Australia Partner Visa

What is the Australia Migrant Partner Visa?

The Australia Migrant Partner Visa, subclass 100, is a type of visa designed for spouses or de facto partners of Australian citizens or permanent residents. The Subclass 100 Partner Visa, as it is popularly known, is the second and final step towards achieving permanent residency in Australia. You must apply for the Subclass 100 Visa (permanent) at the same time that you apply for the Subclass 309 Visa (temporary). This visa allows the partner of an eligible Australian sponsor to finally live, work, and study in Australia permanently.

This visa application typically involves a two-stage process:

  • Temporary Partner Visa (Subclass 309): You apply for the temporary partner visa first. Once granted, it allows you to live in Australia with your partner for 2 years. You must continue to meet the requirements for a genuine relationship during this period.
  • Permanent Partner Visa (Subclass 100): After a waiting period (usually two years from the date of your initial application), you can apply for the permanent partner visa. This visa grants you permanent residency in Australia.

For the Australia Partner Visa application, you will be granted a temporary visa first, followed by a permanent visa two years after arriving in Australia. You will need to submit a few more documents before you can gain permanent residency, but there will be no further processing fees.

Benefits of Australia Migrant Partner Visa

With this visa, you can:

  • Study in Australia.
  • Obtain public health care.
  • Sponsor a relative’s trip to Australia.
  • Enroll in free English lessons.
  • When you become eligible, apply for citizenship.

Travel freely in and out of the nation for up to five years.

Eligibility Criteria for Australia Migrant Partner Visa

To be eligible for this visa you must;

  • You must be in possession of either a temporary Partner (Provisional) visa (subclass 309) or a Dependent Child visa (subclass 445).
  • For you to be considered for the permanent visa, it must have been up to 2 years since you applied for the combined 309 and 100 visa.
  • You must remain the spouse or de facto partner of the person who sponsored your temporary Partner visa.
  • If you or someone in your family owe money to the Australian government, you must have paid it back or made plans to do so.
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You and your partner must satisfy the Australia character requirements.

Document Checklist for Australia Migrant Partner Visa

  1. Identity Documents such as;
    • Certified copies of your passport’s biographical data page.
    • Passport Photo x2 of the Applicant
    • Certified copies of national Id card and birth certificates, for you and any family members included in the application.
  2. Relationship Proof such as;
    • Proof of your genuine and ongoing relationship with your Australian partner. This may include joint bank account statements, shared utility bills, and lease agreements.
    • Personal statements from both you and your partner detailing the history of your relationship, how you met, and your plans for the future.
    • Photographs together as a couple, from different periods of your relationship.
  3. Health and Character Requirements such as;
    • Results of health examinations conducted by authorized panel physicians. You’ll receive instructions on how to do this once you apply.
  4. Sponsorship Information such as;
    • Details of your Australian sponsor, including their Australian citizenship or permanent residency status.
    • Statutory declarations from your sponsor and, if applicable, a co-sponsor, affirming their commitment to support you financially and otherwise.
  5. Marriage or De Facto Relationship Proof;
    • If you are married, provide a copy of your marriage certificate.
    • If you are in a de facto relationship, you’ll need to provide evidence of living together, such as shared bills, rental agreements, or other cohabitation proof.

Personal Documents of Sponsors

  • Passport biodata page for the Sponsor
  • 2 Passport Photograph of the Sponsoring Partner
  • Evidence of Sponsor’s employment during the last two years
  • Form 80 – Character Assessment of Sponsor showing Australian Federal Police Clearance
  • Offshore Police Clearances (where applicable)

Additional Documents for Dependent Children

  • Parental responsibility paperwork allowing children under the age of 18 to migrate to Australia (where applicable).
  • Adoption paperwork for children (where applicable)
  • If your child is over the age of 18, make sure they can be included in your application. Take note;
  • Form 80 is for dependent children aged 16 and up.
  • Australian Federal Police Clearance for dependent children aged 16 and over.
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Additional Documents

  • Any other relevant documents that can strengthen your case, such as evidence of joint travel, joint assets, or social commitments as a couple.
  • At least 2 Statutory Declarations by third parties supporting your relationship (Form 888). We recommend providing 4 to 6 Form 888s.

How Do I Transition From a Subclass 309 Visa to a Subclass 100 Visa?

The Department of Home Affairs is going to alert you about two years after you acquired your 309 Visa that they will begin processing your Permanent 100 Visa and supply you with a list of documentation you must provide. You must first log into your ImmiAccount and:

  • Complete Stage 2 – Assessment of Permanent Partner Visa (100, 801).
  • Attach the necessary documents to your ImmiAccount. Make certain that you do not submit the documentation more than one month before the two-year period expires.
  • Send in your application.
  • Keep your transaction Reference Number (TRN) safe for future purposes.

Costs and Processing Time of Australia Migrant Partner Visa

As earlier mentioned above, you will need to submit a few more documents before you can gain permanent residency, but there will be no further processing fees. You paid for this visa when you applied for both the temporary and permanent partner visas.

The processing time for a permanent Partner visa begins when the applicant becomes eligible. This is two years after you applied for the combined temporary and permanent partner visas.

Further information is available on the Department of Home Affairs website.

FAQs on Subclass 100 Partner Visa

Q: What is the difference between the Subclass 100 and the Subclass 309 visas?

Ans: The Subclass 309 is a temporary visa, while the Subclass 100 is a permanent visa. The Subclass 309 is typically granted first, and after a waiting period, you can apply for the Subclass 100, which provides permanent residency.

Q: How long do I need to wait before applying for the Subclass 100 visa after receiving the Subclass 309 visa?

Ans: Usually, you can apply for the Subclass 100 visa two years after being granted the Subclass 309 visa.

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Q: Can I include my children in the Subclass 100 application?

Ans: Yes, you can include dependent children in your application as long as they meet the eligibility criteria. Additional requirements may apply.

Q: Can my partner sponsor me if they are not an Australian citizen but are a permanent resident?

Ans: Yes, an Australian permanent resident can sponsor their partner for this visa, provided they meet all the other requirements.

Q: What happens if my relationship ends while on the Subclass 309 visa?

Ans: If your relationship ends, it’s essential to notify the Department of Home Affairs as it may affect your visa status. You may still be eligible to apply for the Subclass 100 visa depending on the circumstances.

Q: What are the obligations of the sponsoring partner?

Ans: The sponsoring partner is required to provide financial and moral support to their partner during the initial stay in Australia and must meet certain legal obligations.

Q: Do I need a job offer to apply for the Subclass 100 visa?

Ans: No, you do not need a job offer to apply for this visa. The primary requirement is a genuine and ongoing relationship with your Australian partner.

Q: Can I apply for a Subclass 100 visa if my partner and I are separated but not legally divorced?

Ans: In some cases, you can apply if the separation has occurred but legal divorce has not yet taken place. Specific circumstances are considered in such cases.

Q: What are the implications if my Subclass 309 visa expires before my Subclass 100 is granted?

Ans: If your Subclass 309 visa expires before the Subclass 100 is granted, you will usually be granted a Bridging Visa A (BVA) to continue your stay in Australia until a decision is made on the Subclass 100 application.

Q: What is the process if my partner, who initially sponsored me, passes away before my Subclass 100 visa is granted?

Ans: In the unfortunate event of your sponsor’s death, there are provisions to continue processing the application, taking into account the circumstances of the case. Seek professional guidance.

By Michael

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