When you apply for a Partner Visa (Subclass 820/801), the process normally involves two stages: the temporary Subclass 820 is granted first, followed by the permanent Subclass 801 approximately two years later. However, if you’ve been in a long-term relationship, you may be eligible for both stages to be granted at the same time — known as a concurrent grant.
But what happens when you meet the criteria for a concurrent grant, and the Department only grants the 820? Here’s what you need to know.
When Can the 820 and 801 Be Granted Together?
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Under the relevant provisions that allow the Subclass 801 to be granted concurrently with the 820, the Subclass 801 can be granted at the same time as the Subclass 820 if, at the time of decision, the applicant has been in the relationship with the sponsor for a continuous period of at least 3 years (or 2 years if there are children of the relationship).
This means that if you’ve been in a de facto relationship since 2019 and apply for a partner visa in 2025, you may qualify for both the 820 and 801 to be granted simultaneously — skipping the usual 2-year waiting period between stages.
What If Only the 820 Is Granted?
Sometimes, even when the relationship clearly meets the 3-year threshold, the Department grants only the 820 and does not concurrently grant the 801. This can happen for several reasons:
- The case officer may have overlooked the eligibility for concurrent grant.
- The Department may want to conduct additional checks before granting permanent residency.
- There may be incomplete documentation for the second stage that the Department requires.
- It may simply be an administrative oversight.
What Can You Do?
If you believe your client (or you) qualifies for a concurrent 801 grant and only the 820 was granted, here are the recommended steps:
- Contact the partner visa processing team. Send a polite email requesting that the Subclass 801 be granted, citing the relevant provisions that allow the Subclass 801 to be granted concurrently with the 820 and providing evidence that the relationship meets the 3-year continuous requirement.
- Provide updated evidence. Include recent relationship evidence such as joint financial records, cohabitation evidence, and any updated statutory declarations.
- Reference the relationship timeline. Clearly outline when the relationship began, key milestones, and evidence of its continuous nature.
- Follow up. If you don’t receive a response within a reasonable timeframe, follow up with the Department. In many cases, a simple request is sufficient to prompt the concurrent grant.
The Benefits of a Concurrent Grant
Obtaining the 801 concurrently with the 820 provides significant advantages:
- Immediate permanent residency — no 2-year wait for the second stage.
- No need to provide second-stage evidence separately (Form 888 declarations, updated relationship evidence, etc.).
- Greater certainty — you don’t need to worry about relationship changes during the waiting period affecting your 801 eligibility.
- Travel freedom — permanent residency provides unrestricted travel rights with a 5-year travel facility.
Eligibility Criteria for Concurrent Grant
To qualify for the concurrent grant, you generally need to demonstrate:
- A continuous relationship of at least 3 years at the time of decision (or 2 years with children of the relationship)
- The relationship is genuine and continuing
- All other 801 visa requirements are met (character, health, etc.)
If you’re in a long-term relationship and applying for a partner visa, make sure your application clearly highlights the length of your relationship and requests consideration for a concurrent grant.
Disclaimer: This blog post provides general information only and is current at the time of publishing. It is not intended as legal or migration advice specific to your situation. For personalised advice, please book a consultation with one of our registered migration agents.
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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