment aspects, two Form 888 statements from supporters, and up to date identity details.
- A sponsor can withdraw only in writing, and only before the Subclass 801 decision. Deleting the application in ImmiAccount is not a withdrawal, and a sponsor cannot withdraw from the Subclass 820 once it has been granted.
- If the relationship ends before the decision, the applicant may still have a pathway through the death of the sponsor, family violence by the sponsor, or a child of the relationship, so a partner visa sponsor second stage problem needs advice before anyone writes to the Department.
- Sponsor police checks are not routine at the second stage, because regulations 1.20KC and 1.20KB do not apply to Subclass 801 or Subclass 100 in the ordinary case.
The partner visa sponsor second stage is the point, two years after the combined partner visa application, when the Department decides the permanent Subclass 801 or Subclass 100 visa. At the partner visa sponsor second stage, the Australian sponsor does not lodge a new sponsorship. The sponsor's job is to prove that the same relationship is still genuine and continuing.
Many sponsors expect a second round of sponsorship forms, character checks and approvals. That is not how the law works. The sponsorship approved at the first stage carries through. What changes is the question the Department asks. At the first stage it asked whether the relationship was genuine when the couple applied. At the partner visa sponsor second stage it asks whether that relationship has continued.
This guide explains the sponsor's role at the partner visa sponsor second stage: when it starts, what the sponsor provides, what the Department assesses, and what happens if the relationship changes, the sponsor wants to withdraw, or the sponsor dies. If you want the full picture of both stages, start with our complete guide to Australian partner visas and our explanation of Subclass 820 vs Subclass 801.
What is the partner visa sponsor second stage?
The partner visa sponsor second stage is the permanent stage of a two-stage partner visa, where the sponsor confirms that the relationship is continuing so the Department can decide the Subclass 801 (onshore) or Subclass 100 (offshore) visa. The temporary visa comes first. For an onshore couple that is the Subclass 820 partner visa. For an offshore couple it is the Subclass 309 partner visa.
Both stages are lodged together as one combined application and one application charge. The Department confirms that the permanent visa was paid for when the couple made the temporary and permanent applications. Our answer on whether the permanent stage is included in the application charge explains this in more detail. In legal terms, the charge is the first instalment for the Subclass 801 or Subclass 100 visa, and the temporary visa carries a nil charge.
So the partner visa sponsor second stage is not a new application. It is the second decision on an application already made. Nothing the sponsor does at the partner visa sponsor second stage creates a new sponsorship, and nothing needs to be paid again. If you are still unsure how the two stages fit together, our page on temporary vs permanent partner visas and our answer on the difference between the 820 and 801 visas set out the structure.
Who is "the sponsoring partner" at the second stage?
The sponsoring partner at the second stage is the same person named in the first stage application. For the Subclass 801, the sponsoring partner is the person specified in the Subclass 820 application (clause 801.111(a)). For the Subclass 100, it is the person specified in the Subclass 309 application (clause 100.111(a)). It must be the same relationship. A couple cannot swap in a new partner at the partner visa sponsor second stage. If the relationship has ended and there is a new partner, that raises different questions, which our answer on whether you can change sponsor during a partner visa application covers.
When does the partner visa sponsor second stage begin?
The partner visa sponsor second stage begins once two years have passed since the combined application was lodged. This is a legal criterion for the permanent visa: clause 801.221(2)(d) for the Subclass 801 and clause 100.221(2)(c) for the Subclass 100. The two years run from the date of the application, not from the date the temporary visa was granted.
At about 22 months after the application, the Department emails the applicant. The email says the applicant can now be considered for the permanent visa and asks them to upload information through ImmiAccount. Watch the inbox and the spam folder of the email address on the application. If that address is old or belongs to a former representative, update it. Many partner visa sponsor second stage delays start with an email that nobody read.
The Department is clear on timing. Its Subclass 801 page says that once two years have passed since you first applied, you can submit your documents for the permanent stage, and it says: "Do not send them before this time." Our answer on when you can apply for the 801 permanent partner visa explains why early documents do not start the clock.
