Partner Visa Two-Stage Process: Temporary to Permanent

The partner visa two stage process is how Australia grants permanent residence to the spouse or partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. This guide walks through the partner visa two stage process as it works in practice for couples applying in Australia, from lodging one combined application, to holding the temporary Subclass 820 visa, to being assessed for the permanent Subclass 801 visa.

Most couples understand that there are two visas. Fewer understand what actually happens between them. The partner visa two stage process is not two separate applications. It is one application, one charge and two decisions, with a waiting period in the middle that can last years. What the couple does during that waiting period, and what they send when the second stage opens, often decides the outcome.

This article focuses on the mechanics: what happens at each step, when the permanent stage opens, how the Department of Home Affairs asks for stage two information, what to send, and what happens if life changes along the way. For a side by side comparison of the two visas themselves, see the firm's article on Subclass 820 vs Subclass 801. For the wider picture of every partner visa subclass, see the complete guide to partner visas in Australia.

What is the partner visa two stage process?

The partner visa two stage process is the legal structure under which an applicant applies once for both a temporary partner visa and a permanent partner visa, and the Department decides them at different times. In Australia, the temporary visa is the Subclass 820 Partner visa and the permanent visa is the Subclass 801 Partner visa.

The Migration Regulations 1994 require the application for the Subclass 820 visa to be made at the same time and place as the application for the Subclass 801 visa. Both are made on one online form in ImmiAccount. The Department's own policy describes this as "two-stage processing arrangements", under which applicants apply on one application form for both visas.

The two stages work like this.

• Stage one. The Department assesses the temporary Subclass 820 visa. If the criteria are met, the Subclass 820 visa is granted.
• Stage two. The Department later assesses the permanent Subclass 801 visa. Under paragraph 801.221(2)(d) of Schedule 2, at least two years must generally have passed since the combined application was made before the permanent visa can be granted.

Couples applying from outside Australia follow an equivalent structure, with the offshore Subclass 309 temporary visa followed by the permanent Subclass 100 visa. The rest of this article deals only with the onshore partner visa two stage process.

The firm's articles on the Subclass 820 visa and the Subclass 820 partner visa guide to requirements explain the criteria for the temporary visa in detail. This article picks up where those leave off and follows the application through both stages.

The partner visa two stage process at a glance

The partner visa two stage process usually follows the same sequence for couples applying in Australia. The steps below are a summary. Each one is explained in more detail in the sections that follow.

• The sponsor and applicant prepare the application. The applicant completes the online partner application, and the Australian partner completes the online sponsorship. Relationship evidence, identity documents and supporting statements are gathered.
• The combined application is lodged and the charge is paid. One visa application charge is paid at lodgement. It covers both the Subclass 820 and the Subclass 801 applications.
• A bridging visa is granted. Where the applicant is eligible, a bridging visa is granted in association with the application so they can remain lawfully in Australia while it is processed.
• The Department assesses stage one. It may ask for further information, health examinations, police certificates or biometrics.
• The Subclass 820 visa is granted. The applicant becomes the holder of the temporary partner visa.
• The eligibility point arrives. Generally, at least two years after the combined application was lodged, the applicant becomes eligible to be assessed for the Subclass 801 visa.
• Stage two information is provided. The applicant provides updated information through ImmiAccount.
• The Department assesses stage two. It makes a fresh assessment of whether the relationship continues and whether the other criteria are met.
• The Subclass 801 visa is granted or refused.

Some applications move faster. Where the couple were in a long-term partner relationship when they applied, both visas can be granted one after the other. Where the relationship has ended in certain circumstances, the permanent visa can be granted before the two years have passed. Both exceptions are explained later in this guide.

Stage one of the partner visa two stage process: the combined application

Stage one of the partner visa two stage process begins with lodgement. The application is made online through ImmiAccount using the partner application form, which the Department's policy identifies as form 47SP (Internet), titled "Application for migration to Australia by a partner". Applicants who have not yet set up an account can follow the firm's guide on how to create an ImmiAccount.

