Subclass 801 Partner Visa Guide

You’re one step away from permanent residency in Australia with your partner, but what if your Subclass 801 visa gets denied?

It’s a stressful thought, but it happens more often than you think.

Many applicants get caught off guard by missing documents, weak relationship proof, or misunderstandings about eligibility. 

The good news? If you prepare properly, you can avoid these common mistakes

This article will guide you through everything you need to know about the 801 Partner visa, including eligibility criteria, transitioning from 820, application steps, costs, and processing time.

The Subclass 801 Partner Visa is the final step toward permanent residency in Australia for those who first applied for the onshore Subclass 820 Visa. 

Once approved, it grants full residency rights, allowing you to live, work, and study in Australia indefinitely.

This visa is specifically for people who are married or in a de facto relationship (living together but not married) with an:

• Australian citizen

• Australian permanent resident

• Eligible New Zealand citizen

Unlike the temporary 820 visa, which is the first stage, the 801 visa is permanent.

Once your Partner (Permanent) visa (subclass 801) is granted, you can:

• Live in Australia permanently.

• Work in Australia without restrictions and receive the same workplace protections as Australian workers.

• Study in Australia, including exploring eligible government-supported education options.

• Enrol in Medicare, Australia's public healthcare system, if you're eligible.

• Sponsor eligible family members to come to Australia.

• Travel to and from Australia as many times as you like for five years from the date your visa is granted. If you want to travel after your initial travel facility expires, you'll need a Resident Return visa (subclass 155 or 157).

• Apply for Australian citizenship if you meet the eligibility requirements.

As a permanent resident, you'll also need to continue complying with Australian laws and any conditions that apply to your visa.

To be eligible for the Partner (Permanent) visa (subclass 801), you'll need to continue meeting the requirements of your original Partner visa application. 

In most cases, you'll also need to wait until you're eligible to be assessed for the permanent stage of your visa.

The table below outlines the main Partner (Permanent) visa (subclass 801) eligibility requirements.

Most applicants who continue to meet these requirements can proceed to the permanent stage of their Partner visa application by providing updated documents when they become eligible.

If you're reading this, chances are you're already holding a Partner (Temporary) visa (subclass 820) and looking forward to the next milestone: becoming a permanent resident of Australia.

The good news? You've already done the biggest part.

When you first applied for your Partner visa, you actually applied for both the temporary Partner (Temporary) visa (subclass 820) and the permanent Partner (Permanent) visa (subclass 801) at the same time.

Here's how the process works:

• You'll receive the temporary visa first. 

• Around two years after lodging your combined application, you'll be invited to provide updated documents for the permanent stage of your visa.

• You don't pay another application fee.   

Good to know

Don't submit your supporting documents too early. The Department of Home Affairs advises that you should only submit documents for the permanent stage once two years have passed since you first applied. 

If you're already holding a Partner (Temporary) visa (subclass 820), you're well on your way to permanent residency.

Step 1: Check when you're eligible

You'll generally be eligible for assessment around two years after lodging your combined Partner visa application. You can check your application date in ImmiAccount.

Step 2: Prepare your supporting documents

Gather updated documents to show that you continue to meet the visa requirements, including evidence of your relationship and any other information requested by the Department of Home Affairs.

Step 3: Upload your documents

Once you're eligible, submit your supporting documents through ImmiAccount. Make sure your contact details are up to date and check your account regularly in case more information is requested.

Step 4: Wait for a decision

The Department of Home Affairs will assess your application and notify you of the outcome in writing. You'll typically receive a notification by email when there's an update, and you can view your decision letter in ImmiAccount. If your visa is granted, your decision letter will include your visa grant number, the date your permanent residency starts and any visa conditions. If the Department needs more information while assessing your application, they'll contact you before making a decision.

You and your partner are in love, but will your relationship actually meet the Subclass 801 visa requirements?

There are two ways to qualify: being married or in a de facto relationship (if you live together but are not yet married). 

If you’re married

If you're legally married to your Australian partner, you must show that:

• Your marriage is legally recognised in Australia.

• You and your partner are committed to a shared life together.

• Your relationship is genuine and ongoing.

• You live together or, if you're temporarily living apart, your separation isn't permanent.

De facto couples: Do you meet the 12-month rule?

If you’re not married, you must be in a de facto relationship, meaning:

• You and your partner are committed to a shared life together.

• Your relationship is genuine and ongoing.

• You live together or, if you're temporarily living apart, your separation isn't permanent.

• You're not related by family.

• You had been in a de facto relationship for at least 12 months before lodging your original Partner visa application, unless an exception applied.

De facto exceptions: Do you qualify anyway?

If you haven’t hit the 12-month mark, don’t stress just yet. You might still qualify if:

• Your relationship was officially registered with an Australian state or territory.

• Compelling and compassionate circumstances applied.

• Your partner held or had applied for certain humanitarian visas and declared your relationship.

Important: What if your relationship changes? 

Relationships don't always go as planned, and a change in your circumstances doesn't automatically mean you'll lose your eligibility for a Partner (Permanent) visa (subclass 801).

In some situations, you may still be eligible for the permanent visa even if your relationship has ended before a decision is made. This may apply if:

• You've experienced domestic or family violence.

• You have parental responsibility for a child under 18 with your former sponsoring partner.

• Your sponsoring partner has passed away.

If your relationship has ended

Notify the Department of Home Affairs through ImmiAccount as soon as possible. Your circumstances will then be assessed to determine whether you remain eligible for the permanent visa.

If none of these situations applies, you may need to explore other visa options or make arrangements to leave Australia.

How do you convince immigration that your relationship is the real deal? No, a ‘We met on Tinder, and it was love at first swipe’ story won’t cut it!