Can the second stage happen straight away?
Yes, in some cases the permanent visa can be granted without waiting two years. The main exception is a long-term partner relationship at the time of application: a relationship of three years or more, or two years or more where the couple has a dependent child of both partners (not a step-child). Clause 801.221(6A) and clause 100.221(5) allow an immediate grant in those cases. Our answer on whether you can get the 801 permanent partner visa straight away explains how this works. Other exceptions cover the death of the sponsor, family violence and child custody or access, which are discussed later in this guide.
A refusal, on the other hand, can come at any time within the two years (clause 801.221(7)(a)). The partner visa sponsor second stage is not a safe waiting period. If the relationship ends or the Department receives adverse information, it can act before the two years are up.
How long does the sponsor's obligation last?
The sponsor's obligations under the sponsorship last two years from the temporary visa grant, if the applicant is in Australia at grant, or two years from their next arrival, if they are outside Australia at grant. The Department says that, as a sponsor, you must assist your partner and their family members included in the application "financially and with their accommodation". It also says this is the case "even if we grant their permanent partner visa straight after their temporary partner visa." The partner visa sponsor second stage and the end of the sponsorship period are therefore separate things. A sponsor whose obligation period has ended still has a role at the partner visa sponsor second stage, because the relationship evidence still has to come from them. One is a visa decision. The other is a period of obligation.
Does the sponsor need a new sponsorship approval at the second stage?
No. There is no separate sponsorship approval for the Subclass 801 or the Subclass 100. The Department's own policy says the Schedule 2 criteria for these visas "refer back to the sponsor who was approved as part of the process that resulted in the grant of the temporary visa". The sponsorship was approved when the Department granted the Subclass 820 or Subclass 309, and that approval is part of the same visa process.
What the law requires at the partner visa sponsor second stage is continuity. This is the single most misunderstood point about the partner visa sponsor second stage. For the Subclass 801, the applicant must continue to be sponsored by the same sponsor (clause 801.221(2)(b)) and must continue to be that sponsor's spouse or de facto partner (clause 801.221(2)(c)). For the Subclass 100, clause 100.226 requires the applicant to be nominated by the sponsoring partner, unless one of the exceptions for ministerial intervention, death, family violence or child custody applies.
Does the second stage count against the sponsorship limit?
No. A two-stage sponsor is counted once for the purposes of regulation 1.20J. That regulation limits a person to two approved partner sponsorships in a lifetime, and requires five years between the first visa application the person sponsored and the approval of a new one. The Subclass 801 or Subclass 100 decision does not add a second count. If you are worried about the limit for a future sponsorship, read our page on partner visa sponsorship limitations, our guide to when a sponsor cannot sponsor a partner visa and our answer on whether you can sponsor more than one partner.
What about ministerial intervention cases?
In a case where the temporary visa was granted through ministerial intervention, the sponsoring partner need not formally sponsor (clauses 801.111(b) and 100.111(b)). This is rare. If it applies to you, the partner visa sponsor second stage should be planned with a lawyer from the start.
How is the second stage submitted through ImmiAccount?
The second stage is submitted through ImmiAccount using the Department's "Stage 2 Permanent Partner Visa Assessment (100, 801)" option, linked to the existing application ID. The Department's frequently asked questions set out the steps: log in to ImmiAccount, select "New application", select "Family", select the Stage 2 permanent partner visa assessment, and complete it using the application ID.
In practice the applicant usually submits the Stage 2 assessment, and the sponsor's documents are attached to it. The sponsor's statement is completed by the sponsor, but it is uploaded to the applicant's ImmiAccount. Our guide to partner visa ImmiAccount uploads explains how to label and attach documents so a case officer can find them.
At the partner visa sponsor second stage, the most common mistakes are about timing and format, not substance. Couples upload a large bundle at 18 months, upload unlabelled photographs, or forget the sponsor's statement entirely. Each of these can slow the assessment. A well prepared partner visa sponsor second stage submission is short, labelled and complete on the day it goes in. If you want to know what has already been received, our guide on how to check partner visa application status and our page on downloading a copy of your application from ImmiAccount will help you check the file before you add to it.
