reg 1.20J - the two-year-wait waiver (double grant pathway)
Normally the 801 permanent partner visa is granted two years after 820 lodgement, after a separate assessment. reg 1.20J permits a double grant (820 + 801 granted at the same decision) where the relationship is ≥ 2 years AND a child of the relationship exists at the time of decision. For Eduardo: both conditions will be satisfied at the ~2028 decision (relationship ~4 years; baby born Oct 2026). Modelled P(double grant fires) ~85-92%.
Primary source (via Schedule 2 cl 801.221)
(3) At least 2 years have passed since the application was made; OR at the time of the application:
(a) the spouse or de facto relationship between the applicant and the sponsoring partner has been in existence for at least 2 years; or
(b) there is a dependent child of the relationship; or
(c) [other compassionate/compelling circumstances]." Migration Regulations 1994 (Cth) Schedule 2 cl 801.221 (paraphrased - see reg 1.20J + the published operational policy for the exact text)
How double grant works
The Subclass 820 (temporary partner) and Subclass 801 (permanent partner) are linked: most applicants apply for both simultaneously with a single AUD $9,365 application charge and a single set of documents. The Department grants 820 first if the temporary criteria are met; the 801 assessment happens later.
The "two-year wait" arises from cl 801.221(3) which says: the 801 cannot be granted until at least 2 years after the application was lodged, unless one of the exceptions in (3)(a) / (3)(b) / (3)(c) applies.
For applicants who satisfy one of those exceptions at the time of decision, the Department can (and routinely does) grant both 820 and 801 at the same time. This is the double grant pathway.
Two routes into double grant
| Route | Condition | Typical timing |
|---|---|---|
| (3)(a) - long relationship | At time of lodgement, the relationship has been in existence for 2+ years | Double grant possible at first decision (often ~12-24 months post-lodgement) |
| (3)(b) - child of the relationship | At time of lodgement or before decision, there is a dependent child of the relationship | Same: double grant possible at first decision |
| (3)(c) - compelling/compassionate | Specific factors (e.g. medical, family violence) | Discretionary; rare |
Eduardo's case satisfies both (3)(a) and (3)(b) by the time of decision: relationship ~4 years; child born Oct 2026 (notified via Form 1022 with birth certificate).
My case
Child of relationship at decision: yes, baby due early October 2026; will be ~18-24 months old by the time of 801 assessment
reg 1.20J / cl 801.221 verdict: double grant pathway open
Modelled probability of double grant firing at decision: ~85-92%. Modlean:
doubleGrantOpen eduardoWaiverInputs = true
(kernel-checked).
Why this matters for planning
- Permanent residency timing. Without double grant, the 820 → 801 path is typically 4-5 years total. With double grant, PR can come at the first decision (potentially as early as ~2027, more realistically ~2028).
- What to maintain pre-decision. Continuing relationship genuineness (financial joint, household joint, social joint, commitment continuing) plus the birth certificate registered as a child of the relationship.
- Form 1022 within 28 days of birth. Notify the Department of any change in circumstance, including the baby's birth. This places the (3)(b) trigger evidence on the file.
Related
- Schedule 2 cl 820 (coming)
- Schedule 2 cl 801 (coming)
- Form 1022 - notification of changes (coming)