Key Takeaways
- The permanent partner visa is the second stage of the partner visa: Subclass 801 for applicants who applied in Australia and Subclass 100 for applicants who applied outside Australia.
- In the usual case there is no new application, because the permanent partner visa was applied for in the same combined application as the temporary Subclass 820 or provisional Subclass 309 visa.
- Eligibility for the permanent partner visa is generally assessed about two years after the combined application was lodged, when the Department asks for updated information and evidence.
- The Department must be satisfied that the relationship is still genuine and continuing, so current evidence of the financial aspects, the nature of the household, the social aspects and the nature of the commitment is central.
- If the relationship ends before the permanent stage, the family violence provisions, the death of the sponsor or a child of the relationship may still allow the permanent partner visa to be granted in some cases.
- Changes in circumstances, new children, new addresses and character matters should be reported correctly before the permanent partner visa is decided, not left for the case officer to discover.
The permanent partner visa is the second stage of Australia's partner visa. For most couples, the permanent partner visa is not a separate application at all. It was applied for at the same time as the temporary visa, and the Department of Home Affairs decides it later, once the applicant becomes eligible.
That later decision is where many couples lose momentum. The temporary visa has been granted, life has moved on, and the permanent partner visa stage arrives with a request for updated evidence that the relationship is still genuine and continuing. This guide explains exactly what the permanent partner visa stage involves, when it is assessed, what evidence the Department expects to see, what happens if circumstances have changed, and how to prepare so the decision is made on a complete and accurate file.
If you are still deciding how to apply, the broader partner visa guide to Subclass 820, 801, 309, 100 and 300 explains each pathway. If you need to understand how the two onshore subclasses relate to each other, the article on Subclass 820 vs Subclass 801 sets out the difference. This article is the practical guide to obtaining the permanent partner visa itself.
What is the permanent partner visa?
The permanent partner visa is either the Subclass 801 Partner visa or the Subclass 100 Partner visa, depending on where the applicant was when the combined partner visa application was lodged. Both are permanent visas. Both allow the holder to live in Australia indefinitely as a permanent resident.
Australia's partner visa operates in two stages. The first stage is a temporary or provisional visa. The second stage is the permanent partner visa. The law treats the two stages as one combined application, lodged once, with one visa application charge, but decided at two different points in time.
Subclass 801: the onshore permanent partner visa
The Subclass 801 visa is the permanent partner visa for applicants who were in Australia when they applied. It is the second stage of the Subclass 820 onshore partner visa. The applicant applies for the Subclass 820 and the Subclass 801 together. The Subclass 820 is usually decided first. The Subclass 801 is decided later.
While the Subclass 801 permanent partner visa is pending, the Subclass 820 holder can stay in Australia, work, study, travel in and out of Australia and enrol in Medicare. The detailed requirements for the first stage are explained in the guide to the Subclass 820 visa and the onshore partner visa and in the complete Subclass 820 partner visa guide.
Subclass 100: the offshore permanent partner visa
The Subclass 100 visa is the permanent partner visa for applicants who were outside Australia when they applied. It is the second stage of the Subclass 309 offshore partner visa. The two are lodged together, and the applicant must be outside Australia when the combined application is made and when the Subclass 309 is granted.
Once the Subclass 309 is granted, the holder can travel to Australia and live here while the Subclass 100 permanent partner visa is processed. The Subclass 100 can generally be granted whether the holder is in or outside Australia at the time of the decision.
Subclass 300 holders and the permanent partner visa
A Subclass 300 Prospective Marriage visa is not itself a pathway that leads directly to a permanent partner visa. The holder must marry the sponsor within the visa period and then apply in Australia for the Subclass 820 and Subclass 801. From that point, the permanent partner visa stage works in the same way as for any other onshore applicant. The Subclass 300 Prospective Marriage visa page explains the first part of that pathway.
Do you need to lodge a new application for the permanent partner visa?
No. In the usual case there is no new application for the permanent partner visa, because it was applied for in the same combined application as the temporary or provisional visa. No second visa application charge is paid. No second sponsorship is lodged.
This point is often misunderstood. Applicants sometimes search for a separate permanent partner visa form in ImmiAccount and, when they cannot find one, assume they have missed a step. They have not. The application for the permanent partner visa already exists. What the second stage requires is updated information and evidence, provided through the existing application in ImmiAccount.