What does the sponsor provide at the partner visa sponsor second stage?
At the partner visa sponsor second stage, the sponsor provides four things: the sponsor's statement about the continuing relationship, updated evidence of the relationship, Form 888 statements from two supporters, and current identity and status details. The Department's Subclass 801 page sets out these relationship documents. Our general list of partner visa second stage documents and our answer on what documents you need for the 801 second stage cover the applicant's side. This section focuses on the sponsor and the partner visa sponsor second stage documents only the sponsor can give.
The sponsor's statement
The sponsor's statement is the sponsor's own written account of the relationship since the first stage, made on the form the Department specifies and uploaded to ImmiAccount. The Department says this form must be completed by the sponsor. It should cover:
- the couple's mutual commitment to a shared life together;
- why the relationship is genuine and continuing;
- whether the couple lives together, and if not, why not and for how long;
- when the relationship began;
- how the couple manages finances;
- how the household is run;
- the social side of the relationship; and
- the couple's commitment to each other and their future plans.
The sponsor's statement is the sponsor's own evidence. It must be true, in the sponsor's own words, and consistent with what the applicant says. It should pick up where the first stage statement left off and explain what has happened in the last two years: moves, jobs, children, illness, travel, family events, periods apart. A statement that repeats the first stage word for word tells the case officer nothing about the continuing relationship. In a partner visa sponsor second stage file, the sponsor's statement is often the first document the case officer reads. Our guides to the partner visa relationship statement and to future plans in a relationship statement explain what makes a statement credible. If the couple are unsure whether to write together or separately, see our answer on separate relationship statements.
Consistency matters more at the partner visa sponsor second stage than at the first, because the Department now has two years of earlier material to compare against. Dates, addresses and the story of the relationship must line up with what the couple said in the first application. Our guide to partner visa conflicting statements explains how small differences become credibility problems.
Updated evidence across the four aspects
Updated evidence should cover the four aspects the Department weighs: the financial aspects, the nature of the household, the social aspects and the nature of the couple's commitment. These are aspects of one relationship, not separate statements. The partner visa sponsor second stage evidence should show the relationship moving forward, not standing still. Our guide to the four pillars of partner visa evidence explains how they fit together.
For the partner visa sponsor second stage, focus on evidence from the last two years:
- Financial: joint accounts, shared bills, a mortgage or lease, and evidence of how money is pooled or shared. See our pages on financial aspects of the relationship and joint bank account evidence. If you keep money separately, our guide to partner visa separate finances explains how to present it.
- Household: a shared address, how chores and care are divided, and any children in the home. Our guide to partner visa household evidence covers this aspect.
- Social: how friends, family, workplaces and community see the couple. See social aspects of the relationship.
- Commitment: wills, insurance nominations, shared plans and the way the couple has supported each other through hard times. See our guide to partner visa commitment evidence.
Quality beats volume. A short, well organised set of documents that covers each aspect is more persuasive than hundreds of pages of chat logs. Our guide on how much partner visa evidence is enough and our answer on how often to upload new evidence after lodging give practical guidance.
Form 888 statements from two supporters
The Department asks for two Form 888 statements at the second stage. Each supporter must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen who knows the couple, and they should speak about the relationship as it is now. Supporters can be contacted for further comment or interview, and the form itself says a supporter may be asked for further statements. Choose people who have actually seen the couple together in the last two years. Our guides on who can sign a Form 888, what a Form 888 statement should say and Form 888 partner visa witness statements cover the detail. The partner visa sponsor second stage is a good time to refresh supporters, rather than reusing the people from the first stage by default.
