100 Partner Migrant Visa
Your Path to Permanent Residency in Australia
The Subclass 100 visa is a permanent residence visa designed for partners of Australian citizens, permanent residents, or eligible New Zealand citizens. It's the second stage of the offshore Partner visa process, following the temporary Subclass 309 visa.
Eligibility Criteria
To be eligible for the Subclass 100 visa, you must meet the following requirements:
- You must already have been granted the temporary Partner visa (Subclass 309).
- Your married or de facto relationship with your Australian partner must be ongoing and genuine.
- Your Australian partner must continue to sponsor you for this visa until the visa is decided.
- You must meet Australia's health and character standards.
Timing of Application
It is crucial to apply for the 100 visa at the correct time. Applicants should be prepared to lodge their application as soon as they reach the two-year mark from their initial 309 application date. The Department of Home Affairs does not have an obligation to always send reminders, so applicants must track this date independently.
Sponsorship Requirements
- Must be the same individual who sponsored the 309 visa application
- Should be an Australian citizen, permanent resident, or Eligible New Zealand citizen
- Aged 18 or older
- Must not have sponsored another partner within the past five years
- Must not have sponsored more than 2 people in their lifetime
- Must not have been granted a partner visa themselves within the past five years
- Required to provide police clearances
- Must have no record of violence against women or children
Direct permanent residency
If you and your partner are in a long-term partner relationship in the eyes of the Department and meet the evidentiary threshold, you may be eligible for an immediate grant of your permanent residency, without having to go through the temporary stage(s) first.
A "long-term" partner relationship under Migration Regulations is defined as:
- A spousal or de facto relationship lasting at least 3 years, or
- A spousal or de facto relationship of at least 2 years if there's a dependent child of the relationship
"Dependent Child of the relationship" typically refers to:
- A biological child of both the visa applicant and sponsor
- A child born through surrogacy to both parties
- A child adopted by both the visa applicant and sponsor
Step-children are generally not considered "children of the relationship" for these requirements.
Immediate permanent residency is not automatically considered by the case officer. Sufficient relevant supporting evidence and formal written request must be provided to the Department.
Application Process
- You can typically apply for the Subclass 100 visa two years after lodging your initial Subclass 309 application.
- You'll need to provide updated evidence of your relationship's genuineness and continuity. This may include:
- Financial documents showing continued shared responsibilities
- Evidence of continued living together
- Social aspects of your relationship (e.g., joint travel, shared social circles)
- Evidence of continued commitment to each other
- You may need to undergo new health examinations and provide updated police clearances.
- The application is typically lodged online via immiaccount through the Department of Home Affairs website.
Benefits of the Subclass 100 Visa
Obtaining a Subclass 100 visa comes with numerous advantages:
- You can live, work, and study in Australia indefinitely.
- You'll be eligible for Australia's public healthcare system.
- After serving waiting periods, you may access certain Centrelink benefits.
- This visa is a stepping stone to Australian citizenship.
- You can travel in and out of Australia for five years from the visa grant date.
Important Considerations
- Current average processing times range from 10 months for 50% of applications to 21 months for 90% of applications, though individual cases may vary. This processing time can also be adjusted from month to month.
- If your relationship ends before the Subclass 100 visa is granted, you must inform the Department of Home Affairs within 14 days of the change occurring.
- While the visa itself is permanent, the travel facility lasts only 5 years. After this, you'll need a Subclass 155 Resident Return Visa (RRV) to re-enter Australia as a permanent resident.
Progression to Citizenship
Obtaining a 100 visa is an important step towards Australian citizenship. To be eligible for citizenship, applicants generally need to live in Australia for four years on a valid visa, with the last 12 months as a permanent resident. Additional eligibility requirements apply. We will examine these requirements in detail in an upcoming article.
The content on this page does not constitute legal or immigration advice. Australian immigration doesn't have to be complex and we can help with your unique circumstances. To seek legal advice or information that is specific to your situation, please enquire now.
FAQs for the 100 Visa
Can I visit Australia first before applying for a partner visa?
Whether or not you should apply for a visitor visa before applying for a partner visa depends on your individual circumstances, your intentions, and your current visa status. Here's a breakdown to help you decide:
A visitor visa (such as Subclass 600) is designed for people who intend to visit Australia temporarily for tourism, business, or to visit family and friends. If your primary intention is to visit your partner in Australia while you prepare to lodge a partner visa application, a visitor visa might be a suitable short-term solution.
If you are in Australia on a visitor visa, you can apply for an onshore partner visa (Subclass 820/801). Once you apply for the partner visa, you will typically be granted a Bridging Visa A (BVA), which allows you to stay in Australia lawfully while your partner visa application is processed.
Keep in mind that if you apply for a visitor visa with the intention of transitioning to a partner visa, the Department of Home Affairs may scrutinize your visitor visa application to ensure it's genuine and that you intend to comply with the conditions of the visitor visa (e.g., not working, not studying beyond three months). Misrepresenting your intentions could lead to complications or even refusal of your visitor visa application.
Pros and Cons:
Pros:
- Applying for a visitor visa allows you to be with your partner in Australia sooner while you prepare your partner visa application.
- It provides flexibility, especially if you are unsure about the timeline for lodging your partner visa application.
Cons:
- Visitor visas typically have conditions such as "No Further Stay" (Condition 8503), which may prevent you from applying for another visa (such as a partner visa) while in Australia.
- If the Department suspects that your real intention is to stay long-term rather than visit temporarily, your visitor visa could be refused.
When it's ok to proceed:
- If you do not need to lodge your partner visa application immediately, you're from a low-risk country (especially one of the Five Eyes) and want to spend some time with your partner in Australia, applying for a visitor visa could be a good interim option.
- If you plan to apply for the partner visa onshore and want to ensure you're with your partner during the processing period, starting with a visitor visa might make sense.
When it's not ok to proceed:
- If you need to lodge your partner visa application soon due to visa expiry or other urgent circumstances, it might be better to apply directly for the partner visa without first obtaining a visitor visa.
- If you're concerned about getting a "No Further Stay" (8503) condition on your visitor visa, which could complicate your partner visa application, you might prefer to avoid the visitor visa route.
Do I need to be in Australia when applying for or being granted the Subclass 100 visa?
No, you can be either in or outside Australia when you apply for and are granted the Subclass 100 visa.
Do I need to provide new police checks and health examinations for the Subclass 100 visa?
You may be asked to provide new police checks and undergo health examinations, especially if your previous ones have expired. The Department will inform you if these are required.
How long do I need to wait before I can apply for the Subclass 100 visa?
Typically, you become eligible to apply for the Subclass 100 visa two years after lodging your initial Subclass 309 visa application. The Department of Home Affairs will usually contact you when it's time to provide information for the second stage of processing.
What happens if my relationship ends before I'm granted the Subclass 100 visa?
If your relationship ends before the Subclass 100 visa is granted, you must inform the Department of Home Affairs immediately. In some cases, you may still be eligible for the visa if you can prove family violence, if you have a child from the relationship, or if your partner has died.
I've lodged my prospective marriage visa and have been waiting for quite some time for it to be processed. My partner and I have married before receiving a decision on my prospective marriage visa application. What are my options now?
In a situation like this, you are required to update the Department regarding any changes to your circumstances. When you provide your marriage certificate and inform the Department of this change in your relationship status, you are taken to have also applied for a subclass 309/100 partner visa application under the law from the date that the Department receives this information.
You may be requested by the case officer to withdraw your existing subclass 300 prospective marriage visa application. You will be expected to provide additional supporting evidence as a subclass 309/100 partner visa applicant.