Do you know how long it takes to get the 801 visa after the 820 visa? This is a common question for those applying for partner visas in Australia. If you’re planning to settle in Australia with your partner, the Partner Visa pathway offers a clear route. It begins with the temporary Partner Visa (subclass 820), which allows you to stay in Australia while you progress towards permanent residency through the Partner Visa (subclass 801). The 801 visa is a permanent visa that grants you the opportunity to build a stable future in Australia alongside your partner.
In this blog, we’ll walk you through everything you need to know about the 801 visa processing time after being granted the 820 visa, and what you can expect during the waiting period.
Please Note: This article serves as a general guide to help you understand the topic, with information accurate as of the publication date. We recommend consulting a registered migration agent or The Department of Home Affairs for precise, up-to-date guidance tailored to your specific circumstances.
What is the Partner Visa (820/801)?
The Partner visa 820 and 801 visa are key components of Australia’s partner visa process, allowing couples to live together in Australia.
Here’s a breakdown of both visas and how they work together to provide a pathway to permanent residency.
820 Visa: Temporary Partner Visa
The 820 visa is the first stage of the partner visa process. It allows you to live, work, and study in Australia temporarily while you await the processing of your 801 visa. This visa is granted to applicants who are in an ongoing relationship with their Australian partner. The 820 visa serves as a stepping stone toward permanent residency.
801 Visa: Permanent Partner Visa
The 801 visa is the permanent stage of the partner visa process. After holding the 820 visa for a specified period, you can apply for the 801 visa, which grants you permanent residency in Australia. To be granted the 801 visa, you need to meet the eligibility requirements and show that your relationship with your partner remains genuine and ongoing.
The 820 visa allows you to stay temporarily in Australia while your 801 visa application is processed, ultimately leading to permanent residency.
To move forward with your 801 visa application, it’s important to understand the key requirements for transitioning from the subclass 820 visa to the subclass 801 visa.
Eligibility Criteria for Subclass 801 Visa
To move from the temporary 820 visa to the permanent 801 visa, you need to meet specific eligibility criteria. These ensure that the applicant’s relationship and other requirements align with Australian immigration policies.
1. You must hold a qualifying visa
To apply for the Subclass 801 visa, you must hold a Partner visa (subclass 820). While the Dependent Child visa (subclass 445) is not a qualifying visa for the 801 application, it is relevant for children of applicants applying for the 801 visa.
2. Two-year requirement
You can only be assessed for the permanent Partner visa (801) two years after you applied for the combined partner visa 820/801. To check your application date, log into your ImmiAccount.
However, if you were in a long-term relationship or your sponsor held a specific visa, you might be eligible for the 801 visa in under two years. The immigration department will notify you if this exception applies.
3. Relationship requirements
You are required to continue to meet the relationship requirements with your partner who sponsored your temporary visa. These include:
- Being married or in a de facto relationship.
- Maintaining a genuine and continuing relationship.
- Living together or not living permanently apart.
- A shared commitment to building a life together, prioritising each other above all.
4. Health and character requirements
You need to meet Australia’s health requirements and ensure you have no outstanding debt to the Australian government.
5. Best interests of the child
The decision must align with the best interests of any child involved.
Meeting these criteria is crucial to progressing to a permanent visa. Once you’ve confirmed your eligibility, the next step is understanding how the transition process works.
Transitioning from 820 Visa to 801 Visa
The transition from the temporary Partner visa 820 to the permanent Partner visa 801 involves several stages and factors that can impact the 801 visa processing time.
Let’s break down the key elements that influence this transition:
Key Factors Influencing Processing Time
1. Completeness and accuracy of documentation
Submitting a complete and error-free 801 visa application can significantly reduce delays. Any missing documents or discrepancies can lead to requests for additional information, prolonging the process.
2. Timing of your 801 visa application
You can apply for the 801 visa after holding the 820 visa for two years. Applying promptly after meeting this two-year requirement ensures your application enters the 801 visa processing time queue without unnecessary delays.
3. Verification and checks
Immigration authorities thoroughly verify the details provided, including your relationship status and supporting evidence. This verification process, particularly if additional checks are required, can contribute to extended processing times for the 801 visa.
4. Requests for additional information
If the Department of Home Affairs requests further documents or details, the processing time for 801 visa may be prolonged. Staying proactive and promptly responding to any requests for information can help speed up the process.
Estimated Processing Duration for Partner Visa 801
As of January 2025, here’s what the processing timeline looks like:
- 50% of applications are processed in approximately 10 months.
- 90% of applications are processed in approximately 26 months.
However, the processing time for 801 visa can vary based on individual circumstances and the volume of applications received. For the most accurate processing time, use the visa processing time tool available on the Department of Home Affairs website.
Understanding these timelines will help you plan your application better. Once you secure the 801 visa, you can enjoy the long-term benefits of permanent residency in Australia.
Benefits of Subclass 801 Visa
Holding the Partner visa 801 opens up a range of benefits, providing you and your partner with security, stability, and a pathway to a prosperous life in Australia. Here are some of the key benefits of the 801 visa:
1. Permanent residency:
With the Partner visa 801, you gain permanent residency in Australia, allowing you to live, work, and study in the country indefinitely, with all the rights and privileges that come with it.
2. Access to Medicare:
As a permanent resident of Australia, you and your eligible family members can enjoy Medicare, Australia’s public healthcare system, offering comprehensive medical coverage.
3. Sponsorship rights:
Once granted the 801 visa, you can sponsor eligible family members to come and live with you in Australia, providing a pathway for loved ones to join you.
4. Travel flexibility:
The 801 visa allows you to travel in and out of Australia for five years without restrictions. After this period, you can apply for a Resident Return Visa to maintain your travel privileges.
5. Language support:
If eligible, you can access free English language classes through the Adult Migrant English Program (AMEP), helping you improve your language skills and integrate more effectively into Australian society.
6. Pathway to citizenship:
Once you hold the 801 permanent partner visa, you may be eligible to apply for Australian citizenship. This further cements your status as a permanent resident and opens the door to full participation in Australian life.
These benefits highlight the importance of transitioning to the permanent 801 visa, offering you and your family a secure and stable future in Australia.
Final Thoughts
Achieving permanent residency through the Partner Visa 801 is a significant milestone for couples building their lives in Australia. While the process may seem lengthy, understanding the eligibility criteria, factors affecting processing times, and the benefits can help you stay prepared and confident.
At Knowbal, we’re here to guide you every step of the way. Our team ensures your application is complete, accurate, and submitted on time, minimising delays and increasing your chances of success.
Ready to take the next step? Contact Knowbal today, and let’s make your transition to permanent residency seamless!
