Temporary to Permanent Partner Visa Australia: What Happens Next?

Getting a Temporary Partner visa is a major achievement in itself, but for a lot of couples it’s just the first step on the road to permanent residence in Australia. Knowing what happens after you’ve got your Temporary Partner visa can be very useful in terms of planning and avoiding any potential problems. If your circumstances are complex, speaking with a Partner visa lawyer can also help you understand what to expect at the next stage.

Australia has a number of Partner visa options. Each one is different and what happens next is going to be very much dependent on your particular visa and how your circumstances evolve. Knowing your pathway from the outset will go a long way to making the transition from temporary to permanent residence much smoother.

Temporary to Permanent Partner Visa Australia What Happens Next

How temporary-to-permanent pathway works?

The three main pathways can be summarised simply:

Starting visa Next stage Permanent visa
Subclass 300 820/801 after marriage Subclass 801
Subclass 309 309 temporary stage Subclass 100
Subclass 820 820 temporary stage Subclass 801

The Department says that subclass 300 allows a prospective spouse to come to Australia to marry and then apply for a Partner visa. Subclass 309 is the first stage of the offshore Partner visa pathway and subclass 820 is the temporary stage for those applying onshore.

Subclass 300: Marriage comes before the Partner visa stage

The Prospective Marriage Visa (subclass 300) is different to the 309 and 820 visas as it’s for people who intend to marry.

This visa generally allows you to stay in Australia for 9 to 15 months from the date of grant. If you’re intending to settle in Australia, you’ll need to get married and then apply for the Subclass 820/801 Partner visa prior to your Subclass 300 visa expiring.

This means the overall pathway can look like:

Subclass 300 » Marriage » Subclass 820/801 » Permanent residence

You shouldn’t be counting the permanent stage timeline from the date the subclass 300 was granted. Once you go down the 820/801 route, the date you apply for your Partner visa is the date that counts.

If anything changes prior to your 300 application being decided (e.g. if you get married) you should let the Department know as your visa route may be affected.

Subclass 309 and 100: the offshore Partner pathway

If you’re already married or in a qualifying de facto relationship and you’re applying from overseas the Subclass 309/100 route may be the one for you.

The 309 is the temporary/provisional visa. 100 is the permanent visa, and you apply for both at the same time.

The 309 allows your partner to live, work and study in Australia whilst your permanent visa is being processed. You’re generally assessed for the permanent visa after two years from the date of application for both visas.

This doesn’t mean that you automatically get PR after two years – you still have to meet the requirements for the permanent visa.

Subclass 820 and 801: the onshore pathway

If you’re eligible and you apply in Australia, your route is normally 820 first and then 801.

The 820 is the temporary Partner visa and the 801 is the permanent Partner visa. The Department state that if you have a temporary 820 you are usually eligible for the permanent stage assessment two years after you’ve applied for both visas.

The Dept. won’t just hand you PR after two years have elapsed. If you’re eligible, you can go through ImmiAccount to submit your information and supporting documents for the permanent stage assessment.

What should couples do during the temporary stage?

Don’t stop thinking about your application during the period between temporary and permanent residence.

Your circumstances could well change. You could move, you could change jobs, you could have a child, you could spend time apart, you could go through all sorts of other changes in the relationship.

Keep your records up to date, and if there are any significant changes, report those. Your relationship evidence should reflect your actual life together rather than just being put together at the permanent stage assessment.

For instance, you and your partner may have separate bank accounts but may pool the rent, the domestic duties and the major expenses. You may be spending months apart due to work. Those sorts of circumstances in themselves won’t stop you from getting PR but you would need to explain them and provide the appropriate evidence.

What if the relationship ends?

If your relationship breaks down, then that can have an impact on your permanent partner visa route, though the outcome of a separation isn’t necessarily the same for all.

There are special rules which may allow you to continue on your way to permanent residence if you’re experiencing family violence, your sponsor dies or there are certain child issues. Home Affairs state that an eligible Partner Visa applicant may still be able to obtain their permanent visa after the relationship has ended if the family violence rules apply.

Plan Beyond the Temporary Partner Visa

A temporary Partner visa is of course just one step on the way to permanent residence. If you’re starting with a 300, 309 or 820 visa, your next steps will be different depending on your visa and your circumstances. Keeping your relationship evidence up to date and getting advice when things change can go a long way to giving you confidence as you move into the permanent residence stage.

About the Author

Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers and Efamily Lawyers. An Australian lawyer of Nepali origin, he specializes in advising individuals, families and businesses on Australian immigration law, employer sponsorship, visa refusals, merits review, judicial review and migration-related family law.

Madhab was named the winner of the Migration category at the Lawyers Weekly 30 Under 30 Awards 2026. Emigrate, Lawyers was also recognized by APAC Insider as Best Immigration Law Firm 2025 – Australia and received its Client Service Excellence Award 2025.

It’s a mix of legal acumen, cultural awareness and practical advice with an emphasis on enabling clients to make the right decisions at key points in their professional and personal lives.

This article provides general information and does not constitute legal advice. Migration and employment circumstances should be assessed individually.

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