Identity and status
The sponsor's status as an Australian citizen, Australian permanent resident or eligible New Zealand citizen was established at the first stage. At the partner visa sponsor second stage, the sponsor should make sure their details are current. If the sponsor has a new passport, has changed their name, or has become an Australian citizen since the first stage, it is prudent to provide the updated document so the file is accurate. Our answers on what documents the sponsor needs to provide and on how to prove a sponsor is an Australian citizen explain the usual documents. If the applicant has changed passport, see our guide to a partner visa change of passport.
What does the Department assess at the second stage?
The Department assesses whether the relationship between the applicant and the sponsor is genuine and continuing at the time of the permanent visa decision. The Department's policy describes this as "a fresh assessment". The case officer is not bound by the first stage finding. They look at the relationship as it stands now, using the new material and the earlier file.
This is why the partner visa sponsor second stage cannot be treated as a formality. The partner visa sponsor second stage is a real decision, made on real evidence. A couple whose first stage was strong can still be refused at the second stage if the evidence does not show the relationship has continued, or if the two partners' accounts no longer match. Our guide to the genuine and continuing relationship test and our answer on what genuine and continuing means explain the legal test.
Can the Department interview the sponsor?
Yes. The Department's policy says the fresh second stage assessment may require further investigation, such as interviewing both partners or examining more documents. An interview is not automatic. If one is requested, prepare from the couple's own documents and answer honestly. Our guides on the partner visa telephone interview and the partner visa home visit explain what to expect.
What else is checked at the second stage?
The applicant's own requirements are also checked, including character and, in some cases, health. Health checks are not ordinarily repeated at the second stage unless there was non-disclosure, a fraud concern, a changed condition, or the temporary visa ceased more than 12 months before the assessment. These are the applicant's requirements, not the sponsor's, and they do not add to the partner visa sponsor second stage documents. If the Department asks for more material at either stage, our answer on who can help when Home Affairs asks for more relationship evidence explains the next steps.
Are sponsor police checks needed at the partner visa sponsor second stage?
No, not routinely. Regulation 1.20KC does not apply to the Subclass 801 or Subclass 100, and regulation 1.20KB does not apply to the Subclass 100. Department policy asks for sponsor police checks at the permanent stage only in limited cases, mainly where an applicant is under 18, and treats the requirement as met where the sponsor gave checks at the first stage, unless there is adverse information. The applicant's own police certificates are a different matter. The separate question of police checks at the second stage is covered in our dedicated guide, and our general answer on police checks for a partner visa and our guide to the partner visa AFP police check explain the first stage rules.
How long does the second stage take?
As published by the Department in October 2026, 50% of Subclass 801 applications are finalised in 8 months and 90% in 19 months, and 50% of Subclass 100 applications in 9 months and 90% in 21 months. The Department's page was last updated on 29 September 2026. For the Subclass 801, the Department says the processing time for the permanent visa starts from the date of eligibility, which is two years after the combined application. The Department describes these figures as a guide only and not specific to any one application.
So the partner visa sponsor second stage can take many months after the documents go in. The sponsor should expect the Department to rely on the evidence as it stands when the case officer picks up the file. If the relationship evidence becomes stale while the couple waits, a short update can help. Our guides to partner visa processing times and partner visa processing delays, and our answer on what to do if your partner visa has been processing for over two years, deal with long waits.
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Can a sponsor withdraw at the partner visa sponsor second stage?
Yes. A sponsor can withdraw their sponsorship at any time before the Department decides the Subclass 801, but only in writing. The Department says: "You cannot withdraw as a sponsor for the Subclass 820 after we grant the visa. However, you can withdraw your sponsorship application any time before we decide on the permanent Partner visa (subclass 801) application. The applicant may still be eligible for the permanent partner visa."
Withdrawal is the most serious step a sponsor can take at the partner visa sponsor second stage. Three points follow for the partner visa sponsor second stage.
- Withdrawal must be in writing. The Department says that removing an online application from ImmiAccount does not withdraw it. Deleting the sponsorship from the sponsor's ImmiAccount does nothing. The sponsor must tell the Department in writing.
- Withdrawal does not cancel the Subclass 820. Once the temporary visa is granted, the sponsor cannot withdraw from it. Withdrawal affects the permanent visa decision.
