Permanent Partner Visa Subclass 801

Yes - the partner visa subclass 801 grants permanent residency, and permanent residency is one of the requirements for Australian citizenship. To be eligible to apply, you generally need to have been a permanent resident for at least one year and have lived in Australia on a valid visa for at least four years before applying, including one year as a permanent resident. Your Matilda immigration lawyer can advise on your specific citizenship timeline once your 801 is granted.

If your relationship ends after your 820 was granted but before your 801 is assessed, your application will generally not succeed. The 801 requires that your relationship is genuine and continuing at the time of assessment. There are limited exceptions – for example, if your Australian partner has died or has subjected you to domestic violence. If your circumstances have changed, speak to Matilda's immigration lawyers before the Department contacts you. Getting advice early makes a material difference to your options.

The Subclass 801 is a permanent visa with no ongoing conditions attached to your relationship status. Once granted, you are a permanent resident of Australia and can remain here indefinitely regardless of what happens to your relationship. The 801 also carries no restriction on work or study. You will need to meet standard travel requirements – the 801 includes a five-year travel facility from the date of grant, after which you will need a Resident Return Visa or Australian citizenship to re-enter Australia.

There is no fixed processing time for the 801 assessment. The Department generally invites applicants to be assessed for the permanent 801 around two years after the 820 was lodged, but this varies depending on the Department's caseload and your individual circumstances. Applicants in long-term relationships or with children may be assessed sooner. Matilda's immigration lawyers will advise you on the expected timeline for your specific case and let you know when to expect contact from the Department.

Yes - once you have been granted the permanent Subclass 801, you can travel freely. While you are still on the temporary Subclass 820 and waiting for the 801 assessment, your travel rights are governed by your 820 conditions. If you have a Bridging Visa A (because your 820 was lodged while you were on another visa), you will need a Bridging Visa B to travel and re-enter Australia. Speak to Matilda before booking any travel while your application is in progress.

The Department will invite you to provide updated evidence that your relationship is genuine and continuing. This typically covers the same four categories as your original 820 application - financial (updated joint accounts, shared bills), household (current address evidence, utility bills), social (recent photographs, updated statutory declarations), and commitment (updated relationship statements from both partners). The key difference from your original application is that the Department is assessing your relationship as it stands now, not at the time you lodged. Matilda's immigration lawyers will build your updated evidence package and advise on anything that has changed in your circumstances.

An 801 refusal can be reviewed at the Administrative Review Tribunal if you apply within the time limit specified in your refusal notice – generally 21 days. The pathway forward depends on the reason for the refusal and your current circumstances. Contact us as soon as you receive a refusal notice – the review deadline is firm.