If you are a holder of the provisional Partner visa (Subclass 820 or 309), you may be approaching your eligibility to be assessed for the grant of a permanent Partner visa (either the Subclass 801 or 100). This article explains what the second stage involves, when you can apply, and what evidence is generally expected.
What is the Partner visa process?
Australian Partner visas are generally assessed and granted in two stages:
- Provisional visa: The Subclass 820 (onshore) or Subclass 309 (offshore) is granted first. This allows you to live and work in Australia while you await your eligibility to be assessed for the permanent visa.
- Permanent visa: After satisfying a waiting period and demonstrating that your relationship is genuine and ongoing, you may be granted the permanent Subclass 801 or Subclass 100.
Technically, both stages are applied for at the same time but each subclass is assessed and approved in two stages.
When can I be granted the permanent Partner visa?
Provisional Partner visa holders become eligible for the permanent visa when at least 2 years have passed from the date of the initial lodgement. However, there are some exceptions to the 2-year waiting period, which are outlined in our blog on Partner visa double grants.
Do I need to lodge a separate application for Stage 2 of the Partner visa?
Once you are eligible for the permanent partner visa, you are required to submit a second stage application through ImmiAccount. This is a separate step from your original application, and it will not progress automatically. You must actively lodge the second stage application when you become eligible.
Along with the online application, you will need to provide updated evidence that your relationship is genuine and ongoing.
What documents do I need to submit for Stage 2 of the Partner visa?
When the Department of Home Affairs (Department) is ready to assess your permanent visa, the decision-maker will expect updated evidence of the relationship following the grant of the provisional visa.
The types of evidence that are commonly submitted include:
Financial aspects of the relationship
- Joint bank account statements
- Joint mortgage or joint financial liabilities
- Evidence of shared financial responsibilities, such as joint insurance policies or utility bills in both names
Nature of the household
- Updated lease agreements or property documents showing you live together
- Correspondence addressed to both parties at the same address
- Updated utility bills
Social aspects of the relationship
- Recent photos together, including with family and friends
- Evidence of travel together
- At least two new Form 888’s, supporting statements from friends and family
Commitment to the relationship
- A statutory declaration from the sponsor confirming and describing the relationship
- Evidence of long-term plans together, such as joint property ownership or wills
- Marriage or de facto relationship registration certificates, if applicable
Health and character requirements
- Updated police clearances, if your existing ones have expired
- Updated health examinations, if requested by the Department of Home Affairs
Our document checklist for the partner visa also acts as a guide for documents that can support the application.
It is worth reiterating that documents you provided prior to the grant of the provisional visa do not need to be sent to the Department again. The permanent visa’s assessment focuses on information, events, and evidence from the date the provisional visa was granted up until current.
What if my relationship has ended?
If your relationship has broken down before the permanent visa is granted, you will generally no longer be eligible for the permanent Partner visa. There are only a few circumstances where you may still be eligible, including:
- Family violence: If the relationship ended because you experienced family violence perpetrated by your sponsor, you may still be eligible for the permanent visa.
- Death of sponsor: If your sponsor has died, you may still be eligible for the permanent visa if you can demonstrate that the relationship was genuine and ongoing at the time of the sponsor’s death.
- Child custody or access rights: If you and your former Australian partner have a child and share custody or access obligations.
We have a blog here on this exact topic. We strongly recommend seeking legal advice if your relationship has ended before the permanent visa is granted.
What happens after I submit the Stage 2 application?
After you submit the second application and provide your updated evidence, the Department will assess your eligibility for the grant of the permanent partner visa. Generally, the permanent stage is processed in 6-12 months but can vary. During this time, your provisional Partner visa remains valid, and you can continue to live and work in Australia.
The Department may request further information or documents from you. Once the Department is satisfied that you meet all the requirements, your permanent Partner visa will be granted at which point you are regarded to be a permanent resident.
Need assistance?
If you need assistance with your second stage Partner visa application or have an immigration related query, get in touch with our experienced team. Contact us by email at [email protected] or by phone at +61 3 9016 0484.
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