Australian Partner PR Timeline 2026: 820 to 801 and Family Migration Planning
Most people asking about an Australian partner visa PR timeline want one number. The answer given by the Migration Regulations 1994 is a condition rather than a calendar date: Subclass 801 cannot normally be granted until at least two years have passed since the combined Subclass 820/801 application was made, and family members listed in that application are assessed and decided together with the main applicant. The criteria below come from the current text of the Migration Regulations 1994 published on the Federal Register of Legislation, read with the Department of Home Affairs' Procedures Advice Manual (PAM3) guidance for the partner program. If you only remember one planning fact, make it this: the two-year period is measured from lodgement, not from the day your temporary visa is granted.
How long does the 820-to-801 route actually take?
The onshore partner route is designed as one application with two outcomes. Subclass 820 is the temporary stage; Subclass 801 is the permanent stage that follows it. Under clause 820.511, the 820 visa remains in force until the 801 application is decided or withdrawn, which is what lets an applicant stay, work and study in Australia across the whole gap. No conditions can be attached to the 820 visa itself.
Because the two-year period counts from the lodgement date, it usually runs at the same time as the department is still assessing the temporary stage. General practice observations put 820 assessment at roughly 12 to 24 months, which means the statutory two years is often already close to expiry by the time the 820 visa is granted. PAM3 describes a system reminder at around the 22-month mark asking applicants to upload updated documents, and it notes that a separate 801 form is normally not required because the two applications are lodged together.
The second stage has no fixed statutory timeframe. Practice observations commonly put 801 assessment at roughly six to 18 months, but that is an observation about typical casework rather than a legislated deadline, so official published processing information should be treated as the reference point. When 801 is granted, clause 801.411 allows the applicant to be in or outside Australia (but not in immigration clearance), and clause 801.511 attaches a five-year travel facility to the permanent visa.
When does the two-year period start, and what can shorten it?
The default rule is in clause 801.221(2)(d): at least two years must have passed since the application was made. Several situations change the starting point or remove the wait entirely.
| Situation | Effect on the two-year period | Source |
|---|---|---|
| Standard 820 holder | Counted from the date the 820/801 application was made | cl. 801.221(2)(d) |
| 820 granted after ministerial intervention (ss. 351, 501J) | Counted from the date of the ministerial decision | cl. 801.221(2A) |
| Applicant already in a long-term partner relationship when applying | Two-year wait does not apply | cl. 801.221(6A); reg. 1.03 |
| 820 granted on a child-relationship or family-violence basis | Two-year wait may not apply | cl. 801.221(3)–(4) |
| Sponsoring partner has died | Can be granted early if the relationship would have continued | cl. 801.221(5) |
| Relationship ended with family violence, or custody, access or maintenance obligations towards a child of the sponsor | Two-year wait may not apply | cl. 801.221(6) |
A "long-term partner relationship" is defined in regulation 1.03 as one that has been in place for not less than three years, or not less than two years where the couple has a dependent child. The exemption is assessed as at the time the application was made, so evidence of cohabitation built up after lodgement cannot create the exemption retrospectively.
Two exceptions deserve particular attention because they change the identity-planning picture rather than just the date. Where the sponsor has died, clause 801.221(5) requires the applicant to satisfy the decision maker that the relationship would have continued if the death had not occurred, and PAM3 also asks whether the applicant has developed close business, cultural or personal ties in Australia (cl. 801.221(5)(d)). Where the relationship has broken down, clause 801.221(6) covers applicants who have experienced family violence committed by the sponsoring partner, or who hold custody, access or maintenance obligations towards a child of the sponsor; family violence must meet the Division 1.5 evidentiary rules in regulation 1.23, and PAM3 notes the violence need not be causally linked to the breakdown of the relationship.
Which family members can be included, and when must they be added?
Secondary applicants are the main applicant's dependent children or members of the family unit. At application, clause 801.311 requires the person to be a dependent child or family-unit member of someone who has already made the 820/801 application, or to hold a Subclass 820 visa and have made an 801 application. At grant, clause 801.321 requires the person to hold a specified visa such as Subclass 445 or 820 that was granted because they were the main applicant's dependent child or family-unit member, and the main applicant must have been granted the 801 visa.
The practical consequence is that timing matters as much as eligibility. A child born after lodgement is a new family member who has to be brought into the application and cleared, rather than automatically included in the grant. The reverse risk is the "one fails, all fail" rule in clause 801.224: before the main applicant can be granted 801, every family member must satisfy the public interest criteria. A single unresolved health or character issue for one child can hold the whole file.
What do included family members have to clear on their own?
Family members are not carried along on the main applicant's checks. Secondary applicants must satisfy public interest criteria 4001 to 4004, 4007 and 4009, plus 4019 if they are 18 or over, 4017 and 4018 if they are under 18, and 4020 and 4021 in all cases. Where an additional applicant under 18 applies with the main applicant, clauses 801.225 and 801.226 add criteria 4015 and 4016.
