From Subclass 820 to Subclass 801
Your subclass 801 assessment begins 2 years after the day you lodged the subclass 820, you pay nothing further, and you give the Department a second round of relationship evidence at that point.
- Stage 1
- Temporary. Live, work and study while the permanent stage waits.
- Eligibility date
- Two years after the day you lodged. The Department then asks for fresh relationship evidence.
- Stage 2
- Permanent. Stay indefinitely and, when eligible, apply for citizenship.
The subclass 820 and the subclass 801 are one application: you applied for both when you lodged, and the second stage is a re-assessment of the same relationship at a later date.
When does the subclass 801 assessment start?
Clause 801.221(2)(d) of Schedule 2 to the Migration Regulations 1994 (Cth) requires at least 2 years to have passed since the application was made. The date is fixed by your lodgement, so you can work it out now.
| If you lodged your subclass 820 on | You are eligible for the subclass 801 assessment from | What you do on that date |
|---|---|---|
| 1 March 2024 | 1 March 2026 | Submit the second-stage documents in ImmiAccount |
| 15 September 2024 | 15 September 2026 | Submit the second-stage documents in ImmiAccount |
| Any date | The same day and month, two years later | The same |
- The trigger: the second anniversary of lodgement, not of grant. ImmiAccount shows the date you lodged.
- The further charge: none. One visa application charge (A$11,710 for the main applicant as at 23 September 2026) covered both stages.
- What you must have kept doing: living in a genuine and continuing relationship with the same sponsor, and telling the Department of every change.
Is the date two years from lodgement or two years from grant?
From lodgement. If your subclass 820 took 23 months to decide, the median in the Department's guide updated on 4 September 2026, you may become eligible for the permanent assessment about a month after the temporary grant.
Can the subclass 801 be granted before two years?
Yes, in these cases:
- Long-term partner relationship: under clause 801.221(6A), the two-year wait does not apply if, when you applied, you and your sponsor had been together for at least 3 years, or at least 2 years with a dependent child of you both (the "long-term partner relationship" definition in regulation 1.03).
- The sponsor has died, or the relationship ended with family violence or a child-related tie: clause 801.221(7) allows the Department to grant the subclass 801 before two years to applicants who meet clause 801.221(5) or (6).
Can the subclass 820 and subclass 801 be granted at the same time?
Yes. Where the long-term partner relationship rule applies, the Department can grant the subclass 801 straight after the subclass 820. Its subclass 801 page says that if this happened to you, you do not need to do anything else.
What triggers the second-stage assessment?
- The second anniversary of your lodgement passes. The Department asks you not to send permanent-stage documents before then.
- You log in to ImmiAccount, select "New application", then "Family", then "Stage 2 – Permanent Partner Visa Assessment (100, 801)", and complete the form with your application ID.
- You and your sponsor attach the documents listed below. There is no new application to lodge and no new charge.
- The Department assesses the relationship again and may ask for more information under s 56 of the Migration Act 1958 (Cth). If you cannot meet a deadline, you can ask for more time through the Partner Processing Enquiry Form before the deadline passes.
The Department says applications with all required information can be processed faster, so delay on your side adds to the wait.
What does the second stage cost?
Nothing further. The Department's subclass 801 page says you paid for this visa when you applied for the temporary and permanent visas together.
The second instalment is a separate idea that some visas carry, payable before grant. For this visa it is nil: item 1124B(2)(b) of Schedule 1 to the Migration Regulations 1994 (Cth) sets the second instalment at nil, as at the compilation in force on 23 September 2026. Your costs at this stage are limited to police certificates and any health examinations the Department asks for. The partner visa cost page sets out the full charge table.
What documents does the Department ask for at the second stage?
| Document | Applicant or sponsor | Which factor in regulation 1.09A it proves | Period it should cover |
|---|---|---|---|
| Passport pages with photo, details and signature | Applicant | Identity | Current |
| Australian police certificate (AFP complete disclosure), if none was given with the subclass 820 | Applicant | Character | Issued within 12 months |
| Overseas police certificate from any country where you spent 12 months or more since the subclass 820 grant | Applicant | Character | Issued within 12 months |
| Commonwealth statutory declaration about the relationship | Sponsor | All four factors | Since you lodged |
| Passport personal details page or Australian driver's licence | Sponsor | Identity | Current |
| Joint financial documents, bills and mail in both names | Both | Financial aspects, nature of the household | Since you lodged |
| Two witness statements from people aged 18 or over | Witnesses | Social aspects | Current |
| Marriage certificate, or proof of the de facto relationship | Both | Nature of the commitment | Since you lodged |
The evidence must show that you continue to be the spouse or de facto partner of the same sponsor, so documents dated after you lodged carry the most weight. The full list is on partner visa document checklist.
Do you need new Form 888 supporting statements?
You need statements from 2 witnesses aged 18 or over who know you both and know about the relationship, and the Department's subclass 801 page says these can be made on Form 888, which is a supporting statement, not a statutory declaration, and needs no witness. Witnesses who are Australian citizens or permanent residents also give evidence of that status.
Does the sponsor have to do anything at the second stage?
Yes. The sponsor does not lodge a new sponsorship, but attaches ID and a completed Commonwealth statutory declaration covering the relationship, including whether you live together, your shared finances and household, the social side of the relationship, your commitment and your plans.
