Partner Permanent Visa (Subclass 100)

Partner Permanent Visa | Spouse Permanent Visa

This information sheet’s goal is to provide you a broad overview of the subclass 100 visa and the issues you’ll need to deal with if you decide to apply for one. It does not cover all options or scenarios because it concentrates on the more typical ones that typically arise for offshore partner visa applicants. It is also outside the scope of this talk to give a thorough explanation of every relevant issue you will need to take into account.

Also Read: Australia Partner Visa

We therefore strongly advise that, if you are thinking about applying for a subclass 100 visa, you make the necessary follow-up inquiries to ensure that, before you submit your application, you are fully informed about your eligibility, the application procedure, and the applicable documentary evidence requirements. This will increase your chances of success and maybe prevent needless procedural delays or a potential visa denial. The decision to deny your visa will cost you money and important time if you don’t get it right the first time.

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How does the permanent partner visa subclass 100 work?

In order to live in Australia with their Australian partner, applicants must be either married to or in a de facto relationship with either an Australian citizen or permanent resident, an eligible New Zealand citizen, or both.

This visa is the last phase in the application procedure for an offshore partner visa, which entails the following steps:

Step 1: In order to enter and live in Australia while your subclass 100 permanent residence visa application is being processed, you must first submit a combined subclass 309/100 visa application.

Step 2: The Department will evaluate whether you continue to fulfil the conditions for a grant of the subclass 100 visa two years after the department receives your application. Whether you continue to be married to or in a de facto relationship with your Australian partner will be a significant consideration in this evaluation.

Both the combined subclass 309/100 application and your location at the time the temporary visa is granted must be outside of Australia. You can be within or outside of Australia to be granted a category 100 visa.

Additionally, you must have your partner sponsor your application for this visa.

Visa Subclass 100 conditions

enduring partnership

A successful application will result in the granting of the subclass 100 permanent residence visa at the first stage of the process (i.e., when Immigration first assesses your combined subclass 309/100 visa application), if your relationship with your Australian partner is considered to be a long-term relationship under the migration law provisions.

For these reasons, a relationship is considered long-term if it has lasted at least 3 years or 2 years if there is a dependent child from the connection.

Are you eligible to apply for the subclass 100 visa?

To be granted a visa, you must fulfil the following requirements:

• You have to be at least 18 years old (there are exceptions for married couples).
• You must be married to, or be in a de facto relationship with, an eligible New Zealand citizen, an Australian citizen, or a permanent resident.
• The sponsor must be at least 18 years old (there are exceptions for married couples).
• Your Australian partner must sponsor you (note that certain individuals are prohibited from being a sponsor). If your partner is under 18, their parent or legal guardian must sponsor you.
• A “character” criteria for your sponsor must be met, and police clearances must be provided as proof.
• You must be in good physical and moral condition.

Your relationship conditions for visa 100 eligibility

One of the most important factors in evaluating whether you satisfy the conditions for visa issuance is an evaluation of your connection with your Australian spouse. It must meet the applicable term in line with the rules of migration law, which could not always be the same as its common meaning. As an illustration, different laws and nations have varying definitions of what constitutes a de facto relationship. Similar to this, a marriage could be recognised in another nation but not in Australia. It is crucial that you review these definitions as you map out your visa application process because if you don’t, your application will be denied.

You must either be married to or in a de facto relationship in order to meet these conditions.

Marriage

If you’re married to your Australian partner, you must meet these conditions:

In Australia, your marriage must be recognised by the law (if you were married overseas, your marriage must be recognised in Australia to meet this requirement)

You and your spouse are equally dedicated to living together exclusively as a married couple.

Your connection is ongoing and sincere; and

You either live together or you don’t live permanently apart and apart from one another.

De-facto relationship

The following conditions must be met if you two are not legally married in Australia:

You and your spouse are equally dedicated to leading a joint life at the expense of all others.

You either live together or you do not live apart and apart permanently; your relationship is real and ongoing.

You are not blood relatives.

The de-facto relationship must have existed for at least 12 months immediately prior to the filing date of the visa application. You must present the necessary supporting documentation to prove that this condition has been met.

The following situations qualify for an exception from the 12-month minimum relationship duration requirement:

You can prove that there are strong and sympathetic reasons for the visa’s granting;

Your sponsoring partner either now has or formerly had a permanent humanitarian visa, and before that visa was granted, they informed Immigration about your de facto connection;

Your relationship is listed with an Australian State or Territory Government; or Your sponsor has filed for a permanent humanitarian visa.

The following four relationship features will be taken into account by the Department when determining whether your connection with your Australian partner meets the requirements for visa application purposes:

• Financial (shared financial responsibility, joint ownership of significant assets like property, and/or pooling of financial resources)
• Social (do family members and friends know about your relationship?)
• Household (shared domestic responsibilities in your household, and organising your daily lives together)
• The nature of your commitment to one another (do you expect to be in an engaged, de facto, or long-term committed relationship?)
• You must submit supporting documentation for each of the aforementioned relationship factors as part of the visa application procedure. It’s crucial to make sure that this proof spans the full time of your partnership. If you don’t have enough evidence to support any of these claims, explain why and, if necessary, offer the necessary proof.

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How can you apply for the subclass 100 visa?

It is essential that you lodge your application in the correct manner in accordance with the visa lodgement requirements. Failing to do so will result in your application being deemed invalid and consequently, you will then need to re-apply.

The combined subclass 309/100 visa application must be lodged when you are located outside Australia. The application form and supporting documents are submitted online and your Australian partner will also need to lodge a sponsorship application form and provide specified documents via the same online portal.

You will need to submit the following types of evidence with your application:

Identity documents (e.g. passport and birth certificate)

Character documents (e.g. police clearances)

Relationship evidence documents (see below)

Documents evidencing your relationship must be provided to address each of the relationship aspects, as discussed above. Other documents required include:

Marriage Certificate or Relationship Registration Certificate, where applicable

At least two Form 888’s (these are supporting witness statutory declarations confirming that your relationship is genuine)

Written statements or Statutory Declaration prepared by both you and your partner about your relationship, and which cover the history and development of your relationship and the relationship aspects discussed above.

Want to know more about the concept then you must get in touch with Mr. Gaurav Chawla our registered immigration agent and get his help. Chawla immigration consultancy is the right place to look for when it comes to getting all types of help related to partner permanent visa in Australia.