Temporary vs Permanent Partner Visa

What is the difference between a temporary vs permanent partner visa?

The temporary vs permanent partner visa difference is that the temporary visa lets you stay in Australia only while your permanent application is being decided, and the permanent visa lets you stay indefinitely as an Australian permanent resident. The temporary stage is the Subclass 820 visa for applicants in Australia and the Subclass 309 visa for applicants outside Australia. The permanent stage is the Subclass 801 visa onshore and the Subclass 100 visa offshore. Every couple who applies for a partner visa in Australia moves through both stages, unless an exception allows the permanent visa to be granted straight away.

Understanding the temporary vs permanent partner visa distinction matters because the two stages carry different rights, different risks and different obligations. Many couples treat the temporary grant as the finish line. It is not. The temporary visa is a status that depends on the relationship continuing and on the permanent application still being undecided. The permanent visa is the status that gives long-term security, a path to citizenship and the ability to sponsor others.

This guide compares the temporary vs permanent partner visa stages right by right: your status in Australia, work and study, Medicare, travel, sponsoring family, citizenship, what is assessed again at the second stage, what happens if the relationship ends, the family violence provisions, cancellation exposure and review rights. It is not a step-by-step guide to the two-stage process itself, which is covered in the guide to Subclass 820 vs Subclass 801. It is a comparison of what each stage actually gives you.

The two stages are applied for together

Under the two-stage arrangements, you apply for the temporary and the permanent visa on one combined application form. The Department's procedural instruction for the Subclass 820 visa confirms that an application for a Subclass 820 visa must be made at the same time and place as an application for a Subclass 801 visa, and the same rule links the Subclass 309 visa to the Subclass 100 visa. You do not lodge a second application for the permanent stage. Instead, the Department assesses the permanent application once you become eligible for it.

Which partner visas are temporary and which are permanent?

The temporary vs permanent partner visa pairing works like this. The onshore pair is the Subclass 820 visa (temporary) and the Subclass 801 visa (permanent). The offshore pair is the Subclass 309 visa (temporary) and the Subclass 100 visa (permanent). The Subclass 801 visa is not available to Subclass 309 holders, and the Subclass 100 visa is not available to Subclass 820 holders. Each permanent visa is linked to its own temporary visa and to the same relationship that led to the temporary grant.

The Subclass 300 prospective marriage visa sits outside this pairing. It is a temporary visa that lets a fiancé or fiancée enter Australia to marry, after which the couple apply for the onshore Subclass 820 visa and Subclass 801 visa. The complete Subclass 820 partner visa guide explains how that transition works.

How does the law define the temporary and permanent partner visa periods?

The law defines the temporary partner visa by reference to the permanent application, and the permanent partner visa as a visa that lets you remain indefinitely with a five-year travel facility. These definitions are in Part 5 of each subclass in Schedule 2 to the Migration Regulations 1994, and they are the foundation of every temporary vs permanent partner visa comparison.

How long does the temporary partner visa last?

The temporary partner visa lasts until you are notified that your permanent application has been decided, or until the permanent application is withdrawn. Clause 820.511 provides that a Subclass 820 visa 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 that application is withdrawn. Clause 309.511 says the same for the Subclass 309 visa and the Subclass 100 application.

This has a practical consequence that many people miss. The temporary visa does not have a fixed expiry date that you can count down to. It ends when the permanent decision is notified. If the permanent visa is granted, the temporary visa is replaced. If the permanent visa is refused, the temporary visa ends on notification of the refusal, and you are left relying on a bridging visa or the review process. That is why a refusal at the second stage is so serious, and why the partner visa refused appeal options must be considered immediately.

When does the permanent partner visa take effect?

The permanent partner visa takes effect on grant and lets you remain in Australia indefinitely. 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. Clause 100.511 contains the same rule for the Subclass 100 visa. The five years is a travel period, not a limit on your permanent residence. You remain a permanent resident after the five years end, but travel after that point needs further permission.

Where must you be when each visa is granted?