Subclass 820 and subclass 801 compared
| Subclass 820 | Subclass 801 | |
|---|---|---|
| Temporary or permanent | Temporary | Permanent |
| When it is decided | After lodgement (median 23 months, guide updated 4 September 2026) | From 2 years after lodgement (median 3 months from that date) |
| What you pay | The one charge, at lodgement | Nothing further |
| What it lets you do | Live, work and study in Australia; travel in and out | The same, indefinitely, plus a 5-year travel facility and a path to citizenship |
| What ends it | Decision on the subclass 801, or withdrawal (cl 820.511) | It does not end; only the travel facility expires |
The temporary stage is covered on partner visa subclass 820.
How long does the second stage take to decide?
The 50th percentile is the time within which half of recently decided applications were finalised; the 90th, nine in ten.
| Subclass | 50% decided within | 90% decided within | As at |
|---|---|---|---|
| 801 | 3 months | 17 months | guide updated 4 September 2026 |
The Department's subclass 801 page says the processing time for the permanent visa starts from the date of eligibility, two years after you applied. So a 3-month median means about 27 months from the day you lodged the subclass 820, not 3 months in total. Check the processing times guide for the current figure.
What happens if the relationship ends before the subclass 801 is granted?
The application is refused unless an exception in clause 801.221 applies: the sponsor has died and the relationship would otherwise have continued, you or a dependent child experienced family violence committed by the sponsor, or you share custody, access or maintenance arrangements for a child with the sponsor. Tell the Department through ImmiAccount, using the Notification of Relationship Cessation form where it applies. The options are set out on partner visa relationship breaks down.
Applying these rules to your own circumstances is immigration assistance, which ss 276 and 280 of the Migration Act 1958 (Cth) restrict to registered migration agents and Australian legal practitioners.
What happens when the subclass 801 is granted?
You become an Australian permanent resident on the day of grant. The visa lets you travel in and out of Australia for 5 years from that date (cl 801.511). For citizenship, your permanent residence starts on the grant date if you were in Australia, or on your first entry after grant if you were not.
Questions about the 820 to 801 transition
Do you have to be in Australia when the subclass 801 is granted?
No. Clause 801.411 allows you to be in Australia (but not in immigration clearance) or outside Australia when it is granted.
Does the subclass 801 come automatically?
No. Unless it was granted with the subclass 820, you must submit the second-stage documents and the Department re-assesses the relationship before granting it.
What if your circumstances changed?
- A new address, phone or email: update your details in ImmiAccount.
- A new passport or a name change: tell the Department and attach the new passport.
- A child born after the subclass 820 grant: tell the Department; a dependent child who is not on the application first needs a subclass 445 visa, then joins using Form 1002.
- Any change relevant to the application: s 104 of the Migration Act 1958 (Cth) requires you to notify it, using Form 1022.
What if you missed the Department's letter?
No letter opens the second stage; the date does. If the Department has written asking for more information, it will have set a deadline, and the Partner Visa FAQs say a request for more time is only considered if it is made before that deadline expires.
Is the subclass 801 the same as permanent residence?
Yes. It is a permanent visa, and you become a permanent resident on the day it is granted.
Both stages of an onshore partner visa
- What permanent residence gives you, and what it does not, is on partner visa subclass 801.
- The overview of every subclass, charge and step is on the Australian partner visa page.
The second stage is refused if the evidence does not show a continuing relationship, and the charge is not refunded. An application prepared by a registered migration agent or an Australian legal practitioner is more likely to succeed, because they check that the second-stage evidence covers the period since you lodged and answers each of the four factors. No one can guarantee a grant, but a complete submission avoids the delays and refusals that follow a thin one.
Questions people ask
How long does it take to go from 820 to 801?
You become eligible to be assessed for the subclass 801 two years after the day you lodged the subclass 820 and 801 application. In the Department of Home Affairs guide updated on 4 September 2026, half of subclass 801 applications were then decided within 3 months and 90% within 17 months, counted from that eligibility date.
Can 820 and 801 be granted together?
Yes, if you were already in a long-term partner relationship with your sponsor when you applied. Under the Migration Regulations 1994 that means a relationship of at least 3 years, or at least 2 years if you and your sponsor have a dependent child together. The two-year wait then does not apply.
Do I pay again for the 801?
No. The visa application charge you paid when you lodged covered both the subclass 820 and the subclass 801. Schedule 1 to the Migration Regulations 1994 sets the second instalment for this visa at nil.
Does the Department contact me when I become eligible for the 801?
The Department tells applicants to submit their permanent-stage documents in ImmiAccount once two years have passed since they applied, using the Stage 2 Permanent Partner Visa Assessment form, and not before. You can check your lodgement date in ImmiAccount.
Sources
Primary sources this page was checked against on 23 September 2026.
- Department of Home Affairs, Partner visa (subclass 801) immi.homeaffairs.gov.au
- Department of Home Affairs, Partner visa (subclass 820) immi.homeaffairs.gov.au
- Department of Home Affairs, Partner Visa Frequently Asked Questions immi.homeaffairs.gov.au
- Department of Home Affairs, Global visa processing times guide immi.homeaffairs.gov.au
- Migration Regulations 1994 (Cth), Federal Register of Legislation www.legislation.gov.au