What Is the Difference Between the 820 and 801 Visas?

What is the Subclass 820 visa?

The Subclass 820 is the temporary partner visa for applicants in Australia who are married to, or in a de facto relationship with, an eligible sponsor. It allows the holder to live, work and study in Australia while waiting for the permanent stage. The applicant must be in Australia when the application is lodged and when the visa is granted. Our page on the Subclass 820 visa and our Subclass 820 visa guide explain the criteria.

What is the Subclass 801 visa?

The Subclass 801 is the permanent partner visa that follows the Subclass 820. It gives permanent residence, access to Medicare and a pathway to Australian citizenship once the residence requirements are met. Most applicants do not lodge a separate application for it, because it forms part of the combined application. Our article on the permanent partner visa explains what permanent residence provides.

When is the Subclass 801 assessed?

The Subclass 801 is generally assessed two years after the combined Subclass 820/801 application was lodged. The Department usually contacts the applicant around that time to ask for updated evidence, and the applicant must show the relationship is still genuine and continuing. Our article on Subclass 820 versus 801 explains the timing, and our article on partner visa second stage documents explains what is usually requested.

Can the Subclass 801 be granted without waiting two years?

The Subclass 801 can be granted without the two-year wait in limited cases, including where the couple were already in a long-term relationship, as the regulations define it, when the application was lodged. Where the Subclass 820 is still undecided at the two-year point, both visas may also be granted together. Our articles on the partner visa long-term relationship exception and the partner visa double grant explain both situations.

What if the relationship ends before the Subclass 801 is decided?

If the relationship ends before the Subclass 801 is decided, the applicant generally cannot be granted the permanent visa, unless a special provision applies. Those provisions include family violence committed by the sponsor, the death of the sponsor, and cases involving a child of the relationship. The applicant must tell the Department that the relationship has ended. Our article on Subclass 820 relationship breakdown explains the options, and our page on partner visa family violence explains the family violence provisions.

Is a second application charge payable for the Subclass 801?

A second application charge is not payable for the Subclass 801 in the usual case, because the charge paid at lodgement covers both stages of the combined application. The Department may still ask the applicant to pay for updated police certificates or health checks. Our article on partner visa cost explains the charges.

How does My Migration Lawyers guide couples from the Subclass 820 to the Subclass 801?

My Migration Lawyers plans the full path from the Subclass 820 to the Subclass 801 at the start, so the couple know which evidence to keep over the two years and when the permanent stage will be assessed. The firm checks whether an early grant may be available, then prepares the permanent stage evidence and statements when the Department asks. Couples can ask our partner visa lawyers to manage both stages.