The 801 visa is the final stage in the onshore partner visa application process. Most people will be eligible to have their subclass 801 visa granted two years after lodging their joint onshore partner visa (820/801) application. Keep reading for eligibility requirements, frequently asked questions, and how the PAX team can help.
Published 24 November 2025
Written by Con Paxinos (MARN 1460971), owner and director of PAX Migration
Con is a leading expert in the migration industry with 11 years of experience and is the former Vice President and South Australian State President of the Migration Institute of Australia and Chair of the Migration Institute Temporary Visa Program Advisory Panel. Together with his team of experts at PAX Migration, Con has been awarded the Leading Adviser Award (2022), the ThreeBestRated® Award (2020–2025) and the Fellow of the Migration Institute of Australia, an award bestowed on those practitioners who have made significant contributions to the migration profession, recognising their contributions to the Institute, profession and society generally, and their good standing and ethics.
Explore the 801 partner visa expert guide
About the 801 partner visa
- The 801 visa is a permanent partner visa that typically follows after the 820 temporary partner visa, allowing permanent residency, access to Medicare, and the ability to live, work, and study in Australia.
- You can be considered for an 801 partner visa two years after submitting your joint 820/801 visa application
- You may be eligible to have your 801 visa granted immediately if you’re able to prove that you and your partner have been in a long term relationship for at least three years (or two years if you have a dependent child other than a step-child)
- Your partner must act as a sponsor on your visa application
Feeling overwhelmed? We’re here to help.
Our expert team will be at your side at every stage of your 801 partner visa journey, from understanding eligibility requirements and gathering evidence to submitting your application.
Who is the 801 partner visa for?
The 801 partner visa is for married or de-facto partners of Australian citizens or permanent residents, or eligible New Zealand citizens, who want to live in Australia permanently. Most applicants are eligible to have their subclass 801 visa application (the second stage) processed two years from the date they applied for the joint partner visa (the temporary subclass 820 visa is usually granted first).
If you’ve been in a long-term relationship for the required time period, you may be eligible to bypass the temporary visa and apply to have the 801 visa granted immediately.
Not sure if you meet the requirements of the 801 partner visa?
Our partner visa assessment tool has helped thousands of people evaluate if they meet the 801 visa grant requirements.
Is your relationship eligible for an 801 visa?
You’ll need to either be married or in a de-facto relationship with your Australian partner for your relationship to be considered eligible for an 801 partner visa. You’ll also need to meet the following requirements:
- You and your partner have a mutual commitment to a shared life to the exclusion of all others
- Your relationship is genuine and continuing
- You either live together or you do not live separately on a permanent basis
If married, you must also make sure that:
- Your marriage is legally valid in Australia
If de-facto, you must prove that:
- You are not related by family
If you’re moving from a temporary partner visa (820) to a permanent partner visa (801), you must show that you continue to meet these requirements two years after lodging your joint 820/801 visa application.
“We’ve helped over 500 clients with their partner visa applications, and in our experience, the number one thing you can do to speed up your processing time is supply as much relationship evidence as possible. Also, make sure that you meet all the criteria before you apply because another visa type might be better for you.”
The 801 visa application process
Applying for an 801 permanent partner visa is a two-step process:
First, you’ll need to submit a joint 820/801 visa application via your ImmiAccount. Both the temporary and permanent partner visas are covered by one fee. Costs for the joint visa application begin at $9,365 for the main applicant and $2,345 – $4,685 for additional applicants.
“You might face additional costs for your 801 visa application, including health checks, document translation fees for documents not in English, and legal advice.”
You’ll be assessed for the subclass 820 temporary visa first, and if it’s granted, you’ll be able to stay in Australia while your subclass 801 visa application is processed. As an 820/801 partner visa holder, you’re entitled to enrol in Medicare, work and study in Australia.
After two years have passed from lodging your 820/801 visa application, you’ll need to provide additional evidence to Immigration to show that you still meet the 801 partner visa grant requirements. If your application is successful, you’ll be granted a permanent residency partner visa.