There are limited situations where a person may need advice about a fresh application rather than relying on the existing one. These usually involve a relationship that has ended without any of the special provisions applying, a refused application, or an applicant whose immigration history raises separate issues. Those situations should be assessed individually before anything is lodged. A partner visa lawyer can identify whether the existing application can still lead to the permanent partner visa or whether a different strategy is needed.
When is the permanent partner visa assessed?
Eligibility for the permanent partner visa is generally assessed about two years after the combined partner visa application was lodged. The relevant date is the date of lodgement of the combined application, not the date the temporary or provisional visa was granted.
This distinction matters in practice. Where the first stage took a long time to decide, an applicant may find that they become eligible for the permanent partner visa stage relatively soon after the Subclass 820 or Subclass 309 is granted. In some cases, the two decisions are close together. Couples who expected a long gap between the first and second stages are sometimes surprised by how quickly the Department asks for permanent partner visa evidence.
How the Department starts the permanent partner visa stage
The Department generally contacts the applicant when the permanent partner visa stage approaches and asks for updated information and evidence. The request usually comes through ImmiAccount or by email to the address recorded on the application, or to the authorised recipient appointed on Form 956 or Form 956A.
Applicants who are eligible but have not yet heard from the Department can usually provide updated evidence through ImmiAccount. Uploading complete, well-organised evidence at the right time allows the case officer to assess the permanent partner visa without first having to ask for it. Uploading disorganised material, duplicate files or documents that contradict earlier information does the opposite.
Why the timing of the permanent partner visa is not fixed
The two-year point is when the applicant generally becomes eligible to be assessed. It is not a promise that the permanent partner visa will be decided on that date. The Department decides applications in its own order and publishes indicative processing times in its processing time guide tool. Those times change, and they do not bind the Department in any individual case. The article on Subclass 820 processing times explains how the published processing information should be read.
What the Department asks for at the permanent partner visa stage
At the permanent partner visa stage, the Department asks for evidence that the relationship is still genuine and continuing, together with updated personal information about the applicant, the sponsor and any family members included in the application. The aim is to confirm that the applicant still meets the criteria for the permanent visa at the time of decision.
The typical permanent partner visa request covers:
- updated evidence of the relationship across the four aspects the law requires the Department to consider;
- updated supporting statements on Form 888 from Australian citizens or permanent residents who know the couple;
- an updated account of the relationship since the first-stage application;
- police certificates, where requested, and other character information;
- details of any change in address, employment, household or family circumstances;
- details of any children born or added since lodgement; and
- passport or identity updates, where a passport has been renewed or replaced.
Every permanent partner visa request should be read carefully. The Department sometimes asks for specific documents, and a response that answers a different question from the one asked can cause delay. Where the request comes as a formal request for more information, the guidance on responding to a section 56 request for more information applies.
Proving the relationship has continued: the four aspects
The central question at the permanent partner visa stage is whether the couple is still in a genuine and continuing relationship. The Department must consider all the circumstances of the relationship, including four aspects set out in the Migration Regulations: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. For de facto relationships these aspects are set out in regulation 1.09A, and for spouses the same matters are considered under regulation 1.15A.
These four aspects are not separate statements and they are not boxes to tick. They are categories of evidence. The case officer looks at the whole picture. A permanent partner visa application that is strong in one aspect but silent in another invites questions. The article on partner visa relationship evidence explains the four aspects in general terms. At the permanent partner visa stage, the focus is on what has happened since the first-stage application was lodged.
The Tribunal has repeatedly emphasised the value of evidence that is detailed and consistent across all four aspects. In Hoang (Migration) [2021] AATA 2853, a Subclass 820 matter, the Tribunal's reasons turned on detailed and consistent evidence of the financial, household and social aspects of the relationship and the nature of the commitment. The same approach is relevant to the permanent partner visa, because the question is the same: is this relationship genuine and continuing?
Financial aspects at the permanent partner visa stage
Financial evidence at the permanent partner visa stage should show how the couple has shared financial responsibility since the first-stage application. The most useful documents are those created in the ordinary course of life, not documents opened just before the permanent partner visa request.
Relevant evidence includes:
- joint bank account statements showing ongoing use by both partners;
- a joint lease or mortgage, or a lease or mortgage that names both partners;
- shared utility, internet and insurance accounts;
- evidence of shared major purchases, such as a car or furniture;
- nominations of each other as superannuation or insurance beneficiaries; and
- evidence of one partner supporting the other financially, where that is how the couple lives.
