The path to Australian permanent residency with your partner has a final, crucial step after the temporary visa is granted. If you currently hold a Subclass 820 (onshore) or Subclass 309 (offshore) Partner visa, you will need to complete the second stage of the process to be granted a permanent Partner visa. This is either the Subclass 801 for those in Australia or the Subclass 100 for those who applied from overseas.
This second assessment is designed to confirm you are still in a genuine and continuing relationship with your Australian citizen, permanent resident, or eligible New Zealand citizen partner. This guide explains everything you need to know to confidently prepare for your permanent Partner visa.
What Are the Permanent Partner Visas (Subclass 801 & 100)?
The 801 Partner visa (onshore) and 100 Partner visa (offshore) are the permanent visas that follow the temporary ones. They both provide the same rights, allowing you to:
- Live in Australia indefinitely.
- Work and study without restrictions.
- Access Australia's public healthcare system, Medicare.
- Take the final step and apply for Australian citizenship when you become eligible.
To qualify, you generally need to have held your temporary partner visa for two years and, most importantly, still be in a committed and ongoing relationship with your sponsoring partner.
When Can You Apply for the Permanent Stage? (The 2-Year Rule)
For most people, the assessment for the permanent visa happens two years after the date you first lodged your combined partner visa application. For instance, if your initial application was submitted on 1 October 2023, you will likely be eligible for the second stage assessment on 1 October 2025.
Around this two-year mark, the Department of Home Affairs will usually contact you by email, inviting you to submit your documents for the final stage.
Feeling ready to start preparing? Chat with an agent at Australian Migration Agents to create a clear timeline.
The Heart of Your Application: Proving Your Ongoing Relationship
The main goal of the second stage is to show the Department that your relationship has continued and grown since your temporary visa was granted. You need to provide solid evidence that you and your partner share a mutual commitment and are building a life together, to the exclusion of all others.
Tip: Don't wait for the Department's invitation to start gathering your evidence! Keep a shared folder (digital or physical) where you and your partner can add documents throughout the two-year period.
The Four Pillars of Evidence
Your proof should cover four key aspects of your life as a couple:
- Financial Aspects: Show how you manage your finances together. This can include joint bank account statements, bills in both names, proof of any shared assets like a home or car, and joint loans.
- The Nature of Your Household: Provide evidence that you live together and share domestic life. This can be a joint lease or mortgage, mail addressed to both of you at the same address, and statements from each of you explaining how you divide chores and household responsibilities.
- Social Matters: Demonstrate that you are known as a couple in your community. You can use photos from social events, proof of travel together, and joint invitations. You will also need two statutory declarations from Australian friends or family who can vouch for your relationship.
- The Nature of Your Commitment: This shows your long-term plans. Evidence includes personal statements about your journey as a couple and your future goals, communication records for any time spent apart, and birth certificates for any children you have together.
Your Stage 2 Document Checklist
While every case is different, here is a general list of documents you will likely need for the 801 and 100 visa assessments:
- Identity Documents: A copy of the photo page of your current passport and your birth certificate.
- Relationship Evidence: Updated proof covering the four pillars mentioned above, focusing on the time since your temporary visa was granted. This includes finances, proof of cohabitation, photos, and two new statutory declarations.
- Character Documents: A new Australian Federal Police (AFP) check is required. You may also need new police clearances from any other country where you have lived for 12 months or more in the last 10 years.
- Sponsor Information: Your partner will need to complete a sponsorship form and provide proof of their Australian status.
- Health Checks: In some cases, you may be asked to complete another health examination.
Tip: The two statutory declarations from friends or family are very important. Choose people who know you both well and can speak genuinely about your relationship.
What if Your Relationship Has Ended? (Special Circumstances)
In some very specific and difficult situations, you might still be eligible for the permanent partner visa even if your relationship has ended. These circumstances include:
- If your sponsoring partner has passed away.
- If you or your child have experienced family violence from your sponsor.
- If you and your sponsor have a child together, and you share custody.
These are very complex cases, and it is vital to get professional migration guidance to understand your options.
If your circumstances have changed, it's crucial to understand your options. Book a confidential consultation with Australian Migration Agents to discuss your situation.
Understanding the Application Process from Start to Finish
When you first apply for a Partner visa (either the 820/801 or 309/100), you are actually applying for both the temporary and permanent visas in one combined application with a single fee. The Department assesses your application in two stages.
The first stage is for the temporary visa (820 or 309). Once this is granted, you can live in Australia while waiting for the second stage. Two years after your initial application, the Department begins the second stage assessment for the permanent visa (801 or 100), which is when you provide all the updated evidence.
Common Mistakes to Avoid
Some common issues that can cause delays or problems with your permanent partner visa application include:
- Not providing enough consistent evidence of your shared life.
- Forgetting to update the Department about changes, like a new address or passport.
- Failing to respond to a request for more information from the Department within the deadline.
- New character or health issues arising.
A Note on the Prospective Marriage Visa (Subclass 300) Pathway
Another way to reach a permanent partner visa is via the Prospective Marriage visa (Subclass 300). This is for people outside Australia who plan to marry their Australian partner. After the 300 visa is granted, the holder must come to Australia, get married, and then apply for the onshore partner visa (Subclass 820 and 801) before their 300 visa expires.
How Our Migration Agents Can Support You
Our team of registered migration agents at Australian Migration Agents provides dedicated support for Stage 2 of the Partner visa journey. We can help you and your partner gather strong relationship evidence, respond effectively to any government requests, and prepare a clear application to support a smooth process.
The permanent partner visa is a major milestone in building your future in Australia. While the second stage requirements can feel overwhelming, you do not have to figure it all out alone. Contact Australian Migration Agents today for a consultation to ensure your final step to permanent residence is secure and professionally supported.
.png)