The 820 was granted last month and you both exhaled. Then the grant letter mentioned a second stage, and the question in the group chat was whether the two years start now. They do not. The permanent 801 is assessed two years after the date the 820 application was made, which for most couples is a date that has already passed by a year or more. That changes what you should be doing this week, because the update request the Department sends is not a fresh application. It is a request for evidence of the two years since you lodged, and the couples who scramble are the ones who did not know the clock was already running.
Short answer: The 801 is assessed from two years after the 820 lodgement date, not the grant date, on evidence that the relationship is continuing. There is no second charge; the $11,710 paid at lodgement covers both stages. Collect evidence under the four pillars as you go, month by month, and the update becomes a fortnight of collation rather than a panic.
The date that starts the clock
Regulation 801.221 ties the permanent stage to the day the 820 application was made. Two years after that day, the Department can assess the 801, and it sends a request for further evidence around then. A couple who lodged in March 2025 and were granted the 820 in February 2026 are assessed for the 801 from March 2027, thirteen months after the grant. Therefore the year you are in matters more than the year you think you are in. Work out the lodgement date from the acknowledgement letter and write it on the fridge.
Two groups skip the wait. Couples who had been together for three years at lodgement, or two years with a dependent child of the relationship, can be granted the 801 with the 820. If that was you and the grant letter says 820 only, ask why before the two years run.
What year one and year two each have to show
Year one is usually spent on a bridging visa or the fresh 820, and the evidence is about settling. A lease or mortgage renewal in both names, the joint account used for real life, both names on utilities and insurance, Medicare and tax records at the same address, and photographs with dates from the events of the year. Any period apart, for work or family overseas, is noted at the time with the reason and the return date. Consequently, the file for year one is mostly documents you would create anyway; the work is keeping them.
Year two is where the Department looks for continuity, not a repeat of year one. Renewals, not first signings. The same joint account, still used. A new Form 888 from someone who has seen you as a couple recently, because the declarations lodged with the 820 are now two years old. Any change of address with both names moving together. If a child was born, the birth certificate naming both of you. If either of you changed jobs, the payslips showing the same home address.
The request asks for updated statements from both of you, at least two new Form 888 declarations, evidence under the four pillars for the period since lodgement, and confirmation from the sponsor that the relationship is continuing. New police certificates may be requested if the old ones are more than twelve months old. There is no new charge. The submission is short if the evidence is organised, and the evidence page sets out what carries weight.
A month by month collection plan
- Month 0The 820 is lodged. Start one folder with four sections: financial, household, social, commitment. Save the acknowledgement letter and note the lodgement date.
- Month 3First quarterly drop: bank statements for the joint account, one utility bill, one dated photograph with the people named. Ten minutes.
- Month 12Lease renewal or mortgage statement in both names. Tax returns lodged from the same address. Note any travel apart and why.
- Month 18Ask two people who see you regularly whether they will sign a Form 888 in six months. Update wills or superannuation nominations if they were never done.
- Month 22We send the update request draft. Both statements are written, the new Form 888s are witnessed, and the folder is collated into a single indexed bundle.
- Month 24The Department’s request arrives, or the 801 is assessed on the file. The bundle is uploaded within days rather than weeks.
We separated for a few months and got back together. Does that end the 801?
Not necessarily. The test is whether the relationship is genuine and continuing at the time of assessment, and a temporary separation with reconciliation is different from a permanent one. It has to be explained in both statements with dates, and the evidence after reconciliation matters most. Say it before the Department finds it in the bank statements.
When the relationship does not continue
The 801 cannot be granted if the relationship has ended, with three exceptions. Family violence by the sponsor, evidenced under the family violence provisions, can still lead to the permanent visa. The death of the sponsor can, where the relationship would have continued. And a child of the relationship with shared custody or access can. Each is a submission with its own evidence, and each has to be raised with the Department promptly. Silence during a separation is the one thing that makes all three harder. If the relationship is ending, talk to us before the update is due, because timing and evidence decide these files. The refusals and review page covers what happens if the 801 is refused.
The sponsor’s side of year two
The sponsor confirms in writing that the relationship is continuing and that the support undertakings have been met. A sponsor who moved overseas for work, changed name or was convicted of an offence in the two years needs that dealt with in the update, not discovered from records. The sponsor requirements page lists what is checked.
The folder, kept as you go
The 820/801 page has the charges and the stages in one place, and the fixed fee we quote covers both stages, so the month 22 update is not a new engagement.
Government charges verified against Home Affairs visa pricing as at 1 July 2026. The two year rule is clause 801.221 of Schedule 2 to the Migration Regulations 1994.
Frequently asked questions
When can the 801 be granted?
Two years after the 820 application was made, provided the relationship is still genuine and continuing. Couples together for three years at lodgement, or two years with a dependent child, can be granted the 801 with the 820.
Do we pay again for the 801?
No. The $11,710 charge paid with the 820 covers both the temporary and the permanent stage. New police certificates or health checks, if requested, are paid to third parties.
Will the Department contact us or do we have to apply?
The Department usually sends a request for further evidence around the two year mark. You do not lodge a new application, but you should have the evidence ready before the request, because the deadline in it is fixed.
Do we need new Form 888 declarations for the 801?
Yes, at least two, from Australian citizens or permanent residents who have seen you as a couple in the two years since lodgement. The declarations lodged with the 820 are too old to carry the second stage on their own.
What if we are living apart when the 801 is assessed?
Explain why in both statements, with dates and evidence of the reason. Work or family obligations that keep a couple apart do not end a relationship. A permanent separation does, unless the family violence, death of sponsor or child of the relationship provisions apply.
General information as at 17 September 2026. Not legal advice. The permanent stage turns on your own evidence and circumstances, so obtain advice before responding to the Department.