Subclass 100 Partner Visa (Permanent)
The Subclass 100 Partner Visa is the permanent residence stage of the offshore partner visa pathway. It is granted to the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen who first held a Subclass 309 provisional visa. Assessment occurs approximately two years after the combined Subclass 309 and Subclass 100 application was lodged. The Subclass 100 grants indefinite stay in Australia, full work rights, Medicare access, and eligibility to apply for Australian citizenship.
Key facts
Visa Type
Permanent residence
Application charge
Included in $9,365 combined fee
Assessment timing
Approximately 2 years after lodgement
Preceding visa
Subclass 309 provisional
Who qualifies for the Subclass 100
The Subclass 100 is available to applicants who lodged a combined Subclass 309 and Subclass 100 application while outside Australia, were subsequently granted the Subclass 309, and continue to satisfy the Department of Home Affairs that the relationship with the sponsor remains genuine and continuing at the time of Subclass 100 assessment.
The sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen and must continue to sponsor the applicant at the permanent stage. Sponsor withdrawal before a decision is made on the Subclass 100 can affect the outcome, although continuing pathways exist where withdrawal follows family violence or where the couple shares parental responsibility for a child.
The two-year rule and direct grant
The standard Subclass 100 pathway involves a two-year wait from the date the combined application was lodged. During that period, the applicant holds the Subclass 309 provisional visa and continues to build joint relationship history. The Department reassesses the four relationship aspects at the permanent stage based on updated evidence covering that two-year period.
Applicants in long-term relationships may be granted the Subclass 100 at the same time as the Subclass 309, bypassing the two-year wait. Direct grant is available where the relationship has existed for three years or more at the time of lodgement, or for two years or more where the couple has a dependent child. Direct grant is assessed by the Department on the evidence presented in the combined application. It is not automatic.
Where direct grant applies, it materially changes the strategic value of the offshore pathway. Applicants who meet the threshold should make the case for direct grant clearly in the combined application, supported by dated evidence covering the full relationship period. Retrofitting that case after lodgement is difficult.
Evidence at the permanent stage
The Department of Home Affairs does not re-examine the entire relationship history at the Subclass 100 stage. It focuses on whether the relationship has remained genuine and continuing since the Subclass 309 was granted. Evidence should cover the two-year period and demonstrate the continued existence of the relationship across the four assessment aspects.
Financial aspects
Recent joint bank account statements, shared liabilities, joint ownership of assets, and evidence of financial interdependence. Isolated joint transactions are insufficient. The Department looks for a pattern of financial commitment maintained over time.
Nature of the household
Current lease or ownership documents, shared utility bills, mail addressed jointly, and evidence of a shared life in a common residence. Where work or family obligations require periods of separation, those periods must be explained and supported with evidence of continued communication and joint planning.
Social aspects
Updated Form 888 statutory declarations from witnesses who have knowledge of the ongoing relationship, evidence of joint social activities, and recognition of the relationship by extended family. Social media history alone is not sufficient. Declarations must be from individuals who can give concrete, dated observations.
Commitment to a shared life
Evidence of future planning, joint decisions about housing, family, and career, and mutual emotional and practical support. Where applicable, wills naming the other partner, joint superannuation beneficiary nominations, and shared medical decision-making documents.
Benefits of Subclass 100 permanent residence
The Subclass 100 grants the same rights and entitlements as any other Australian permanent residence visa. Holders can remain in Australia indefinitely, travel in and out of Australia for the five-year travel facility period (renewable through a Resident Return Visa), access Medicare, work in any occupation without restriction, access government-subsidised education, sponsor eligible family members for migration, and apply for Australian citizenship once the residency requirement is met.
The four-year citizenship residency period is counted from first lawful entry to Australia, not from the date of Subclass 100 grant. This means most Subclass 100 holders are eligible to apply for citizenship before or shortly after the Subclass 100 is granted, provided they held valid substantive visas for the preceding years and satisfy the 12-month permanent residence component.
Continuing pathways if the relationship ends
The Subclass 100 application can continue in limited circumstances even if the relationship has ended before a decision is made. These circumstances include family violence committed by the sponsor, the death of the sponsor, and shared parental responsibility for a child of the relationship. The Department of Home Affairs assesses each case on its facts, and documentary evidence of the qualifying circumstance is required.
Applicants in these situations should seek legal advice before taking any step that could prejudice the application, including before notifying the Department of a change in relationship status. Early advice preserves options.
Related pathways
The Subclass 100 is one of four Australian partner visa subclasses. Applicants inside Australia should consider the Subclass 820 and Subclass 801 onshore stream. Engaged couples outside Australia should consider the Subclass 300 Prospective Marriage Visa as a first step to the onshore partner visa stream.
Subclass 100 advice from experienced partner visa lawyers
The Subclass 100 stage is not a formality. A relationship that has developed in a way that does not mirror the Department of Home Affairs four-aspect framework can still fail at the permanent stage. Visa Plan Lawyers prepares Subclass 100 submissions that address the permanent stage assessment directly, with evidence mapped to each of the four aspects, and with any relationship complications addressed candidly and strategically.