There is no single financial arrangement that the law requires. Some couples pool everything. Others keep separate accounts and divide expenses. What matters is that the evidence reflects how this couple actually lives and that it is consistent with what the couple has told the Department. The partner visa document checklist is a useful reference point for the types of documents that are commonly relied on.
Nature of the household
The nature of the household concerns how the couple lives together: where they live, how household responsibilities are shared, and how they care for any children. At the permanent partner visa stage, the Department expects evidence that the couple has continued to live together, or a clear explanation for any period when they have not.
Useful evidence includes correspondence addressed to both partners at the same address, a current lease or mortgage, and an explanation of how household tasks, bills and childcare are divided. Where the couple has moved since the first-stage application, the new address should already have been reported to the Department. The evidence should show the move as a shared decision.
Periods of living apart are not fatal to a permanent partner visa. Work, study, family illness overseas and caring responsibilities can all require temporary separation. The issue is whether the separation is explained and whether the relationship continued during it. An unexplained gap in cohabitation is a common reason for a request for further information.
Social aspects
The social aspects concern whether the relationship is known and recognised by family, friends and the community, and whether the couple presents itself as a couple. At the permanent partner visa stage, the Department looks for evidence that this recognition has continued.
Evidence can include invitations addressed to both partners, photographs over time with family and friends, joint travel, membership of clubs or community groups, and the updated Form 888 statements. Social media can form part of the picture, but it is rarely sufficient on its own. The guide to preparing evidence of a genuine relationship explains how to present social evidence so that it supports the account of the relationship rather than simply adding volume.
Nature of the commitment
The nature of the commitment concerns the couple's mutual commitment to a shared life together to the exclusion of all others. It includes the length of the relationship, the degree of companionship and emotional support, and the couple's intentions for the future.
At the permanent partner visa stage, the nature of the commitment is often shown by the decisions the couple has made since the first-stage application: a home purchase, a child, a wedding, a move interstate together, a long-term financial plan, or care for each other through illness or hardship. These are the events that show a relationship has continued and deepened. They should be described in the updated account of the relationship and supported by documents wherever possible.
Updating the relationship statement for the permanent partner visa
The permanent partner visa stage usually requires an updated account of the relationship from both the applicant and the sponsor. This is the couple's own account of what has happened since the first-stage application was lodged. It is not a new relationship history from the beginning, and it should not contradict what was said earlier.
There is one relationship statement for each partner. Matters such as how the relationship has developed, how the couple lives now and the couple's plans for the future are parts of that statement, not separate statements. The original statement lodged with the first-stage application remains on the file. The update should pick up where it left off.
A strong update for the permanent partner visa usually covers:
- where the couple has lived since the application was lodged, and any moves;
- changes in work, study or income and how the couple has managed them together;
- significant events, such as a marriage, the birth of a child, a home purchase, illness or bereavement;
- any period of living apart and why it happened;
- how the couple is recognised by family and friends; and
- the couple's plans for the future.
The statement must be accurate. The applicant and the sponsor each give their own account, in their own words, and each reviews and corrects their statement before it is provided. My Migration Lawyers presents that account in the form the law requires and checks it against the documents already on the Department's file. The guide to the partner visa relationship statement explains the structure of a relationship statement in more detail.
Consistency with the first-stage application
Inconsistency is one of the most common reasons a permanent partner visa application attracts further scrutiny. Dates, addresses, the timeline of the relationship and the names of family members must match what was provided at the first stage, unless there is a reason for the difference and that reason is explained.
In Le (Migration) [2025] ARTA 2423, a Subclass 820 matter, the issues before the Tribunal included incorrect residential information in the visa application, alongside evidence such as a joint bank account and shared education expenses. Errors in residential history can become a significant issue in a partner visa matter. At the permanent partner visa stage, the safest approach is to review the original application before preparing anything new, identify any error, and correct it properly through the Department's processes.
Updated Form 888 statements for the permanent partner visa
Updated Form 888 statements are commonly provided at the permanent partner visa stage. A Form 888 is a supporting statement by an Australian citizen or permanent resident who knows the couple. It is not a statutory declaration. It is the Department's own form, and it asks the witness to explain how they know the couple and why they believe the relationship is genuine and continuing.
