What Relationship Evidence Do You Need at the 801 Stage in 2026?
At the Subclass 801 stage you are not simply re-filing what won you the Subclass 820 visa. The decision-maker must be satisfied again, at the time of decision, that you are still the spouse or de facto partner of the sponsoring partner — that is clause 801.221(2)(c) of the Migration Regulations 1994. The relationship is then tested against the same four areas used at the temporary stage: financial aspects, the nature of the household, the social context of the relationship, and the nature of the commitment.
This page explains how the rules are structured for general information only and is not personalised advice on your own case; because every assessment turns on its own evidence, check the current official pages or take qualified professional advice before relying on it.
Does the 801 stage really re-open your relationship?
Yes. The Department of Home Affairs' Procedures Advice Manual (PAM3) states that relationship genuineness is reassessed rather than carried over from the 820 decision, and that the assessment is made on the evidence before the decision-maker at that later point in time.
Two legal definitions drive that assessment. "Spouse" is defined in section 5F of the Migration Act 1958, and "de facto partner" in section 5CB. The factors a decision-maker works through sit in regulations 1.15A and 1.09A, which are the regulations that set out the financial, household, social and commitment dimensions.
Holding the visa you came in on also matters. The guidance directs the decision-maker to check that you still hold a Subclass 820 visa, which is a requirement of clause 801.221. In practice the department's system sends a reminder around the 22-month mark asking for updated documents, which is the point at which most people upload their continuing-relationship material.
What does each of the four dimensions actually cover?
Financial aspects. Evidence here is about whether money is pooled or shared in a way that reflects a shared life: joint accounts, shared liability for household bills, joint loan or lease commitments, and who is named on insurance or superannuation nominations. The point is not the size of the amounts but whether the pattern is mutual.
Nature of the household. This looks at whether you live together and how the household actually runs: shared address history, how rent or mortgage and utilities are arranged, and how day-to-day domestic responsibilities are divided. Documents that show the same two people at the same address over time do more work than a single statement.
Social context. This covers whether the relationship is recognised by other people — how you are described by friends, family, employers, community or religious groups, and whether you attend events together. Statements from third parties, shared memberships and photographs taken across different occasions all speak to this dimension.
Nature of commitment. This is about the longevity and seriousness of the relationship: how long you have been together, whether you have made joint plans, and how you support each other. Suppose an applicant and sponsor have kept separate addresses for work reasons but have two years of continuous joint finances, shared caring duties for a child, and consistent recognition by both families; the regulations allow that kind of arrangement to be weighed as a whole rather than dismissed on one factor alone.
How far back should the evidence run?
Clause 801.221(2)(d) sets the baseline: at least two years must have passed since the 820/801 application was made. That two-year window is why the evidence trail matters — a folder assembled in the last month before the reminder email cannot show continuity across the period.
There is a carve-out. Regulation 1.03 defines a "long-term partner relationship" as one that has existed for not less than three years, or not less than two years if there is a dependent child of the relationship. Where that definition is met at the time of application, clause 801.221(6A) disapplies the two-year wait, and the guidance says the grant can be made immediately.
What if the relationship has ended before the decision?
The regulations provide narrow paths that still lead to a permanent visa.
If the relationship has ended and there has been family violence committed by the sponsoring partner, clause 801.221(6) applies. The evidence must meet regulation 1.23 and the requirements of Division 1.5 of the regulations — independent material such as court orders, police records or documentation from professional support services, rather than a bare account. The guidance also notes that the violence does not have to be the cause of the breakdown.
Child-based cases sit in the same clause. Applicants who have custody, access or a formal maintenance obligation in relation to a child of the sponsoring partner need orders or formal obligations under the Family Law Act 1975; informal arrangements are not enough.
Where the sponsoring partner has died, clause 801.221(5) requires the decision-maker to be satisfied the relationship would have continued but for the death, and clause 801.221(5)(d) additionally asks whether the applicant has developed close business, cultural or personal ties.
What else is checked at the same time?
Relationship evidence is only one part of the file. The public interest criteria in clauses 801.223 and 801.224 apply, including 4001 and 4002 (character), 4007 (health) and 4020 (false or misleading information). PIC 4019 also applies to applicants who were 18 or over at the time of application.
On character, the guidance expects police certificates for each country the applicant has lived in for 12 months or more since the 820 was granted, with certificates generally treated as valid for 12 months. On health, if a valid health clearance or waiver was already given at the 820 stage, it is usually not repeated at 801; new medical information or suspected non-disclosure can change that.
Two further points catch people out. Clause 801.224 applies a "one fails, all fails" rule — every family member included in the application must satisfy the public interest criteria before the main applicant can be granted. And applicants affected by section 48 of the Migration Act must lodge a sponsorship form (40SP) together with two statutory declarations, or the application may be invalid.
Finally, keep your contact details current and use your ImmiAccount for any request. The guidance requires the decision-maker to make reasonable efforts to reach an applicant, but if there is no response the decision can be made on the material already held.
What happens if the 801 is refused?
A refusal can be reviewed by the Administrative Appeals Tribunal (ART). The guidance refers to a 21-day period from notification, and review rights are only available if the applicant is in Australia at the time of the decision.
Refusal also interacts with the temporary visa. Where the 820 ceases because of the 801 refusal but the tribunal remits the matter or substitutes a decision that all criteria other than holding the 820 are met, clause 801.221(8) allows the 801 to be granted without the applicant having to hold the 820 again. Where a tribunal remits the 820 decision, the guidance says the 801 should then be finalised promptly unless there is significant new evidence suggesting the relationship is not genuine.
Frequently Asked Questions
Do I need to submit a separate 801 application?
Usually not. The 820 and 801 are lodged as a combined application, and the guidance states no separate 801 form is required; the department instead invites updated documents, typically around 22 months after lodgment.
Is old 820-stage evidence enough on its own?
No. Because the assessment is made on the evidence at the time of decision, material from the 820 stage shows history but does not show that the relationship is continuing. Evidence dated across the two-year period is what responds to that test.
Is the 801 visa permanent?
Yes. It is a permanent residence visa with a five-year travel facility attached (clause 801.511), which is separate from the residence status itself.
Can I get the 801 early if we have been together for years?
Possibly. If you were in a long-term partner relationship at the time of application — not less than three years, or not less than two years with a dependent child — clause 801.221(6A) removes the two-year wait.
Does family violence need to be the reason we separated?
No. The guidance states the violence need not be causally linked to the end of the relationship; what matters is that it occurred during the spouse or de facto relationship and is evidenced to the Division 1.5 standard.
What if my partner and I live apart for work?
Living apart does not automatically defeat the application. The regulations require the whole picture to be weighed, so evidence of joint finances, shared household arrangements where they exist, social recognition and mutual commitment can still support the relationship.