The temporary vs permanent partner visa rules on location are different. Clause 820.411 requires a Subclass 820 applicant to be in Australia, and not in immigration clearance, when the visa is granted. Subclause 309.412(1) requires a Subclass 309 applicant to be outside Australia at grant, subject to a limited COVID-era concession in subclause 309.412(2). By contrast, clauses 801.411 and 100.411 allow the permanent visa to be granted whether you are in or outside Australia. The permanent stage is more flexible about location, but review rights are not, as explained later in this guide.

Temporary vs permanent partner visa: your status in Australia

On the temporary vs permanent partner visa question of status, a temporary visa holder is a temporary resident and a permanent visa holder is an Australian permanent resident. That single difference drives most of the other differences in this guide, because many rights in Australian law are given to Australian citizens and permanent residents, not to temporary visa holders.

What temporary status means

The temporary side of the temporary vs permanent partner visa comparison is a conditional status. A Subclass 820 or Subclass 309 holder is lawfully in Australia and can live here with their partner. But they are not an Australian permanent resident. They cannot sponsor a partner of their own, they do not meet the permanent residence part of the citizenship residence requirement, and their visa continues only while the permanent application is undecided. Their status is also tied to the relationship in a way that a permanent visa is not.

What permanent status means

A Subclass 801 or Subclass 100 holder is an Australian permanent resident. They can remain in Australia indefinitely, and their right to remain does not depend on the relationship continuing after grant. They can sponsor eligible family members, subject to the relevant visa rules, and they can begin to build the 12 months of permanent residence that the citizenship residence requirement needs.

What permanent status means for children born in Australia

The temporary vs permanent partner visa difference can also affect children. The Department's Subclass 801 instruction notes that, under section 12 of the Australian Citizenship Act 2007, a child born in Australia acquires Australian citizenship by birth if a parent was an Australian citizen or Australian permanent resident at the time of the birth. In most partner visa families the sponsor is already a citizen or permanent resident, so a child born in Australia is usually a citizen through the sponsor. Where a child is born in Australia to a parent who holds a Subclass 820 visa and the child is not a citizen, section 78 of the Migration Act 1958 means the child also holds a Subclass 820 visa, and newborn children are added to the application by regulation 2.08.

Work and study rights: temporary vs permanent partner visa

On work and study, the temporary vs permanent partner visa gap is smaller than most people expect, because the law does not allow conditions to be imposed on a Subclass 820 visa. Subdivision 820.6 of Schedule 2 provides that no visa conditions may be imposed on a Subclass 820 visa. There is therefore no work limitation and no study limitation attached to the onshore temporary partner visa.

Work on the temporary stage

Work is where the temporary vs permanent partner visa difference is smallest. A Subclass 820 holder can work in Australia without a visa condition limiting the type of work or the number of hours. The same is true in practice for the Subclass 309 visa once the holder is in Australia, because the only conditions that may be imposed on a Subclass 309 visa under clause 309.612 relate to entry (condition 8502) rather than work. For many couples, the temporary grant is the moment the applicant's working life in Australia becomes settled, especially if they were previously on a visa with limited work rights.

Work while waiting for the temporary visa

Before the temporary visa is granted, an onshore applicant usually depends on a bridging visa, and the bridging visa decides their work rights. The Department's Subclass 820 instruction confirms that a legislative instrument allows Subclass 820 and Subclass 801 applicants who are eligible for an associated Bridging A or Bridging B visa to be granted that bridging visa with nil conditions. The guide on work rights while waiting for a Subclass 820 visa and the guide to the Bridging Visa A explain how this works day to day. The overview of bridging visas in Australia explains the other bridging visa types.

Study on each stage

Study follows the same pattern in the temporary vs permanent partner visa comparison. There is no study condition on the Subclass 820 visa, so a temporary partner visa holder can enrol in a course. What the visa does not decide is how a course provider or a government scheme classifies the student for fees or loans. Those questions depend on the education provider and on the rules of the scheme, many of which are tied to citizenship or permanent residence. The permanent stage generally opens more of those doors than the temporary stage.