Health and character are where families most often lose time. Under PAM3, a health examination or waiver already accepted at the 820 stage generally does not need to be repeated, unless there is reason to believe an undisclosed condition exists, fraud is suspected, or the 820 visa has been cancelled for more than 12 months. Character is updated rather than reused: police certificates are expected for countries where an applicant has lived for 12 months or more since the 820 grant, and those certificates are generally treated as valid for 12 months. Where an applicant under 18 is involved, PAM3 also contemplates a police check for the sponsor under criteria 4016 and 4018.
What adds months to the plan, or breaks it entirely?
The relationship test is re-assessed at the 801 stage; a favourable 820 decision is not carried forward automatically. Clause 801.221(2)(c) still requires the applicant to be the spouse or de facto partner of the sponsoring partner, assessed against sections 5F and 5CB of the Migration Act and regulations 1.15A and 1.09A, with financial, household, social and commitment dimensions.
Beyond the relationship itself, four issues account for most of the delay and loss in practice:
- Public interest criteria failures, especially PIC 4007 (health) and 4001/4002 (character), which apply to every applicant including children.
- PIC 4020, the integrity criterion. False or misleading information can lead to refusal and, per the casework guidance, an exclusion period.
- Unresponsiveness. PAM3 states that if the applicant cannot be reached after reasonable attempts, including written requests, a decision can be made on the material already held.
- Status complications. Applicants affected by the section 48 bar need the sponsorship form and two statutory declarations alongside the application; applicants whose 820 was granted through ministerial intervention need a formal 801 application.
If 801 is refused, the 820 visa ceases with that decision. Review at the Administrative Review Tribunal must be applied for within 21 days of the refusal notification, and PAM3 notes the applicant needs to be in Australia to seek review. Where the tribunal remits the 820 decision, clause 801.221(8) allows the 801 application to proceed without the applicant having to hold an 820 visa again.
How should you plan around the timeline?
- Write down the date your combined 820/801 application was lodged.
- Add two years to that date.
- Treat that date as the earliest realistic point for a permanent grant.
- Check whether you already met the long-term partner relationship test on the day you applied.
- List every family member you intend to include.
- Confirm each of them holds, or will hold, a visa granted on the basis of being your dependent child or family-unit member.
- Add any child born after lodgement to the application promptly.
- Diarise police certificates for any country where a family member has lived 12 months or more since the 820 grant.
- Keep relationship evidence current until the 801 decision is actually made.
- Keep your contact details current so that a request for further information is not missed.
Suppose an applicant lodges the combined application while already three years into a de facto relationship: the two-year rule does not apply to them under clause 801.221(6A), and the binding constraint becomes assessment time rather than the statutory wait. Now suppose a second applicant lodges at eight months of cohabitation with a child from a previous relationship who lives overseas: their constraint is the two-year clock, and their planning risk sits with the child's health and character checks under clause 801.224.
The outline above is general information about how the criteria are structured, not personalised advice on any individual case, and current requirements, forms and processing information should be confirmed against the Department's official pages or with a registered professional before you rely on a date.
Frequently Asked Questions
Does the two-year wait start when my 820 visa is granted?
No. Clause 801.221(2)(d) measures the period from the date the application was made, not from the date the temporary visa was granted. This is why applicants whose 820 took a long time to assess often find the two years are already close to expiry at grant.
Do I need to lodge a separate application for Subclass 801?
Normally no. PAM3 describes the partner route as a combined 820/801 application, with a reminder around the 22-month mark asking for updated documents rather than a fresh form. An exception applies where the 820 visa was granted through ministerial intervention, which requires a formal 801 application.
Can my children be included in my partner visa application?
Yes, if they are your dependent children or members of your family unit, which is what clauses 801.311 and 801.321 require at application and at grant. Each child must clear health, character and identity criteria in their own right, and clause 801.224 means no one can be granted until all family members have met those criteria.
What happens if my relationship ends before the 801 visa is decided?
The relationship must still exist unless another provision applies. Clause 801.221(6) covers cases involving family violence by the sponsoring partner meeting the Division 1.5 rules, or custody, access or maintenance obligations towards a child of the sponsor; clause 801.221(5) covers the death of the sponsor where the relationship would have continued.
How long does the 801 stage itself take?
There is no legislated timeframe for the permanent stage. Practice observations commonly put it at roughly six to 18 months, but the relevant reference is the Department's current published processing information, and cases involving health, character or integrity checks can take considerably longer.
What happens to my 820 visa if my 801 application is refused?
The 820 visa remains in force only until the 801 application is decided or withdrawn, so a refusal ends it. Review at the Administrative Review Tribunal must be sought within 21 days, and the applicant generally needs to be in Australia to apply.