The witnesses at the permanent partner visa stage can be the same people who gave statements at the first stage, or different people. What matters is that each witness genuinely knows the couple and can speak to the relationship as it is now. A Form 888 that simply repeats what was written two years earlier adds little. A Form 888 that describes recent events, visits and observations of the couple's life together adds real weight.
The articles on who can make a Form 888 and what it should say and Form 888 example answers and common mistakes explain the form in detail. In some special partner visa cases, statutory declarations rather than Form 888 statements are required by the regulations, and providing the wrong document can cause serious problems. Those cases should be assessed individually.
Police certificates and character at the permanent partner visa stage
The applicant must continue to meet the character requirements at the time the permanent partner visa is decided. The Department may ask for new police certificates at the permanent partner visa stage, including an Australian police check and certificates from countries where the applicant has lived since the first-stage application.
Police certificates have a limited period of validity for Department purposes. A certificate provided with the first-stage application may no longer be accepted by the time the permanent partner visa is assessed. Applicants should read each request carefully and obtain exactly the certificates requested. Where a certificate is difficult to obtain from a particular country, the difficulty should be documented and explained.
Character is assessed against the public interest criteria in Schedule 4 to the Migration Regulations, which apply at the time of decision. Where a character concern arises at the permanent partner visa stage, the same principles that lead to partner visa refusals at the first stage can apply again. The article on why Subclass 820 partner visas are refused explains the common grounds.
Form 80 and Form 1221 at the permanent stage
The Department may ask the applicant, and family members included in the application who are aged 16 or over, to complete Form 80 (personal particulars for assessment including character assessment) and sometimes Form 1221 (additional personal particulars information). These forms are often requested in partner visa matters. If they were completed at the first stage, a new request at the permanent partner visa stage usually means the Department wants current information. The guide to completing Form 80 without errors explains the common pitfalls.
Changes in character circumstances
If the applicant has been charged with or convicted of an offence since the first-stage application, that fact must be disclosed. Character issues at the permanent partner visa stage require careful legal handling, because the consequences can extend beyond the permanent partner visa to the temporary visa the applicant already holds. Advice should be obtained before any response is lodged. The visa cancellations page explains the separate risks that can arise.
Health requirements
Health examinations are generally completed at the first stage. The Department may ask for further health examinations before the permanent partner visa is decided, particularly where a new family member has been added or where a significant period has passed. Requests for health examinations should be completed promptly through the Department's arrangements.
Children born or added before the permanent partner visa
Children are a common change in circumstances between the two stages. How a child is dealt with depends on where the child was born and the citizenship or residence status of the parents.
A child born in Australia is generally an Australian citizen by birth if at least one parent is an Australian citizen or permanent resident at the time of the birth. Because the sponsor is an Australian citizen, permanent resident or eligible New Zealand citizen, many children born to partner visa couples in Australia are Australian citizens from birth and do not need to be included in the permanent partner visa application. The child's citizenship status should still be confirmed and the birth notified to the Department, because the birth is relevant evidence of the relationship.
A child born outside Australia, or a child whose status is not straightforward, may need to be added to the application before the permanent partner visa is decided. The regulations allow certain children born after lodgement to be treated as included in the application, and allow some dependent children to be added before the application is decided. The rules are technical, and the timing is critical. Once the permanent partner visa has been decided, a child who was not included generally needs a separate visa pathway.
The birth of a child of the relationship is also strong evidence for the permanent partner visa. A birth certificate naming both partners, evidence of shared care and the couple's arrangements for the child's upbringing go directly to the nature of the household and the nature of the commitment. The guide to the 820 partner visa evidence checklist lists the documents that typically support these aspects.
Change of address and Form 1022
Applicants must tell the Department about changes in their circumstances while the permanent partner visa is being processed. This obligation continues from the date of application until the visa is decided. It is not limited to the first stage.
Changes that should be reported include:
- a change of residential address or contact details;
- a new passport;
- the birth of a child or a change in family composition;
- a marriage, where the couple applied as de facto partners;
- a change in the relationship, including separation; and
- any new criminal charge or conviction.
Form 1022 is the Department's notification of changes in circumstances form. A change of address and contact details can generally be updated in ImmiAccount. The article on Form 1022 and when to lodge it explains which changes need formal notification.
A couple that moved home without telling the Department is not in a hopeless position. The safest course is to notify the change now, before the permanent partner visa is assessed, and to explain the timing. A change of address that appears for the first time in the evidence, without any notification, invites questions that are easily avoided.