Work and study on the permanent stage

A permanent partner visa holder can work and study in Australia as a permanent resident. The practical gain at the permanent stage is less about the right to work, which the temporary stage already gives, and more about access to schemes and entitlements that require permanent residence.

Medicare on a temporary vs permanent partner visa

Medicare eligibility is decided by Services Australia, not by the Department of Home Affairs, so the temporary vs permanent partner visa question for Medicare depends on the visa you hold and the application you have made. As a general position, people who hold a permanent partner visa are eligible to enrol as permanent residents, and many onshore partner applicants are able to enrol before the permanent visa is granted because they have applied for a permanent visa. The details can change and depend on individual circumstances.

Why the stage matters for Medicare

The temporary vs permanent partner visa stage you are at can change the answer. For an onshore applicant, the combined Subclass 820 and Subclass 801 application includes an application for a permanent visa from the day it is lodged. That is different from an offshore Subclass 309 applicant, who is outside Australia when they apply and only arrives in Australia after the temporary visa is granted. Couples should check their enrolment position with Services Australia at each stage rather than assume the rules are the same. The guide to Subclass 820 visa costs explains the broader cost picture for onshore couples.

Temporary vs permanent partner visa: a side-by-side comparison

A side-by-side temporary vs permanent partner visa comparison shows that the temporary stage gives you the right to live, work and study in Australia, while the permanent stage adds security, sponsorship rights and the permanent residence needed for citizenship. The summary below lists each right in turn. The sections that follow explain the detail and the traps.

Status

In the temporary vs permanent partner visa comparison, status is the first line. The temporary holder is lawfully in Australia as a temporary resident. The permanent holder is an Australian permanent resident.

Length of stay

On the temporary visa, you stay until the permanent decision is notified or the permanent application is withdrawn. On the permanent visa, you stay indefinitely.

Work and study

On the temporary visa, there are no work or study conditions on a Subclass 820 visa, and the Subclass 309 conditions relate to entry. On the permanent visa, you work and study as a permanent resident, with access to more schemes that depend on permanent residence.

Travel

On the temporary visa, you can travel while the visa is in effect, but a permanent refusal while you are offshore can remove review rights. On the permanent visa, you can travel for five years from grant and then need further permission to return.

Dependence on the relationship

This is the line in the temporary vs permanent partner visa comparison that matters most when things go wrong. The temporary visa and the permanent application depend on the relationship continuing, subject to the death of sponsor, family violence and child custody provisions. The permanent visa does not depend on the relationship after grant.

Sponsoring others and citizenship

A temporary holder cannot sponsor a partner. A permanent holder can, subject to limits. Time on the temporary visa counts towards four years of lawful residence, but only the permanent visa gives the last 12 months of permanent residence needed for citizenship.

Why the comparison is not the whole story

A table of rights can make the temporary vs permanent partner visa question look simple. In practice, the transition between the two stages is where most of the risk sits, because the permanent stage tests the relationship again. Couples who understand the temporary vs permanent partner visa comparison but neglect the evidence for the second stage are the couples most likely to be caught out.

Temporary vs permanent partner visa: travel rights

On travel, the temporary vs permanent partner visa difference is that the temporary visa permits travel only until the permanent application is decided, while the permanent visa permits travel for five years from grant and then needs a further visa to return. Both stages allow international travel, but each carries a trap that couples should understand before booking flights.

Travel on the Subclass 820 visa

A Subclass 820 holder can travel to, enter and remain in Australia while the visa is in effect, because clause 820.511 gives a travel right until the Subclass 801 decision is notified. Travel itself does not end the visa. The trap is the timing of the permanent decision. The Subclass 801 visa can be granted in or outside Australia, but if the Subclass 801 visa is refused while you are overseas, the Department's instruction warns that you will be unable to apply for merits review, because a review application can only be made while you are physically in Australia. The instruction allows a decision maker to defer a refusal for a short period, up to three months, so that an applicant can contact the Department or return, but that is a discretion, not a right.

