There is no new application or charge: the 801 was applied for and paid for with the 820, and at the two-year mark you upload the stage 2 documents in ImmiAccount under “Stage 2 – Permanent Partner Visa Assessment”.
On the Department’s figures pulled 3 October 2026, half of 801 applications were decided within 8 months of that eligibility date, and couples who had been together 3 years when they applied (2 years with a child of both) can be granted the 801 straight after the 820.
These rules come from clause 801.221 and regulation 1.03 of the Migration Regulations 1994, Home Affairs’ “Partner visa (permanent) subclass 801” page and its Global visa processing times guide. For the two-year long-term relationship exception, the child must be a dependent child of both partners, not a step-child.
801 timeline
Optional date field: “Date the combined 820/801 application was lodged”. Without a date, the timeline starts at “Day 0”.
| Step | Label | Date or timing |
|---|---|---|
| 1 | Combined 820/801 application lodged | The entered date, or “Day 0” |
| 2 | Eligible for the 801 assessment | Application date + 2 years |
| 3 | Stage 2 documents uploaded | From the eligibility date, not before: “Do not send them before this time” |
| 4 | 801 decided (Department, pulled 3 October 2026) | From eligibility: 25% within 72 days; 50% within 8 months; 75% within 11 months; 90% within 19 months |
The eligibility step reflects clause 801.221(2) of the Migration Regulations 1994; upload timing follows Home Affairs’ subclass 801 page, and decision figures come from its Global visa processing times guide.
Branch A — “Together 3 years when you applied, or 2 years with a dependent child of both”: the 801 can be granted straight after the 820; steps 2–4 collapse under the long-term relationship exception in clause 801.221(6A) and regulation 1.03.
Branch B — “Relationship ended before the 801 decision”: Sponsor’s death · Family violence by the sponsoring partner · A child of the relationship.
Home Affairs’ processing-time qualification: “A guide only and not specific to your application”.
What is the 801 visa?
The Partner (Residence) (Class BS) visa, subclass 801 is the permanent stage of the onshore partner pathway under the Migration Regulations 1994. Home Affairs’ subclass 801 page says you become a permanent resident on the day the visa is granted. The 820 is temporary, not permanent residence; an eligible dependent child may hold a subclass 445 before joining the permanent stage.
Home Affairs’ subclass 801 page confirms that you paid for this visa when you made the combined applications. There is no second visa application charge for stage 2. For the broader pathway, see the partner visa guide.
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, separate from the Home Affairs visa application charge.
When are you eligible for the 801?
Usually, two years after the combined application—not two years after the 820 grant. Clause 801.221(2) of the Migration Regulations 1994 requires all four conditions:
- At least two years have passed since the combined application.
- You still hold the subclass 820.
- You are still sponsored.
- You remain the spouse or de facto partner of the sponsoring partner.
The 820 does not automatically become an 801. Clause 801.221(7) allows refusal before two years, or an early grant under the sponsor’s death, family violence or child provisions.
Home Affairs’ subclass 820 page warns that grant of another visa ends 801 eligibility by overriding the temporary partner visa. A New Zealand citizen must decline a subclass 444 at the border to preserve their 820.
After the 820 is granted: waiting for the 801
After your subclass 820 is granted, follow these five steps:
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Keep relationship evidence current. Home Affairs’ Partner Visa FAQs advise updating evidence in ImmiAccount, which allows 100 attachments per person, and not chasing the Department within standard processing times.
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Report changes. Section 104 of the Migration Act 1958 requires notification of changed circumstances affecting application answers. Home Affairs’ Form 1022 covers these changes; its change-in-situation pages direct contact and passport updates through ImmiAccount or the relevant online update forms.
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Do not take another visa. Home Affairs’ subclass 820 page warns that another visa grant overrides the 820 and ends eligibility for the 801.
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Arrange a dependent child’s inclusion before the permanent decision. Home Affairs’ partner pages say a child joining after the 820 grant first needs a subclass 445, then joins the 801 application using Form 1002. Nobody can be added after the 801 grant.
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Submit stage 2 documents at two years. Home Affairs’ subclass 801 page says to use “Stage 2 – Permanent Partner Visa Assessment” in ImmiAccount and not send those documents before eligibility.
Under regulation 1.20(2)(c) of the Migration Regulations 1994, the sponsor’s undertaking to provide financial help and accommodation runs for two years from the 820 grant, including where permanent residence is granted straight afterwards.
Stage 2: what the Department asks for
Home Affairs’ subclass 801 page lists these eight document groups:
- Passport: current passport documents.
- Police certificates: an AFP National Police Certificate with complete disclosure if none was supplied for the 820, plus overseas certificates for countries where you spent 12 months or more since the 820 grant.
- Sponsor’s declaration: a Commonwealth statutory declaration about the relationship.
- Marriage evidence: if you are married.
- Relationship evidence: documents covering finances, the household, social aspects and commitment.
- Witness statements: two statements on Form 888.
- Family members’ documents: the documents relevant to family members included in the application.
- Health checks: new examinations if the Department asks for them.
The sponsor’s statutory declaration and the two Form 888 statements are different documents. Home Affairs’ Form 888 is a supporting witness statement, not a statutory declaration, and does not need a JP or other witness to observe its signing.
