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Partner Visa (820/801) Second Stage

Securing your permanent future in Australia.

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Nilesh Nandan
Immigration Lawyer · BBus(Accy) LLB MBA · Last updated March 2026
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Overview

The second stage of the onshore partner visa process is the assessment for the permanent Subclass 801 visa. This occurs approximately two years after you lodged your initial 820/801 application. The Department of Home Affairs will invite you to provide evidence that your relationship with your sponsoring partner is still genuine and continuing. I specialise in preparing this crucial submission, ensuring you meet the final requirements to become an Australian permanent resident.

Verify all deadlines independentlyThe partner visa (820/801) second stage deadlines and time limits referenced on this page are general guidance only and may not reflect your specific circumstances. Appeal periods and response deadlines vary depending on the visa type, the basis of the decision, and how and when the decision was notified to you. Always check your decision letter for the exact deadline that applies to your case and seek independent legal advice before relying on any date. Getting a deadline wrong can permanently affect your appeal rights.

Many people underestimate the second stage assessment. It is not an automatic grant. You must proactively provide fresh evidence covering the two-year period since your initial application. This includes proof of continued cohabitation, financial interdependence, social recognition of your relationship, and your ongoing commitment. Simply stating that you are still together is not enough; you must prove it with documentation. I help you organise this evidence into a clear and convincing submission.

The Department will assess the same four pillars as the initial application: financial, household, social, and commitment. I work with you to gather updated evidence, such as recent joint bank statements, utility bills in both names, photos from the last two years, and statements from friends who can attest to your continuing relationship. My role is to ensure there are no gaps in your evidence and that the submission paints a consistent and genuine picture of your life together.

If your circumstances have changed, such as a relationship breakdown, the birth of a child, or if you have experienced family violence, it is critical to get expert advice before proceeding. There are specific provisions that may still allow you to be granted a permanent visa. I provide confidential and strategic advice in these sensitive situations to protect your interests and secure your future in Australia wherever possible.

Key Facts

Visa Subclass801 (Permanent)
EligibilityApprox. 2 years after lodging the initial 820/801 application
RequirementMust prove the relationship is still genuine and continuing
FeeNo additional government fee is required for this stage
OutcomeGrant of Australian permanent residency

How I Work — Step by Step

1

Eligibility Date Monitoring

I proactively monitor your case and notify you when you become eligible to submit your second stage evidence.

2

Second Stage Evidence Workshop

We work together to gather and review all the documentation required to prove your relationship has continued for the past two years.

3

Submission Preparation

I prepare a comprehensive submission, including updated forms and all supporting evidence, addressing all four pillars of the relationship assessment.

4

Lodgement and Finalisation

I lodge the submission with the Department and manage the process until you receive the exciting news of your permanent residency grant.

What I Do

  • Track your eligibility date for the second stage permanent visa.
  • Provide a detailed checklist of evidence required for the Subclass 801 submission.
  • Assist in preparing updated statutory declarations from you, your sponsor, and witnesses.
  • Compile and organise your evidence for the preceding two-year period.
  • Prepare and lodge the second stage submission with the Department of Home Affairs.
  • Advise on complex situations, including relationship breakdowns or family violence.
  • Manage all communication with the Department until your permanent visa is granted.

Who Is This For?

  • Holders of the temporary Partner Visa (Subclass 820) who are approaching their second stage eligibility date.
  • Applicants who need assistance in gathering and presenting the required evidence of their ongoing relationship.
  • Couples whose circumstances have changed and need advice on how to proceed.
  • Anyone who wants to ensure their final step to permanent residency is handled professionally and without error.

Common questions about

When exactly can I submit my second stage evidence?+
You become eligible to submit your evidence two years from the date you lodged your initial 820/801 application. The Department will send an invitation, but you can prepare in advance. I manage this timeline for all my clients.
What if we have separated temporarily during the two years?+
Short periods of separation for work, travel, or family reasons are generally acceptable, provided you can explain them and show how you maintained contact and commitment. I can help you address this in your submission.
Do we need to provide the same amount of evidence as the first time?+
Yes, the level of scrutiny is just as high. You need to provide a comprehensive set of documents covering the two-year period since your 820 visa application. You cannot rely on the old evidence.
How long does the 801 visa take to process after we submit the evidence?+
Processing times vary (verify on Home Affairs website). A well-prepared, decision-ready submission can help to minimise delays. My goal is to make the case officer's job as easy as possible.

Free Guide: Preparing a Strong Partner Visa Application

This guide walks you through the evidence the Department actually looks at, the most common reasons partner visas get refused, and how to avoid a genuinely concerning relationship finding. Written from 27 years of experience.

This matter has strict legal deadlines. Act immediately.

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The information on this page is general in nature and does not constitute legal advice. Thoughts only — not legal advice.

Important: The information on this website is provided for general informational purposes only and does not constitute legal advice. Immigration law in Australia is complex, fact-specific, and subject to frequent change under the Migration Act 1958 (Cth), the Migration Regulations 1994, and departmental policy. You must seek independent, qualified legal advice tailored to your specific circumstances before making any immigration decision or taking any action. Viewing this website does not create a solicitor-client relationship. Terms of Use | Full Disclaimer

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MyVisa Australia Pty Ltd ABN 65 092 524 359 (service entity for MyVisa Lawyers Pty Ltd ABN 54 607 960 547). Nilesh Nandan is an admitted solicitor and Australian legal practitioner admitted to the High Court of Australia, authorised to provide immigration assistance under the Migration Act 1958. As a legal practitioner regulated by the New South Wales Law Society, Nilesh is not required to be registered with the Office of the Migration Agents Registration Authority (OMARA). Nilesh Nandan BBus(Accy), LLB, MBA, MMIA — Head of Practice. Member: Law Council of Australia · Migration Institute of Australia (MMIA) · MIA Character & Cancellation Advisory Board · MIA Disciplinary Committee 2026 · New South Wales Law Society · Australian Asian Lawyers Association · Ku-ring-gai Chamber of Commerce. *Based on publicly available Google reviews. No other individual immigration lawyer in Australia has more reviews, across more locations, sustained over a longer period, with a comparable satisfaction rating.

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