- Withdrawal is evidence. Department policy says a delegate may treat the continuing relationship criterion as met without further enquiry only where there is no contrary evidence, and gives the example of a sponsor who has withdrawn the sponsorship. A withdrawal letter is also used to fix the date the relationship ended in a family violence claim.
The Department will not discuss the applicant's visa with a former sponsor. Its page says the Department "will not correspond with you about your ex-partner's visa application." If the relationship has ended, the sponsor should tell the Department as soon as possible using the Partner Processing Enquiry Form. The applicant also has a duty under section 104 of the Migration Act to tell the Department about changes such as the relationship ending. Our answers on whether a sponsor can withdraw sponsorship after you apply and on what happens if a sponsor withdraws and you reconcile explain the practical risks.
A sponsor should never withdraw in anger or as a threat. A withdrawal letter sits on the file. If the couple reconciles, the letter still has to be explained. A partner visa sponsor second stage dispute is a moment to get advice, not to send an email to the Department.
What happens at the second stage if the relationship ends?
If the relationship ends before the Subclass 801 or Subclass 100 decision, the visa will usually be refused, unless the applicant fits one of the exceptions for the death of the sponsor, family violence by the sponsor, or a child of the relationship. In those exceptions the two-year wait does not apply. The relationship must have been genuine until it ended. Our answers on what happens if you break up during the partner visa process and on separation during processing give an overview.
A partner visa sponsor second stage separation needs careful handling, because the wrong letter to the Department can close a pathway that was open. Not every period apart is a separation. Couples live apart for work, care for family overseas or go through difficult periods and recover. The question is whether the relationship has ended. Our guides on partner visa temporary separation, living apart for work and repeated separations explain how the Department looks at these situations.
Family violence at the second stage
If the relationship has ended and the applicant or a family member has suffered family violence committed by the sponsor, the applicant may still be granted the permanent visa (clause 801.221(6); clauses 100.221(4) and (4C) for the offshore stream). The policy reason is to avoid a situation where an applicant feels compelled to stay in a violent relationship for fear of losing permanent residence. There is no need to show that the relationship ended because of the violence.
Two Tribunal decisions show these issues arising after a sponsor withdrew or the relationship ended. In Haikin (Migration) [2019] AATA 3241, the sponsorship was withdrawn, the relationship had ceased and the applicant was a family violence victim. In Ma (Migration) [2025] ARTA 148, the relationship with the sponsor had ceased, the applicant was a victim of family violence and a genuine and continuing relationship had existed. Both were Subclass 820 reviews, and in both the Tribunal sent the matter back to the Department. The same family violence pathway appears in the Subclass 801 criteria, so a family violence claim can be made at the partner visa sponsor second stage. Our family violence partner visa lawyers act in these matters, and our guides on partner visa family violence options, family violence evidence and family violence after separation set out the evidence. Our answers on whether emotional, financial or psychological abuse can count and whether you need a police report or court order answer common questions. If you are an applicant with an abusive sponsor, read our answer on who can help when a sponsor is abusive. If you are in danger, contact the police first.
Children of the relationship
If the relationship has ended and the applicant and sponsor have a child together, the applicant may still be granted the permanent visa where the child custody or access requirements in clause 801.221(6), or clauses 100.221(4) and (4C), are met. In Phan (Migration) [2020] AATA 513, the relationship had ceased, the sponsorship was withdrawn, there was a child of the relationship and parentage was confirmed. In Rafique (Migration) [2020] AATA 1827, the sponsorship was withdrawn, the relationship had ceased and there was a child from the relationship. Both were Subclass 820 reviews remitted to the Department. Our answer on a partner visa when you have a child together but separated and our guide to partner visa child custody and consent explain what must be shown.
