Australia's partner visa program for spouses and de facto partners uses a two-stage grant system. Most applicants receive a temporary visa first — the Subclass 820 (onshore) or Subclass 309 (offshore) — and only become eligible for the permanent visa (Subclass 801 or Subclass 100) after at least two years from the date of the initial application. The temporary and permanent stages are applied for concurrently in a single application — there is no need to lodge a separate permanent stage application. At the permanent stage, DHA re-assesses whether the relationship is genuine and ongoing, and whether both parties continue to meet the criteria. An exception to the two-year waiting period exists for couples in a registered relationship for three or more years (or two years with children). This page explains the two-stage structure, the waiting period, the permanent stage assessment, and the effect of relationship breakdown between stages.

For current partner visa information, processing times, and document requirements, refer to the DHA partner visa (apply in Australia) page and the partner visa (apply overseas) page.

• Migration Regulations 1994, Schedule 2, Subclass 820 — Temporary Partner visa (onshore); criteria for grant including relationship genuineness
• Migration Regulations 1994, Schedule 2, Subclass 801 — Permanent Partner visa (onshore); criteria for permanent stage grant; registered relationship provisions
• Migration Regulations 1994, Schedule 2, Subclass 309 — Partner (Provisional) visa (offshore); temporary stage for offshore applicants
• Migration Regulations 1994, Schedule 2, Subclass 100 — Partner (Migrant) visa (offshore); permanent stage for offshore applicants
• DHA: Partner visa (apply in Australia) — immi.homeaffairs.gov.au/partner-onshore
• DHA: Partner visa (apply overseas) — immi.homeaffairs.gov.au/partner-offshore

The two pathways — onshore and offshore

Australia's partner visa program has two parallel pathways depending on whether the applicant is in Australia or overseas when they lodge:

• Onshore pathway (820/801): for applicants who are physically in Australia when they lodge the application. The Subclass 820 is granted as the temporary stage; the Subclass 801 is the permanent stage. The 820 holder can remain in Australia and work while waiting for the permanent stage
• Offshore pathway (309/100): for applicants who are outside Australia when they lodge the application. The Subclass 309 is the provisional stage; the Subclass 100 is the permanent stage. The 309 holder must travel to Australia to activate the visa; they can live and work in Australia on the 309 while the permanent stage is pending

The two pathways share the same two-stage structure and the same eligibility criteria — the key difference is where the applicant is located at lodgement.

Concurrent application — one application, two stages

A partner visa application is lodged as a single concurrent application for both the temporary stage (820 or 309) and the permanent stage (801 or 100). There is no need to lodge a separate application for the permanent stage. The application fee is paid once, covering both stages. After lodging:

1. DHA assesses the application for the temporary/provisional stage — if the relationship is genuine and other criteria are met, the 820 or 309 is granted
2. The application then remains "pending" for the permanent stage — it continues to be processed without any further lodgement action from the applicant
3. After the two-year period (from the initial application date) has elapsed, DHA assesses the permanent stage

The two-year waiting period

The permanent stage (801 or 100) cannot be granted until at least two years have passed since the application was lodged. Key points about the waiting period:

• The period runs from the date the application was lodged — not from the date the temporary visa was granted (which may come months or years after lodgement, given processing times)
• Given that processing times for the temporary stage can themselves be lengthy, some applicants receive the temporary visa and the permanent visa assessment in close proximity — but the two-year clock starts from lodgement regardless
• During the two-year waiting period, the applicant on a 820 or 309 can live, work, and travel in Australia (with a BVB for travel on the 820 pathway)

Registered relationship exemption — immediate permanent grant

Applicants do not need to wait two years if they qualify under the registered relationship exemption. The permanent visa (801 or 100) can be granted at the same time as the temporary visa (without the two-year wait) if at the time of lodgement:

• The sponsor and applicant have been in a registered relationship for at least three years before the application is lodged; or
• The sponsor and applicant have been in a registered relationship for at least two years before the application, and there is a child of the relationship (either a biological child or a child who is a member of the family unit of both parties)

A registered relationship means a relationship formally registered with a state or territory registry — such as a registered domestic partnership or a marriage. De facto relationships that are not formally registered do not qualify for the exemption; they must complete the two-year waiting period unless they have been in a registered relationship for the requisite period.

The permanent stage assessment

When the two-year period has elapsed (or the registered relationship exemption applies), DHA assesses the permanent stage. The permanent stage requires:

• The relationship must be genuine and ongoing at the time of the permanent stage assessment — DHA re-examines the evidence to confirm the relationship has continued
• The applicant must still meet health and character requirements
• The sponsor must still be an eligible sponsor and must not be subject to any sponsorship bars
• Updated evidence of the relationship is typically required — recent communications, shared financial arrangements, photographs, statutory declarations from the couple and others

DHA may contact both the applicant and the sponsor with requests for updated information before making the permanent stage decision.

If the relationship breaks down between stages

If a relationship ends between the temporary and permanent stages, the permanent visa will generally not be granted. DHA assesses whether the relationship is genuine and ongoing at the permanent stage — a relationship that has broken down will not meet this criterion. However:

• Family violence provisions: if the relationship ended because of family violence committed by the sponsoring partner, the applicant may still be eligible for the permanent visa under the Migration Regulations family violence provisions. The applicant must establish that they suffered family violence at the hands of the sponsor. For details, see the family violence provisions page
• Death of the sponsor: if the sponsor dies between stages, the applicant may still be granted the permanent visa in limited circumstances where the relationship was genuine and ongoing at the time of the sponsor's death

Processing times for partner visas have been among the longest in Australia's family migration program for several years. As of current DHA data, median processing times for the permanent stage (801/100) can exceed 3–4 years from lodgement. This means many applicants hold a 820 or 309 temporary visa for years while waiting for their permanent stage. During this period, they have full work rights and can live in Australia, but the uncertainty of the pending permanent stage can create practical difficulties — for example, for mortgage applications, professional licensing, and access to certain services that require permanent residency. The combination of long processing times and the two-year waiting period means that many 820 holders are eligible for the permanent stage long before DHA actually processes it. For current processing times and the partner visa document checklist, refer to the DHA partner visa page.