Partner Permanent visa (Subclass100)

This Partner Visa allows the de facto Partner or Spouse of an Australian citizen, Permanent Resident of Australia or an eligible citizen of New Zealand to migrate to Australia Permanently. This visa is granted to the applicant having Subclass 309 visa.

This visa permits you: –

  • to dwell, to do job or to enroll in study course.
  • to apply for Citizenship of Australia (if eligible)
  • To sponsor family acquaintances (eligible) to migrate to Australia.
  • Enroll for Medicare (Australia’s public healthcare scheme)
  • Applicant can travel from and to Australia as many times as he/she wants for 5  years from the grant of this visa. 
  •   In case you want to travel after the initial 5 year’s travel facility.
  • You will have to apply for and be granted a Resident-Return (RRV) to re-enter Australia as a permanent resident.
  • If you become an Australian citizen then you don’t require a visa to enter Australia and can use it to travel and from Australia.
  • Sponsor your family acquaintances to come to Australia.
  • Attend free English language classes given by The Adult Migrant English Program (if eligible).

Eligibility Criteria: –

  1. Applicant must, in maximum of cases, have a Partner (Provisional) (Temporary) Subclass 309 visa or a Dependent child (Subclass 445) visa.
  2. You must be in a genuine relationship with your spouse or de facto partner who is an Australian citizen (eligible), permanent resident of Australia or an eligible citizen of New Zealand.
  3. Usually, before applying for the Permanent visa it is required that a period of 2 years has been passed since the applicant has filed for combined Subclass 100 and Subclass 309 visa.
  4. Applicants with a long- term relationship before they lodge the visa request might be granted permanent visa within less than 2 years.
  5. You must continue to be in relationship with spouse or de facto partner unless your relationship has broken off or under special situations.
  6. No matter what kind of relationship (either married or de facto) you must clarifies: –
  7. Your relationship is real and enduring.
  8. Your relationship is mutually beneficial.
  9. You live together, or you don’t live separately.
  10. Even if your relationship breaks down or your partner is no more, you might be still eligible for the permanent visa, before its grant.
  11. Have paid Outstanding debt (if any) to the Australian Government: –

        If applicant or any family member of the applicant owe any debt to the    

        Australian Government, it should be paid back.

Not be eligible: –

  • Visa is not granted if it is not in the friendly interest of an applicant less than 18 years of age.

Stay Period: –

  1. As it is a permanent visa, you can stay for an indefinite time.
  2. Your permanent residence starts on the day of the grant of the visa for citizenship.

Family: –

Applicant can include his/her dependent child while applying for combined visas.

  1. If you hadn’t included your dependent child in your temporary visa application, you can add them still in your application before deciding on your permanent visa application.
  2. Child must :-

 Hold a dependent child visa(subclass 445)

  1.  Applicant and family members must meet the Health  requirements and Character requirements(if 16 years or older) 
  2. Other non-accompanying family members must also meet health requirements of Australian government.

Cost:-

Cost gets paid at the time of combined application for the temporary and permanent partner visa.

Other payments might include that of health and police checks.

Visa SubclassFeeAdditional Applicant fee(Child) 
 Main ApplicantUnder 18Over 18
Subclass 100 visaAUD7,715AUD1,935AUD3,860

Processing Period: – 19 to 26 months.

  1. Application, however, might take a longer time to process if not filled correctly.
  2.  All documents are not provided.
  3. It takes time by us for verification of your information

Obligations: – It is necessary that you and your family abide by all laws of Australian Government.

Visa label: – Your visa will be digitally linked to your passport

Offshore Subclass 100 Partner visa (Phases)

Phase 1: – First step comprises to:-

  • Lodge a combined subclass 309/100 visa application by paying a single lodgment fee.
  • It should be lodged from offshore and you brought to be outside Australia too at the time of grant of the temporary Visa.
  • As far as Subclass 100 Visa is concerned you can be either onshore or offshore, for its grant.

Phase 2: – 2 years after lodgment of Subclass 309 /100 visa you will need to clarify that you still meet partner visa grant requirements.

Main factor in assessment is whether you are still in Marriage or de facto relationship with your Australian partner.

Nature of Relationship: –

  • Long term Relationship: –
  • Applicants with a long- term relationship before they lodge the visa request might not have to wait on the Subclass 820 visa at all. They might be granted permanent visa immediately after granting of temporary subclass 820 visa.
  • Long term implies
  • A minimum of 3 years
  • 2 years in case of a dependent child of the relationship.

     Marriage: – You and your partner

  • Must be legally married in Australia.
  • Must own a mutual commitment to a common life as a married couple.
  • De facto relationship: –
  • Applicant need to have been in a de facto relationship(if not married) for a minimum of 12 months before lodging application, unless you have registered your relationship or there are circumstances enough to wave the 12 month requirement.
  • No matter what kind of relationship (either married or de facto) you must clarifies: –
  • Your relationship is real and enduring.
  • Your relationship is mutually beneficial.
  • You live together, or you don’t live separately.