The death of the sponsor
If the sponsor dies before the permanent visa is decided, the applicant may still be granted the Subclass 801 (clause 801.221(5)) or the Subclass 100 (clauses 100.221(3) and (4B)). The applicant must show that the relationship was genuine and continuing until the sponsor's death. Family members of a sponsor who has died often do not know that the partner visa sponsor second stage can still be completed. In Mulungu (Migration) [2020] AATA 1815, the parties were validly married, the sponsor passed away, and the applicant was the sole beneficiary of the sponsor's will. In Phung (Migration) [2023] AATA 3642, the issue was the genuine relationship before the sponsor's death. Both were remitted to the Department. Our guide to a partner visa after a partner's death and our answer on what happens if your sponsor dies explain the evidence that helps.
What if the sponsor moves overseas during the second stage?
A sponsor moving overseas does not end the sponsorship, but it puts the continuing relationship under closer scrutiny at the partner visa sponsor second stage. The Department lets a sponsor be inside or outside Australia when they apply to sponsor. At the second stage the legal test is still whether the couple remain in a genuine and continuing relationship. If they live in different countries, the case officer will want to know why, for how long, how they stay in contact and support each other, and when they will live together again.
For example, a sponsor who takes a 12 month work posting abroad while the applicant stays in Australia should keep clear evidence: the employment letter, travel records, regular contact, shared finances and a plan to reunite. The sponsor's statement should explain the move in plain terms. A sponsor overseas is a common partner visa sponsor second stage issue, and a clear explanation is usually more useful than extra paperwork. Our answers on whether a sponsor can live overseas while the 820 is processed and whether an Australian living overseas can sponsor a partner cover the first stage. Our guides to partner visa overseas travel and extended overseas absence, and our answer on whether you can travel overseas separately during processing, deal with time apart. A permanent resident sponsor should also check their own travel rights before a long absence, because that is a separate question from the partner visa.
What happens if the second stage is refused?
A refusal ends the partner visa sponsor second stage, but it does not always end the case. If the Subclass 801 is refused, the applicant can usually apply to the Administrative Review Tribunal, and must be in Australia to do so. The sponsor cannot lodge that review. The application must be made within 28 days after the applicant is notified of the decision, or 7 days if in immigration detention, and that time limit cannot be extended. If a Subclass 100 is refused while the applicant is outside Australia, there is no merits review. Our guide to a partner visa second stage refusal, our answer on what happens to the 820 after an 801 refusal and our partner visa refusals page explain the options. Our answer on whether a review can continue if the sponsor and applicant separate is also relevant. Our broader visa refusals page covers other refusal types. If a deadline is close, use our urgent help page.
Common partner visa sponsor second stage mistakes
The most common partner visa sponsor second stage mistakes are avoidable:
- Sending documents early. The Department says not to send permanent stage documents before two years have passed.
- Recycling the first stage statement. The sponsor's statement must speak to the last two years.
- Leaving gaps unexplained. A move, a job change or time apart without explanation invites questions. See our guide to partner visa missing documents.
- Withdrawing by deleting the application. Deleting it in ImmiAccount is not a withdrawal, and an angry withdrawal is hard to undo.
- Staying silent about a separation. The applicant has a duty to tell the Department about changes, and the exceptions for family violence, children and death need careful evidence.
- Using supporters who have not seen the couple recently. Form 888 statements should speak to the relationship now.
Each of these partner visa sponsor second stage mistakes can be corrected if it is caught early. Our guide to partner visa evidence after lodgement and our page on weak partner visa evidence explain how to fix gaps before the case officer finds them.
How My Migration Lawyers helps with the partner visa sponsor second stage
My Migration Lawyers acts for sponsors and applicants at the partner visa sponsor second stage, including in complex matters where the relationship has changed. We act in many matters of exactly this type, and we are equipped to handle the difficult ones.
On a partner visa sponsor second stage matter, our work is concrete:
- We check the date of the combined application and confirm when the two-year eligibility date falls, so nothing is sent early or missed.
- We review the first stage file, so the sponsor's statement and new evidence line up with what the couple said two years ago.
- We review the sponsor's statement, which remains the sponsor's own evidence, in the sponsor's own words, reviewed and corrected by the sponsor, and we identify gaps in the financial, household, social and commitment evidence.