Travel before the Subclass 820 visa is granted

Travel before the temporary visa is granted is riskier still. Clause 820.411 requires the applicant to be in Australia when the Subclass 820 visa is granted. The Department's instruction says that if the applicant is outside Australia, the delegate should generally refuse, although a decision may be deferred where the absence is temporary. As a guide only, the policy treats an absence of up to six months as generally reasonable. Travel on a bridging visa also needs a Bridging B visa, which is explained in the guide to the Bridging Visa B.

Travel on the Subclass 309 visa

A Subclass 309 holder must make their first entry to Australia before the first entry date specified on the grant. Under policy, that date is 12 months from the date of grant. After that first entry, the holder can travel to and from Australia while the Subclass 309 visa remains in effect, which is until the Subclass 100 decision is notified. A Subclass 100 refusal while the applicant is outside Australia carries no merits review rights at all, according to the Department's Subclass 100 instruction, so being in Australia when the permanent stage is decided matters.

Travel on the permanent partner visa

On the permanent side of the temporary vs permanent partner visa comparison, a permanent partner visa holder can travel to and enter Australia for five years from the date of grant. After that period ends, a permanent resident who wants to travel and return generally needs a Resident Return visa or must have become an Australian citizen. The permanent residence itself does not end when the travel facility ends, but leaving Australia without a valid travel facility can leave a permanent resident unable to return without a further visa.

A common travel mistake

A common error in the temporary vs permanent partner visa comparison is to assume that travel is safe once the temporary visa is granted. Travel is lawful, but it is not risk-free. Long absences can weaken the household evidence that the permanent stage will assess. An overseas trip at the wrong time can mean a refusal you cannot challenge. Couples planning extended travel during the temporary stage should take advice first, and the urgent immigration lawyer advice guide explains what to prepare.

Can you sponsor family on a temporary vs permanent partner visa?

No, in the temporary vs permanent partner visa comparison, a temporary partner visa holder cannot sponsor a partner, because the sponsor of a partner visa must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. A permanent partner visa holder is an Australian permanent resident, so they can be a sponsor, subject to the sponsorship rules and limitations. This is one of the clearest practical differences in the temporary vs permanent partner visa comparison.

Children of a temporary partner visa holder

Dependent children are usually included in the partner application. Where a child was not included and the parent has already been granted the temporary visa, the Department's instructions point to the Subclass 445 (Dependent Child) visa. The Subclass 445 visa is the pathway for a dependent child to join a Subclass 820 or Subclass 309 holder, and once the child holds a Subclass 445 visa they can be added to the parent's permanent application under regulation 2.08A. These rules sit alongside the custody and consent requirements in public interest criteria 4015 and 4016, which apply to a child under 18 who made a combined application.

Sponsoring after the permanent visa

Once you hold a permanent partner visa, you may be eligible to sponsor relatives under the rules for each family visa. For partner sponsorship specifically, regulation 1.20J limits how many partner sponsorships a person can have, and a person who was themselves sponsored as a partner may face limits on sponsoring a new partner. The guides to sponsorship limitations and when a sponsor cannot sponsor a partner visa explain these limits. A permanent visa therefore does not give an unlimited right to sponsor, but it is the threshold status that makes sponsorship possible.

Temporary vs permanent partner visa: citizenship and residence

For citizenship, time on both stages counts towards the four years of lawful residence, but only time on the permanent visa counts towards the last 12 months of permanent residence. The Department's general residence requirement is that you have been living in Australia on a valid visa for four years immediately before applying, have held a permanent visa for the last 12 months immediately before applying, and have not been absent from Australia for more than 12 months in the past four years, and no more than 90 days in the 12 months immediately before applying.