Can the permanent partner visa be granted at the same time as the temporary visa?
Yes, in some cases. Where the couple was already in a long-term relationship when the combined application was lodged, the regulations allow the permanent partner visa to be considered and granted without the usual waiting period. In practice, this can mean the Subclass 801 or Subclass 100 is granted at the same time as, or very shortly after, the first-stage visa.
The long-term relationship exception has specific requirements, including the duration of the relationship and, in some cases, whether the couple has a dependent child of the relationship. Those requirements are applied strictly, and the relevant date is the date of application. Couples who believe they may qualify should have their history assessed before relying on the exception.
The exception does not lower the evidentiary standard. A couple seeking the permanent partner visa directly must still prove that the relationship is genuine and continuing, and must still meet the other criteria, including health and character. The evidence needs to show the full length of the relationship being relied on, not just its recent history.
Section 56 requests and natural justice at the permanent partner visa stage
The case officer may send a formal request for more information before deciding the permanent partner visa. A request under section 56 of the Migration Act 1958 sets a deadline, and the decision may be made after that deadline whether or not a response has been received. Every request must be answered in full and on time.
If the Department has information that it considers would be a reason, or part of a reason, for refusing the permanent partner visa, it is generally required to give the applicant particulars of that information and an opportunity to comment. This is often done by a letter under section 57. A natural justice letter at the permanent partner visa stage is serious. It usually means the case officer has identified a concern about the relationship, a change of circumstances or an inconsistency. The guide to responding to a section 57 natural justice letter for a partner visa explains how these letters work.
A response to a section 56 request or a section 57 letter should address the concern directly, with evidence, and should not introduce new inconsistencies. The response is often the last opportunity to put information before the Department before the permanent partner visa is decided.
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What happens if the relationship ends before the permanent partner visa?
If the relationship ends before the permanent partner visa is decided, the applicant generally no longer meets the core requirement of a genuine and continuing relationship. In that case, the permanent partner visa will usually be refused unless one of the special provisions in the regulations applies. The three main provisions concern family violence, the death of the sponsor and a child of the relationship.
The end of a relationship must be reported to the Department. Applicants sometimes delay telling the Department in the hope that the relationship will recover, or because they fear the consequences. Delay rarely helps. The Department may already know through the sponsor, and a failure to notify can create credibility problems that make any special provision harder to rely on. The article on what happens to a Subclass 820 application if the relationship breaks down explains the first steps.
Family violence and the permanent partner visa
The family violence provisions can allow the permanent partner visa to be granted after the relationship has ended, where the relationship was genuine and continuing and family violence was committed by the sponsor against the applicant, or against a member of the applicant's family unit. The applicant must show both elements: that the relationship was genuine before it ended, and that family violence occurred.
Family violence is not limited to physical violence. It can include coercive control, threats, intimidation, financial abuse and other conduct that causes a family member to fear for their safety or wellbeing. Evidence can be judicial, such as a court order, or non-judicial, where the regulations set out the types of evidence that can be relied on. The family violence partner visa page explains how these provisions work.
In Siyad (Migration) [2025] ARTA 2129, a Subclass 820 matter, the issues included whether there was a genuine and continuing relationship before family violence occurred, coercive control, and evidence such as joint utility and tenancy accounts. The case illustrates that a family violence claim at the permanent partner visa stage still depends on proving the relationship itself. Safety comes first. Anyone in immediate danger should contact police on 000.
Death of the sponsor
If the sponsor dies before the permanent partner visa is decided, the applicant may still be granted the permanent visa in some circumstances. Broadly, the applicant must show that the relationship would have continued if the sponsor had not died, and that the applicant has developed close business, cultural or personal ties to Australia. The Department considers the evidence of the relationship up to the date of death and the applicant's connection to Australia.
This is a difficult time to deal with a visa application. The Department should be notified, and the applicant should obtain advice before providing the evidence, because the way the relationship and the ties to Australia are documented is central to the outcome.
Child of the relationship
Where the relationship has ended and there is a child of the relationship, the applicant may still be eligible for the permanent partner visa in some circumstances. The provision is concerned with the child's connection to the sponsor and the arrangements for the child's care, such as parenting orders or formal arrangements under family law. The requirements are technical and depend on the facts.