- We advise on which supporters should give Form 888 statements, and what those statements need to address.
- We prepare and lodge the Stage 2 assessment documents in a clear, indexed form in ImmiAccount.
- Where the relationship has changed, we advise before anyone writes to the Department: on withdrawal in writing, on separation, and on the family violence, child and death pathways.
- If the Department asks for more information or the visa is refused, we act on the response or the Tribunal review within the deadline.
Our lawyers decide the strategy, and the couple's own account and evidence is presented in the form the law requires. Our partner visa lawyers work by video Australia-wide and with sponsors overseas, from our office at Level 1, 60 Martin Place, Sydney NSW 2000. We act for couples in Sydney, Melbourne, Brisbane, Perth and Adelaide, and across every state and territory. You can read about our Principal Lawyer, Weiwei Zhang, and about our approach to complex partner visa matters. Our answers on whether a lawyer can help with the Subclass 801 permanent stage and the Subclass 100 permanent stage explain what we do, and our guide on whether you need a lawyer for the partner visa second stage helps you decide.
If you are a sponsor facing the partner visa sponsor second stage, or the relationship has changed and you are not sure what to do, speak to us before you submit anything or write to the Department.
Book a consultation with My Migration Lawyers to get clear advice on your partner visa sponsor second stage. You can also call us on 1300 040 300.
Frequently Asked Questions
Does the sponsor need to apply again at the partner visa sponsor second stage?
No. The sponsor does not lodge a new sponsorship at the partner visa sponsor second stage. The Subclass 801 and Subclass 100 criteria refer back to the sponsor who was approved when the temporary Subclass 820 or Subclass 309 visa was granted. What the law requires is continuity: the applicant must still be sponsored by, or nominated by, the same sponsor and must still be that sponsor's spouse or de facto partner. The sponsor's role is to provide evidence that the relationship is genuine and continuing.
When does the partner visa sponsor second stage start?
The partner visa sponsor second stage starts once two years have passed since the combined partner visa application was lodged. The two years run from the date of application, not the date the temporary visa was granted. The Department usually emails the applicant at about 22 months to say they can now be considered for the permanent visa. The Department says not to send the permanent stage documents before the two years have passed.
What does the sponsor provide at the partner visa second stage?
The sponsor provides the sponsor's statement about the continuing relationship, updated evidence of the relationship, and up to date identity details where anything has changed. The couple also provides two Form 888 statements from supporters who know them. The evidence should focus on the last two years and cover the financial aspects, the nature of the household, the social aspects and the couple's commitment to each other. The sponsor's statement is uploaded to the applicant's ImmiAccount with the Stage 2 assessment.
Does my sponsor need a new police check for the Subclass 801?
No, not routinely. Regulation 1.20KC, which governs sponsor police checks at the first stage, does not apply to the Subclass 801 or Subclass 100. Department policy asks for sponsor checks at the permanent stage only in limited cases, mainly where an applicant is under 18, and generally treats the requirement as met if the sponsor provided checks at the first stage, unless there is adverse information. The applicant's own police certificates are a separate requirement and may be needed.
Who submits the second stage, the sponsor or the applicant?
The applicant usually submits the second stage through ImmiAccount, using the Stage 2 Permanent Partner Visa Assessment option and the existing application ID. The sponsor completes the sponsor's statement, and it is attached to that submission together with the Form 888 statements and updated evidence. The sponsor does not open a new sponsorship application. Both partners should check the documents before they are uploaded so that their accounts are consistent.
Can we send the partner visa sponsor second stage documents early?
No. The Department says that once two years have passed since the application you can submit your documents for the permanent stage, and that you should not send them before that time. Early documents do not bring the decision forward. For the Subclass 801, the Department says processing time is counted from the date of eligibility, two years after the application. The exception is a long-term relationship at the time of application, where an immediate permanent grant may be possible.
Do we need new Form 888 statements at the second stage?