Why the timing of the permanent grant matters

For citizenship, the temporary vs permanent partner visa timing is decisive. The distinction has a direct effect on long-term plans. An applicant who has lived in Australia lawfully for many years on other visas and then on a Subclass 820 visa may have more than four years of lawful residence, but they cannot meet the residence requirement until they have held a permanent visa for 12 months. Every month the permanent stage is delayed is a month added to the citizenship timeline. That is one reason couples should prepare the permanent stage carefully and respond quickly to any requests, rather than allowing the second stage to stall.

Absences during the temporary stage

Time overseas during the temporary stage still counts against the absence limits for citizenship. Long trips that seemed harmless while holding a Subclass 820 visa can later push an application for citizenship back. The residence calculator on the Department's website helps applicants check their position, but the safest approach is to plan travel with both the permanent stage and the citizenship residence requirement in mind.

What is assessed again at the permanent stage?

At the permanent stage, the Department makes a fresh assessment of whether you are still the spouse or de facto partner of your sponsor, and checks sponsorship, the waiting period, and health, character and other public interest criteria. The Department's Subclass 801 instruction says plainly that this is a fresh assessment, based on the evidence before the decision maker at the time of decision. The same wording appears in the Subclass 100 instruction. The temporary grant does not lock in the relationship finding.

Continued relationship and sponsorship

Paragraph 801.221(2)(c) requires the applicant to continue to be the spouse or de facto partner of the sponsoring partner. Paragraph 801.221(2)(b) requires the applicant to continue to be sponsored by the sponsoring partner. The relationship is tested against section 5F of the Migration Act 1958 for married couples and section 5CB for de facto couples, together with regulations 1.15A and 1.09A. The assessment can be made on documents, or it can involve interviews with both partners. The guides to partner visa relationship evidence and preparing evidence of a genuine relationship explain the kind of evidence that carries weight.

The two-year waiting period on a temporary vs permanent partner visa

Paragraph 801.221(2)(d) provides that, subject to exceptions, at least two years must have passed since the application was made before the Subclass 801 visa can be granted. The Subclass 100 visa has the same rule. Near the end of that period, the Department's instructions say it sends a reminder email inviting the applicant to upload information for assessment through ImmiAccount. If you need to set up or recover access, the guide on how to create an ImmiAccount is the place to start.

The long-term partner relationship exception

The waiting period does not apply where the couple were in a long-term partner relationship when the application was made. Under the definition in regulation 1.03, as summarised in the Department's instructions, that means a relationship of not less than three years, or not less than two years if there is a dependent child of both the applicant and the sponsor (other than a step-child). In those cases the permanent visa can be assessed straight after the temporary visa is granted, and the temporary vs permanent partner visa distinction may only exist for a moment.

Health and character at the permanent stage

The permanent stage also tests the public interest criteria. Clause 801.223 requires the applicant to satisfy public interest criteria including 4001 (character), 4002 (security), 4003, 4004 (debts to the Commonwealth), 4007 (health) and 4009, and, if the applicant was 18 or over at the time of application, 4019. Under the Department's policy, an applicant who received a permanent health clearance at the temporary stage is not ordinarily asked to repeat the health examination. For character, applicants must provide a current police clearance, generally valid for 12 months, for any country they have lived in for a cumulative period of 12 months or more since being granted the temporary visa. Family members who are also applicants must satisfy the integrity criterion in public interest criterion 4020 under clause 801.224, so earlier answers are tested again.

Your obligations while you hold the temporary visa

The temporary stage carries ongoing obligations. Section 104 of the Migration Act requires applicants to tell the Department in writing if a change in their circumstances means an answer in their application is no longer correct. The Department's instructions give examples such as the relationship ending, a birth or a death in the family unit, or a change in relationship status. Subsection 52(3B) requires applicants to keep the Department informed of changes in contact details. The guide to Form 1022 change of circumstances explains how changes are notified. Failing to report a change can create a problem under the incorrect information provisions in sections 101 to 107 of the Act, or under public interest criterion 4020, which is far harder to fix at the permanent stage than a change reported on time.