Immigration will take into consideration the following criteria of your

relationship: –

  • Social: – to reveal that your relationship is known to third parties.
  • Financial: – to reveal joint ownership of real estate, other major possessions, and combined responsibilities for financial liabilities.
  • Household: – to confirm mutual household responsibilities.
  • Nature of your commitment to each other: – to confirm your willingness to be in a long-term commitment and genuine married or de facto relationship.

Steps Involved (in Applying): – Application form is lodged online.

Step 1. Before Applying: – just check.

  • Your Passport.
  • On immediate grant of Subclass 100 visa after Subclass 309 visa(temporary) you need not to do anything else, Otherwise, provide more documents.

Step 2.Gather all Evidences: –

  • You and Your Australian partner will need to provide as required with evidences given below: –
  • Identity Documents (Passport and Birth Certificate)
  • Character documents
  • Certified Registration proof of marriage or relationship.
  • Documents related to changes of situations(If applicable). At least 2 form 888’s (Statutory Declaration) given by witnesses attesting that your relationship is true.
  • Each of you should provide a written statement or statutory declaration covering the history and development of your relationship.
  • Proof of name change (if applicable).
  • Documents of dependents, Above or Below 18(if applicable)
  • No matter what kind of relationship (either married or de facto) you must clarifies: –
  • Your relationship is real and enduring.
  • Your relationship is mutually beneficial.
  • You live together, or you don’t live separately.

Immigration will take into consideration the following criteria of your

relationship: –

  • Social: – to reveal that your relationship is known to third parties.
  • Financial: – to reveal joint ownership of real estate, other major possessions, and combined responsibilities for financial liabilities.
  • Household: – to confirm mutual household responsibilities.
  • Nature of your commitment to each other: – to confirm your willingness to be in a long-term commitment and genuine married or de facto relationship.
  • Submit the following for every dependent holding a subclass 309 or 455 visa: –
  • Passport
  • Documents proving changes to their situation
  • Police certificates (for dependents 16 years old or older), if applicable.
  • Prepare your documents: –
  • You will need to translate all non-English documents into English.
  • Scan your documents or get them photographed in color.
  • Scan must be a valid one.
  • Keep a replica of your completed application.

Step3. Visa Application: – 

  • Visa is applied online, by providing correct and relevant information.

Step 4. After Applying: –

  • We will inform you after receiving your application and documents.

Applicant can include his/her dependent child while applying for combined visas.

  1. If you hadn’t included your dependent child in your temporary visa application, you can add them still in your application before deciding on your permanent visa application.
  2. Child must :-

             Hold a dependent child visa (subclass 445)

  1.  Applicant and family members must meet the health  requirements and character requirements(if 16 years or older) 

Step5. Outcome of Visa: – While deciding of your Permanent Partner Visa, you can be onshore or offshore.

  • During granting of your visa, we will inform you about your visa grant number, the date of start of your visa and its conditions. 
  • In case of refusal of our visa, we will let you know the reason of refusal and if you have a right to a review of the decision.
  • Application fee is non- refundable.

Obtaining the visa (In Australia): –

  • You must abide by all Australian laws.
  •  You must check your visa expiry and its conditions.
  • This being a permanent visa lets you stay in Australia indefinitely from a grant of visa.

Travelling: – Applicant can travel from and to Australia as many times as he/she wants for 5 years from the grant of this visa. 

  •   In case you want to travel after the initial 5 year’s travel facility.
  • You will have to apply for and be granted a Resident-Return (RRV) to re-enter Australia as a permanent resident.
  • If you become an Australian citizen then you don’t require a visa to enter Australia and can use it to travel and from Australia.
  • Being a newly arrived immigrant might be, you have to wait to take certain benefits of Australian Governments.
  • After certain Duration, you might be eligible to become a citizen.

Granting of 801 Visa: –

You can be present inside or outside Australia for the visa to be granted.

Visa if Not Granted: –

You may appeal to the Administrative Appeals Tribunal (AAT) for a review of the decision.

  1. AAT can either agree with the immigration or can set apart the original decision.
  2. There are strict deadlines to lodge an appeal, so act on time.

Conditions for Permanent (Migrant) Subclass 100 Visa

  • 8502- Applicant must not enter Australia before the person specified in the visa (Main visa holder or applicant’s sponsor in the case of partner visa) has entered Australia.
  • 8515- Applicant must not marry or enter in a de facto relationship before entering Australia, otherwise visa might get cancelled.

Book an Appointment :-

  • We at BANSAL Immigration consultants offer the much needed help so as to convince the Australian Immigration authorities about your actual intention to stay and work in Australia.
  • We do everything possible to present you as a true candidate and that you will adhere to all rules and commitments during your stay in Australia.
  •  Also, we assure that your interview round goes well, which is yet another growing step to get this visa in Australia.

****How can we assist you? Please call our number mentioned on the website.

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