One application and one charge

The partner visa two stage process involves only one visa application charge. The Regulations prescribe a nil charge for the Subclass 820 visa. The charge is attached to the Subclass 801 visa, and because the two applications must be made together, it is paid when the combined application is lodged. The Department's policy states that this is the only charge payable for the combined application and that there is no separate charge for the Subclass 820 application.

This has a practical consequence that surprises many couples. Nothing further is paid to the Department when the permanent stage opens. Stage two is not a new application. It is the second decision on the application the couple already made. The amount of the charge changes from time to time, so this article does not state it. The firm's article on how much a Subclass 820 partner visa costs explains the different costs involved.

What the Department assesses at stage one

At stage one, the Department assesses whether the applicant meets the criteria for the temporary Subclass 820 visa. The central question is whether the applicant is the spouse or de facto partner of the sponsor. The Department looks at the four aspects of the relationship: the financial aspects, the nature of the household, the social aspects and the nature of the commitment.

The evidence lodged at stage one becomes the foundation for the whole partner visa two stage process. It typically includes the couple's relationship statement, joint financial and household documents, evidence of social recognition and Form 888 supporting statements from friends and family. The firm's guides on how to prove a relationship is genuine, the partner visa document checklist and the 820 partner visa evidence checklist set out what is usually provided.

The stage one file matters long after the temporary visa is granted. At stage two, the Department compares what the couple says then with what they said at lodgement. A relationship statement written carefully at stage one makes stage two easier, because the permanent stage then only has to show how the same relationship has continued.

Applicants who do not hold a substantive visa

Some applicants apply for a partner visa while holding only a bridging visa, or after their last substantive visa has ended. Those applicants must generally satisfy additional criteria in Schedule 3 of the Regulations unless they are waived for compelling reasons. That issue is decided at stage one. It does not arise again at stage two once the Subclass 820 visa has been granted. The firm's Schedule 3 waiver page and its article on Schedule 3 criteria for applicants who are unlawful explain the requirements. Applicants whose current or last visa carries condition 8503 should read the article on applying for a Subclass 820 visa with a No Further Stay condition.

Applicants who are in Australia as visitors face their own issues at lodgement, explained in the article on moving from a tourist visa to a partner visa in Australia. Holders of a Subclass 300 Prospective Marriage visa who marry in Australia also enter the same onshore partner visa two stage process, as explained on the firm's Subclass 300 visa page.

The bridging visa while stage one is pending

While stage one of the partner visa two stage process is being assessed, most applicants in Australia hold a bridging visa. Which bridging visa is granted depends on the applicant's visa status when they apply.

• An applicant who held a substantive visa when they lodged is usually granted a Bridging Visa A. It comes into effect when the substantive visa ends.
• An applicant who did not hold a substantive visa may be granted a Bridging Visa C, or in some cases a Subclass 050 bridging visa.

The Department's policy states that Subclass 820 and Subclass 801 applicants who are eligible for an associated Bridging Visa A or Bridging Visa B are granted that bridging visa with nil conditions. This is why many partner visa applicants can work while they wait. The firm's article on working while waiting for a Subclass 820 visa explains the position in detail, and the guides to Bridging Visa A and bridging visas in Australia set out how each type operates.

A Bridging Visa A does not of itself allow the holder to leave and return to Australia. An applicant who needs to travel before the Subclass 820 visa is granted generally needs a Bridging Visa B, which must be applied for separately and granted before departure. The firm's article on Bridging Visa B explains the process. Leaving Australia on a Bridging Visa A without a Bridging Visa B usually causes the bridging visa to cease.

What happens to the bridging visa when the temporary visa is granted

When the Subclass 820 visa is granted, the bridging visa stops being in effect. The Department's policy explains that, although it is not in effect, the bridging visa is still held until the Subclass 801 application is finally determined, because it was granted in association with both applications. This technical point matters if the Subclass 820 visa is later cancelled. In some cases, the bridging visa linked to the Subclass 801 application can come back into effect. That is a complex area, and anyone facing a cancellation should get advice straight away.