What to prepare for the permanent stage

To manage the temporary vs permanent partner visa transition well, prepare updated evidence of the financial aspects, the household, the social aspects and the commitment since the temporary grant, updated police clearances where required, and an explanation of any significant change, such as a move, a period apart or a new child. Couples should treat the permanent stage as a second application in substance. The partner visa document checklist and the 820 partner visa evidence checklist are useful starting points, and the partner visa relationship statement guide explains how a statement can be updated in the couple's own words. Supporting Form 888 statements from people who know the couple can also be refreshed.

What happens if the relationship ends on a temporary vs permanent partner visa?

If the relationship ends before the permanent visa is granted, the permanent visa will generally be refused unless an exception applies, but if the relationship ends after the permanent visa is granted, the permanent visa is not affected by the end of the relationship. This is the single most important temporary vs permanent partner visa difference for couples who are going through difficulty.

Relationship ends before the temporary visa is granted

For onshore applicants, subclause 820.221(3) allows the Subclass 820 visa to be granted even though the relationship has ended, where the applicant was the spouse or de facto partner of the sponsor until the relationship ceased and either family violence was committed by the sponsor or the applicant has custody, joint custody or access arrangements relating to a child of the relationship. Subclause 820.221(2) covers the death of the sponsor, where the applicant would have continued in the relationship and has developed close business, cultural or personal ties in Australia. Where one of these provisions is met, the applicant does not have to wait two years for the Subclass 801 visa.

Relationship ends after the temporary visa is granted

For a Subclass 820 holder, subclause 801.221(6) allows the Subclass 801 visa to be granted after the relationship has ceased where there was family violence by the sponsor, or there are child custody, access or maintenance arrangements. Subclause 801.221(5) covers the death of the sponsor since the temporary grant. For a Subclass 309 holder, subclause 100.221(4) applies where the applicant entered Australia as the holder of the Subclass 309 visa and the relationship has ceased in those circumstances, and subclause 100.221(3) covers the death of the sponsor. An offshore applicant who has never entered Australia on the temporary visa will generally not fit those provisions, which is a real difference between the onshore and offshore streams. The guide on what happens if the relationship breaks down explains the onshore position in more detail.

When none of the exceptions applies

This is the harshest part of the temporary vs permanent partner visa comparison. If the relationship ends during the temporary stage and none of these provisions applies, the permanent visa will generally be refused because the applicant no longer meets paragraph 801.221(2)(c). The Department's instructions also describe a process for cancelling a Subclass 820 visa because of relationship breakdown and then finalising the Subclass 801 application, after natural justice is given. Applicants in this position should not simply wait. They should take advice about their status and any other visa options before the Department acts.

Relationship ends after the permanent visa is granted

Once the Subclass 801 or Subclass 100 visa is granted, the visa does not depend on the relationship continuing. The permanent resident remains a permanent resident if the relationship later ends. What does not change is the obligation to have told the truth throughout the process. A permanent visa can still be cancelled if it was obtained on the basis of incorrect information or fraud, and character cancellation powers apply to permanent visa holders as they apply to everyone else.

Family violence provisions on the temporary vs permanent partner visa

The family violence provisions allow an applicant whose relationship has ended to continue to the permanent visa where the applicant, or a dependent child, has suffered family violence committed by the sponsor during the relationship. These provisions apply at the temporary stage and at the transition to the permanent stage, and they exist, in the Department's words, to avoid a situation where a visa applicant feels compelled to remain in a violent relationship for fear of losing their eligibility for permanent residence.

What must be shown

The applicant must show that the relationship was genuine until it ceased and that the sponsor is taken, under regulation 1.23 of the Migration Regulations, to have committed family violence. The Department's Subclass 801 instruction says the family violence, or part of it, must have occurred while the relationship existed. It also says there is no requirement for a cause-and-effect link between the family violence and the end of the relationship. Claims are either judicially determined, through court orders, or non-judicially determined, through the evidence set out in Division 1.5 of the Migration Regulations. The firm's page on the family violence provisions explains how these claims are made.

