الأهلية والرسوم والتقديم
When the permanent stage can be decided (801 and 100)
Two things about the permanent stage are widely repeated and wrong. Both are settled by the text of the Regulations, which says something more favourable than the version most applicants have read.
حُدِّث في 29 August 2026روجعت المصادر في 25 August 20269 دقائق قراءة
The clock starts at lodgement, not at grant
Partner visas are applied for once and decided twice. The onshore pathway grants a subclass 820 first and a subclass 801 later; offshore, a 309 then a 100. The waiting period between them is set in Schedule 2 of the Migration Regulations 1994.
801.221(2)(d) — subject to subclauses (6A) and (7), at least 2 years have passed since the application was made. 100.221(2)(c) — subject to subclauses (5), (6) and (7), at least 2 years have passed since the application was made.
Migration Regulations 1994, Schedule 2 — Compilation No. 288, 1 July 2026, legislation.gov.au
This matters because temporary-stage processing can itself run for a year or more, and the wait is commonly described as running from the grant. Read that way, a couple whose 820 took eighteen months to grant would be counting to three and a half years from lodgement. The clause says otherwise: the time spent waiting for the temporary grant is inside the two years, not added to it.
One narrow exception runs the other way. Where the temporary visa was granted through a Ministerial intervention power rather than an ordinary decision, clauses 801.221(2A)(c) and 100.221(2A)(c) anchor the two years to the date of that decision instead. That is a small subset of cases, not the mainstream pathway.
For some couples the wait does not apply at all
The second misconception is subtler. The long-term relationship provision is usually described as letting a couple be assessed early. The text does something different.
801.221(6A) — Paragraphs (2)(d) and (2A)(c) do not apply to an applicant who at the time of making the application was in a long-term partner relationship with the sponsoring partner. 100.221(5) — Paragraphs (2)(c) and (2A)(c) do not apply to an applicant who at the time of making the application was in a long-term partner relationship with the sponsoring partner.
Migration Regulations 1994, Schedule 2 — Compilation No. 288, 1 July 2026, legislation.gov.au
Every other criterion still applies, including that the relationship is genuine and continuing at the time of decision, and processing queues are unaffected by any of this. What changes is that no statutory two-year floor sits under the decision.
What counts as a long-term partner relationship
The term is defined, and the definition is short:
long-term partner relationship, in relation to an applicant for a visa, means a relationship between the applicant and another person, each as the spouse or de facto partner of the other, that has continued: (a) if there is a dependent child (other than a step-child) of both the applicant and the other person—for not less than 2 years; or (b) in any other case—for not less than 3 years.
Migration Regulations 1994, reg 1.03 — Compilation No. 288, 1 July 2026, legislation.gov.au
The date the test looks at
That makes this something to work out at the beginning rather than at the permanent stage. A couple already past three years — or past two with a mutual child — when they lodge is in a materially different timeline from the day they file, and nothing about it can be established retrospectively.
Two timing rules, at opposite ends
It is easy to conflate this with the other duration rule in partner visa law, so it is worth separating them. Regulation 2.03A applies at the first stage and asks de facto applicants for twelve months of relationship before lodgement, with three exceptions. Schedule 2 applies at the permanent stage and asks for two years since lodgement, with the long-term relationship provision disapplying it. Different provisions, different points in the process, different thresholds, and married applicants are outside the first one entirely.
What the permanent visa grants
أسئلة شائعة
- Does the two-year wait start when the 820 is granted?
- No. Clause 801.221(2)(d) requires that at least two years have passed since the application was made, and clause 100.221(2)(c) is worded identically for the offshore pathway. Neither refers to the grant date of the temporary visa.
- Who is exempt from the two-year wait?
- Clauses 801.221(6A) and 100.221(5) provide that the two-year paragraph does not apply to an applicant who was in a long-term partner relationship with the sponsoring partner at the time of making the application. Regulation 1.03 defines that as a relationship continuing for at least three years, or at least two years where there is a dependent child of both partners who is not a step-child.
- Is the long-term relationship provision an early-assessment option?
- The text disapplies the requirement rather than shortening it — the words are that the paragraph does not apply. Every other criterion for the permanent visa still has to be met.
- When is the long-term relationship assessed?
- At the time of making the application, per the wording of both clauses — the original combined lodgement date, not the date the permanent stage is decided.
- Are the 801 and 100 visas valid for only five years?
- Clauses 801.511 and 100.511 describe a five-year travel facility from the date of grant. Both are permanent visas; the five years concerns travel to and entry into Australia, not the residence status.
المصادر
كل معلومة أعلاه تعود إلى أحد هذه المصادر. ونصوص القانون مقتبسة من النسخة المجمَّعة السارية في التاريخ المذكور؛ أما الإرشادات المنشورة فيُشار إليها حيث تكون المعلومة موثَّقة على نطاق واسع لا مؤكَّدة في النص الأصلي.