The Subclass 820 grant: what the temporary visa allows

The Subclass 820 visa is the midpoint of the partner visa two stage process. Under clause 820.511 of Schedule 2, it is a temporary visa that permits the holder to travel to, enter and remain in Australia until the holder is notified that the Subclass 801 application has been decided, or until that application is withdrawn.

The Subclass 820 visa has no fixed expiry date. It does not run out after two years. It continues until the permanent application is decided. Many couples worry when the two year mark passes and nothing seems to happen. The temporary visa does not lapse because of that delay.

No conditions may be imposed on a Subclass 820 visa. In practice, this means the holder can work and study in Australia without the restrictions that apply to many other temporary visas. The holder can also travel overseas and return, because the visa permits the holder to travel to and enter Australia. Travel during the partner visa two stage process is discussed further below, because it carries risks at the permanent stage that couples often overlook.

How long the Department takes to decide stage one varies, and the published figures change regularly. This article does not state them. The firm's articles on how long a Subclass 820 partner visa takes and onshore partner visa timing explain how processing times are published and how to read them. Couples who want advice on their own application can find out how the firm works on the partner visa lawyers page.

The Subclass 820 grant is not the end of the partner visa two stage process. It is a temporary status. The relationship that supported the temporary visa must still exist, and must be shown to exist, when the permanent visa is assessed.

When does the permanent stage of the partner visa two stage process begin?

The permanent stage of the partner visa two stage process generally begins once at least two years have passed since the combined application was lodged. Paragraph 801.221(2)(d) of Schedule 2 requires that, subject to limited exceptions, at least two years have passed since the application was made before the Subclass 801 visa can be granted. The Department's policy confirms that, in most cases, applicants are not eligible for the Subclass 801 visa until at least two years after they lodged the application.

Why the two years run from lodgement, not grant

The two year period in the partner visa two stage process is counted from the date the combined application was made. It is not counted from the date the Subclass 820 visa was granted. This is one of the most common misunderstandings about the process.

Take a generic example. A couple lodge their combined application, and the Subclass 820 visa is granted some time later. The eligibility point for the permanent stage is still about two years after the lodgement date. If stage one took a long time, the eligibility point may arrive soon after the temporary visa is granted. In some cases, it has already passed by the time the Subclass 820 visa is granted.

There is one statutory variation. Where the Minister personally granted the Subclass 820 visa under a ministerial intervention power, paragraph 801.221(2A)(c) counts the two years from the date of that decision instead. That situation is uncommon and depends on its own facts.

How the Department lets applicants know

The Department's policy states that, near the end of the two year period, about 22 months after the combined application was made, the Department will send a reminder email to the applicant's nominated email address. The reminder advises that the applicant can be considered for the Subclass 801 visa and should upload information for assessment through ImmiAccount.

Applicants should not rely only on that email. Emails go to spam folders, email addresses change and authorised recipients change. The safest course is to diarise the two year date from the lodgement date at the start of the partner visa two stage process and to check ImmiAccount regularly as it approaches.

How to provide stage two information through ImmiAccount

Stage two of the partner visa two stage process is activated online. The Department's partner visa frequently asked questions state that, once eligible, applicants should log in to ImmiAccount, select "New application" and "Family", and then select "Stage 2 - Permanent Partner Visa Assessment (100, 801)". The Department then contacts the applicant through ImmiAccount and correspondence about the next steps.

Although the menu option sits under "New application", this is not a new visa application and no new visa application charge is paid. It is the way the applicant provides the information the Department needs to decide the Subclass 801 application that was lodged at the start of the partner visa two stage process.

Keep contact details up to date

The Department will use the contact details it holds. Contact details that were correct at lodgement are often out of date by the second half of the partner visa two stage process. Subsection 52(3B) of the Migration Act 1958 requires an applicant to tell the Department of any change in contact information. Changes can be notified through ImmiAccount or using Form 929, Change of contact and/or passport details.

