The Subclass 100 visa is a permanent Partner visa for those married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. It is the second stage of the Partner visa process, following the temporary Subclass 309 visa.
Eligibility Criteria
To be eligible for the Subclass 100 visa, you must:
- Hold a Subclass 309 Visa: The initial step is obtaining a temporary Partner visa (Subclass 309). The Subclass 100 visa is only available to those with this provisional visa.
- Relationship Status: You must be in a genuine and continuing relationship with your sponsoring partner. This relationship can be a marriage or a de facto partnership.
- Continued Sponsorship: Your partner, who sponsored your Subclass 309 visa, must continue to sponsor you for the Subclass 100 visa. This sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
- No Age Restriction for Dependents: Recent amendments now allow dependents over the age of 23 to qualify as secondary applicants, provided they were part of the family unit at the time of the Subclass 309 application and remain dependent on the primary applicant.
Application Process
- Wait Period: Generally, you can apply for the Subclass 100 visa two years after lodging your Subclass 309 application. This period allows the Department of Home Affairs to assess the ongoing validity and stability of your relationship.
- Document Submission: Ensure all necessary documents are updated and submitted. This includes evidence of your continued relationship, proof of shared financial responsibilities, and any other relevant documentation that supports your application.
- Health and Character Checks: You will need to undergo health and character checks as part of the visa application process. This step ensures that applicants do not pose a health or security risk to Australia.
Benefits of the Subclass 100 Visa
Holding a Subclass 100 visa grants you numerous benefits, including:
- Permanent Residency: You gain the right to live in Australia permanently, with the ability to work and study without any restrictions.
- Access to Medicare: You become eligible for Australia’s public healthcare system, Medicare, which provides essential medical services and treatments.
- Centrelink Benefits: As a permanent resident, you can access certain Centrelink payments and benefits after meeting the qualifying residence periods.
- Citizenship Pathway: This visa is a pathway to Australian citizenship. After holding the Subclass 100 visa for a specific period and meeting other residency requirements, you can apply for citizenship.
- Travel Rights: You have the freedom to travel in and out of Australia for five years from the date of your visa grant. After this period, you need to apply for a Resident Return visa (RRV) to re-enter Australia as a permanent resident.
Recent Legislative Updates
Recent updates to the Migration Regulations have significantly changed the eligibility criteria and processing of Partner visas, including the Subclass 100. Notably:
- Age Criteria for Dependents: Changes now allow secondary applicants who were part of the family unit at the time of the Subclass 309 application and are over 23 years old to qualify as dependents if they remain financially dependent on the primary applicant.
- Extended Processing Times for Certain Sponsors: Amendments have ensured that applications involving sponsors who arrived as Unauthorised Maritime Arrivals (UMA) are considered fairly, even if processing times have extended past certain age limits for dependents.
Conclusion
The Subclass 100 visa is a critical step for partners of Australian citizens, permanent residents, or eligible New Zealand citizens seeking permanent residency in Australia. It provides numerous benefits and a pathway to citizenship, ensuring that partners can build a stable life together in Australia.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping partners, graduates, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you require assistance with your Subclass 100 Partner Visa application or have any other immigration-related queries, our experienced team can help.
Please book a free 15-minute discussion with our team if you have further questions.
Written by Ines Jusufspahic, LPN: 5511366
This article does not constitute legal advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.