How the provisions differ by stage

On the temporary vs permanent partner visa question, the provisions matter only before the permanent visa is granted. A Subclass 820 applicant can rely on them under subclause 820.221(3) before the temporary grant or under subclause 801.221(6) after it. A Subclass 309 holder can rely on subclause 100.221(4) once they have entered Australia on the Subclass 309 visa. Once the permanent visa is granted, the provisions are no longer needed, because the permanent visa no longer depends on the relationship. Anyone experiencing family violence should put their safety first and contact the police on 000 in an emergency.

Cancellation exposure: temporary vs permanent partner visa

Both temporary and permanent partner visas can be cancelled, but the temporary visa carries extra exposure because it depends on the relationship and on the permanent application. A permanent visa removes the relationship risk, but it does not remove the risk of cancellation for character or for incorrect information.

Cancellation risks at the temporary stage

A temporary partner visa can be cancelled where the relationship has broken down, as the Department's instructions on finalising permanent applications after cancellation show. General cancellation powers in the Migration Act, including section 109 for incorrect information and section 116 for prescribed grounds, also apply. A Subclass 309 holder who fails to make first entry by the specified date does not lose the visa automatically, but the Department's Subclass 100 instruction says a breach of the first entry date renders a Subclass 100 visa liable to cancellation under paragraph 116(1)(b), and the same type of entry condition applies to the Subclass 309 visa.

Cancellation risks at the permanent stage

On cancellation, the temporary vs permanent partner visa difference narrows. A permanent partner visa holder can still face cancellation on character grounds under section 501 of the Migration Act, and where a visa was granted on the basis of incorrect information. The firm's visa cancellations page explains how a cancellation notice is answered. The best protection at both stages is the same: accurate forms, honest answers, and prompt notification of changes. The Form 80 guide explains how to complete personal particulars without errors that can later be treated as incorrect information.

Review rights on a temporary vs permanent partner visa refusal

Review rights depend on the visa, where you applied and where you are when the decision is made. A refusal of a Subclass 820 visa is generally reviewable by the Administrative Review Tribunal, but only if the applicant is physically in Australia when the review application is made. A refusal of a Subclass 309 visa while the applicant is outside Australia is reviewable on an application made by the sponsor. A refusal of a Subclass 100 visa while the applicant is outside Australia has no merits review rights. A refusal of a Subclass 801 visa is reviewable only while the applicant is in Australia.

The Administrative Review Tribunal replaced the Administrative Appeals Tribunal on 14 October 2024. The time limit to apply for review is short and strictly applied, so a refusal letter should be read and acted on the day it arrives. The guides to what to expect at an ART review, the firm's partner visa refusals page and the broader visa refusals page explain the next steps. Where the Tribunal's decision contains a legal error, judicial review may also be considered. The common reasons why partner visas get refused apply at both stages.

What Tribunal decisions show about the temporary and permanent stages

Tribunal decisions show that the relationship is examined both at the time of application and at the time of decision, and that the cessation and family violence provisions are frequently argued on review. The decisions below are remittals, where the Tribunal sent the matter back to the Department to reconsider. They are described only by the issues recorded for each decision and do not mean that a later outcome was a grant.

Time of application and time of decision

In OKEKEITU (Migration) [2024] AATA 2521, a Subclass 820 matter, the recorded issues were a genuine spousal relationship both at the time of application and at the time of decision, the financial aspects and the nature of the household. In 1703652 (Migration) [2019] AATA 3953, the recorded issues included a genuine de facto relationship at the time of application, a relationship registered under State law and a genuine spousal relationship at the time of decision. These decisions illustrate why the temporary vs permanent partner visa process is not a single test on a single day.

Relationship cessation and family violence

In Siyad (Migration) [2025] ARTA 2129, the recorded issues were that the relationship had ceased, a genuine and continuing relationship before family violence, coercive control, and joint utility and tenancy accounts. In Ma (Migration) [2025] ARTA 148, the issues recorded were that the relationship with the visa sponsor had ceased, the applicant was a victim of family violence, and the parties had been in a genuine and continuing relationship. In 2538577 (MIGRATION) [2026] ARTA 1176, the recorded issues included the cessation of the relationship, a genuine and continuing relationship before family violence, pooling of financial resources and shared household responsibilities. Together, these decisions show that evidence of the relationship before it ended remains central even when the claim rests on the family violence provisions. A visa appeal lawyer can assess whether a refusal at either stage is worth taking further.