When none of the special provisions applies
If the relationship has ended and none of the special provisions applies, the permanent partner visa will usually be refused. The applicant needs advice about their visa position, including any other visa options and the timing of any decision. The sponsor should also be aware that partner visa sponsorship limitations can affect any future sponsorship of a new partner. The article on when a sponsor cannot sponsor a partner visa explains those limits.
Delays in the permanent partner visa decision and what to do
A permanent partner visa that has not been decided long after the applicant became eligible is a common concern. Delay is not, by itself, a sign of a problem. The Department processes applications in its own order, and some applications take longer because of security, character or health checks, or because further information is needed.
There are practical steps that can help:
- check ImmiAccount regularly for requests, and make sure contact details are current;
- make sure updated permanent partner visa evidence has been uploaded and is complete;
- confirm that any request has been answered in full;
- check the Department's processing time guide tool for current indicative times; and
- keep collecting evidence of the relationship, so the file is current whenever the case officer reviews it.
Lodging repeated enquiries does not usually speed up a decision. An incomplete file, on the other hand, can slow it down considerably. The article on how long the onshore Subclass 820 partner visa takes explains the factors that affect timing.
Couples who prepared the first stage themselves often seek help at the permanent partner visa stage, particularly when a request has arrived or a delay has become worrying. The guide to hiring an immigration lawyer after lodging your own application explains how a lawyer can step in partway through. Where there is already a representative but the applicant wants an independent view, the article on getting a second opinion from an immigration lawyer explains what to expect, and the article on how to change your immigration lawyer in Australia explains the process for a change. Where a deadline is close, the guide to urgent immigration lawyer advice sets out what to prepare.
If the permanent partner visa is refused
A refusal of the permanent partner visa is a serious decision, because the applicant's right to remain in Australia on the temporary visa is tied to the outcome of the permanent application. A refusal is usually reviewable by the Administrative Review Tribunal. The time limit for applying for review is short and is applied strictly, so advice should be obtained as soon as the decision is received.
The article on partner visa refusal appeal options and the guide to ART review after a visa refusal explain the review process. The broader article on why partner visas get refused sets out the patterns that most often lead to refusal, and the visa refusals page explains how My Migration Lawyers approaches refusal matters generally. A visa appeal lawyer can assess whether the Tribunal is the right forum and what evidence should be put before it. Where a refusal has already occurred, the article on applying for a partner visa after a visa refusal explains the further restrictions that can apply.
Travelling while waiting for the permanent partner visa
Yes, a Subclass 820 holder can generally travel in and out of Australia while waiting for the Subclass 801 permanent partner visa, as many times as they wish. A Subclass 309 holder can generally travel to and from Australia while the Subclass 100 is processed. Travel does not, by itself, affect eligibility for the permanent partner visa.
There are practical points to manage. The applicant should make sure the Department can contact them while they are away, should respond to any request promptly, and should keep the relationship evidence current. Long periods apart should be explained in the updated relationship statement. Where the permanent partner visa is granted while the applicant is overseas, the grant notice will set out the conditions that apply.
Applicants who have not yet been granted the first-stage visa are in a different position. An onshore applicant waiting for the Subclass 820 is usually on a Bridging Visa A, which generally does not allow re-entry to Australia. Travel on a bridging visa needs separate planning. The guides to Bridging Visa A, Bridging Visa B and bridging visas in Australia explain the differences, and the article on working while waiting for a Subclass 820 visa covers work rights during that period.
Rights of a permanent partner visa holder
A permanent partner visa holder is an Australian permanent resident. The holder can live, work and study in Australia indefinitely, enrol in Medicare, and in many cases sponsor eligible relatives for certain visas. The holder can also generally apply for Australian citizenship once the residence and other requirements are met.
The permanent partner visa carries a travel facility that allows the holder to leave and re-enter Australia as a permanent resident for a limited period after grant. After that travel facility expires, a permanent resident who wants to travel and return as a permanent resident generally needs a Resident Return visa. The permanent visa itself does not expire, but the right to re-enter does. Holders should check the travel facility date on their grant notice.
A permanent partner visa, once granted, is not dependent on the relationship continuing. If the relationship ends after the permanent partner visa is granted, the holder generally remains a permanent resident. However, the permanent visa can still be cancelled on certain grounds, including character grounds and the provision of false or misleading information. The visa cancellations page explains those risks.