This matters because the Department's policy allows a decision to be made on the information already held if it cannot contact the applicant despite reasonable efforts. An applicant who moved house, changed email address or changed representative and did not update the Department risks a stage two decision being made without their updated evidence.

The firm's immigration lawyer guide explains what a representative does at each step. Applicants who appointed a migration lawyer or agent will have done so using Form 956 or Form 956A. Where an authorised recipient is appointed, correspondence usually goes to them. If the representative changed during the years between stages, the Department should be told. Applicants who lodged themselves and now want help with stage two can read about hiring an immigration lawyer after lodging your own application.

What to send at stage two of the partner visa two stage process

At stage two of the partner visa two stage process, the Department makes a fresh decision. Its policy says that, before a Subclass 801 visa is granted, the applicant must demonstrate that they continue to meet the definition of a spouse or de facto partner, and that "this is a fresh assessment, based on the evidence before the delegate at the time of decision". The decision maker does not simply rely on the stage one finding.

What to send therefore follows from what the Department must decide. The main items are set out below.

Updated evidence of the continuing relationship

The core of the stage two material is evidence that the same relationship has continued since lodgement. Paragraph 801.221(2)(c) requires the applicant to continue to be the spouse or de facto partner of the sponsoring partner, and the relationship must be the same one that led to the Subclass 820 grant. Paragraph 801.221(2)(b) also requires the applicant to continue to be sponsored by the same sponsor. Rules on who can sponsor, and how often, are covered on the firm's page on partner visa sponsorship limitations.

The evidence should cover the period since the combined application was lodged, across each of the four aspects of the relationship.

• Financial aspects. Recent joint bank statements, shared bills, joint ownership or leasing of property, and evidence of shared financial responsibilities.
• Nature of the household. Current lease or mortgage documents, utility accounts, correspondence addressed to both partners at the same address, and evidence of how household responsibilities are shared.
• Social aspects. Evidence that the couple are known as a couple, such as joint invitations, travel together, photographs over time and joint activities.
• Nature of the commitment. Evidence of the couple's ongoing commitment to each other and to a shared future, including how they have supported each other since lodgement.

The criteria that continue to apply are listed in the firm's guide to 820 visa requirements and documents. The firm's article on preparing evidence of a genuine relationship explains how to organise this evidence. The aim is not volume. The aim is a clear, dated picture that shows the relationship has continued.

An update to the relationship statement

Many couples provide an update to their relationship statement at stage two. It should not repeat the whole history. It should explain how the relationship has continued since lodgement: where the couple have lived, how they manage finances, significant events, periods apart and the reasons for them, and their plans together.

In the partner visa two stage process, this update is often the first document a decision maker reads at stage two. The relationship statement is the couple's own evidence. It must be accurate, and it must be consistent with what was said at stage one. If something has changed, such as a move, a period living apart for work or the birth of a child, the update should explain it plainly.

Form 888 supporting statements

Form 888 is the Department's form for a statement by an Australian citizen or permanent resident supporting a partner visa application. It is a supporting statement. It is not a statutory declaration. At stage two of the partner visa two stage process, fresh Form 888 statements from people who know the couple can help confirm that the relationship has continued. The firm's guide to Form 888 example answers and common mistakes explains what a useful statement contains.

Police certificates

Police certificates are often required at stage two. The Department's policy states that applicants must provide a current penal clearance for any country they have lived in for a cumulative period of 12 months or more since being granted the Subclass 820 visa. The same applies to family members included in the application who meet the age requirement. The Department's policy also notes that penal clearances are generally valid for 12 months.

The practical lesson for the partner visa two stage process is timing. A police certificate obtained too early may no longer be current when the Department assesses stage two. Where overseas police certificates are needed, they can take time to obtain, so the process should start as the eligibility point approaches.

Health examinations

Most applicants do not need new health examinations at stage two. The Department's policy states that applicants who received a permanent health clearance for their Subclass 820 visa are not ordinarily required to undertake additional health checks at the permanent stage. Repeat examinations may be requested where there is reason to believe a health condition was not disclosed, where the Department has information that the applicant's health has changed, or where the temporary visa ceased more than 12 months before the permanent assessment began.

