Subclass 820 vs 801: Temporary and Permanent Stages Explained

If you’re applying for an onshore partner visa, you’re really applying for two — the temporary 820 and the permanent 801. Here’s how each stage works, what’s different, and what to expect at each step.

1. Why there are two stages

Before we go into the differences, it helps to understand why the partner visa is split this way at all. It’s not just paperwork — there’s a deliberate purpose.

The two-stage structure lets the Department of Home Affairs assess your relationship at two different points in time. The first time, when you lodge. The second time, around two years later. This gives the Department confidence that the relationship is genuine and continuing, not just a paperwork arrangement at a single moment.

That’s why your application doesn’t end when the 820 is granted. The 820 grant is your reward for showing the relationship was genuine at the time you applied. The 801 is granted only when you can show the relationship is still genuine two years later.

2. The 820 — temporary stage explained

The subclass 820 Partner (Temporary) visa is the first stage of the onshore partner visa pathway. You must be physically inside Australia when you lodge, and you must hold a valid substantive visa or be on a non-barred bridging visa.

Once granted, the 820 lets you live in Australia indefinitely until a decision is made on your 801. It’s not a fixed-term visa with an expiry date in the way a student or working holiday visa is. It simply continues until the permanent stage is decided.

What the 820 lets you do

• Work for any employer in any role, with no limits on hours
• Access Medicare — you can enrol from the day you lodge, even before the 820 is granted
• Study — though usually at international student fees until you reach permanent residency
• Travel in and out of Australia as many times as you like, while the 820 is in effect
• Sponsor eligible family members for visiting visas

What the 820 doesn’t give you

• Permanent residency (that’s the 801)
• Eligibility to apply for Australian citizenship (PR is a prerequisite)
• Domestic student fees in most institutions
• Centrelink access in most cases (subject to waiting periods even at PR)
• The right to sponsor others for permanent visas

For most people, day-to-day life on a 820 looks no different from life on permanent residency. You work normally. You go to the doctor on Medicare. You travel. You build a life. The differences only become visible at the edges — when you want to vote, take a domestic uni place, or formally apply for citizenship.

820 processing time in 2026

Home Affairs publishes processing times monthly. As of 2026:

“Decision-ready” applications — those lodged with all evidence, health checks, and police clearances complete from day one — typically sit at the faster end of this range. Applications that trigger a Section 56 request for further information sit at the slower end.

Source: Department of Home Affairs — Visa processing times (updated monthly)

3. The 801 — permanent stage explained

The subclass 801 Partner (Permanent) visa is the second stage. It grants you Australian permanent residency.

The crucial thing to understand: you don’t lodge a new application for the 801. You don’t pay a new fee. The 801 was already part of your original combined application. What happens at the 801 stage is that Home Affairs re-assesses your relationship based on updated evidence you provide.

The 801 typically becomes eligible for assessment around two years after your original 820/801 lodgement date. Importantly, that’s two years from when you lodged, not two years from when your 820 was granted. So if your 820 took 18 months to grant, the 801 becomes assessable just 6 months later.

What the 801 gives you

• Permanent residency — the right to live in Australia indefinitely
• Pathway to citizenship — generally after 4 years of residence including 12 months as a PR
• Domestic student fees at universities and TAFE
• Centrelink access after the relevant waiting periods
• HECS-HELP for tertiary study
• Sponsor others for permanent visas (parents, children, future partners — subject to limits)
• 5-year initial travel facility — you can leave and return to Australia for 5 years before you’d need a Resident Return Visa

801 processing time

The 801 stage is generally faster than the 820 because Home Affairs has already established the relationship was genuine at the start. Most 801 decisions are made within 6–18 months of becoming eligible.

4. 820 vs 801 side by side

The simplest way to see the difference:

5. The full timeline from lodgement to PR

Here’s what the journey actually looks like for a typical onshore applicant in 2026:

The full lodgement-to-PR journey usually takes 3 to 4 years. Faster for couples with strong evidence and uncomplicated histories. Slower if a Section 56 request is issued, if there are health or character flags, or if the relationship breaks down at any point.

6. What you can do while waiting

The wait is long. You’ll spend roughly 2 years on a Bridging Visa A before the 820 is granted, then another year or more on the 820 before the 801 is decided. Here’s what to do during that time.

Build your relationship evidence continuously

The single biggest mistake people make is treating the 801 stage as a formality. It’s not. Home Affairs wants fresh evidence at the 801 stage — not the same documents you already submitted. Keep building evidence across all four pillars throughout the waiting period:

• Financial: Open joint accounts if you haven’t. Add each other to bills. Update super beneficiaries.
• Household: Keep your tenancy or mortgage current with both names. Save utility bills.
• Social: Take photos at gatherings, holidays, family events. Save invitations addressed to both of you.
• Commitment: Update wills, life insurance beneficiaries. Make joint future plans.

Travel — but only with a Bridging Visa B

If you’re on a Bridging Visa A waiting for the 820, you cannot leave Australia on the BVA. You must apply for a Bridging Visa B before you leave. Once the 820 is granted, you can travel freely until the 801 is decided.

Notify Home Affairs of any changes

New address. New job. Marriage (if you lodged as de facto). A new baby. A change in your sponsor’s employment. All of these need to be reported through ImmiAccount. Failing to disclose changes is one of the most common avoidable reasons for refusal.

7. Evidence at the 801 stage — what’s different

The 801 stage isn’t a re-test of your relationship from scratch. Home Affairs already accepted that your relationship was genuine at the start — that’s why they granted the 820. What they want to see at the 801 stage is that the relationship has continued and developed.

The key word is continuing. New documents only. Recent photos. Updated joint accounts. A current lease. The most common error is to resubmit the same evidence package from the 820 stage, slightly updated. Home Affairs will see this and may issue a Section 56 request — adding months to the wait.