Australian citizenship after the permanent partner visa
A permanent partner visa holder can generally apply for Australian citizenship by conferral after meeting the residence requirement and the other requirements of the Australian Citizenship Act 2007. Time spent in Australia on the temporary or provisional partner visa before the permanent partner visa was granted may count towards the residence requirement, subject to the rules on permanent residence and absences.
Citizenship is a separate application with its own criteria, including a test in most cases, character requirements and an intention to reside in Australia or maintain a close and continuing association with Australia. The permanent partner visa is the gateway to citizenship, but it does not grant citizenship automatically.
Getting advice on the permanent partner visa anywhere in Australia
My Migration Lawyers acts for permanent partner visa clients across Australia, and consultations are held by video. Clients in New South Wales work with our partner visa lawyers in Sydney and partner visa lawyers in Parramatta. Clients in Victoria work with our partner visa lawyers in Melbourne, and clients in Queensland with our partner visa lawyers in Brisbane and on the Gold Coast. We also act for clients through our partner visa lawyers in Perth, Adelaide, Canberra and Hobart.
Where a permanent partner visa matter involves another visa or immigration issue, our immigration lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide can advise on the wider picture. Couples comparing representatives can read our guides on choosing the best partner visa lawyer in Sydney, Melbourne, Brisbane and Perth, and the national guide to choosing the best partner visa lawyer in Australia.
How My Migration Lawyers prepares the permanent partner visa stage
My Migration Lawyers deals with complex partner visa cases and acts in many permanent partner visa matters, including matters where the relationship has changed, a request has arrived without warning, or the first stage was prepared by someone else. We are capable of handling the permanent partner visa stage from the first review of the file to the final decision.
Our work on the permanent partner visa stage is concrete. We start by reviewing the original combined application and everything already on the Department's file, so that nothing new contradicts what was said before. We identify every change in circumstances since lodgement, including addresses, children, employment, travel and character matters, and we make sure each has been properly notified. We then advise on the updated evidence across the financial aspects, the nature of the household, the social aspects and the nature of the commitment, and we review the couple's updated relationship statements and Form 888 statements for accuracy and consistency. We prepare responses to section 56 requests and section 57 letters, and we advise early where the family violence provisions, the death of a sponsor or a child of the relationship may be relevant.
The work is supervised by Weiwei Zhang, Principal Lawyer. The partner visa lawyers page explains how My Migration Lawyers acts in partner visa matters more broadly, and the article on when you need an immigration lawyer for a partner visa sets out the situations where legal advice adds the most value. More about the firm is on the About My Migration Lawyers page.
If the permanent partner visa stage is approaching, a request has arrived, or your circumstances have changed since you applied, book a consultation online or call 1300 040 300.
Frequently Asked Questions
Do I need to apply separately for the permanent partner visa?
No. In the usual case the permanent partner visa was applied for in the same combined application as the temporary Subclass 820 or provisional Subclass 309 visa. No second application is lodged and no second visa application charge is paid. At the second stage, the Department asks for updated information and evidence through the existing application in ImmiAccount, and the applicant provides it so the permanent visa can be assessed.
When will I be assessed for the permanent partner visa?
Eligibility for the permanent partner visa is generally assessed about two years after the combined partner visa application was lodged. The relevant date is the lodgement date, not the date the first-stage visa was granted. This means the second stage can arrive soon after the temporary visa is granted if the first stage took a long time. The two-year point is when assessment generally becomes possible, not a fixed decision date.
What is the difference between the Subclass 801 and Subclass 100?
Both are the permanent partner visa, and the difference is where the applicant was when the combined application was lodged. The Subclass 801 is the permanent stage for applicants who applied in Australia and hold the Subclass 820. The Subclass 100 is the permanent stage for applicants who applied outside Australia and hold the Subclass 309. The relationship requirements at the permanent stage are substantially the same for both.
What evidence do I need for the permanent partner visa?
The permanent partner visa requires evidence that the relationship is still genuine and continuing, focused on the period since the first-stage application. This usually includes updated evidence of the financial aspects, the nature of the household, the social aspects and the nature of the commitment, updated relationship statements, updated Form 888 statements, and any police certificates or forms the Department requests. The evidence must be consistent with what was provided at the first stage.
Do I need new Form 888 statements for the second stage?
Updated Form 888 statements are commonly provided at the permanent partner visa stage. Each statement must be made by an Australian citizen or permanent resident who knows the couple. The witnesses can be the same people as at the first stage or different people. A useful statement describes the relationship as it is now, including recent visits and events, rather than repeating what was written when the application was first lodged.
