Transitioning from Partner Visa Temporary to Permanent: What You Need to Know

Introduction

If you’re currently on a Partner visa in Australia, you may be wondering when and how you can transition from the temporary or provisional stage to permanent residency.

The Department of Home Affairs has recently confirmed that if you hold a Partner (Provisional) visa (subclass 309) or a Partner (Temporary) visa (subclass 820) and two years have passed since you first applied, you may now be eligible to submit your information for the permanent stage of your visa.

This blog will guide you through:

The difference between provisional/temporary and permanent Partner visas.

How to transition from subclass 309 to subclass 100 or from subclass 820 to subclass 801.

What documents you need for faster processing.

What happens if your circumstances have changed.

Understanding Partner Visas in Australia

Australia’s Partner visas are designed to help Australian citizens, permanent residents, and eligible New Zealand citizens reunite with their partners.

There are two main pathways:

• Partner (Provisional) visa (subclass 309): for applicants outside Australia at the time of applying.
• Partner (Temporary) visa (subclass 820): for applicants inside Australia at the time of applying.

Both of these visas are temporary in nature and form the first step towards permanent residency.

After a waiting period (usually two years), visa holders can transition to the permanent stage:

• Partner (Migrant) visa (subclass 100) for 309 holders.
• Partner (Permanent) visa (subclass 801) for 820 holders.

The Two-Year Waiting Period

The two-year rule is central to Australia’s Partner visa programme.

When you lodge your Partner visa application, you apply for both temporary and permanent stages at the same time.

However, you are first assessed for the temporary visa (309 or 820).

Only after two years have passed since your initial application date can you be assessed for the permanent stage (100 or 801).

This system allows Home Affairs to verify that your relationship is genuine and continuing before granting permanent residency.

Moving to the Permanent Stage: What You Need to Do

Now that the Department of Home Affairs has confirmed you can submit your information after two years, here’s what’s required:

1. Prepare Your Documentation
   • Updated evidence of your ongoing relationship (financial, social, household, and commitment aspects).
   • Identity documents such as passports and updated personal details.
   • Police checks if requested.
2. Submit Information Promptly
   • Home Affairs emphasises that applications will be processed faster if you provide complete and accurate information the first time.
3. Check Your Circumstances
   • If your relationship has broken down or changed, you must notify the Department immediately.
   • In some cases, you may still be eligible for permanent residency (e.g., if you have children with your partner or if there has been family violence).

Subclass 309 to Subclass 100: Offshore Applicants

If you were granted a Partner (Provisional) visa (subclass 309), your next step is the Partner (Migrant) visa (subclass 100).

The subclass 100 visa allows you to:

• Live and work in Australia permanently.
• Apply for Australian citizenship (if eligible in the future).
• Access Medicare and certain social security benefits.

Key point: You must have maintained a genuine and ongoing relationship with your partner during the waiting period.

Subclass 820 to Subclass 801: Onshore Applicants

For applicants who applied inside Australia, the journey is from the Partner (Temporary) visa (subclass 820) to the Partner (Permanent) visa (subclass 801).

The subclass 801 visa provides the same permanent residency benefits as the subclass 100, including:

Full work rights.

Access to Medicare.

The right to sponsor family members.

Again, the two-year period is crucial, and you must demonstrate your relationship has continued.

What If Your Circumstances Change?

Life can be unpredictable, and Home Affairs recognises this.

If your relationship has ended since applying:

• You must inform the Department immediately.
• You may still be eligible for the permanent visa if:
  • You and your partner share custody of children, or
  • You or a dependent family member experienced family violence during the relationship.

For more details, see the official Changes in your situation guidance.

Tips for Faster Processing

To avoid delays, follow these tips:

Submit all requested documents at the earliest opportunity.

Ensure consistency between your statements and your supporting evidence.

Keep your contact details updated with Home Affairs.

Use an experienced migration agent to review your case before submission.

Frequently Asked Questions

Q. Do I need to pay a separate fee for the permanent stage?
A. No, the permanent visa was already included in your original Partner visa application fee.

Q. Can I apply for the permanent visa earlier than two years?
A. In most cases, no. However, exemptions exist for applicants with children or in cases of long-term relationships.

Q. Will I need to attend another interview?
A. Some applicants may be asked to attend an interview or provide additional evidence to confirm the relationship.

Conclusion

The transition from a temporary Partner visa (subclass 309 or 820) to a permanent Partner visa (subclass 100 or 801) is an exciting milestone for many couples. By ensuring you meet the two-year requirement, submitting accurate documentation, and promptly notifying Home Affairs of any changes, you can make the process smoother and faster.

If you’re unsure about your eligibility or what documents to provide, seeking professional advice from a registered migration agent can save you time and stress.

Remember:

This post is for general informational purposes only and is not a substitute for professional immigration advice. Given the uniqueness of every case, engaging with a registered migration agent is highly recommended for bespoke guidance and to navigate the specific details of your situation effectively. Book a visa consultation with a Registered Migration Agent