Standard two-year rule
Two years from the 820 lodgement date. Most applicants reach eligibility this way. Submit 801 evidence around this time.
Two years after lodging your 820, the Department reviews your relationship again to decide whether to grant permanent residence. The process is quieter than stage one, but getting it wrong still ends badly.
The 801 is assessed against your circumstances at the two-year eligibility date.
Two years from the 820 lodgement date. Most applicants reach eligibility this way. Submit 801 evidence around this time.
If the relationship was long-term at 820 lodgement (3+ years, or 2+ years with a child), the applicant may have been granted 820 and 801 simultaneously. 801 already in place.
Compelling or compassionate circumstances (serious illness, family violence, death of sponsor, child of relationship) can enable 801 grant earlier. Specific provisions apply.
The 801 focuses on evidence the relationship has continued since the 820 was granted. Different emphasis from stage one.
801 processing is usually faster than 820. The bulk of the assessment has already been done at stage one.
Submit 801 evidence around the 2-year eligibility date. Processing 12-18 months typical. Bridging visa continues during processing if required.
Where the 820 was properly granted and the relationship has genuinely continued, 801 grant is usually straightforward.
Relationship ending, weak continuing evidence, or new adverse information can result in 801 refusal. See refusal patterns.
The 801 evidence must show the relationship continued. Couples who separated during the 2-year period and hoped to get the PR anyway often find the Department notices the evidence gaps. Family violence and other special provisions may apply if circumstances justify.
For 801 preparation, book with Neha Sharma.