The Australian government wants hard evidence that you and your partner aren’t just together for the visa.

Think of this as an audit of your love life, except instead of receipts, you’re handing over joint bank statements, lease agreements, and declarations from friends who swear you’re the real deal.

Immigration will be looking for proof across four main areas:

1. Financial commitment (aka, do you share money like a real couple?)

• Joint bank account statements

• Shared bills, such as rent, utilities or internet

• Evidence of shared expenses or financial support

• Records of major purchases made together

2. Living arrangements (aka, do you actually live together?)

• Joint lease agreements or mortgage documents

• Utility bills or mail sent to the same address

• Documents showing shared household responsibilities

If you don’t live together (maybe due to work or study), explain why and provide proof that you still function as a couple. Think flight tickets, travel plans, and screenshots of your check-ins.

3. Social recognition (aka, do people actually know you’re together?)

• Photos with family and friends (not just the two of you)

• Social media posts, wedding invitations, event RSVPs

• Joint memberships (gym, Netflix, Costco—whatever works)

• Statutory declarations (Form 888) from family and friends confirming your relationship

4. Commitment to your relationship (aka, do you see a future together?)

• Wills or life insurance policies listing each other as beneficiaries

• Plans to have children (if applicable)

• Any shared travel plans or long-term financial commitments

Other supporting documents

Depending on your circumstances, you may also be asked to provide:

• Updated relationship evidence since your temporary Partner visa was granted

• Additional health or character documents, such as Form 80, if requested by the Department of Home Affairs

What if you don’t have all this?

Every relationship is different. If you don't have every document listed above, don't worry. Alternative evidence may still demonstrate that your relationship is genuine. For example, if you don't share a joint bank account, you could provide evidence of financial support or shared expenses instead.

Processing times vary depending on your individual circumstances and the number of applications being processed by the Department of Home Affairs.

Currently:

• 75% of applications are processed in around 12 months.

• 90% of applications are processed within 19 months.

Providing complete and accurate documents from the start can help avoid unnecessary delays. If the Department of Home Affairs needs more information, respond as soon as possible to keep your application moving.

If you applied for the combined Partner (Temporary) visa (subclass 820) and Partner (Permanent) visa (subclass 801), you generally won't need to pay another application fee for the permanent stage.

If you're applying for a new combined Partner visa application, the current application fees are:

• Main applicant: AUD $9,095

• Additional applicant (18 years and over): AUD $4,550

• Additional applicant (under 18 years): AUD $2,280

Fees may change over time, and payment surcharges may apply depending on your payment method. Always check the latest application fees before applying.

Congratulations! Once your visa is granted, you'll become a permanent resident of Australia.

Travelling outside Australia

Your visa includes a five-year travel facility, allowing you to leave and re-enter Australia as many times as you like during that period.

If you plan to travel after your travel facility expires, you'll generally need to apply for a Resident Return visa (subclass 155 or 157) before returning to Australia as a permanent resident.

Applying for Australian citizenship

If you meet the Australian citizenship eligibility requirements, you may be able to apply for Australian citizenship.

For citizenship purposes, your permanent residency generally starts on the day your Partner (Permanent) visa (subclass 801) is granted if you're in Australia, or on the day you first enter Australia on that visa if it was granted while you were overseas.

Applying for a Partner visa can feel overwhelming, but you don't have to navigate the process alone.

IDP's registered migration experts can help you:

• Understand your eligibility and visa options

• Prepare your application and supporting documents

• Review your evidence before you submit it

• Receive personalised migration advice based on your circumstances

• Get ongoing guidance from the application through to the visa outcome

Whether you're applying for the first time or transitioning from a Partner (Temporary) visa (subclass 820) to a Partner (Permanent) visa (subclass 801), we're here to help you apply with confidence.

Do I need to submit a new application for the Partner (Permanent) visa (subclass 801)?

No. If you applied for the combined Partner visa, you'll usually only need to provide updated documents when you're eligible for assessment of the permanent stage.

When can I apply for the Partner (Permanent) visa (subclass 801)?

In most cases, you'll be assessed for the permanent visa around two years after lodging your combined Partner visa application. You can check your application date in ImmiAccount.

Do I need to pay another application fee?

Generally, no. The application fee you paid for your combined Partner visa application usually covers both the temporary and permanent stages.

Can I travel while waiting for my Partner (Permanent) visa (subclass 801)?

Yes, if your current visa includes valid travel rights. Before making travel plans, check your visa conditions and travel facility in VEVO.

Can I work while waiting for my Partner (Permanent) visa (subclass 801)?

Yes. If you hold a Partner (Temporary) visa (subclass 820), you can continue living and working in Australia while your permanent visa is being assessed.

What documents are required?

You'll generally need updated evidence that your relationship is genuine and ongoing, along with any health, character or supporting documents requested by the Department of Home Affairs.

What happens if my relationship ends?

You may still be eligible for the permanent visa in certain circumstances, such as if you have a child with your former sponsoring partner, have experienced domestic or family violence, or your sponsoring partner has passed away. Notify the Department of Home Affairs through ImmiAccount as soon as possible if your circumstances change.

Can I include my children in my application?

Yes, eligible dependent children can be included in your original Partner visa application. Additional requirements and application fees may apply.

How long does the Partner (Permanent) visa (subclass 801) take?

Processing times vary, but currently 75% of applications are processed in around 12 months and 90% within 19 months.

Can I become an Australian citizen after receiving the Partner (Permanent) visa (subclass 801)?

Yes, if you meet the Australian citizenship eligibility requirements. Your permanent residency generally starts on the day your visa is granted, or the day you first enter Australia on that visa if it was granted while you were overseas.