What Home Affairs typically asks for at the 801 stage:

• Updated joint financial documents (bank statements from the last 12 months, joint super or insurance, joint tax records)
• Recent household evidence (current lease, utility bills from the last 6 months)
• Photos and social proof from the post-820 period
• One or two new Form 888 statutory declarations from witnesses who can speak to the period since the 820 grant
• Updated relationship statements from both parties

For a complete breakdown of what evidence works and what doesn’t, see our complete partner visa guide — section 9 covers evidence in detail.

8. The “double grant” exception

Most applicants will get the 820 first, wait two years, and then get the 801. But there’s an exception worth knowing about.

If, at the time your case is being decided, you can show:

• You’ve been in your relationship for 3 years or more, OR
• You’ve been in your relationship for 2 years or more AND have a child together

…Home Affairs may grant the 820 and 801 simultaneously. This is sometimes called a “double grant” or “long-term relationship” exception.

This typically happens in two situations:

1. Long-term couples lodging late. A couple who has been together for 5+ years before lodging may receive both visas at once on the first decision.
2. Couples whose 820 takes longer than 2 years. If your 820 hasn’t been decided by the time the 2-year mark passes from your lodgement date, Home Affairs may grant both stages together at the next assessment.

9. What can go wrong between stages

The 820 grant isn’t the finish line — it’s the halfway point. Several things can derail your application between the 820 and the 801.

The relationship breaks down

If you and your sponsor separate before the 801 is granted, the application doesn’t automatically end. There are limited pathways that may allow you to continue:

• Family violence provisions — if you’ve experienced family violence from your sponsor, you may continue under these provisions even after separation
• Shared-child pathway — if you have a child with your sponsor
• Death of sponsor — if your sponsor has passed away

If none of these apply and the relationship has genuinely ended, you’ll usually need to withdraw the application. We cover this in detail in our family violence pillar and the relationship breakdown guide.

You don’t update Home Affairs about changes

Address changes, employment changes, marriage, the birth of a child, character matters arising — all need to be notified. Failing to do so can be treated as withholding information and trigger a Public Interest Criterion 4020 issue (misleading information), which can lead to refusal at the 801 stage.

The relationship evidence weakens

Couples who don’t keep building evidence during the 820 phase struggle at the 801 stage. If your only joint document from the post-820 period is a lease that ended six months ago, Home Affairs may question whether the relationship is still genuine and continuing.

A character or health issue arises

A new criminal charge during the 820 period, or a health condition that develops, can affect your 801 outcome. Disclose immediately and seek advice — issues caught early can usually be addressed; issues hidden often can’t.

10. Frequently asked questions

Do I have to apply for the 801 separately?

No. The 801 was already part of your original 820/801 application. You don’t lodge again or pay again. Around two years after your original lodgement date, Home Affairs will contact you through ImmiAccount asking for updated evidence to assess the 801.

When does the 2-year clock start — at lodgement or at 820 grant?

At lodgement. The 2-year window for 801 eligibility is calculated from the date you lodged the original 820/801 application — not the date the 820 was granted. So if your 820 took 18 months to grant, the 801 becomes assessable just 6 months after grant.

What happens if my 820 takes longer than 2 years?

If your 820 hasn’t been decided by the 2-year mark, Home Affairs may simply assess both stages together at the next decision point — granting you the 820 and 801 simultaneously (a “double grant”). This is one of the silver linings of long processing times.

Can I travel overseas while on the 820?

Yes. The 820 is a multiple-entry visa, so once it’s granted you can leave and return as many times as you like while it remains in effect. Just check your visa’s travel facility dates before departing. (Note: while on the Bridging Visa A waiting for the 820, you need a Bridging Visa B to travel — see our bridging visa guide.)

Do I have to pay another fee at the 801 stage?

No. The single $9,365 base charge you paid at lodgement covers both stages. There is sometimes a “second instalment” for specific applicants (typically those without functional English at the 801 stage), but the base application charge is one-time.

What if my relationship ends after the 820 but before the 801?

It depends on why it ended. If it ended due to family violence, you may continue under the family violence provisions. If you have a child with your sponsor, the shared-child pathway may apply. If your sponsor has died, the deceased-sponsor pathway may apply. If none of these apply, you’ll generally need to withdraw the application or face refusal at the 801 stage.

Can my 801 be refused if my 820 was granted?

Yes. A 820 grant is not a guarantee of an 801 grant. The 801 is a fresh assessment of whether your relationship is still genuine and continuing. Common reasons for 801 refusal: relationship has ended, evidence is too thin, character or health issues have arisen, or material change of circumstances wasn’t disclosed.

When can I apply for citizenship after the 801?

Generally, you need 4 years of lawful residence in Australia, including at least 12 months as a permanent resident, before applying for citizenship by conferral. Time spent on a 820 counts toward the 4-year residence test, but you must be a PR for the final 12 months. The Department’s residency requirements are strict — verify your specific situation before applying.

Is there an English language requirement at the 801 stage?

There is no English requirement for the 820. For the 801 stage, Home Affairs encourages “functional English.” If you don’t have functional English, you may pay the second instalment fee, or you can demonstrate functional English through evidence of education, employment, or completing 510 hours of free English language tuition through the Adult Migrant English Program.

Can I work between the 820 and the 801?

Yes. The 820 includes full work rights with no restrictions. You can work for any employer in any role, change jobs freely, or be self-employed. The 801 doesn’t change your work rights — it just makes them permanent.

This article provides general information only and is current as of [Month Year]. It does not constitute personal migration advice. Australian migration law changes frequently — verify current requirements at immi.homeaffairs.gov.au. For advice on your specific situation, take our quiz or contact Sam at Millennium Migration directly.