Children added to the application after the Subclass 820 grant, for example a child born or adopted later, may need health examinations at the second stage.

Personal particulars

The Department may ask for updated personal information at stage two, including Form 80. Any new form must be consistent with what was provided earlier. The firm's guide to completing Form 80 explains the form. If the Department asks for any document by formal request, the request must be answered within the time it states. The article on responding to a section 56 request for more information explains how those requests work.

Children and family members

Family members who are included in the combined application as dependent children are assessed with the primary applicant. The Department's policy notes several points that apply at stage two.

• A child born in Australia to the couple will often be an Australian citizen by birth and therefore will not need a visa.
• A newborn child who is not an Australian citizen is added to the application under regulation 2.08.
• A dependent child who was not included at lodgement can, in some circumstances, be added to the Subclass 801 application once they hold a Subclass 445 Dependent Child visa, including by Form 1002.
• The primary applicant must be granted the Subclass 801 visa before family members can be granted theirs.

Any change in circumstances

Anything that has changed since lodgement should be disclosed at stage two if it has not already been notified. That includes new addresses, new passports, changes in employment, travel, children, and any change in the relationship. Section 104 of the Migration Act 1958 requires applicants to notify the Department in writing of changes in circumstances that make an earlier answer incorrect. Changes are usually notified using Form 1022, explained in the firm's article on Form 1022 change of circumstances. The obligation runs throughout the partner visa two stage process, not only at stage two.

When the permanent visa is granted straight after stage one

The partner visa two stage process does not always involve a two year wait. For some couples, the two stages are decided one immediately after the other. Subclause 801.221(6A) of Schedule 2 provides that the two year requirement does not apply to an applicant who, at the time of making the application, was in a long-term partner relationship with their sponsor.

Regulation 1.03 of the Migration Regulations 1994 defines a long-term partner relationship. In summary, it is a relationship that has existed for not less than three years, or not less than two years where there is a dependent child of both partners, other than a step-child. The Department's policy uses the same summary.

Where the long-term rule applies, the Department's policy directs the decision maker to assess the Subclass 801 application immediately after granting the Subclass 820 visa. If the Schedule 2 criteria for the permanent visa are satisfied, the Subclass 801 visa should be granted. In practice, the applicant may hold the Subclass 820 visa only briefly before the permanent visa is granted.

How the long-term rule is assessed

The test is applied at the time the combined application was made, not at the time of decision. The couple must show that their relationship had already met the required length at lodgement. That means the evidence lodged at stage one should establish when the relationship began and how it developed, with documents that support the start date.

This is why the long-term rule must be considered at the very start of the partner visa two stage process, not at the end. Couples who are close to the threshold should take care when the relationship is said to have started. A start date that is not supported by evidence, or that is inconsistent with earlier visa applications, can lead to the long-term claim being rejected and to questions about the relationship itself. The firm's article on the de facto partner visa and the 12-month rule explains a separate time requirement that applies to de facto applicants at lodgement, which should not be confused with the long-term partner relationship rule.

The child of the relationship

The two year variant of the long-term rule depends on a dependent child of both partners. A step-child does not count. A child of only one partner does not count. Where the couple have a child together, the birth certificate and evidence of the child's dependency should be provided.

Same-sex couples are assessed under exactly the same partner visa two stage process, including the long-term partner relationship rule. The firm's LGBTI partner visa page explains the issues specific to those applications.

What happens if the relationship ends before stage two?

If the relationship ends before the Subclass 801 visa is decided, the permanent visa will usually be refused unless one of the special provisions in the Regulations applies. The partner visa two stage process is built on the relationship continuing. Where it ends, the applicant can generally no longer meet paragraph 801.221(2)(c), which requires them to continue to be the spouse or de facto partner of the sponsor.

