801 Visa (Permanent Partner): Complete 2026 Guide

How the 820/801 Two-Stage Process Works

The onshore partner visa pathway involves two visas lodged as a single application. When you lodge, you apply for both the Subclass 820 (temporary) and the Subclass 801 (permanent) at the same time — there is one application form and one application fee. The Department first assesses the 820. If your relationship is genuine and you meet the requirements, the 820 is granted, allowing you to remain in Australia while the permanent stage is assessed. After a waiting period, the Department automatically assesses the 801 — you do not need to lodge a separate application. The waiting period is generally two years from the date the original application was lodged (Schedule 2, clause 801.221 of the Migration Regulations). The two-year wait does not apply if, when you applied, you were already in a long-term partner relationship with your sponsor — defined in the Regulations as at least three years, or at least two years if you have a dependent child together (not a step-child). Home Affairs states it might grant the 801 in less than two years in that case. The offshore equivalent pathway is the 309/100: the 309 is the temporary offshore partner visa, and the 100 is the permanent stage.

Eligibility for the 801

To be eligible for the 801, you must: be sponsored by your partner who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen; be in a genuine, ongoing relationship — married or de facto; have held the Subclass 820 visa (or be applying simultaneously); and continue to meet health and character requirements at the time the 801 is assessed. For de facto couples, your relationship must be genuine and have existed for at least 12 months before you lodged the original 820/801 application, unless you have registered your relationship with a state or territory (which waives the 12-month requirement). For married couples, there is no minimum relationship duration before lodgement, but the relationship must be genuine. If you lodged the 820/801 but separated from your partner during the waiting period, the 801 will generally not be granted. Clause 801.221 sets out exceptions: the sponsoring partner has died and the relationship would otherwise have continued; the applicant or a dependent child experienced family violence committed by the sponsoring partner; or the applicant has custody of, access to or a Family Law Act order for a child in respect of whom the sponsoring partner also has custody, access, contact or maintenance obligations.

Evidence Required for the 801 Assessment

At the permanent stage, Home Affairs assesses whether your relationship is still genuine and continuing, and its 801 page lists the updated documents to provide. You will need to provide updated evidence across all four relationship categories: financial — updated joint bank account statements, shared bills, or evidence of ongoing financial interdependence; social — statements from 2 witnesses aged 18 or over who know you both and know about your relationship (Form 888), plus photographs from the past two years, evidence of shared social activities; household — confirmation of your current shared address, lease or mortgage documents, utility bills in both names; commitment — evidence of ongoing future plans, shared property, or other long-term commitment indicators. The evidence for the 801 assessment is about the relationship since the 820 was granted, so it covers the period after lodgement rather than repeating what was submitted then.

Processing Times and What to Expect

Home Affairs publishes current processing times for the 820 and 801 on its visa processing times page and updates them regularly; it describes them as a guide, and complex cases can take longer. Once the 820 is granted, you can live, work and study in Australia while the permanent stage is processed. For the 801, Home Affairs states that the processing time starts from the date of eligibility — two years after you applied for the 820 and 801 — unless you were in a long-term relationship when you applied. For immigration purposes a police certificate is valid for 12 months from its issue date, so Home Affairs may ask for a new Australian certificate at the 801 stage, plus an overseas certificate from any country where you spent a total of 12 months or more since the 820 was granted.

The Application Fee

The combined application fee for the 820/801 is AUD $11,710 for the primary applicant (rates in force from 1 July 2026). Secondary applicants aged 18 or over: AUD $5,860 each. Children under 18: AUD $2,935 each. The fee is paid at lodgement and covers both the 820 and 801 stages — you do not pay again when the 801 is assessed. Other costs include health examinations, police certificates and any professional fees, which vary by provider.

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

No. The 801 is lodged together with the 820 in a single combined application. The Department assesses the 801 automatically after the waiting period — you do not need to pay a second fee or submit a new form.

What if my relationship ends before the 801 is granted?

If you separate from your sponsor, the 801 will generally not be granted. You should notify the Department of any change in relationship status. You may still be eligible if your sponsor died, if you or a dependent child experienced family violence committed by the sponsor, or if you share custody, access or maintenance arrangements for a child with the sponsor (clause 801.221 of the Migration Regulations).

Can I work while on the 820 waiting for the 801?

Yes. Home Affairs states that the Subclass 820 lets you live, work and study in Australia while your permanent Partner visa is processed.

Is the 801 different from the 100 visa?

They are the equivalent permanent stage of two different partner visa pathways. The 801 is the permanent onshore partner visa (paired with the 820). The 100 is the permanent offshore partner visa (paired with the 309). Both grant the same permanent residence outcome.