Many Australian partner visa applicants have the same question: when applying for the same onshore Subclass 820/801 Partner visa, why do some people have to obtain a 2-year temporary visa first and move to permanent residency when it expires, while others receive both their temporary and permanent visas at the same time?
It is not a matter of luck or how strictly an application is assessed. It depends entirely on whether your relationship meets the Department’s definition of a long-term partner relationship. As a practising migration lawyer, I will explain in plain language the conditions for simultaneous approval of Australian temporary and permanent partner visas, how relationship duration is calculated, what case officers assess, common pitfalls and how to prepare a complete set of evidence.
Why can some applicants receive their temporary and permanent partner visas together?
The standard Australian partner visa process has two stages: the temporary Subclass 820 Partner visa is granted first. After a 2-year assessment period, the Department reviews whether the relationship is genuine before granting the permanent Subclass 801 visa.
However, if your relationship meets the long-term partner relationship criteria, the Department may waive the 2-year waiting period and approve both the temporary and permanent visas at once, substantially shortening the overall migration process. Put simply, the longer and more stable your relationship, the greater your chance of bypassing the lengthy waiting period.
1. A long-term partner relationship is the key basis for simultaneous grants
Australian migration regulations set clear, fixed thresholds for a long-term partner relationship. All cases in which both visas are granted simultaneously are approved under this rule, with no special exceptions. The policy rests on the principle that a genuine, stable, long-term relationship does not need a 2-year assessment period to establish its authenticity, allowing permanent residency to be granted directly.
2. The key difference between standard partner visas and long-term partner visa cases
Standard partner visas: shorter relationships require a 2-year observation period and two separate approvals. The process is lengthy and complex, and the relationship must remain stable throughout.
Long-term partner visa cases: the relationship meets the statutory duration requirement, and its authenticity and stability have been sufficiently established. The Department may approve both visas simultaneously, removing the need for a second review.
The Department’s criteria for a long-term partner relationship
Important: all duration calculations are based solely on the status of the relationship on the day the visa application is lodged. Reaching the required duration after lodgement does not qualify you for simultaneous grants. Meeting either of the following criteria establishes a long-term partner relationship:
1. Couples without children: a relationship lasting at least 3 years
Whether you are legally married or in a de facto relationship, you qualify if, at the time of application, you have lived together in a stable, exclusive relationship for at least 3 years.
2. Couples with a shared dependent child: a relationship lasting at least 2 years
If you have a shared dependent child who is the biological child of both partners, the required relationship duration is reduced to 2 years. Note that stepchildren do not qualify for this concession, a point on which many applicants misjudge their eligibility.
Meeting the duration requirement does not guarantee simultaneous grants: here is what matters
Many applicants mistakenly believe that reaching 2 or 3 years together guarantees simultaneous approval of their temporary and permanent visas. In fact, the Department’s official wording is that approval is discretionary, rather than automatic. Duration is only the threshold; the continuity and authenticity of the relationship are the decisive considerations.
1. The key factors a case officer considers
The case officer will review the entire relationship: whether the stated start date is genuine, whether the relationship has remained stable over the years, whether the partners are exclusive, the extent to which their lives are intertwined, recognition by family and social circles, and plans for a future together. Every detail can affect the final decision.
2. Gaps in the relationship timeline are the greatest risk for refusal or requests for further information
This is the main pitfall for the vast majority of applicants. Even if you have actually been together for 3 years, a period of several months living apart with no records of messages, calls, travel or money transfers will lead the case officer to conclude that the relationship was interrupted during that time.
Once there is a gap in the timeline, the relationship will not be recognised as long-term, simultaneous approval will be unavailable, and you will have to return to the standard 2-year waiting process.
How to fully demonstrate a 3-year long-term partner relationship: a complete approach to evidence
The Department relies on complete, continuous and traceable written evidence, rather than verbal statements. To firmly establish eligibility for simultaneous grants, you must organise a full set of documents chronologically around the Department’s four key dimensions and fill every gap in the evidence.
1. The four essential dimensions of evidence: all are required
Financial ties: joint bank account statements, shared home or car loans, joint bills, records of transfers between partners, and evidence of naming each other as insurance and superannuation beneficiaries.
Living together: long-term joint leases, bills showing a shared address, electricity, water and internet bills, photographs together at home, and records of everyday cohabitation.
Social recognition: Form 888 supporting statements from family and friends, records of travelling together, photographs at gatherings with friends, and evidence of appearing together in your social circles.
Mutual commitment: plans to buy property, plans for life together, messages showing mutual support, and evidence of emotional commitment as long-term exclusive partners.
2. Arrange documents chronologically and leave no gaps
The safest approach is to organise evidence month by month from the start of the relationship. Even for periods spent apart, include records of calls, video calls, visits and money transfers. Ensure that the evidence covers the whole year without gaps and is traceable throughout, so the case officer can clearly see a complete, stable, long-term relationship.
Common applicant misconceptions
1. The wedding date is the relationship start date: a major misconception
The Department recognises the start of the relationship as the first day you formally began living together as partners, sharing your lives, combining your finances and making your relationship public, rather than the date of your marriage registration. Many couples live together for years before marriage but count only from the wedding date, unnecessarily discounting years of qualifying time.
2. Reaching the required duration after lodgement does not qualify you for simultaneous grants
Eligibility is determined as at the day of lodgement. If you have been together for only 2 years and 10 months when you apply, leaving 2 months until the 3-year threshold, reaching that duration after lodgement still does not allow you to qualify as a long-term partner relationship or seek simultaneous grants.
Summary: how to secure simultaneous partner visa grants
Simultaneous approval of Australian temporary and permanent partner visas comes down to two key points: meeting the statutory duration requirement at lodgement, and having an uninterrupted relationship supported by complete evidence. Duration is a fixed threshold, and evidence is the key to approval. Both are essential.
Do not rely simply on the passage of time. Misunderstanding the rules, missing evidence or a confused timeline can prevent you from benefiting from faster approval even after a 3-year relationship. Planning ahead and carefully organising evidence will help you make the most of migration policy and avoid the lengthy 2-year wait.
Professional advice
If you are unsure whether your relationship meets the duration requirement, whether living apart affects recognition, or whether your evidence is sufficient, or you want a precise assessment of your chances of simultaneous temporary and permanent visa approval, consult our professional migration legal team. We will help you build a complete relationship timeline, identify gaps and strengthen your evidence to give you the best possible chance of both visas being approved at once and shorten the migration process.
