100 Visa – Offshore Permanent Partner Visa Requirements 2024
Who is 100 Visa for?
100 Visa is for the spouse or de facto partner of an Australian citizen or permanent resident or eligible New Zealand citizen who holds a valid 309 (Temporary Offshore Partner) Visa. 100 Visa is the final stage of the permanent residency pathway through offshore Partner Visa. And this content will cover all you need to know about Partner Visa 100 including the requirements, checklist, cost, processing times and application process.
Am I eligible for 100 Visa?
To be eligible for the 100 visa, you must meet the following requirements:
- You must be at least 18 years of age
- You must be in a de facto relationship or married to an Australian citizen, permanent resident or eligible New Zealand citizen.
- You can be in or outside of Australia when you apply for the visa.
- You hold a valid 309 Visa.
- You must provide a valid marriage certificate as proof of marriage.
- Your de facto relationship must have existed for at least 12 months immediately before you apply for the visa, if you apply on de facto relationship basis.
- The 12-month requirement will not apply if you have registered your relationship with an Australian authority.
- Your partner is your sponsor.
- You must meet health and character requirements.
- You must not have any debt to the Australian Government. If you or any family members owe the Australian government money, you or they must have paid or arranged to pay it back.
- The Department might not grant this visa if it is not in the best interests of an applicant under 18.
Does my relationship meet the criteria?
You must be either married or in a de facto relationship to be eligible for the 100 Visa. The definition or validity of a marriage or de facto relationship in other countries might be different to Australian law. So, it’s important to understand the definition and validity of a marriage and de facto relationship according to the Australian law.
Marriage
If you’re married to your Australian spouse, you must ensure that:
- You were at least 18 years old when the marriage was held.
- Your marriage is valid under Australian law (including if your marriage took place overseas).
Some marriage arrangements that might not meet the Australian law are underage or polygamous marriages.
De Facto Relationship
Being in a de facto relationship under Australian law means:
- You and your partner are not legally married.
- You and your partner have lived together on one roof for at least 12 months.
- You and your partner are not related by family.
Apart from these requirements, you must also ensure that you and your partner are:
- In a genuine and continuing relationship.
- Committed to a shared life excluding all others.
- Not living separately on a permanent basis.
Can my boyfriend or girlfriend be considered as my de facto partner?
Yes, you can, but only if you have lived on one roof with your Australian boyfriend or girlfriend for at least 12 months.
But, if you’re dating your Australian boyfriend or girlfriend casually, and never live together with them, you can’t claim them as your de facto partner.
If certain conditions prevent you from living together with your Australian boyfriend or girlfriend, like your home country law does not legalise de facto relationship, consider registering your relationship to the state where your boyfriend or girlfriend lives. It can strengthen your 100 Visa application.
100 Visa Five Steps Application Process
Step 1: Check your eligibility for the visa
There are many requirements for this visa but the crucial point is that your partner must be an Australian citizen or an Australian permanent resident. In addition, you must have already held a 309 Visa and it has been 2 years since the lodgment of your 309 Visa.
If you’ve met these situations, then you can lodge your 100 Visa either in or outside Australia.
Step 2: Gather all required documents
Once you have met all the criteria and requirements, you need to start preparing documents and applying for a Permanent Partner visa (subclass 100).
Note that the required documents for marriage based and de facto relationship based Permanent Partner Visa (subclass 100) is different.
Step 3: Submit 100 Visa application
Once you’ve gathered all documents, you can submit your 100 Visa application through the online portal, IMMI Account. It usually appears as second stage application there.
Step 4: Wait for the decision
The Visa 100 processing time varies, depending on each case.
Your 309 Visa will remain active during the process of your 100 Visa application.
You can work or study in Australia while waiting for the decision. And don’t forget to keep uploading the evidence of your relationship regularly.
Step 5: Visa outcome
The Department of Home Affairs will notify you in writing whether they grant or refuse your 100 Visa application.
If your 100 Visa is granted, you can continue living in Australia indefinitely.
But, if your 100 Visa is refused, you can either lodge a review application to the AAT or you’re most likely required to leave the country.
Is sponsorship application mandatory for 100 Visa?
Sponsorship application is not mandatory for 100 Visa. The Department of Home Affairs will assess your sponsor through the sponsorship application that was previously submitted together with your 309 Visa application.
What happens after you lodge the 100 Visa application?
Your 309 Visa will remain active. So you can live, work and study in Australia with no limitation. You can still travel overseas during the process of your 100 Visa application.
Your 309 Visa will still be valid until you receive the decision for your 100 Visa application.
Partner Visa (subclass 100) document checklist
The document checklist for Partner Visa 100 is differ for the applicant, sponsor and to evident the relationship:
- Partner Visa 100 document checklist for applicant:
- identity documents;
- police clearance from home country;
- police clearance from other countries where the applicant has lived for 12 months or more;
- evidence of valid 309 visa;
- evidence of citizenship status at home country;
- passport-sized photograph
- Partner Visa 100 document checklist for sponsor:
- identity documents;
- Australian Federal Police Certificate;
- police certificate from other countries where the sponsor has lived for 12 months or more;
- evidence of status as a citizen or permanent resident or eligible New Zealand citizen;
- passport-sized photograph.
- Partner Visa 100 document checklist to evident the relationship:
- financial aspect – i.e.joint bank account, evidence of income, etc.
- household aspect – i.e. joint utility bills, joint rent agreement, etc.
