After the 820 is granted — your rights and the two-year road to permanent residence (801)

The 820 grant email arrives after long months of waiting — congratulations. But right behind the relief comes a new set of questions: what does the 820 actually give me? When do I become permanent? Does the Department contact me, or do I have to do something? And is it really a “two-year wait” — two years from when, exactly?

The most important answer first, because so many people get it wrong: the two-year mark for the permanent stage is counted from the day you LODGED the original 820/801 application — not from the day the 820 was granted. With 820 processing now typically measured in years, many people receive their 820 with the two-year mark already close — or already behind them. Getting this date right reshapes your whole plan.

What the 820 gives you

The 820 is a temporary visa, but its entitlements are broader than almost any other temporary visa:

• Live, work and study in Australia without restriction — not tied to any employer, no hour caps, any course you like (note: tuition fees are still charged at non-permanent-resident rates, depending on institution and level).
• Full Medicare — no longer the interim Medicare of the bridging visa stage.
• Free travel: the 820 allows multiple entries — no more Bridging Visa B applications. Trips home to Vietnam from here on need no extra paperwork.

Two things the 820 does not yet give: entitlements tied to permanent residence (most Centrelink payments carry their own waiting periods; PR rights generally), and permanence itself — the 820 exists to carry you to the 801.

The two-year mark — from lodgement, not from grant

The onshore partner visa is a two-stage mechanism: you lodge one application covering both the 820 (temporary) and the 801 (permanent). The Department decides the 820 first; the 801 can only be assessed once 2 years have passed from the original lodgement date. Example: lodged January 2024, 820 granted June 2025 — the 801 eligibility mark is January 2026, just six months after the 820 grant, not some date in 2027.

Does the Department contact you, or do you apply?

The most practical question — and the answer is: don’t sit waiting for a letter. Under the current process, as the eligibility date approaches, the 820 holder submits the second-stage (801) documents through ImmiAccount (the process and required forms can change — check the current guidance on the Department’s website and inside your ImmiAccount). The Department may send reminders, but tracking the date and lodging your stage-two evidence is your responsibility. Set a calendar reminder today: original lodgement date + 2 years.

The evidence to keep building during this stage

The 801 stage assesses exactly one question: is the relationship continuing. That means the 4 evidence pillars still apply — now in their “settled life” edition:

• Financial: the joint account still transacting, joint names on the lease or mortgage, insurance, superannuation beneficiaries.
• Household: bills in both names at the same address across the years, official mail to the same home.
• Social: photos at family occasions over time, trips together, updated Form 888s for stage two.
• Commitment: the big shared-life milestones — children, a home purchase, a wedding (if stage one was de facto).

A practical habit: start a quarterly evidence folder the day the 820 is granted — collecting steadily each quarter is far lighter than excavating two years of data at the deadline.

When you can get the 801 directly — no two-year wait

Some applicants are granted permanent residence at the first decision, skipping the two-year temporary stage — most notably where the relationship was already long-term at lodgement (generally understood as 3+ years, or 2+ years where you have a child together — check the current rules for the precise definition). If you fit this group but find yourself on the two-year track, that’s a question worth raising in a consultation.

Your obligations while holding the 820

• Notify changes: address changes and changes in circumstances — update the Department through official channels.
• Comply with visa conditions and the law: character issues arising during this period feed directly into the 801 decision.
• Absolute honesty at stage two: the 801 is itself a visa decision — misleading information at this stage carries exactly the same consequences as at stage one.

If the relationship breaks down during the wait

Real life doesn’t run on visa timelines — some relationships fracture in this period. What you need to know immediately: separation does not automatically mean losing everything; the law has specific provisions for people who have experienced family violence, and situations involving shared children or the death of a sponsor are also handled separately. Don’t endure in silence out of fear of losing the visa — read the detailed guide: separation during the partner visa wait and the family violence provisions, and if you are experiencing violence, 1800RESPECT (1800 737 732) has Vietnamese interpreters.

The bottom line

The 820 is not a waiting room — it’s the fullest stage of life before permanence: work, study, Medicare, free travel. Three things make this stage run smoothly: remember the two-year mark counts from lodgement, build evidence steadily by the quarter, and proactively lodge the 801 stage through ImmiAccount when the date arrives. Want your stage-two file reviewed before lodging — or to check whether you qualify for a direct 801? Book a free assessment with VisaAffairs.

References

• Department of Home Affairs — Partner visa (onshore) 820/801 — the official two-stage process.
• Services Australia — Medicare — Medicare enrolment and entitlements.
• Global visa processing times — processing times updated monthly.

This article is general information current at publication. Australian migration rules change regularly — check the date and contact VisaAffairs before relying on it for your own case. Book a consultation for advice on your specific circumstances.