The subclass 820 grant letter arrives and the file goes in a drawer. Two years later the Department requests further evidence for the permanent stage, and the couple realises they have documented almost nothing since lodgement.
This is the most avoidable problem in partner migration. The permanent stage is not a formality — it is a fresh assessment of whether the relationship remains genuine and continuing at the time of decision, and the evidence for it must cover the period after the temporary grant.
How the two stages fit together
You lodge one application and pay one application charge. The subclass 820 (temporary) is decided first. The subclass 801 (permanent) is generally considered around two years from the date of application — not from the date the 820 was granted. Because the temporary stage is currently taking well over a year to decide, many applicants become eligible for the permanent stage relatively soon after the 820 grant, and some are eligible almost immediately.
The corollary is that the evidentiary period for the 801 runs from lodgement. Everything from the day you applied is in scope.
The long-term relationship provisions
The two-year wait is not universal. The Regulations define a long-term partner relationship, and where the criteria are met at the time of application, the permanent visa can be considered without the two-year deferral. Broadly, this applies where the relationship has continued for at least three years, or at least two years where there is a dependent child of the relationship.
If you may fall within this, it should be identified and evidenced at lodgement, not raised later. Couples who have been together for years before applying frequently do not realise this is available to them and wait two unnecessary years.
What to keep, and when
Set a calendar reminder every six months. In each block, capture:
Financial. A joint account statement, or evidence of continued pooling. Any new joint liability — a car loan, a mortgage, a shared credit facility. Superannuation beneficiary nominations. A joint tax position, where relevant.
Household. The current lease or mortgage statement. Utility accounts in joint names or in alternating names at the same address. Contents insurance listing both.
Social. Photographs at dated events. Invitations addressed jointly. Evidence of joint membership — a gym, a club, a place of worship.
Commitment. A short dated file note of significant events: a bereavement you supported each other through, a job change you decided on together, a trip taken, a decision made about family or property. These notes cost nothing at the time and are the raw material for a persuasive second-stage statement two years later.
Also refresh your Form 888 declarations. Declarations sworn before lodgement speak to the pre-lodgement period. The delegate at the permanent stage is looking at the post-lodgement period, and needs witnesses who can speak to it.
Ongoing obligations
Section 104 of the Migration Act 1958*** requires that you notify the Department of changes in circumstances. Marriage, the birth of a child, a change of address, a change of passport — all notifiable. So is a relationship breakdown.
That last point deserves candour. Where a relationship ends before the 801 is decided, the permanent visa generally cannot be granted. There are limited exceptions, including where the applicant or a family member included in the application has experienced family violence committed by the sponsoring partner, where the sponsor has died, and where there is a child of the relationship with ongoing shared parental responsibility. Each exception carries its own substantive and evidentiary requirements. If any of these apply to you, get legal advice before you respond to the Department. Responses given without advice in these situations are frequently unrecoverable.
Frequently asked questions
Do I need to reapply for the 801?
No. It is the same application. But the Department will generally request updated evidence, and you must respond within the time given.
Do we need new health and character checks?
Character clearances are commonly required from any country lived in for 12 months or more since the temporary grant. Health examinations are usually not repeated unless a significant period has elapsed or a health issue has arisen.
What if the 820 takes so long that we are already past two years?
Then the permanent stage may be assessed at or shortly after the temporary grant if you are in genuine and continuing relationship and can prove it.
Arnela Tolic is the Principal Solicitor of Tolic Lawyers, a Parramatta-based migration and employment law firm, and the NSW Representative for Migration Alliance.
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Disclaimer: This article is general information current as at 28 August 2026. It is not legal advice and does not take into account your circumstances. Verify all fees and processing times with the Department of Home Affairs before acting.
