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:

1. You must already have been granted the temporary Partner visa (Subclass 309).
2. Your married or de facto relationship with your Australian partner must be ongoing and genuine.
3. Your Australian partner must continue to sponsor you for this visa until the visa is decided.
4. 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

1. You can typically apply for the Subclass 100 visa two years after lodging your initial Subclass 309 application.
2. 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
3. You may need to undergo new health examinations and provide updated police clearances.
4. 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:

1. You can live, work, and study in Australia indefinitely.
2. You'll be eligible for Australia's public healthcare system.
3. After serving waiting periods, you may access certain Centrelink benefits.
4. This visa is a stepping stone to Australian citizenship.
5. 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.