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. However, if your relationship has been ongoing for three or more years before you lodged (or two years if you have a dependent child together), the 801 can be assessed immediately without the two-year wait. 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. Exceptions apply in cases of family violence or death of the sponsor.

Evidence Required for the 801 Assessment

When the two-year waiting period ends, the Department will contact you requesting updated evidence that your relationship is still genuine and continuing. This is the critical second-stage assessment. 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 — updated statutory declarations (Form 888) from people who know you as a couple, 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 you submit for the 801 assessment should demonstrate that the relationship has continued and deepened since the 820 was granted — not simply repeat what you submitted at lodgement.

Processing Times and What to Expect

The 820 temporary visa is typically granted within 12–20 months of lodgement for 50% of applications. Once the 820 is granted, you can live and work in Australia freely while waiting for the 801 assessment. The 801 permanent assessment begins automatically around the two-year mark from lodgement. Processing after the two-year mark varies — if you respond quickly to the Department's evidence request with a complete response, the 801 is often granted within 6–12 months of the request. The full timeline from lodging a 820/801 application to receiving permanent residence is typically 3–4 years for most applicants. For couples who qualify for immediate assessment (3+ years together before lodging), the entire process can complete in 18–24 months.

The Application Fee

The combined application fee for the 820/801 is AUD $9,095 for the primary applicant (2026 rates). Secondary applicants aged 18 or over: AUD $4,550 each. Children under 18: AUD $2,275 each. This is one of the most expensive visa application fees in the Australian immigration system, reflecting the significant government processing involved. The fee is paid at lodgement and covers both the 820 and 801 stages — you do not pay again when the 801 is assessed. Additional costs include migration agent fees (typically AUD $2,000–$4,500), health examinations, and police clearances.

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. If the separation involved family violence, you may still be eligible — contact a migration agent immediately.

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

Yes. The Subclass 820 grants full work rights in Australia. You can work for any employer in any location while the 801 is being assessed.

Is the 801 different from the 100 visa?

They are the same stage of the partner visa — just applied at different stages of the journey. 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.