Yes. The Department asks for two Form 888 statements at the second stage. They should come from Australian citizens, Australian permanent residents or eligible New Zealand citizens who know the couple and can speak about the relationship as it is now. It is sensible to choose supporters who have seen the couple together in the last two years. Supporters may be contacted by the Department for further comment or an interview.
Can my sponsor withdraw sponsorship after the 820 is granted?
No, the sponsor cannot withdraw from the Subclass 820 once it has been granted. The Department says, however, that a sponsor can withdraw the sponsorship any time before the Department decides the permanent Subclass 801. Withdrawal must be in writing. A withdrawal does not cancel the temporary visa, and the Department says the applicant may still be eligible for the permanent visa, for example through the family violence, child or death provisions.
Does deleting the sponsorship in ImmiAccount withdraw it?
No. The Department says that removing an online application from ImmiAccount does not withdraw it. A sponsor who wants to withdraw must tell the Department in writing. Because a withdrawal letter becomes evidence on the file, and can be used to fix the date the relationship ended, a sponsor should get advice before withdrawing, particularly at the partner visa sponsor second stage, where the decision on permanent residence is close.
What happens at the partner visa sponsor second stage if we separate?
If the relationship ends before the permanent visa decision, the visa will usually be refused, unless an exception applies. The exceptions cover the death of the sponsor, family violence committed by the sponsor, and a child of the relationship where custody or access requirements are met. In those cases the two-year wait does not apply, but the relationship must have been genuine until it ended. The applicant must tell the Department about the change, and the sponsor should use the Partner Processing Enquiry Form.
What happens if the sponsor dies before the Subclass 801 is decided?
The applicant may still be granted the permanent visa if the relationship was genuine and continuing until the sponsor's death. Clause 801.221(5) provides for this for the Subclass 801, and clauses 100.221(3) and (4B) for the Subclass 100. The two-year wait does not apply. Evidence of the relationship up to the date of death, such as a shared home, joint finances, the will, the funeral arrangements and statements from family and friends, is usually important.
Can family violence be raised at the partner visa second stage?
Yes. If the relationship has ended and the applicant or a member of their family has suffered family violence committed by the sponsor, the applicant may still be granted the permanent visa. The provisions exist so that no applicant feels compelled to stay in a violent relationship to keep their path to permanent residence. The applicant does not need to show that the relationship ended because of the violence, but must show it was genuine until it ended.
Does having a child together help if we separate before the second stage?
Yes, it can. Where the relationship has ended and the applicant and sponsor have a child together, the applicant may still be granted the permanent visa if the child custody or access requirements in the Subclass 801 or Subclass 100 criteria are met. The applicant must also show the relationship was genuine until it ended. Evidence of parentage and of the custody or access arrangements is central, and the details should be checked by a lawyer before anything is lodged.
Can the sponsor live overseas during the partner visa sponsor second stage?
Yes, but the continuing relationship will be examined closely. The legal question at the partner visa sponsor second stage is whether the couple remain in a genuine and continuing relationship. If they live in different countries, the Department will want to know why, for how long, how they keep in contact and support each other, and when they will live together again. The sponsor's statement should explain the move, supported by documents such as an employment letter and travel records.
How long does the Subclass 801 take after the second stage documents go in?
As published by the Department in October 2026, 50% of Subclass 801 applications are finalised in 8 months and 90% in 19 months. For the Subclass 100, the figures are 9 months and 21 months. For the Subclass 801, the Department counts processing time from the date of eligibility, which is two years after the combined application. The Department says these figures are a guide only and are not specific to any one application.
Does the second stage count against the sponsor's lifetime sponsorship limit?
No. A sponsor in a two-stage partner visa is counted once for the purposes of regulation 1.20J, which limits a person to two approved partner sponsorships in a lifetime. There is no separate sponsorship approval for the Subclass 801 or Subclass 100, so the permanent stage does not add a second count. The five-year rule between sponsorships is measured from the date of the first visa application the person sponsored.

