The Regulations contain important exceptions. Subclauses 801.221(5) and 801.221(6) allow the permanent visa to be granted after the relationship has ended in specified circumstances. Under paragraph 801.221(7)(d), these applicants do not need to wait until two years have passed. The firm's article on what happens if the relationship breaks down during a Subclass 820 application covers the earlier stage. The sections below deal with the period after the Subclass 820 visa has been granted.

Family violence

Subparagraph 801.221(6)(c)(i) applies where the relationship has ended since the Subclass 820 grant and the applicant, a dependent child of the applicant, or a dependent child of the sponsor or of both of them, has suffered family violence committed by the sponsoring partner.

The Department's policy makes two points that are often misunderstood.

• There is no requirement for a cause-and-effect link between the family violence and the end of the relationship.
• The family violence, or part of it, must have occurred while the married or de facto relationship existed.

The applicant must also show that they were the spouse or de facto partner of the sponsor until the relationship ended. In other words, the relationship must have been genuine before it ceased. Whether the sponsor is taken to have committed family violence is decided under regulation 1.23 and Division 1.5 of the Regulations, which set out the kinds of evidence that can be relied on. The firm's page on family violence and partner visas explains how these provisions work.

These provisions are among the most important protections in the partner visa two stage process. The Tribunal regularly deals with these questions. In Siyad (Migration) [2025] ARTA 2129, a Subclass 820 matter that the Tribunal remitted to the Department for reconsideration, the reported issues were that the relationship had ceased, whether there was a genuine and continuing relationship before the family violence, coercive control, and joint utility and tenancy accounts. The reported issue line shows how the genuineness of the relationship before it ended remains central even where family violence is claimed.

A child of the relationship

Subparagraph 801.221(6)(c)(ii) applies where the relationship has ended and the applicant has custody or joint custody of, or access to, a child, or a residence or contact order under the Family Law Act 1975, and the sponsor has corresponding rights or a child maintenance obligation in relation to that child. The Department's policy explains that the purpose is to allow the parent and child relationship to continue and to avoid a situation where an applicant feels compelled to stay in a violent relationship.

Documents such as a parenting order, a parenting plan or a court order giving access can assist. In Phan (Migration) [2020] AATA 513, a Subclass 820 matter that was remitted, the reported issues were that the relationship had ceased, the sponsorship had been withdrawn, there was a child of the relationship and biological parentage had been confirmed.

Death of the sponsor

Subclause 801.221(5) applies where the sponsor has died since the Subclass 820 visa was granted. The applicant must show that they would have continued to be the sponsor's spouse or de facto partner if the sponsor had not died, and that they have 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.

In Phung (Migration) [2023] AATA 3642, a Subclass 820 matter that was remitted, the reported issues were the genuine relationship before the sponsor's death, a valid marriage, the financial, household and social aspects of the relationship, and supporting statements. Close ties are assessed case by case, and the policy treats regular and ongoing contact with family and friends in Australia, and carer responsibilities for children, as relevant personal ties.

When none of the special provisions apply

Where the relationship has ended and none of these provisions apply, the Subclass 801 visa is likely to be refused. The Department can also consider cancelling the Subclass 820 visa. Its policy describes a process in which the Subclass 820 visa is cancelled, natural justice is given on the proposed refusal of the Subclass 801 application, and the permanent application is then finalised.

A relationship that has ended must be reported. Separation is the point at which the partner visa two stage process most often goes wrong, usually because nothing is reported and nothing is done. The Department's frequently asked questions point to the Notification of Relationship Cessation form in the "Update Details" tab in ImmiAccount. A sponsor may also withdraw the sponsorship. An applicant in this position should get advice before taking any step, because the right course depends on whether any exception applies and on what other visa options exist. Once the partner visa two stage process ends without a permanent grant, options become narrower.

What if circumstances change between the two stages?

Changes in circumstances during the partner visa two stage process must be reported. Section 104 of the Migration Act 1958 requires an applicant to notify the Department in writing if their circumstances change so that an answer in the application is no longer correct. The years between lodgement and stage two are long, and most couples' lives change in that time.

