Subclass 801 Partner Visa (Permanent)
The Subclass 801 Partner Visa is the permanent residence stage of the onshore partner visa pathway. It is granted to a Subclass 820 holder whose relationship with the sponsor remains genuine and continuing at the time of assessment. The Subclass 801 is assessed approximately two years after the combined Subclass 820 and 801 application was lodged. The visa grants indefinite stay in Australia, full work rights, Medicare, and eligibility to apply for Australian citizenship once the residency requirement is met.
Key facts
Visa Type
Permanent residence
Application charge
Included in $9,365 combined fee
Assessment timing
Approximately 2 years after lodgement
Preceding visa
Subclass 820 temporary
Who qualifies for the Subclass 801
The Subclass 801 is available to applicants who lodged a combined Subclass 820 and 801 application, were granted the Subclass 820, and continue to satisfy the Department of Home Affairs that the relationship with the sponsor remains genuine and continuing at the permanent stage. The sponsor must continue to sponsor the applicant at the permanent stage. The applicant must continue to meet health and character requirements.
Dependent children included in the combined application are assessed alongside the primary applicant at the Subclass 801 stage. Dependent children who were born during the two-year period may be added to the application before the permanent stage is decided.
The two-year rule and direct grant
The standard Subclass 801 pathway involves a two-year wait from the date the combined application was lodged. During the wait, the applicant holds the Subclass 820 substantive visa, with full work rights and Medicare access. The Department reassesses the four relationship aspects at the permanent stage based on updated evidence covering the two-year period.
Long-term relationships may be granted the Subclass 801 at the same time as the Subclass 820. Direct grant is available where the relationship has existed for three years or more at the time of lodgement, or for two years or more where the couple has a dependent child. The case for direct grant should be made clearly in the combined application, supported by dated evidence covering the full relationship period.
Evidence at the permanent stage
The Subclass 801 stage focuses on whether the relationship has remained genuine and continuing since the Subclass 820 was granted. Evidence should cover the two-year period and demonstrate continued existence of the relationship across the four assessment aspects.
Financial aspects
Recent joint bank account statements, shared liabilities, joint ownership of assets acquired during the temporary stage, and evidence of ongoing financial interdependence. A pattern of joint financial activity over the two-year period carries more weight than isolated documents from the time of lodgement.
Nature of the household
Current lease agreements or property titles, ongoing utility accounts, mail addressed jointly over the two-year period, and statements describing the current shared household. Any periods of separation during the two years must be explained and supported with evidence of continued communication and joint planning.
Social aspects
Updated Form 888 statutory declarations from witnesses with current knowledge of the relationship, recent photographs across a range of settings, and evidence of continued social recognition by family and the wider community. Declarations filed at the temporary stage are not sufficient on their own.
Commitment to a shared life
Evidence of the ongoing commitment, including joint future planning, any major life decisions made together during the two years, and documentation of mutual support. Where applicable, updated wills, joint superannuation beneficiary nominations, and shared medical decision-making documents.
Benefits of Subclass 801 permanent residence
The Subclass 801 grants the same rights and entitlements as any other Australian permanent residence visa. Holders can remain in Australia indefinitely, travel in and out of Australia for the five-year travel facility (renewable through a Resident Return Visa), access Medicare without limitation, work in any occupation without restriction, access government-subsidised education, sponsor eligible family members for migration, and apply for Australian citizenship once the residency requirement is met.
The four-year citizenship residency period is counted from first lawful entry to Australia, not from the date of Subclass 801 grant. Most Subclass 801 holders have already accumulated several years of lawful residence by the time the permanent visa is granted. The applicant must hold permanent residence for at least the 12 months immediately before applying for citizenship.
Continuing pathways if the relationship ends
The Subclass 801 application can continue in limited circumstances where the relationship has ended before a decision is made. These include family violence committed by the sponsor, the death of the sponsor, and shared parental responsibility for a child of the relationship. Each situation is assessed on its facts, and documentary evidence of the qualifying circumstance is required.
Applicants in these situations should seek legal advice before taking any step that could prejudice the application, including before notifying the Department of a change in relationship status. Early advice preserves options and ensures that protective provisions are engaged correctly.
Related pathways
The Subclass 801 completes the onshore partner visa pathway. The offshore equivalent is the Subclass 100, assessed after the Subclass 309. Partner visa subclasses are set out in full on the Partner Visa Subclasses hub page.
Subclass 801 advice from experienced partner visa lawyers
The permanent stage is an opportunity to fail as well as an opportunity to succeed. Applicants who submit minimal updated evidence, who allow relationship gaps to go unexplained, or who miss signals of evolving departmental scrutiny can face a refusal at the final step. Visa Plan Lawyers prepares Subclass 801 submissions that address the permanent stage assessment with precision and that anticipate and respond to the concerns the Department is known to raise.