From Partner 820 to PR 801: Two-Year Rule and Long-Term Relationship Exemption in 2026

Two years is the default wait between the Subclass 820 (Partner (Temporary)) visa and the Subclass 801 (Partner (Permanent)) visa, but it is not a universal rule. Clause 801.221(2)(d) of the Migration Regulations 1994 requires that "at least 2 years have passed since the application was made", and that period runs from the date the combined 820/801 application was lodged — not from the date the 820 was granted. Clause 801.221(6A) then removes the requirement entirely for applicants who were already in a long-term partner relationship when they applied. The criteria set out below come from the Migration Regulations 1994 as published on the Federal Register of Legislation and from the Department of Home Affairs' PAM3 procedural guidance; provisions and their current wording should always be confirmed against the official text, since regulations are amended over time.

What does the two-year rule actually require?

The two-year period is only one of four things clause 801.221(2) asks for. An applicant must hold or have held a Subclass 820 visa, continue to be sponsored by the sponsoring partner (or by the partner who sponsored the 820), continue to be the spouse or de facto partner of that sponsor, and show that at least two years have passed since the application was made.

The relationship limb is the one that catches people out. The 801 stage is not a rubber stamp of the 820 decision: PAM3 directs decision makers to assess whether the relationship is still genuine and continuing at the time of decision, using the definitions in sections 5F and 5CB of the Migration Act 1958 and the factors in regulations 1.15A and 1.09A — financial aspects, the nature of the household, social context, and the nature of the commitment.

For applicants whose 820 was granted through ministerial intervention under section 351, section 501J, or the now-repealed section 417, clause 801.221(2A) starts the two years from the date of the minister's decision rather than the date of application. PAM3 also notes that these applicants must lodge a formal 801 application and pay the charge.

When does the two-year clock start?

It starts on the date the application was made, which for most people is the date the combined 820/801 application was lodged. PAM3 describes the 820 and 801 as a combined application that does not require a separate 801 form, which is why the same lodgement date governs both stages.

The practical consequence is worth spelling out. If a combined application took 14 months to reach an 820 grant, roughly ten months of the two-year period is already behind the applicant at grant. If the 820 was granted quickly, most of the wait still lies ahead. Either way, the 820 grant date itself is not the trigger.

Who qualifies for the long-term relationship exemption?

Clause 801.221(6A) states that the two-year requirement "does not apply to an applicant who at the time of making the application was in a long-term partner relationship with the sponsoring partner". The definition sits in regulation 1.03: a relationship that has been in existence for not less than three years, or for not less than two years where the couple has a dependent child.

Two features of that test do the real work. It is measured at the time of making the application, so a couple that reaches the three-year mark only after lodging does not qualify by waiting. And it removes only the waiting period — the applicant still has to hold the 820, still be the spouse or de facto partner, and still satisfy health, character and integrity requirements.

To illustrate the mechanics: suppose an applicant lodges the combined application after four years of cohabitation with no dependent child. The relationship already exceeds the three-year threshold at lodgement, so clause 801.221(6A) applies and the 801 can be decided on the other criteria rather than held for two years. Under PAM3 guidance, a long-term relationship case can be approved as soon as the remaining criteria are met.

Which other situations can shorten or remove the wait?

Several exceptions in clause 801.221 operate independently of the long-term relationship test:

• Sponsoring partner has died (801.221(5)): the applicant must satisfy the decision maker that the relationship would have continued had the partner not died. PAM3 also points to whether the applicant has developed close business, cultural or personal ties in Australia.
• Relationship ended with family violence (801.221(6): the violence must meet the evidentiary requirements of Division 1.5 of the Regulations and regulation 1.23, and must have occurred while the relationship was on foot. PAM3 notes the violence need not be the cause of the separation, and that independent evidence — court orders, police reports, reports from competent persons — is required rather than a bare statement.
• Relationship ended with child-related circumstances (801.221(6)): custody, access or a formal maintenance obligation regarding a child of the sponsoring partner, supported by court orders or a formal obligation rather than an informal arrangement.
• The 820 was granted on an already-recognised exception (801.221(3)–(4)): where the 820 was granted on the basis of clause 820.221(2) or (3) — for example sponsor death, family violence, or child-related circumstances.
• Certain 820 qualification routes (801.221(6AA)–(6AB)): where the 820 was granted on the basis of clause 820.211(7), (8) or (9).
• After an ART remittal (801.221(8)): where the 820 ceased because the 801 was refused, but the Administrative Review Tribunal (ART) remits the matter or decides that every criterion other than holding the 820 is met, the applicant does not need to hold a fresh 820.

What happens as the two-year mark approaches?