Common misunderstandings about the temporary vs permanent partner visa

The most common misunderstandings about the temporary vs permanent partner visa are that the temporary grant settles the relationship question, that the temporary visa expires on a fixed date, and that the permanent visa ends if the relationship ends. Each of these is wrong, and each can lead to a poor decision.

"The temporary grant means the relationship has been accepted for good"

It does not. The permanent stage is a fresh assessment on the evidence at that time. A couple who stop gathering evidence after the temporary grant may find the second stage harder than the first. The reasons in the guide to the most common Subclass 820 refusal reasons apply at the second stage too.

"My temporary visa runs out after two years"

It does not. The temporary visa continues until the permanent application is decided or withdrawn. The two years is the minimum waiting period before the permanent visa can generally be granted, not an expiry date for the temporary visa.

"If we separate after the permanent grant, I lose my visa"

You do not. After grant, the permanent visa does not depend on the relationship. The risk is not separation. The risk is any suggestion that the relationship was not genuine when the permanent visa was decided, or that incorrect information was given.

"I can travel freely once I have the temporary visa"

You can travel, but timing matters. A permanent refusal while you are outside Australia can remove review rights, and long absences affect both the evidence and the citizenship residence requirement.

How My Migration Lawyers helps you move from the temporary to the permanent partner visa

My Migration Lawyers helps couples through the temporary vs permanent partner visa transition by preparing the permanent stage as a fresh application in substance, testing the relationship evidence since the temporary grant, and advising on travel, changes of circumstances and relationship cessation before they become problems. The firm acts in many partner visa matters at the second stage, and it regularly handles complex cases involving periods apart, changes in household, new children, character questions, family violence claims and prior refusals.

What the firm does at the permanent stage

First, the firm reviews the original application, the temporary grant and everything that has happened since, so that the permanent stage tells one consistent story. Second, it maps the couple's current evidence against the financial, household, social and commitment aspects of the relationship and identifies gaps. Third, it checks police clearance and public interest criteria requirements, including any country where the applicant has lived for 12 months or more since the temporary grant. Fourth, it reviews the couple's updated relationship statement and the Form 888 statements for consistency, and the couple correct and confirm their own accounts. Fifth, it advises on whether any change in circumstances should be notified under section 104 and how. Sixth, it prepares responses to any section 56 request or section 57 natural justice letter.

When the relationship has changed

Where the relationship has ended or is under strain during the temporary stage, the firm advises on the death of sponsor, family violence and child custody provisions, and on what the Department will need to see. Where the applicant has no substantive visa or faces other status issues, the firm advises on Schedule 3 waivers and the Schedule 3 criteria. Couples who lodged themselves and want the second stage checked can read the guide to hiring an immigration lawyer after lodging your own application, and those who want an independent view can seek a second opinion from an immigration lawyer. Where the firm is appointed, it lodges Form 956 so the Department corresponds with the firm.

Who handles your matter

Partner visa work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. The firm is an Australian immigration law firm, and more about its approach is on the About My Migration Lawyers page and the partner visa lawyers page. Consultations are by video Australia-wide, with clients in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Couples comparing firms can read the guides to choosing a partner visa lawyer, the best partner visa lawyer in Australia, and what an immigration lawyer for a partner visa does. The guide to booking an immigration lawyer consultation explains what happens at the first meeting.

Book a consultation about your temporary vs permanent partner visa

If you hold a temporary partner visa and want your permanent stage prepared properly, or you are unsure how a change in your circumstances affects the temporary vs permanent partner visa transition, get advice before the Department makes its decision. Book a Consultation with My Migration Lawyers. You can also call 1300 040 300.