What Happens Two Years After You Apply for an Australian Partner Visa?

Subclass 801/100 Explained

Reaching the two-year point after lodging an Australian Partner visa application is an important milestone. For many applicants, this is when they become eligible for consideration for the permanent stage of their Partner visa – subclass 801 or subclass 100.

However, permanent residency is not automatically granted when the two-year anniversary arrives. Applicants generally need to provide updated information and evidence so that the Department of Home Affairs can assess whether they continue to meet the requirements for the permanent Partner visa.

Understanding how the second stage works – and preparing for it in advance – can make the process considerably easier.

The Two-Stage Partner Visa Process

Australian Partner visas generally operate through a two-stage process.

When you lodge a Partner visa application, you are applying for both the temporary/provisional and permanent stages:

• Subclass 820 / 801 – for the onshore Partner visa pathway
• Subclass 309 / 100 – for the offshore Partner visa pathway

The subclass 820 or 309 is generally considered first. If granted, it allows you to remain on the Partner visa pathway while waiting to become eligible for assessment for permanent residence.

For most applicants, eligibility for permanent-stage assessment arises two years after the date the original Partner visa application was lodged.

Importantly, the two-year period is calculated from the application date, rather than the date the temporary or provisional Partner visa was granted.

For example, if you lodged your Partner visa application on 1 March 2024, you would generally become eligible for permanent-stage assessment around 1 March 2026, even if your subclass 820 or 309 visa was granted sometime after the original application.

What Does the Department Look at for the 801 or 100 Visa?

At the permanent stage, the Department will consider whether you continue to meet the requirements for the permanent Partner visa.

A central consideration is whether your relationship with your sponsoring partner remains genuine and continuing.

Applicants should therefore be prepared to provide updated evidence showing how their relationship has continued since the original Partner visa application.

Relationship evidence may include the following areas.

Financial Aspects of the Relationship

This may include:

• joint bank accounts and transactions;
• shared household expenses;
• joint loans or liabilities;
• jointly owned assets;
• insurance policies;
• evidence of financial support between partners.

Nature of the Household

Evidence may include:

• joint tenancy agreements or property ownership;
• utility bills;
• correspondence addressed to both partners at the same address;
• evidence showing how household responsibilities are shared.

Social Aspects of the Relationship

This could include:

• photographs together;
• joint travel and holidays;
• invitations;
• events attended together;
• evidence of relationships with each other's family and friends;
• updated statements or declarations from people who know you as a couple.

Nature of Your Commitment to Each Other

Evidence may include:

• evidence of your future plans;
• wills;
• superannuation or insurance nominations;
• major decisions made together;
• evidence demonstrating the length and development of the relationship;
• evidence showing your ongoing commitment to a shared life.

Rather than trying to recreate two years of evidence shortly before the permanent stage, it is sensible to continue collecting relationship evidence naturally throughout the period following the original application. For a detailed breakdown of the kinds of documents couples typically provide, see our Australian Partner visa evidence checklist.

Do You Need to Wait for the Department to Contact You?

No.

You do not necessarily need to wait for the Department of Home Affairs to contact you before preparing the permanent stage.

Once two years have passed since the original Partner visa application was lodged, eligible subclass 820 and subclass 309 visa holders can provide the information required for assessment of the permanent Partner visa.

This is completed through ImmiAccount.

Applicants can generally commence the process by selecting:

New Application → Family → Stage 2 – Permanent Partner Visa Assessment (100, 801)

The permanent-stage application is then connected with the original Partner visa application.

For this reason, it is worthwhile recording your two-year eligibility date and beginning to organise updated evidence before that date arrives.

Will I Need New Police Checks or Medical Examinations?

The Department may require updated character information or other documents when assessing the permanent Partner visa.

Depending on your individual circumstances, this may include updated police certificates.

Further health information or examinations may also be requested where required.

However, applicants should not assume that every document or health examination completed during the temporary stage automatically needs to be repeated. Requirements can vary according to individual circumstances and the information already held by the Department.