- social aspect – i.e. photos with family or friends, documentation of joint travel, documentation of joint social events, etc.
- commitment to the relationship – i.e. marriage certificate, evidence of de facto relationship, etc.
Find the complete Partner Visa 100 Document Checklist: Document Checklist For Australian Spouse Visa 2024
How long does it take?
The current average processing time for Partner Visa 100 Visa is between 11 to 45 months. But, the Visa 100 processing time can take longer if you don’t fill the application correctly or don’t provide sufficient documents.
It is important to ensure that you have provided all the required documents and fill out the application correctly so that your Permanent Partner Visa application can get approved by the Department of Home Affairs.
Be noted that the above 100 Visa processing time might change depending on the visa backlog, too. So it’s best to check 100 Visa the processing time regularly through link below:
Can I get the 309 Visa and 100 Visa at the same time?
It’s possible, but only in certain cases. In general, if you’re in a long and committed relationship, the Department of Home Affairs may grant you the 309 Visa and 100 Visa at the same time.
For example, you have been married to your Australian spouse for more than 3 years, or you have been in a de facto relationship for more than 2 years and have a child with your partner.
100 Visa Cost 2023
There is no cost for the 100 Visa. The cost is combined with the Temporary Offshore Partner Visa (subclass 309), which is AUD 8,850 as per July 2023. There is also a charge for each family member who applies for the visa with you.
Please be noted that the visa fee for Partner Visa 100 might increase in July every year.
Can I include my children?
Yes, you can include your dependent child in your 100 Visa application, but there are two possible scenarios here:
- You have included your dependent child in your 309 Visa application
- If this case applies to you, you can simply add your dependent child in your 100 visa application.
- You have not included your dependent child in your 309 Visa application
- If this case applies to you, the process will be different. Firstly, you must get your dependent child a Dependent Child (subclass 445) Visa. After that, you can include them in your 100 Visa application.
Be noted that they must meet the age, health and character requirements.
What can I do as a Partner Visa 100 holder?
If you are granted a Permanent Partner Visa (subclass 100), this visa will be valid indefinitely, so you can live legally in Australia with no limit. Other than that, you will get the following benefits by holding a 100 Visa:
- Study and work in Australia with no restriction.
- Enrol in Medicare.
- Sponsor your family members to Australia.
- Join the free Adult Migrant English Program (AMEP).
- Travel freely in and out Australia for 5 years.
- Apply for citizenship (if eligible).
What happens if the travel facility expires?
Your 100 Visa comes with a “travel facility” for 5 years from the date of the grant. The travel facility allows you to travel to and from Australia as many times during the 5 years period.
Once it expires, you need to extend the travel facility by applying for a Resident Return visa (subclass 155/157) so you can re-enter Australia as a permanent resident.
Can I apply for Australian Citizenship after getting the 100 Visa?
You may apply for Australian citizenship after getting your 100 Visa if you are eligible. Ensure to meet all requirements for Australian citizenship, such as the residency requirements, character requirements, etc.
Can Partner Visa 100 get refused?
Your permanent partner visa application will be refused if you are unable to demonstrate that you and your partner are still in a genuine and continuing relationship.
That’s why it is important during the 2 years period that you and your partner gather all the documents required for this visa and continue to meet the relationship requirements.
What if my 100 Visa gets refused?
Generally, the Department or the Administrative Appeals Tribunal cannot review a permanent partner visa refusal. But it’s better to double check the review right stated on the refusal letter.
If you’re given a review right, you can submit a review application to the AAT. You must pay for another AAT fee, which is AUD 3,374. The process is quite long and complex. The important thing to do is to prove that the decision was incorrectly made, and that your relationship is genuine and continuing.
Partner Visa 100 Frequently Asked Questions
ONE derland Consulting managing director and also registered migration agent, Indah Melindasari, B.Com (MARN 0961 448) is here to answer your questions!
- Is there any sponsorship limitation?
- Yes, it is. The sponsor can only sponsor a maximum of 2 partners during their lifetime.
- If the sponsor has previously sponsored another partner, they need to wait at least 5 years since the date of their first visa lodgement.
- If your partner was granted the partner visa by themselves, they would need to wait at least 5 years since they lodged their previous visa.
- What would happen if my sponsor died during my visa application process? Does that mean my visa got cancelled?
- If your sponsor dies during the visa process, you may still be granted your visa.
- Before that, you need to inform the Department regarding this information. You need to provide evidence which shows your relationship will continue if your partner is still alive and you have developed close business, cultural or personal ties in Australia.
- What if my relationship has ended? What should I do with the application?
- You need to notify the Department that you are no longer in a relationship with your partner.
- As an applicant, usually, you will have 28 days to comment and provide additional information as to why your visa should be granted.
- If you are the sponsor and would like to no longer want to sponsor your partner, you need to write the letter to the Department stating that you don’t want to sponsor your partner and would like to withdraw the application.
- Can I apply this visa inside Australia?
- Yes, you can lodge your 100 Visa application while in Australia. You can receive the decision onshore, too.
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“Very happy with the service onederland from ma partner Visa took 4 months to get approved they helped everything was needed then to permanent residents just got approved this morning if I can I would give 1000 🌟 Very professional helpfull thanks alot all team I absolutely recommend everyone to use this service onederland even if you live another state they will help you come through u dream”
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Partner Visa
Indah Melindasari, B.Com
Lead Migration Agent – MARN 0961 448
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