Permanent Partner Visa Stage 2 for 801 and 100 Visas

If you’re already a Temporary Partner visa holder (subclass 820 onshore or 309 offshore) the next stage of the partner visa journey is the permanent stage. This step unlocks full Australian permanent residency and puts you on the path to citizenship.

Visa applicants who are currently in a genuine and ongoing relationship with an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen should know how this process works and when to start the second stage. Our guide explains:

• How the second-stage permanent partner visa (subclass 801 or 100) works
• What you need to be prepared
• And how you can maximise your chance of approval

What is the 2nd Stage Assessment?

What evidence do I need for a partner visa?

The second stage assessment for de facto partners and spouses is not a fresh application. Rather, it is a continuation of the combined application you lodged at the temporary stage. After two years from your first submission (unless you are eligible for an exception), you will become eligible to be considered for the permanent stage of your visa. This will include the completion of a new form and providing updated evidence that you remain in a genuine and continuing relationship. You’ll also need to re-satisfy character and health requirements. The second stage partner visa process applies to those who hold either an:

• Onshore Temporary Partner Visa Subclass 820 or
• Offshore Provisional Partner Visa Subclass 309

Permanent Partner Visa Subclass 801 or 100

In Australia, the permanent stages of the two-stage process of permanent residency are the Partner visa 100 (offshore) or Partner visa subclass 801 (onshore). They are both substantive visas that achieve the same outcome.

A successful lodgement of a permanent partner visa application form means the applicant can reside in Australia indefinitely. They could also to study, work and access Medicare, and later achieve Australian citizenship.

To be eligible for the second stage assessment, you must:

1. Be in a genuine and continuing relationship with your sponsor, and
2. Two years must have passed since the original submission of your application

An approved permanent visa means you can complete your partner visa journey by living in Australia permanently and eventually achieve citizenship.

Our Australian immigration lawyers and registered migration agents can guide you through the application process with a 99.6% chance of a successful outcome. Learn how we can help you by calling 07 3166 9100 

Book a Meeting Now

How the Two-Stage Partner Visa Process Works

The Australian Government offers a streamlined combined application system for the partner visa process. As a result, spouses or couples in a de facto relationship pay one visa application fee when applying for both a temporary and permanent visa.

The first stage of the two step process is an assessment by the Department of Home Affairs of your temporary visa application. Once this substantive visa is approved, you can live in Australia temporarily while you apply for a permanent partner visa.

Two years after submitting the combined application, you can usually begin the second stage of the assessment process. Please note that this is not a new application, rather, it is a continuation that calls for you to provide evidence that you are still in a genuine and continuing relationship with your spouse or de facto partner.

Am I Eligible for the Permanent Stage?

The main eligibility criteria for an Australian permanent partner visa is that your relationship remains genuine and continues, regardless of whether you are in a de facto relationship or married.

The visa applicant must:

• Satisfy all the visa conditions
• Meet the character requirements
• Receive sponsorship from the same partner who provided support for your temporary visa. (with rare exceptions)

To start the second stage, you sponsor must still be an Australian permanent resident, citizen or an eligible New Zealand citizen. The Department of Home Affairs requires extensive evidence and statements that prove the relationship is ongoing.

More about partner visa evidence

In general, the permanent visa assessment starts two years from the date of the first partner visa application. Which means that if you lodge the first application on the 1st October 2023, on the 1st October 2025, your would be eligible to start the permanent visa assessment.

You would then receive an invitation from the Department of Home Affairs to lodge your second-stage documents.

How to Prove a Genuine and Ongoing Relationship

The second stage application requires that you provide evidence that proves your relationship is ongoing and has grown since you became a temporary visa holder.

Timpson Immigration Lawyers are here to help you successfully pass the permanent partner visa assessment. We’ll carefully review your relationship evidence to demonstrate your mutual commitment and help you steer clear of any potential issues.

Permanent Visa Relationship Evidence

After you have an approved temporary visa, you must maintain records of your relationship so you can provide evidence when your have an assessment for a permanent partner visa.

There are four pillars of relationship evidence to achieve a permanent visa.

Proof of joint responsibility for finances includes:

• Joint bank account statements
• Evidence of shared expenses and income
• Joint utility bills that show both names
• Joint ownership of significant assets like a car or a house
• Shared credit card and loan statements

Proof of a shared living arrangement and shared domestic duties includes:

• Jointly addressed mortgage documents
• Rent or lease documents in both names
• Correspondence addressed jointly and sent to your shared dwelling
• Written statements that explain how you share home duties and chores

Proof that you are viewed as a couple, including:

• Joint photos at social events
• Joint holidays and travel
• Jointly addressed invitations to social activities
• Two statutory declarations from friends or family members that endorse your relationship. (They must be Australian citizens or permanent residents)

Proof of a lasting and exclusive relationship.

