100 Visa – Permanent Partner Visa
Permanent Partner visa (subclass 100) is a visa that allows you to live permanently in Australia with your partner. This visa is usually granted to people who hold a temporary Partner visa (subclass 309). A Permanent Partner visa is the last step to get a permanent resident through a partner visa pathway.
You will be eligible to apply for this visa two years after you have submitted your Partner visa (subclass 309) as long as your relationship is still genuine, ongoing and your spouse or de facto partner is still your sponsor. You can prove your relationship by providing supporting documents to show the nature of your household, your commitment to your partner, social aspect and financial aspect of your relationship.
Partner Visa (subclass 100) Requirements:
- You must be at least 18 years of age or more when you apply for this visa.
- You must be in a de facto relationship or married to an Australian citizen, permanent resident or eligible New Zealand citizen.
- For couples who are in a de facto relationship, the relationship must have existed for at least 12 months immediately and must live together during that period before you apply for the visa.
- The 12-month requirement will not apply if you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages.
- Your partner is your sponsor.
- Meet health and character requirements.
Permanent Partner Visa (Subclass 100) Application Process
Once you have applied for this visa, you don’t need to pay the visa charge again as the cost covers both the temporary and permanent Partner visa.
You might have to pay other costs such as those for health checks or police certificates.
You may be either in or outside Australia when applying for this visa and when a decision is being made.
Partner Visa Subclass 100 Processing Time
The current average processing time for this visa is between 12 months to 29 months, but it can take a longer time processing if you don’t provide a strong application. It is important to ensure that you have provided all the documents required and fill out the application correctly so that your partner visa application can get approved by the Department of Home Affairs.
Be noted that the above processing time might change depending on the visa backlog in the Department of Home Affairs and on applicant’s circumstances.
What You Can Do As A Subclass 100 Visa 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.
However, you must note that the visa will come 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.
Before your travel facility expires, you need to extend this visa by applying for a Resident Return visa (subclass 155) so you can re-enter Australia as a permanent resident.
You can work and study in Australia and enrol in Australia’s public healthcare scheme such as Medicare.
You can also apply for Australian citizenship if you are eligible. You can also sponsor the other relatives for permanent residency if they are eligible.
Permanent Partner Visa Subclass 100 Refusal Risk
Yes, there is a chance that your 100 Visa application to be 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.
Frequently Asked Questions For Subclass 100 Visa
ONE derland Consulting managing director and also registered migration agent, Indah Melindasari, B.Com (MARN 0961 448) is here to answer your questions!
- When my temporary partner visa application is granted, can I directly fly to Australia?
- Sure you can. And you can start living in Australia, apply for Medicare, study, and work.
- But please kindly recheck the condition in your grant notification letter.
- 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.
- I got my partner visa refused, what should I do and will I get the refund from it?
- There are many reasons causing a refusal but the most common one is insufficient documents.
- If it is refused, unfortunately there’s no refund. You need to decide whether to appeal, or to apply again. When you appeal it, the Administrative Appeals Tribunal (AAT) will review your partner visa application again.
- How much it will cost me to apply for partner visa subclass 100?
- There is no addition fee for this visa subclass.
- Can I apply this visa inside Australia?
- The 309 visa is designed to apply from outside Australia. Once you’re granted this 309 visa, you can come to Australia and apply the visa 100 onshore.
- Can I include my family members?
- Yes, you can. Your family members would need to meet the character and health requirements as well.
- How long is the processing time for this visa?
- For the stage 1, which is the visa subclass 309, it may take between 6-29 months, while the permanent stage (subclass 100) can take between 12-29 months
- It depends on each person’s circumstances. If you don’t fill the information correctly, the processing time might be longer.
Obtaining 100 Visa in Simple Five Steps
First step: 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.
This visa is based either on a marriage or a de-facto relationship. Do not forget as this is an offshore visa, then you must be outside Australia when you lodged it and when the decision is made.
However, for subclass 100 visa applications, you can apply while you are in Australia.
Second step: Apply for the visa
After you meet all the requirements, you can then apply for the visa.
Please make sure to prepare the documents completely, not only that, you have to provide genuine and detailed information about the circumstances between you and your partner.
A fault from your information or documents may result in a visa refusal.
You can include documents that you have prepared together with when you submit your visa application.
Third step: Your Visa Subclass 309 is granted
The time frame of Partner visa subclass 309 is 17 months to 20 months, however, some applications may take less or longer than that duration of time.
So, just be assured that you provide genuine information and complete documents into your application.
When your Partner visa subclass 309 is granted, this is a temporary visa, you can stay legally in Australia until the department notify your eligibility to apply for a permanent visa subclass 100.
Fourth step: Apply your permanent partner visa subclass 100
After 2 years since the grant of your visa subclass 309, you will be eligible to apply for the subclass 100 and should apply for it online.
Please make sure you provide the accurate information and updated documents for your application.
Fifth Step: Your Permanent Partner Visa Subclass 100 is Granted
Once it is granted, you directly become an Australian Permanent Resident.
When you are a permanent resident of Australia, you can live indefinitely in Australia with some other benefits such as work, study, sponsor your relatives to come to Australia, and if eligible, you can apply for Australian citizenship.
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