Partner (Migrant) Visa (Subclass 100)

The applicant will generally need to be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The applicant's spouse or de facto partner normally acts as the sponsor, and Home Affairs must approve the sponsorship. Individual circumstances and other visa criteria still need to be considered.

Home Affairs states that de facto applicants usually need to have been in their de facto relationship for at least 12 months immediately before applying. Exceptions can apply, including in certain registered relationships and specified compassionate or humanitarian circumstances. The correct treatment depends on the facts of the relationship, so individual assessment can be important.

For the Subclass 309 stage, the applicant and accompanying family members applying with them must be outside Australia when the application is made. Home Affairs states that the applicant may be in or outside Australia when the temporary Subclass 309 is decided. The permanent Subclass 100 can also be decided while the applicant is in or outside Australia.

In most cases, an applicant becomes eligible for consideration of the permanent Subclass 100 visa two years after the original Subclass 309 and 100 applications were made. Home Affairs identifies limited circumstances in which permanent residence may be granted earlier, including certain long-term partner relationships.

Home Affairs may require updated identity and character documents together with evidence that the relationship with the original sponsor remains genuine and ongoing. Relationship evidence can address financial arrangements, the household, social aspects of the relationship and the couple's commitment to each other. The documents required will depend on the applicant's circumstances.

Applicants should inform Home Affairs about relevant changes before a decision is made. A relationship ending does not automatically mean that a permanent Partner Visa cannot be granted. Specific provisions may be relevant in circumstances including the sponsor's death or domestic and family violence, so professional advice may be particularly important where circumstances have changed.

Eligible family members can be included when the initial Subclass 309 application is lodged. If a dependent child needs to be added after the Subclass 309 has been granted but before the permanent Subclass 100 decision, Home Affairs generally requires the child to first hold a Dependent Child visa (subclass 445).

Home Affairs states that the charge for the permanent Subclass 100 visa is paid when the temporary and permanent Partner Visa applications are originally made. Other expenses can still arise, including costs associated with health examinations or police certificates where required. Current government charges should always be checked before proceeding.

Home Affairs publishes current processing information through its visa processing time guide and makes clear that published times are a guide rather than a timeframe for an individual application. For Subclass 100, the processing period is calculated from the applicant's eligibility date, which is generally two years after the original paired Partner Visa application.

Subclass 100 is a permanent visa. Once granted, it allows the visa holder to live, work and study in Australia indefinitely, access Medicare, sponsor eligible family members and apply for Australian citizenship if eligible. It also carries a five-year travel facility from the date of grant.

Depending on the circumstances and agreed professional scope, assistance may include professional migration advice, document or application review, application preparation, organising supporting evidence, lodgement and responses to requests for further information. A free initial consultation can help identify the general nature of the enquiry and possible next steps, while detailed eligibility advice may require formal engagement.