Partner Visa Subclass 100
The Partner (Migrant) (Class BC) Subclass 100 Visa allows the de facto partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia permanently. Generally, you must have held the Subclass 309 Visa for at least two years before being assessed for the permanent visa. This visa must be applied for while outside Australia.
Work Rights for Subclass 100 Visa Holders Holders of the Subclass 100 visa have full work rights across Australia. The visa grants permanent residency status.
Travel Rights for Subclass 100 Visa Holders You can travel to and from Australia as many times as you wish for five years from the date of visa grant, as long as your travel facility remains valid. After the initial five years:
- You will need to apply for a Subclass 155 or Subclass 157 Resident Return Visa (RRV) to maintain permanent resident status for re-entry into Australia.
- Alternatively, you can apply for Australian citizenship and, if granted, an Australian passport to travel freely.
Including Family Members in the Subclass 100 Visa Children can be included in your Subclass 309/100 application either at the time of submission or before a decision is made on your temporary visa. If a child needs to be added after being granted the Subclass 309 visa, a Subclass 445 Dependent Child Visa is required. If you hold a Subclass 100 Visa, your child may join you by applying for a Child Subclass 101 Visa or Child Subclass 802 Visa.
Partner Visa Subclass 100 Application Fees The application fee for both the Subclass 309 and Subclass 100 visas is A$9,095, paid at the time of application.
Processing Time for Subclass 100 Visa
- Standard Stream Processing Times: 25% of applications are processed within six months, and 50% within 13 months. Processing times may vary for individual cases.
Relationship Requirements for Subclass 100 Visa You must hold a Partner Subclass 309 Visa and continue to be in a committed, genuine, and ongoing relationship with your Australian partner, whether by marriage or de facto partnership. This applies to relationships of both the same and opposite sex.
Continuing Genuine and Ongoing Relationship To qualify, you and your spouse or de facto partner must demonstrate that your relationship is ongoing, committed, and exclusive. You must live together or, if living apart, not on a permanent basis. For married couples, the marriage must be valid under Australian law.
Two-Year Waiver for Relationship Requirement Typically, two years must have passed since you applied for the combined Subclass 309 and Subclass 100 visas before being assessed for permanent residency. However, in long-term relationships or if your sponsor held certain visas before your application, you may qualify for the permanent visa in less than two years.
Relationship Breakdown and Subclass 100 Visa Eligibility You may still be eligible for the Subclass 100 visa even if your relationship ends before the grant of the permanent visa in the following cases:
- Family Violence: If you were a victim of family violence while holding the Subclass 309 Visa, you may still be eligible for the Subclass 100 visa. This applies if your relationship ended due to family violence committed by your partner against you or your dependent child.
- Children: If your relationship ends and you have a child under 18 years of age with your sponsor, you may still be eligible if you have parental responsibility or access rights.
- Partner’s Death: If your partner dies before the visa grant, you may still qualify for the Subclass 100 visa, provided you can demonstrate that your relationship would have continued and that you have close ties to Australia.
Pathway to Australian Citizenship Once holding the Subclass 100 visa, you may apply for Australian citizenship when you become eligible.