When Can I Apply for the 801 Permanent Partner Visa?

Do I need to lodge a new application for the 801?

A new application for the 801 is not needed in the usual case, because the Subclass 801 was applied for at the same time as the Subclass 820 in the combined application. No second application charge is usually payable. The Department reopens the permanent stage when the applicant becomes eligible for assessment. Our article on the partner visa two-stage process explains how the combined application works.

When does the two-year period for the 801 start?

The two-year period for the 801 starts on the date the combined Subclass 820/801 application was lodged, not the date the Subclass 820 was granted. An applicant whose Subclass 820 took a long time to be granted may therefore become eligible for the permanent stage soon after the temporary grant. Our article on Subclass 820 versus 801 explains the timing in more detail.

Will the Department contact me about the 801 stage?

The Department usually contacts the applicant around the two-year point to invite updated information for the permanent stage. Applicants do not need to wait passively, however, and can begin collecting updated relationship evidence beforehand so they are ready to respond quickly. Our article on partner visa second stage documents lists what is usually requested.

Can I get the 801 earlier than two years?

The 801 can be granted earlier than two years in limited cases, including where the couple were in a long-term relationship, as the regulations define it, when the combined application was lodged. Where the Subclass 820 is still undecided at the two-year point, the Department may also grant both visas together. Our articles on the partner visa long-term relationship exception and the partner visa double grant explain both situations.

What if my relationship has ended or changed before the 801 stage?

If the relationship has ended before the 801 stage, the applicant must tell the Department, and the permanent visa can generally be granted only if a special provision applies, such as family violence by the sponsor or the death of the sponsor. Other changes, such as a new child or a move, should be reported and evidenced. Our page on partner visa family violence explains the family violence provisions, and our article on Subclass 820 relationship breakdown explains the other options.

What if I was a Subclass 300 holder?

A Subclass 300 holder who married the sponsor within the visa period applies for the Subclass 820/801 in Australia, and the two-year assessment for the Subclass 801 then runs from that application. Our page on the Subclass 300 visa explains the path from the prospective marriage visa.

How does My Migration Lawyers prepare clients for the 801 stage?

My Migration Lawyers diarises the two-year date from the day the combined application is lodged and starts preparing the permanent stage before the Department makes contact. The firm checks whether an earlier grant is available, prepares the updated evidence and statements, and reports any changes in circumstances properly. Subclass 820 holders can ask our partner visa lawyers to manage the permanent stage.