We are pleased to share another successful outcome for one of our onshore partner visa clients.
Our client, a citizen of the United States who relocated to Australia to build a life with his Australian wife and children, has been granted both the:
• Subclass 820 (Partner — Temporary) visa, and
• Subclass 801 (Partner — Permanent) visa.
Both visas were granted on 7 May 2026, following lodgement of the application on 18 February 2025.
That is a total processing time of just under 15 months — with the permanent Subclass 801 granted at the same time as the temporary Subclass 820.
Why This Outcome Is Significant
According to the Department of Home Affairs’ published processing times for the Subclass 820:
• 50% of applications are processed in approximately 19 months
• 90% of applications are processed in approximately 24 months
In this case, our client’s application was finalised faster than the published median processing timeframe — and, crucially, the permanent Subclass 801 was granted at the same time as the temporary Subclass 820.
This means our client is now an Australian permanent resident.
Why Was the Subclass 801 Granted Immediately?
For onshore partner visa applications, the standard process is:
1. Subclass 820 (Temporary) granted first
2. Subclass 801 (Permanent) is assessed around two years after the date of application
However, in certain cases, the Department can grant the Subclass 801 at the same time as the 820 where the relationship is considered long-standing and well-established at the time of decision.
In this case:
• The couple had been in a long-term, committed relationship
• They were raising children together as a family in Australia
• They had relocated their family life to Australia together
• Evidence was provided across all four relationship pillars — financial, social, household, and the nature of the commitment
Because the relationship was clearly genuine, ongoing, and long-term, the Department was satisfied that permanent residency could be granted immediately.
What This Means for the Client
With the Subclass 801 granted, our client now has:
• Permanent residency
• Indefinite stay in Australia
• Full work and study rights
• Access to Medicare
• A pathway to Australian citizenship (subject to eligibility)
• A travel facility valid for five years
This avoids the usual waiting period between the temporary and permanent stages — a wonderful outcome for the whole family as they settle into life in Australia.
Onshore Partner Visa from the United States
The United States is generally considered a low-risk country in migration terms, but that does not mean applications are approved automatically.
Even for applicants from low-risk countries, we regularly see delays where:
• Evidence is poorly organised
• Statutory declarations are weak
• Relationship timelines are unclear
• Supporting documents are missing
A clear, well-evidenced, decision-ready application is critical — particularly where a couple is hoping the permanent Subclass 801 may be granted together with the temporary 820.
Thinking of Applying for a Subclass 820/801 Partner Visa?
If you are:
• Married to, or in a de facto relationship with, an Australian citizen or permanent resident
• Living in Australia
• Unsure whether you may qualify for immediate permanent residency
• Wanting to avoid unnecessary delays
We can help.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping partners, graduates, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you require assistance with your Subclass 820 partner visa application or have any other immigration-related queries, our experienced team can help.
Please book a free 15-minute discussion with our team if you have further questions.
Written for Ines Jusufspahic, LPN: 5511366
This article does not constitute legal advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.