You should therefore check the requirements applying to your particular application and any requests appearing in your ImmiAccount.

What About the Sponsor?

The Department may also require updated information relating to the sponsoring partner and the continuing relationship.

It is therefore important that both the applicant and sponsor continue to keep relevant records and notify the Department of significant changes in circumstances where required.

How Long Does the Permanent Partner Visa Take?

Processing times for subclass 801 and subclass 100 visas can vary considerably and can change over time.

Rather than relying on a fixed processing estimate, applicants should check the Department of Home Affairs' current Visa Processing Time Guide.

An important point that often causes confusion is that, for permanent Partner visa processing, the relevant processing period is calculated from the date the applicant becomes eligible for permanent-stage assessment – generally two years after the original Partner visa application was lodged.

What Happens While the 801 or 100 Is Being Processed?

Applicants generally continue to hold their subclass 820 or subclass 309 Partner visa while the permanent stage is being assessed.

Visa holders should always check VEVO for their current visa status and applicable conditions, particularly before travelling or making significant changes to their immigration arrangements.

Be Careful Before Applying for Another Visa

This is particularly important.

If you hold a subclass 820 or 309 visa and are waiting for your permanent Partner visa, you should obtain advice before applying for another substantive Australian visa.

The permanent-stage pathway is connected to your existing temporary/provisional Partner visa. Being granted another visa may affect your eligibility for the corresponding subclass 801 or subclass 100 permanent Partner visa.

If your circumstances change while you are waiting, it is therefore sensible to obtain advice before lodging another visa application.

What If Your Relationship Has Ended?

A relationship ending does not necessarily mean that the permanent Partner visa application must end.

However, you must notify the Department if there has been a relevant change in your relationship circumstances.

There are circumstances in which a Partner visa application may potentially continue despite the relationship having ended. These can include situations involving:

• family or domestic violence;
• the death of the sponsoring partner; or
• certain circumstances where the applicant and sponsor have a child of the relationship and parental responsibility or access arrangements continue.

These cases can involve complex legal and evidentiary requirements, so obtaining professional advice as early as possible is strongly recommended.

Are There Exceptions to the Two-Year Wait?

Yes.

Not every Partner visa applicant necessarily has to wait two years for the permanent stage to be considered.

In certain circumstances, including some applicants who were already in a long-term relationship with their partner at the relevant time, the permanent Partner visa may be considered earlier.

Whether these provisions apply depends on the circumstances of the relationship and the relevant legislative requirements.

If you believe you may qualify for earlier permanent-stage consideration, it is worth obtaining advice rather than simply waiting for the two-year anniversary.

Preparing for the Permanent Stage

The permanent stage is an important part of the Australian Partner visa process, but good preparation can make it considerably more straightforward.

One of the most useful things couples can do is continue collecting evidence throughout the first two years, rather than waiting until the permanent-stage eligibility date approaches.

Keep records of your shared financial arrangements, household, travel, major life events and other evidence showing the continuing nature of your relationship.

When the two-year date approaches, these documents can then be organised into a clear and up-to-date evidence portfolio for the Department.

Ready to Prepare Your Subclass 801 or 100 Partner Visa?

If your two-year Partner visa eligibility date is approaching – or has already passed – our MARA-registered migration agents can assist you with preparing the permanent stage of your application.

We can review your circumstances, identify any gaps in your relationship evidence and assist with preparing and submitting your subclass 801 or subclass 100 permanent Partner visa assessment.

For personalised assistance, please contact:

Timea Pocze-Graf
Taylor Hampton Solicitors
Email: Timea.Poczegraf@taylorhampton.co.uk
Phone: +44 20 7427 5290

Disclaimer

This article provides general information only and does not constitute legal or migration advice. Australian migration law and policy are subject to change, and the requirements applying to an individual application will depend on the applicant's particular circumstances. Professional advice should be obtained where appropriate.