The Subclass 100 Partner Visa is the second and final step towards becoming a permanent resident of Australia. As with other Australian Partner Visas, you have to apply for the Subclass 100 Visa (permanent) at the same time as you apply for the Subclass 309 Visa (temporary).
You will get the temporary visa first and, two years after you travel to Australia, you can finally get the permanent visa. You will have to submit a few other documents prior to getting permanent residency but you do not need to pay another processing fee.
The reason you apply for both visas simultaneously, but do not get the permanent one until much later, is because the Australian government wants you to truly have close ties with Australia before you become a permanent resident.
Partner Visa Subclass 100 Conditions
To become eligible for the Subclass 100 Visa, you must meet the following conditions:
- You must have a Partner Visa 309.
- You must still be married or in a de facto relationship with your sponsor.
- You and your sponsor must have been in a relationship for at least two years or two years must have passed since you applied for the 309/100 Visa.
- During your relationship, you must have lived together.
- Your relationship must be exclusive and monogamous.
- You and your partner must be of good character.
- You must have paid any debts you have to the Australian government.
What Documents Do I Have to Submit for a Subclass 100 Application?
The documents you have to submit before can get the Partner Visa 100 are:
- Your passport, including the page with the signature.
- Documents proving your relationship with your partner is still ongoing. The documents are similar to what you already have submitted for the initial application:
- Marriage certificate.
- Proof of your defacto relationship.
- Proof you live together.
- Proof you share financial obligations.
- Proof you share your domestic obligations.
- Proof other people know about your relationship.
- Proof you have gone out with other people.
- Proof you have travelled together.
- Proof you are committed to each other and keep in touch even when you are apart.
- Proof you know about each other’s families and backgrounds.
- Proof you share custody of children.
- Two copies of Form 888 “Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application”. Two Australian citizens or residents whom you both know (friends or family) must complete this declaration.
- Australian police certificate.
- Police certificates from any country where you have lived in for longer than 12 months.
- Passports of all visa dependents.
- Police certificates for any dependents over the age of 16.
- Your partner’s passport.
- Your partner’s Australian driving licence.
- A completed copy of “Statutory declaration – Partner visa (sponsor)”. Your partner must complete this declaration, which you can download here.
- Documents related to any change in your situation. This could include:
- Marriage certificate, if you have gotten married.
- Birth certificate, if you had a child.
- Adoption certificate, if you adopted a child.
- Divorce papers, if you and your spouse divorced.
- Proof you have changed your name.
- A completed Form 929 “Change of address and/or passport details”, if you changed your address or passport.
Make sure to submit your documents no earlier than one month before the two-year mark of receiving your 309 Visa.
The documents you submit for any Australian visa have to be translated into English.
How to Go From 309 Visa to Subclass 100 Visa?
About two years after you received your 309 Visa, the Department of Home Affairs will notify you that they will start processing your Permanent 100 Visa and give you a list of documents you should provide. You will have to log into your ImmiAccount and:
- Complete Stage 2 – Permanent Partner Visa Assessment (100, 801).
- Attach the required documents on the ImmiAccount. Make sure you do not submit the documents earlier than one month before the 2-year period ends.
- Submit the application.
- Keep note of your Transaction Reference Number (TRN).
The reason for the second set of documents is to make sure that you are still in a genuine relationship and meet the criteria to get permanent residence in Australia.
Do I Have to Wait Two Years to Get the Subclass 100 Visa?
Usually, you will only be eligible for the Subclass 100 Visa two years after you receive the temporary visa. However, if you and your partner have already been in a long-term relationship before applying for the visa, you can skip the two-year waiting period. A long-term relationship for Subclass 100 Visa purposes is defined as:
- If you have been married or in a de facto relationship for longer than three years.
- If you have been married or in a de facto relationship for more than two years and have a dependent child together.
In these cases, when the application for the 309/100 Visas is processed, you will get permanent residence immediately. You do not need to submit any further documents or start a new application later on.
Cost of the Subclass 100 Visa
You do not need to pay any processing fee for the Subclass 100 Visa. You have already paid for it when you submitted your joint 309/100 Visa application.
But remember, that in addition to Australian visa fees, you will likely need to spend some money on police certificates, birth and marriage certificates, postage fees, etc.
Subclass 100 Visa Processing Time
From the moment you submit your documents for the Subclass 100 Visa and until you receive it, it takes one to two years. However, if you take into account the two years it took to process your initial 309 Visa application and the two years you spent in Australia as a temporary resident, it is approximately five to six years until you become a permanent resident in Australia.
What You Can Do Once You Have the 100 Visa
From the moment you get the Partner Visa 100, you will be able to live and work in Australia indefinitely as well as:
- Study in Australian universities.
- Get public healthcare benefits.
- Sponsor a relative to come to Australia.
- Take free English language classes.
- Apply for citizenship once you become eligible.
- Travel freely in and out of the country for up to five years.
Your Travel Rights as a Subclass 100 Visa Holder
For the first five years of your visa, you can travel as many times as you want in and out of the country. However, once five years have passed, you will either have to
- Get a Resident Return Visa (RRV). This visa serves sort of like a passport, allowing you to travel and re-enter Australia as a permanent resident. You will not have the same visa-free travel rights as an Australian citizen, however.
- Look into becoming an Australian citizen. If you become an Australian citizen, you can get a passport and you will be able to enjoy the full travel and social benefits.
Going From Subclass 100 Visa to Australian Citizenship
You become eligible to apply for Australian citizenship four years after you receive the Permanent Partner Visa. You must comply with the following requirements:
- You have to be a permanent resident at the time of application.
- You have to be in Australia when they decide on the application outcome.
- You must not have been out of the country for longer than 12 months in the four years prior to the application and for longer than 90 days in the 12 months prior to the application.
- You must have at least basic knowledge of the English language.
- You must have knowledge of the Australian culture and way of life as well as the responsibilities and benefits accompanying citizenship.
- You must understand and be committed to upholding the Australian values of freedom, respect and equality.
What If the Application is Rejected?
If the Department of Home Affairs rejects your application for the 100 Visa, you may be able to file for an appeal with the Administrative Appeals Tribunal (AAT). Make sure to do your research and learn what you need in order to file an appeal for Australian visa denial because the process is subject to strict rules.
If you make a mistake or apply past the deadline, your appeal will be rejected.