Common changes include:

• moving to a new address;
• a new passport;
• a new job, study or business;
• the birth or adoption of a child;
• a period living apart, for example for work or family reasons;
• a change in the relationship; and
• a criminal charge or conviction anywhere in the world.

Most changes are notified using Form 1022, Notification of changes in circumstances, and contact or passport changes can use Form 929 or ImmiAccount. A period living apart does not necessarily mean the relationship has ended, but it should be explained with evidence of continuing contact and commitment. Leaving a change unreported, and then providing different information at stage two, invites doubt about the whole history.

Travel between the two stages

Travel is allowed during the partner visa two stage process once the Subclass 820 visa is granted. The temporary visa permits the holder to travel to, enter and remain in Australia until the permanent application is decided. However, travel carries risks that are specific to the permanent stage.

The permanent visa can be granted inside or outside Australia

Clause 801.411 allows the Subclass 801 visa to be granted whether the applicant is in Australia or outside Australia. An applicant who is overseas when the permanent visa is granted does not need to return to Australia for the grant to take effect.

Review rights depend on being in Australia

The risk lies in a refusal. Under section 347 of the Migration Act 1958, an application for Tribunal review of a partner visa refusal can only be made while the applicant is physically in Australia. The Department's policy acknowledges this, noting that an applicant refused while outside Australia will be unable to apply for merits review. The policy allows a decision maker to defer a decision for a short period to allow the applicant to contact the Department or return, but this is not guaranteed.

Long periods overseas can also affect the relationship assessment. The Department will look at where each partner has been living, and periods apart need to be explained. Couples planning extended travel as stage two approaches should take advice before they go.

After the permanent visa is granted

Clause 801.511 provides that the Subclass 801 visa is a permanent visa permitting the holder to travel to and enter Australia for five years from the date of grant. After that period, a resident return visa or Australian citizenship is needed for re-entry as a permanent resident.

Delays at stage two of the partner visa two stage process

Many couples find that stage two does not begin the moment the eligibility point is reached. Delays at the permanent stage are common, and the published timeframes change, so this article does not state them. What can be said is that the following factors commonly cause stage two to take longer than expected.

• Incomplete stage two information. Missing police certificates, out of date documents or thin relationship evidence often lead to a further request.
• Requests for more information. The Department may make a section 56 request. Each request adds time while the applicant responds.
• Integrity concerns. The Department's policy allows decision makers to undertake additional checks and to seek assistance from an internal integrity team where there are significant concerns about the relationship.
• Interviews. The Department may interview one or both partners about the relationship.
• Unreported changes. A change in address, passport or family composition that was not notified can lead to questions.
• Character or health issues. New police records or health questions can extend processing.

Where the Department has information that could lead to refusal, it will usually invite comment first. The firm's article on the section 57 natural justice letter for a partner visa explains how to respond. A well-prepared response at that point can be the difference between grant and refusal.

A delay in the partner visa two stage process does not affect the applicant's lawful status. The Subclass 820 visa remains in effect until the permanent application is decided, so a long stage two wait does not leave the applicant without a visa.

Refusal at the permanent stage

A refusal of the Subclass 801 visa is generally reviewable by the Administrative Review Tribunal under subsection 338(2) of the Migration Act 1958. The review application must be made by the applicant while they are in Australia, within a deadline that is short and strictly applied. Anyone who receives a refusal notice should get advice the same day.

When a Subclass 801 visa is refused, the Subclass 820 visa ceases on notification of the refusal. Where the applicant is in Australia, the bridging visa associated with the application comes back into effect, giving them a period in which to leave or to seek review. If the Tribunal later finds in the applicant's favour, subclause 801.221(8) allows the permanent visa to be granted even though the applicant no longer holds the Subclass 820 visa.

The firm's articles on partner visa refusal appeal options, what to expect at an ART review and when you need a visa appeal lawyer explain the review process. The firm's pages on partner visa refusals and visa refusals generally describe how these matters are handled, and the visa cancellations page covers the position where the Subclass 820 visa is cancelled. The articles on why partner visas get refused and the most common reasons Subclass 820 visas are refused explain the evidence problems behind many refusals, and the article on applying for a partner visa after a refusal covers what may be possible afterwards.

