If My 801/100 Is Refused in 2026, Do I Still Hold a Partner Visa?

Updated 2026-10-11 · General information, not migration advice · Run by the Arrivau team

No. According to the Australian Department of Home Affairs' Partner Visa Frequently Asked Questions (FAQs) page, if your permanent Partner visa has been refused, you no longer hold a temporary Partner visa. The subclass 820 or subclass 309 visa you were living on does not continue in the background once the subclass 801 or subclass 100 decision is a refusal. The same page tells you to be aware of your visa status and to use VEVO to check your visa details and conditions.

This page explains the published rules in general terms and is not an assessment of your own case, so anything that turns on your particular history should be checked against the official pages cited here or with a qualified professional.

What happens to my temporary Partner visa when the permanent one is refused?

The Department treats the two stages as one paired application, and the refusal of the permanent stage ends your hold on the temporary one.

The official FAQ describes the permanent decision as "Stage 2 - Permanent Partner Visa Assessment (100, 801)" for people who hold a subclass 309 or subclass 820 visa, and it requires anyone withdrawing to withdraw both subclasses together — 309 with 100, and 820 with 801. A refusal at stage two therefore removes the visa you were holding, rather than leaving it in place while you decide what to do next.

What you hold afterwards is whatever VEVO records. That record, not the wording of the refusal letter and not your own assumption, is what describes your status from that point.

How do I check what visa I hold right now?

Open the Department's check visa details and conditions page in VEVO.

Enter the travel document and personal details it asks for.

Read the visa subclass it lists.

Read the grant date and the date the visa ceases.

Read every condition attached to the visa.

Save or print a copy of the result.

Re-check it after any further decision or update.

The Department points applicants to VEVO in two places relevant here: the Partner Visa FAQ, immediately after the statement that a permanent refusal ends the temporary visa, and the review-of-decisions page, which tells anyone with a visa decision under review to keep checking their current visa details and conditions there. If VEVO shows no visa, that is the position you are in.

Does the two-year rule keep my temporary visa alive after a refusal?

No. The two-year period in the Department's FAQ is an eligibility threshold for being assessed for the permanent visa at all, measured from the date you applied for the subclass 309 or subclass 820 visa. It is not a period during which a temporary Partner visa continues after the permanent visa has been refused.

The same two-year figure also gates priority processing requests: if you hold a subclass 309 or 820 visa and two years have not yet passed since you applied for it, the Department cannot consider a request to prioritise the application.

Does my refusal letter tell me whether I can challenge the decision?

Yes. The Partner Visa FAQ states that your refusal notification letter will tell you if you have the right to seek review of the Department's decision with the Administrative Review Tribunal (ART).

The ART has jurisdiction to review certain visa decisions made under the Migration Act 1958. The Department's review-of-decisions page adds that the relevant fees and charges for reviews are set out on the ART's own website, so that is where to look for the current amount.

Do I need to keep checking VEVO once a review is underway?

Yes. The Department's review-of-decisions page says that if you have a visa decision under review you should continue checking your current visa details and conditions using VEVO.

Lodging a review is a separate step from holding a visa, and the Department's own instruction is to keep reading VEVO rather than assume anything about your status. Conditions attached to whatever visa VEVO does show — including any limits on work, study or travel — still apply while the review runs.

Frequently Asked Questions

If my subclass 801 is refused, do I still hold my subclass 820 visa?

No. The Department's Partner Visa FAQ states clearly that if your permanent Partner visa has been refused, you no longer hold a temporary Partner visa. This applies to the onshore pair, subclass 820 and 801, and to the offshore pair, subclass 309 and 100. Your next step is to confirm what VEVO shows.

Does the same rule apply to subclass 100 and subclass 309?

Yes. The official guidance names both permanent subclasses — 801 and 100 — in the same statement about refusal. The subclass 309 visa ends in the same way the subclass 820 visa does when the paired permanent visa is refused. VEVO remains the way to confirm the outcome on your own record.

How do I check what visa I hold after the refusal?

Use VEVO through the Department's check visa details and conditions page. Enter the details it asks for, then read the visa subclass, the dates, and every listed condition. The Department repeats this instruction on its review-of-decisions page for anyone whose decision is under review.

Where do I find out whether I can seek review of the refusal?

Your refusal notification letter tells you whether you have the right to seek review with the Administrative Review Tribunal (ART). The ART can review certain visa decisions made under the Migration Act 1958. Fees and charges for reviews are published on the ART's website rather than by the Department.

Can I get the visa application charge refunded after a refusal?

Refunds are available only in certain circumstances, according to the Department's Partner Visa FAQ. There is no standard timeframe for processing a refund request; each request is assessed under the relevant legal authority or administrative rules.

What if my relationship ended because of domestic or family violence?

The Department's FAQ notes that you may still be eligible for the grant of your permanent visa in these circumstances, and points to the family violence provisions for detail. This is a separate pathway from the ordinary two-stage assessment and is described on the Department's family violence pages.