The Subclass 801 Partner Visa Explained

You Are Already in Australia? Now Make It Permanent!

Most people assume the hard part is getting into Australia. The flights, the decisions, the goodbyes. But if you came in on a Subclass 820 temporary partner visa, you know the hard part is still ahead — the wait, the uncertainty, and the question that sits at the back of every day: when does this become permanent?

The answer is the Subclass 801. It is the permanent spouse visa Australia for people who are already inside Australia. It is not a new application in the traditional sense. It is the second stage of a journey you already started — and understanding it properly can make the difference between a smooth grant and an unnecessary delay.

The 801 and the 820: One Journey, Two Stages

The Partner (Residence) Subclass 801 visa represents the second step toward permanent residency, following the Partner Visa Subclass 820. These two visas are lodged together as a combined application through ImmiAccount, and you pay for both in a single upfront payment. Aussiemigrationservices

Think of it this way: the 820 is the bridge, and the 801 is the destination. You live and work in Australia on the 820 while the Department of Home Affairs watches the clock. After two years from the date of the 820 application, the permanent Subclass 801 is assessed separately. The Department will look at your relationship again — not as it was when you first applied, but as it exists at the moment of assessment. SOL Migration

This is a critical point that many applicants misunderstand. Getting the 820 does not guarantee the 801. Your relationship must still be genuine, ongoing, and provable at the time the permanent stage is reviewed.

Who Can Apply

To be eligible for the 801, you must:

Already hold the Subclass 820 temporary partner visa and have continued meeting its conditions
Still be in a genuine relationship with the same Australian citizen, permanent resident, or eligible New Zealand citizen who originally sponsored you
Meet health and character requirements at the time of the permanent assessment
Have the same sponsor — and that sponsor must not have sponsored another partner for a partner or prospective marriage visa in the last five years, must not have been convicted of relevant offences, and must not have been granted a partner visa themselves in the last five years

Your sponsor must be either an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, and must not have sponsored any partners for a partner visa or prospective marriage visa in the last five years. Onederland

Same-sex couples are fully eligible. The law does not distinguish.

The Two-Year Wait — And When It Can Be Skipped

Two years is the standard. But the Department does recognise that not every couple starts their visa journey at the beginning of their relationship.

The two-year waiting period can be waived if, when submitting the application, the sponsor and the applicant have had a relationship for more than three years — or more than two years with children together. In these cases, the 820 and the 801 can be granted one after the other in quick succession, sometimes almost simultaneously. This is sometimes called a double grant. SOL Migration

If you are in a long-term relationship and have not explored whether you qualify for early consideration, it is worth checking — the difference between waiting two years and waiting three months is significant.

What the Department Is Actually Looking For

When the permanent stage comes up for assessment, the Department does not simply confirm that you are still together. It reassesses the full nature of the relationship across four dimensions:

Financial — joint accounts, shared expenses, mortgage or lease agreements in both names, evidence of financial interdependence.

Household — shared living arrangements, joint responsibility for day-to-day life, domestic duties shared between both partners.

Social — how you present as a couple to the outside world. Joint travel, family events attended together, being known as a couple among friends, family, and community.

Commitment — the depth of your knowledge of each other’s lives, shared plans for the future, and the history of the relationship itself.

This is not a checklist that you tick once and forget. The Department may request additional documents at any stage, so it is important to keep uploading relationship evidence regularly throughout the waiting period. Couples who treat the two-year gap as a holiday from paperwork are the ones who face delays. Onederland

What Happens If the Relationship Ends

This is the part of the 801 that most people do not want to think about but genuinely need to know.

If your relationship ends before you get your 801 visa, your application could be cancelled — unless you qualify for an exemption, which includes family violence provisions, shared parental responsibility, or the death of your partner. IDP Education

The family violence provision is one of the most important protections in Australian immigration law. The Family Violence Provision allows individuals on a temporary partner visa (Subclass 820) to continue pursuing the permanent Subclass 801 even if the relationship ends due to family violence, provided the abuse occurred while the relationship was still active. Australian Migration Lawyers

Under Australian law, domestic violence is defined as behaviour by a partner or family member that coerces, controls, or causes a person to fear for their safety and well-being — and it is not limited to physical violence, but includes any form of abuse that causes emotional, psychological, or financial harm. Uvisionaustralia

This provision exists precisely so that vulnerable visa holders are never trapped in dangerous situations by the fear of losing their visa. If this applies to you, seek legal advice before making any decision about your application.

What the 801 Costs

There is no additional cost for the 801 visa. The cost is combined with the temporary partner visa (Subclass 820), which is AUD 9,365 as of July 2025. Additional expenses outside the government fee include medical examinations, police clearance certificates for every country you have lived in for 12 months or more since turning 16, certified translations where required, and any professional migration agent fees. Onederland

The base application fee covers both the 820 and 801 stages in a single upfront payment — and fees are non-refundable regardless of outcome. Fenro

Processing Times

As of May 2026, the processing time for the Subclass 820 onshore temporary partner visa is usually between 17 and 24 months. Some applications may be processed within 8 to 18 months, while more complex cases or incomplete applications can take over 24 months. The permanent 801 stage is then assessed after the two-year mark from the original lodgement date. VEM

What You Gain When the 801 Is Granted

When the permanent visa lands, the life you have been building in Australia stops being provisional.

Full, unrestricted rights to live and work anywhere in Australia — permanently
Enrolment in Medicare, Australia’s public health system
The right to sponsor eligible family members to come to Australia
Access to the Adult Migrant English Program (AMEP) free of charge
A five-year travel facility, allowing you to enter and leave Australia as many times as you like for five years from the date of grant
Eligibility to apply for Australian citizenship once you meet the residency requirements