Working with a migration agent? At PAX Migration, our agents will lodge your application and additional evidence on your behalf and monitor your application status for updates.
Your 801 visa second stage evidence checklist
Follow our checklist below to make sure you’re on track when it’s time for your permanent partner visa application to be assessed:
- Continue gathering relationship evidence documents for the two-year period after lodging your joint 820/801 visa application. Make sure these cover the four categories of relationship aspects: financial, social, household and nature of commitment.
- After the two-year period, complete and submit a Stage 2 – Permanent Partner Visa Assessment form on your ImmiAccount along with your additional relationship evidence documents.
- Wait for a decision from the Department of Home Affairs on your permanent partner visa application.
801 partner visa: Frequently Asked Questions
The average 801 visa processing time is up to 18 months.
“Processing times can be faster if your visa application is decision-ready: for your 801 partner visa this means you’ve got your additional partner visa evidence ready to submit as soon as the two years have passed. PAX Migration can help make sure you have all the information you need, correctly assembled and submitted on time for a quicker, smoother process.”
After the 801 visa is granted, you can stay in Australia permanently. You’ll have a travel facility valid for 5 years, which means you can come and go as you please for the first 5 years – after that time is up you’ll need to apply for a resident return visa, a different permanent visa or Australian citizenship.
If you’d like to turn your 801 visa into citizenship, you’ll need to apply for an Australian citizenship separately after holding your 801 permanent visa for at least one year. To do this, you’ll need to have spent at least 4 years in total living in Australia.
Yes, the 801 visa allows the holder permanent residency in Australia.
If your relationship has broken down while your 820/801 visa application is being processed, you might still be able to be assessed for permanent residency without your Australian sponsoring partner, for example in the instance of family violence. Similarly, if your Australian sponsoring partner has passed away, you may still be eligible for the 801 permanent partner visa.
If you’ve experienced a change in your circumstances and aren’t sure if you’re still eligible for a permanent partner visa, speak to the PAX Migration team for a confidential consultation. We’ll work with you to develop a clear plan for your future in Australia.
Yes, a permanent partner visa can be cancelled if the visa holder or their sponsoring partner don’t meet the visa requirements. This might include failing the Australian health and character test, providing inaccurate information or a relationship breakdown. If your 801 visa is cancelled, you might be able to appeal the decision – but strict deadlines and eligibility requirements apply.
“Common reasons that we’ve seen for 801 visa refusals and cancellations include insufficient evidence, failing to meet health and character requirements, and providing false or inaccurate information on an application. We help our clients avoid these pitfalls by helping them understand their visa requirements and collect thorough evidence with their initial application, and recover from setbacks by finding valid reasons to appeal refusals with the Administrative Refusal Tribunal and turn refusals into positive results.”
Book a consultation with the PAX Law team for professional legal advice and to find out more about appealing your cancellation.
Not sure where to start? Let’s talk.
At PAX Migration, we’re experts in all things migration and we’ll be by your side at every stage of your 801 partner visa journey, from understanding eligibility requirements and gathering evidence to submitting your application.
About the author
Con Paxinos is a dedicated immigration expert who has helped over 200 clients with their partner visa applications.
Con holds a Bachelor of Laws and Graduate Certificate in Migration Law, a Bachelor of Commerce and is a member of the Chartered Accountants Australia New Zealand. A recognised leader in the immigration advice industry, he’s served on the board of the Migration Institute of Australia and advisory panels to educate and improve Australia’s immigration system, including the Migration Institute Temporary Visa Program Advisory Panel (2024), the South Australian Ministerial Advisory Council for the Minister for Innovation and Skills (2020 – 2022) and is a current member of the South Australian State MIA Committee (2023 – 2025). He’s provided testimony to the Commonwealth Joint Standing Committee on Migration on four occasions (2019 – 2023) and presented at dozens of seminars and conferences on visas and migration. Con works closely with state and federal governments as well as senior officials within the Department of Home Affairs and other stakeholders in the Australian immigration ecosystem to advocate for improved policy outcomes.