The long-term relationship exception (straight to the 801)
If your relationship already qualified as long-term when you applied, the two-year wait does not apply. Clause 801.221(6A) and regulation 1.03 of the Migration Regulations 1994 define this as:
- A partner relationship of at least three years; or
- A partner relationship of at least two years, with a dependent child of both partners, not a step-child.
The time is counted to the application date, not to the 820 grant or today. The exception permits the 801 to be granted straight after the 820—often called a “double grant”—but does not remove the genuine-and-continuing relationship test under sections 5F and 5CB of the Migration Act 1958.
Can 820 and 801 be granted together?
Yes. Under clause 801.221(6A) and regulation 1.03 of the Migration Regulations 1994, qualifying couples can receive the permanent visa straight after the temporary visa, without the usual two-year wait. This is permitted, not guaranteed.
801 processing time
Home Affairs’ Global visa processing times guide, pulled 3 October 2026, showed 72 days / 8 / 11 / 19 months at the 25th / 50th / 75th / 90th percentiles, counted from eligibility two years after the combined application. Adding that wait gives about two years eight months from application at the median, or about three years seven months at the 90th percentile. Home Affairs’ Partner Visa FAQs identify onshore 820/801 applications as having the highest family-queue priority under Direction 117; this is not a decision deadline. See spouse visa processing time for the fuller timing guide.
If the relationship ends before the 801
Can the 801 still be granted? Usually no—but yes where a relationship-ended exception applies. Clause 801.221(2) normally requires the relationship to continue. The Migration Regulations 1994 provide three alternative routes:
- Sponsor’s death: clause 801.221(5) applies where you would have continued as the sponsor’s spouse or de facto partner had they not died.
- Family violence: clause 801.221(6)(c)(i) applies where the relationship ceased and the sponsoring partner committed family violence against you or a dependent child of you, the sponsor or both.
- A child of the relationship: clause 801.221(6)(c)(ii) requires you to have custody, joint custody, access or a residence/contact order for a child for whom the sponsor has joint custody, access, a residence/contact order, or a maintenance order or other formal maintenance obligation.
Home Affairs’ Partner Visa FAQs direct applicants to notify the Department using the Notification of Relationship Cessation form. Its sponsor guidance says sponsorship can be withdrawn in writing any time before the 801 decision; withdrawal does not itself decide whether an exception applies.
Under clause 820.511 of the Migration Regulations 1994, the 820 ends when the 801 refusal is notified. Clause 801.221(8) nevertheless allows an ART remittal or determination to lead to an 801 grant after the 820 has ceased.
Home Affairs’ Partner Visa FAQs describe this pathway as a decision on the 801, rather than cancellation. A ceased relationship is not a listed partner-visa cancellation ground in regulation 2.43. That does not establish that every other cancellation power is unavailable.
A migration lawyer can check which exception needs addressing, whether the evidence meets its requirements and any response or review deadline.
Can an 801 visa be rejected?
Yes—for example, if the relationship ended and no exception applies. The 820 then ends under clause 820.511. Section 347 of the Migration Act 1958 generally allows 28 days after notification to seek ART review, or 14 days if in immigration detention; eligible 801 applicants must be physically in Australia when applying. The ART’s 2025–26 detailed caseload statistics record 35 of 95 finalised 801 refusal reviews set aside (37%). This is not an individual success prediction.
From the 801 or 100 to citizenship
Permanent residence starts on the grant date. Like the offshore subclass 100, the 801 allows indefinite residence, work and study. Home Affairs’ subclass 801 page also lists Medicare, sponsorship of eligible family members and applying for Australian citizenship if eligible. Grant does not itself confer citizenship.
Home Affairs’ subclass 801 page provides a five-year travel facility. After it ends, you need a Resident Return visa to re-enter as a permanent resident; the end of the travel facility does not make the visa temporary.
Section 117(2) of the Migration Act 1958 prevents cancellation under section 116(1) while a permanent visa holder is in the migration zone and was immigration cleared on their last entry. This protection does not prevent cancellation under sections 109 or 501.
Is an 801 visa permanent residency?
Yes. Home Affairs’ subclass 801 page says you become a permanent resident on the day of grant, with a five-year travel facility.
How do you apply for the 801 after the 820?
You do not lodge again. Home Affairs’ subclass 801 page directs you, at two years after the combined application, to upload documents under “Stage 2 – Permanent Partner Visa Assessment” in ImmiAccount.
What happens after partner visa 801 is granted?
Home Affairs’ subclass 801 page lists permanent residence, unrestricted work and study, Medicare, sponsorship of eligible family members, five years of travel and citizenship if eligible.
What happens after 5 years of PR in Australia?
The visa remains permanent. Home Affairs’ subclass 801 page says its travel facility ends after five years, so a Resident Return visa is needed to return as a permanent resident.
When the 801 stage needs a lawyer
The usual 801 assessment uses updated evidence two or more years after lodgement, rather than automatically accepting the original relationship documents. Home Affairs’ subclass 801 page requests stage 2 evidence; the death, family violence and child provisions in clause 801.221 each require different facts to be established.
For partner visa relationship breakdown, a lawyer can check the relevant provision, organise supporting documents, identify inconsistencies and check deadlines before a response is lodged.
Ask an Australian migration lawyer to assemble new stage-2 relationship evidence and check whether the family-violence, child or death-of-sponsor provisions need to be addressed before a decision.