Common mistakes in the partner visa two stage process

Most problems in the partner visa two stage process are avoidable. The mistakes below are the ones that most often cause delay or concern at the permanent stage.

• Counting the two years from the wrong date. The eligibility point runs from lodgement of the combined application, not from the Subclass 820 grant.
• Treating the temporary grant as the finish line. The permanent stage involves a fresh assessment of the relationship.
• Letting the evidence stop at lodgement. Couples who keep joint records, photographs and correspondence throughout the years between stages find stage two far easier.
• Not reporting changes. Moves, new passports, children and periods apart should be notified as they happen.
• Obtaining police certificates too early or too late. Certificates must be current when the Department assesses stage two.
• Inconsistent accounts. Dates and events given at stage two must match what was said at stage one and in earlier visa applications.
• Travelling at the wrong time. An applicant who is overseas when a refusal is made cannot seek review until they are back in Australia, and returning may not be possible in time.
• Missing the long-term relationship rule. Couples who qualified at lodgement but did not evidence the start of the relationship may wait years they did not need to wait.

Couples who prepared their own application and are now unsure about stage two can ask for a second opinion from an immigration lawyer. The firm's article on whether to use a partner visa lawyer or do it yourself and its explanation of when you need an immigration lawyer for a partner visa set out the considerations. Couples comparing representatives can read the guides on partner visa migration agents and lawyers, how to choose a partner visa lawyer in Australia and what happens at an immigration lawyer consultation. Where a matter has become time critical, the article on urgent immigration lawyer advice explains what to prepare, and the article on changing your immigration lawyer explains how representation can be transferred mid-application.

How My Migration Lawyers helps with the partner visa two stage process

My Migration Lawyers acts in many matters at every point of the partner visa two stage process, from lodgement of the combined application through to the permanent stage and, where needed, Tribunal review. The firm is experienced with the complex cases: long gaps between stages, relationships that have changed, children added along the way, applicants who have travelled, and relationships that have ended because of family violence or the death of the sponsor. It is capable of handling these matters from beginning to end.

On the partner visa two stage process, the firm's work is practical and specific.

• Mapping the timeline. The firm identifies the lodgement date, the eligibility point for the permanent stage and whether the long-term partner relationship rule may allow both visas to be granted together.
• Reviewing the stage one file. Before anything is sent at stage two, the firm reads what was lodged at stage one, including the relationship statement and Form 888 statements, so that the stage two material is consistent with it.
• Preparing the stage two material. The client provides their documents. The firm advises on the updated evidence of the continuing relationship across the four aspects, the update to the relationship statement, fresh Form 888 statements and the police certificates required, and presents the client's own account and evidence in the form the law requires. The client reviews and corrects their own statement before anything is lodged.
• Reporting changes correctly. The firm advises on Form 1022, Form 929 and any notification needed for changes since lodgement.
• Responding to requests. Section 56 requests, natural justice letters and interview preparation are handled within the time allowed.
• Acting where the relationship has ended. Where family violence, a child of the relationship or the death of the sponsor is involved, the firm advises on the special provisions and presents the evidence the Regulations require.
• Acting on refusals. Where a permanent stage refusal has been made, the firm advises on review immediately.

The firm's partner visa practice is overseen by its Principal Lawyer, Weiwei Zhang. More about the firm is on the about page, and its partner visa services are described on the partner visa lawyer page and in the article on partner visa lawyers.

Consultations are held by video, so the partner visa two stage process can be managed with the firm from anywhere in Australia. My Migration Lawyers acts for couples in Sydney, Parramatta, Melbourne, Brisbane, the Gold Coast, Perth, Adelaide, Canberra and Hobart.

If your permanent stage is approaching, or you want to know where your application stands in the partner visa two stage process, book a consultation, or call 1300 040 300.