Because the 820/801 is a combined application, applicants are not usually asked to fill in a new form. PAM3 describes a system-generated reminder email sent at around 22 months after lodgement asking for updated documents, which is the point at which most people supply a fresh tranche of relationship evidence through their ImmiAccount.

The evidence submitted at that point is assessed on its own terms. Decision makers look at whether the relationship is continuing at the time of decision, and PAM3 allows them to request further documents or an interview where there are doubts. If the applicant cannot be contacted, the guidance requires reasonable efforts including a written request, and a decision may then be made on the material already held; there is also discretion to delay a decision by up to three months where the applicant cannot be contacted, for instance because they are temporarily outside Australia.

No statutory deadline applies to the 801 decision. Practice summaries commonly describe a window of roughly six to eighteen months from the point of assessment, but the only authoritative published figure is the Department's current processing-time information, which is worth checking before making plans around a date.

What else is decided at the 801 stage?

Beyond the relationship and the two-year period, the 801 carries a full public interest criteria package. Clause 801.223 refers to public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, and 4019 where the applicant was 18 or over at the time of application; clause 801.225 and 801.226 add criteria 4020 (false or misleading information) and 4021, which apply to all applicants; 4019 applies only where the applicant was 18 or over at the time of application.

Health and character are usually refreshed rather than restarted. Under PAM3, a health examination or waiver from the 820 stage generally does not need to be repeated, subject to exceptions such as a suspected undisclosed condition, fraud concerns, or an 820 cancelled more than 12 months earlier. Police certificates are expected for any country where an applicant has lived for 12 months or more since the 820 was granted, and are generally treated as valid for 12 months.

Secondary applicants — dependent children or members of the family unit — must meet clause 801.311 at the time of application and 801.321 at the time of grant, along with criteria 4015, 4016, 4017 and 4018 as applicable. The "one fails, all fail" principle applies: every family member must clear the public interest criteria before the primary applicant can be granted. At grant, clause 801.411 requires the applicant to be in Australia but not in immigration clearance, or outside Australia, and the visa carries a five-year travel facility under clause 801.511.

This overview describes how the criteria are structured rather than any individual outcome; it is general information, not personalised advice, and where a decision turns on your own facts the current official text and any professional guidance you obtain should govern.

If the 801 is refused

A refusal can be reviewed by the Administrative Review Tribunal, which replaced the AAT. PAM3 records a 21-day period from receiving the refusal notification, and notes that the applicant must be in Australia to seek review. Where the 801 is refused, the 820 generally ceases as well, unless the matter returns through clause 801.221(8) after an ART remittal.

Beyond that, ministerial intervention under section 351 or section 501J exists but is confined to exceptional cases, and judicial review in the federal courts is limited to legal error rather than a re-argument of the facts.

Frequently Asked Questions

Does the two-year wait start when my 820 is granted?

No. Clause 801.221(2)(d) counts the two years from the date the application was made, which for a combined 820/801 application is the lodgement date. Granting the 820 later does not restart the clock, and the time spent waiting for the 820 usually counts towards it.

What exactly is a long-term partner relationship?

Regulation 1.03 defines it as a relationship that has existed for at least three years, or for at least two years where the couple has a dependent child. Clause 801.221(6A) requires that the relationship already met that definition at the time the application was made, not at the time of decision.

Does the long-term relationship exemption remove the other requirements?

No. It disapplies only the two-year requirement in clause 801.221(2)(d) and its equivalent in (2A)(c). The applicant still needs to hold the 820, still be the spouse or de facto partner of the sponsoring partner, and still satisfy health, character and integrity criteria.

If we separated after the 820 was granted, can I still get the 801?

Only through one of the exceptions. Clause 801.221(6) covers family violence meeting the Division 1.5 and regulation 1.23 evidence requirements, or custody, access or maintenance obligations concerning a child of the sponsoring partner supported by court orders. Clause 801.221(5) covers the death of the sponsoring partner.

Do I need to lodge a separate 801 application?

Usually not. PAM3 describes the 820 and 801 as a combined application with no separate 801 form, and a system reminder at around 22 months asking for updated documents. An exception applies where the 820 was granted through ministerial intervention, in which case a formal 801 application and payment are required.

Will I need another health exam and new police certificates?

Often not for health: PAM3 indicates an examination or waiver from the 820 stage generally carries over, with limited exceptions. Police certificates are expected for countries where an applicant has lived 12 months or more since the 820 was granted, and are generally valid for 12 months.

How long does the 801 decision take?

There is no statutory deadline, and timeframes vary with the complexity of the case and how quickly further information is supplied. The Department's current published processing-time information is the only authoritative reference for planning.

References

• Federal Register of Legislation — Migration Regulations 1994 (Subclass 801 criteria)
• Federal Register of Legislation — Migration Regulations 1994 (Subclass 820 criteria)