Will I need new police certificates for the permanent partner visa?
Often, yes. The applicant must meet the character requirements when the permanent partner visa is decided, and the Department may ask for an Australian police check and certificates from countries where the applicant has lived since the first stage. Earlier certificates may no longer be accepted by the time of the second-stage assessment. Applicants should obtain exactly the certificates requested, from the correct authority, and explain any difficulty in obtaining a certificate.
Can the permanent partner visa be granted straight away?
Yes, in some cases. Where the couple was already in a long-term relationship when the combined application was lodged, the regulations allow the permanent partner visa to be granted without the usual waiting period. The requirements for this exception are specific and are assessed at the date of application. The couple must still prove that the relationship is genuine and continuing and meet the health, character and other criteria for the permanent visa.
What happens if we separate before the permanent partner visa is granted?
If the relationship ends before the permanent partner visa is decided, the visa will usually be refused unless a special provision applies. The main provisions cover family violence committed by the sponsor, the death of the sponsor, and a child of the relationship. The separation must be reported to the Department. Anyone in this position should obtain legal advice promptly, because the evidence needed under each provision is specific and timing matters.
Can I still get the permanent partner visa if my partner was violent?
Possibly. The family violence provisions can allow the permanent partner visa to be granted after the relationship ends, if the relationship was genuine and continuing and the sponsor committed family violence against the applicant or a member of the applicant's family unit. Family violence includes coercive and controlling behaviour, not only physical violence. The evidence can be judicial or non-judicial, and the applicant must still prove the relationship was genuine before it ended.
Do I need to tell the Department if we move house?
Yes. Applicants must tell the Department about changes in their circumstances until the permanent partner visa is decided, and a change of address is one of them. Contact details can generally be updated in ImmiAccount, and Form 1022 is used to notify other changes in circumstances. A move that appears for the first time in the second-stage evidence, without earlier notification, can raise questions that are easily avoided by notifying promptly.
What if we had a baby after applying for the partner visa?
A child born in Australia is generally an Australian citizen by birth if a parent is an Australian citizen or permanent resident at the time of birth, so many children of partner visa couples do not need to be included in the permanent partner visa application. A child born overseas may need to be added before the permanent visa is decided. The birth should be notified to the Department, and it is also strong evidence of the relationship.
Can I travel overseas while waiting for the permanent partner visa?
Yes. A Subclass 820 holder can generally travel in and out of Australia while waiting for the Subclass 801, and a Subclass 309 holder can generally travel to and from Australia while the Subclass 100 is processed. The applicant should stay contactable, respond to any Department request on time, and explain any long period apart from the sponsor in the updated relationship evidence for the permanent partner visa.
Why is my permanent partner visa taking so long?
A permanent partner visa can take longer than expected because of the Department's processing order, security or character checks, health checks, or because information is incomplete or inconsistent. Delay is not, by itself, a sign of a problem. Applicants should make sure their updated evidence is complete, that every request has been answered, and that contact details are current. The Department publishes indicative times in its processing time guide tool.
Can the permanent partner visa be refused even after the temporary visa was granted?
Yes. The grant of the temporary or provisional visa does not guarantee the permanent partner visa. The Department assesses the permanent stage on the circumstances at the time of that decision, including whether the relationship is still genuine and continuing and whether the applicant meets the character and other criteria. A refusal is usually reviewable by the Administrative Review Tribunal, and the time limit for review is short and strictly applied.
What rights do I have once the permanent partner visa is granted?
A permanent partner visa holder is an Australian permanent resident who can live, work and study in Australia indefinitely and enrol in Medicare. The visa includes a travel facility for a limited period after grant, after which a Resident Return visa is generally needed to return as a permanent resident. The permanent visa does not depend on the relationship continuing, although it can still be cancelled on certain grounds.
Can I apply for citizenship after the permanent partner visa?
Yes, once the residence requirement and the other requirements of the Australian Citizenship Act 2007 are met. Time spent in Australia on the temporary or provisional partner visa may count towards the residence requirement, subject to the rules on permanent residence and absences. Citizenship is a separate application with its own criteria, including a test in most cases and character requirements. It is not granted automatically with the permanent partner visa.

