• Such evidence includes personal statements about your history together and future plans.
• Communication history, like text messages and emails, when separated
• Birth certificates for shared dependent children

Second Stage Application Process

Here is a summary of the second stage partner visa application process.

1. Generally, two years after the initial submission of the combined visa application, migrants are allowed to provide documents for a permanent partner visa.
2. Next, the Department of Home Affairs assesses these additional documents to confirm your relationship remains genuine.
3. To have a successful outcome, you must lodge honest and accurate evidence that confirms your shared life has been ongoing since being granted a temporary visa.

Any errors at this stage of the process can mean you have a denied partner visa.

Permanent Stage Document Checklist

The documents listed below are typically required for the second stage of a partner visa subclass 801 and 100 application. Our experienced Immigration Lawyers can explain the personal documents that apply to your circumstances.

1. Relationship evidence: Updated proof of your genuine and ongoing relationship since you received a temporary visa, as well as two statutory declarations and evidence you are living together.
2. Character documents: A fresh verification from the Australian Federal Police and/or a police certificate from your country of origin where you have lived for at least 12 months in the 10 years since turning 16.
3. Identity documents: Copies of your passport’s biodata page and your marriage and birth certificates.
4. Sponsorship form: Your sponsor must provide a sponsorship form proving their status as an Australian citizen, permanent resident or eligible New Zealand citizen.
5. Health Requirement: As part of the second stage assessment, you may need to have a medical examination.

Permanent Partner Visa Stage 2: Common Issues

Common barriers to a successful permanent partner visa stage 2 application include the following:

1. A break-up or other changes in your relationship or family status.
2. Fail to satisfy the health and character requirements.
3. Old, inaccurate or insufficient relationship evidence that fails to prove a genuine and ongoing relationship.
4. Not meeting the deadlines imposed by the Department of Home Affairs.

What Will Happen if You Break Up?

If you break-up, you could still be eligible for a permanent partner visa in certain circumstances, including the following:

• Your sponsor inflicted family violence on yourself or a dependent child.
• Unfortunately, your sponsor has died, but you can prove that you would still be in a relationship if they were alive, along with your close connection to Australia.
• Your spouse or de facto partner has shared custody of a dependent child.

NOTE: A relationship termination can seriously endanger a successful outcome, so please ask our migration lawyers for advice.

Prospective Marriage Visa (Subclass 300) Alternative Pathway

A Prospective Marriage visa (Subclass 300) is another pathway to a permanent partner visa and Australian citizenship. If you are engaged to marry an Australian citizen, permanent resident, or eligible New Zealand citizen you could be eligible to be granted this temporary visa while living in another country.

Before this Subclass 300 visa expires, a Prospective Marriage visa holder must:

• Come to Australia
• Get married to their partner
• Then apply for the combined temporary and permanent partner visa (Subclass 820 and 801)

The applicant is granted a Bridging Visa following a successful visa application, which means they can live in Australia while the Department completes the process.

Australian Migration Legal Advice for Offshore and Onshore Partner Visas

The experienced team at Timpson Immigration Lawyers knows how to successfully complete the partner visa stage 2 process. They can give you the best chance of winning your visa by:

• Verifying your identity documents for completeness and accuracy
• Ensuring you have the strongest relationship evidence
• Handling requests from the Department

The second stage of a permanent partner visa is the final step to gaining permanent residence in Australia. Give yourself the best chance for migration success by contacting our immigration experts now. Call 07 3166 9100 

Book a Meeting Now

Australian Partner Visa Second Stage FAQs

Australian partner visa are issued in two stages:

1. A temporary visa: subclass 820 for onshore applicants, or 309 for offshore
2. Then a permanent partner visa: subclass 801 for onshore applicants, or 100 for offshore

Most applicants must wait two years before completing the second stage, unless you have been in a long-term relationship with joint dependent children.

The approval times for partner visas can differ greatly based on the visa subclass, generally spanning from 12 to 30 months or longer.

You can apply to become an Australian citizen when you:

1. Have been an 801 visa holder for a minimum of 12 months, and
2. Have lived in Australia with a valid visa for at least four years