Partner Visa Subclass 100: What the Permanent Stage Assessment Must Prove

What Is the Subclass 100 Partner Visa?

The Partner Visa (Subclass 100) is the permanent stage of Australia’s offshore partner visa pathway. It follows the Partner Visa (Subclass 309) and, once granted, gives the holder permanent residency in Australia. Both stages form part of a single combined application lodged at the outset; the Subclass 100 is not a separate application but a continuation of the same file, assessed approximately two years after lodgement.

The Subclass 100 is the offshore equivalent of the onshore permanent partner visa (Subclass 801). It grants the holder the right to live, work, and study in Australia indefinitely, with full access to Medicare and the ability to apply for Australian citizenship after meeting the residency requirements.

The permanent stage is not automatic. The Department of Home Affairs conducts a fresh assessment of the relationship, and the applicant must demonstrate that the relationship remains genuine and ongoing at the time of the permanent decision, not merely that it was genuine when the original application was lodged.

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When Does Eligibility for the Subclass 100 Assessment Begin?

Eligibility for the permanent partner visa assessment arises two years after the date the combined application was originally lodged. The two-year period runs from the date of lodgement, not from the date the Subclass 309 temporary visa was granted.

According to the Department of Home Affairs’ Global Visa Processing Times guide, once eligibility is reached, 50% of Subclass 100 applications are processed within 9 months and 90% within 21 months from the date of eligibility.

When eligibility is reached, the Department of Home Affairs will generally notify eligible applicants through ImmiAccount to commence the permanent stage assessment. Applicants should not rely solely on receiving a notification. If the two-year period has passed and no invitation has been received, applicants can initiate the permanent stage assessment themselves through ImmiAccount by selecting “Stage 2 — Permanent Partner Visa Assessment (100, 801).” This is not a new application; it is the workflow for submitting updated information to progress the existing combined application.

Is There an Additional Government Fee at the Permanent Stage?

No. The government application charge paid at the time of original lodgement covers both the temporary stage and the permanent stage of the partner visa. No additional standard application charge is payable when the permanent assessment commences.

What applicants should plan for at the permanent stage are the incidental costs of updating documents, including renewed police clearances, updated statutory declarations, new relationship evidence, and any translation costs for foreign language documents. These are evidence preparation costs, not a second visa application charge.

What the Department Reassesses at the Permanent Stage

The permanent stage is a fresh assessment. The Department of Home Affairs must be satisfied that, at the time of the permanent decision, the relationship between the applicant and the sponsor is genuine and continuing. The same four assessment categories used at the first stage apply again under Regulation 1.15A of the Migration Regulations 1994: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the commitment.

The evidence supplied must reflect the current state of the relationship, not simply repeat what was provided at lodgement. Two years of additional relationship history should be documented and submitted. This includes updated financial evidence, evidence of continued cohabitation or communication if the couple has been separated, updated statutory declarations from both the applicant and sponsor, and updated witness declarations from friends or family members who can speak to the relationship as it stands now.

A file that mirrors the original application without demonstrating the passage of time and the continuation of the relationship carries real risk. A case officer reviewing the permanent stage file will expect to see evidence that the relationship has continued and developed since the temporary grant.

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Relationship Evidence for the Subclass 100 Assessment

Financial Evidence

At the permanent stage, financial evidence should reflect the couple’s financial life as it now stands. This means updated joint account statements or bank records, evidence of shared financial responsibilities such as rent, mortgage, or utilities, and records of financial support between the parties if they have been living separately. Where circumstances have changed since the temporary stage, for example where the applicant has entered the Australian workforce or the couple has made significant joint financial decisions, this should be documented.

Household Evidence

Updated evidence of the household is required. Where the couple is living together in Australia, this should include lease agreements, utility bills, or other records showing cohabitation at a shared address. Where the couple has been separated by travel or circumstance during the processing period, evidence of the household during that time, including communications, evidence of shared accommodation during visits, and records demonstrating that the couple has not permanently separated, is relevant.

Social Evidence

The social aspects of the relationship at the permanent stage should reflect developments since the temporary grant. This may include evidence of joint attendance at family events, travel together, the couple’s recognition by new social circles in Australia, or updated statements from friends and family who can speak to the relationship as it currently stands. Updated Form 888 statutory declarations from witnesses are valuable at this stage, provided they address the relationship as it has developed rather than simply repeating what was said at the first stage.

Nature of the Commitment

Evidence of the couple’s continued and exclusive commitment to a shared future is a key component of the permanent stage assessment. This may include evidence of shared long-term plans, property decisions, family decisions, or other markers of an ongoing partnership. Where the relationship has faced and overcome challenges during the processing period, addressing these directly in the updated statutory declarations strengthens the application.

Disclosing Changes Since the Temporary Stage

Changes in circumstances since the temporary stage must be disclosed to the Department of Home Affairs. These include changes of address, changes in family composition such as the birth or adoption of children, changes in the sponsor’s citizenship or residency status, changes in either party’s passport details, and any criminal matters arising since the original application. Failing to disclose changes can raise integrity concerns that complicate or delay the permanent stage assessment.

Where significant changes have occurred, such as a period of separation, the birth of a child, or a change in the sponsor’s circumstances, obtaining legal advice before submitting the permanent stage evidence is prudent. The Department assesses the relationship on the totality of the evidence, and a file that addresses changes directly and honestly is in a stronger position than one that leaves gaps.

What If the Relationship Has Ended?

If the relationship ends before the Subclass 100 is granted, the applicant may still be eligible in limited circumstances under the Migration Act 1958. These special circumstances include where the applicant has experienced family violence during the relationship, where the applicant and sponsor share a dependent child, or where the sponsor has passed away.

Each of these circumstances has its own legal requirements, and the applicant’s situation will determine what evidence and submissions are needed. Legal advice should be obtained promptly if the relationship has ended or is in difficulty, as the approach taken at this stage can affect the outcome of the permanent assessment.

From Permanent Residency to Citizenship

Once the Subclass 100 partner visa is granted, the holder becomes a permanent resident of Australia. The pathway to Australian citizenship then becomes available, subject to meeting the general residency requirements under the Australian Citizenship Act 2007 (Cth). These include having been lawfully present in Australia for four years immediately before applying, with at least one year as a permanent resident.

Australian citizenship is not mandatory, but it carries benefits beyond those available to permanent residents, including the right to an Australian passport, visa-free or visa-on-arrival access to a significant number of countries, eligibility for government employment, and freedom from ongoing visa compliance obligations.

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Comment les avocats australiens spécialisés dans les questions de migration peuvent-ils aider ?

The permanent stage of a partner visa 100 australia application requires updated evidence, proper disclosure of any changes, and a file that clearly demonstrates the relationship has continued since the temporary grant. Applicants who treat the permanent stage assessment as a formality risk delays or, where the evidence is insufficient, refusal.

At Australian Migration Lawyers, our team of migration lawyers assists applicants through the permanent stage of both the Subclass 100 and Subclass 801 partner visa assessments, from reviewing what has changed since the temporary stage through to preparing updated statutory declarations, collating current evidence, and ensuring all changes in circumstances are properly disclosed. We act in accordance with the Migration Act 1958 and our legal obligations to ensure each application is lawfully prepared. We also work with Australian Translation Services to ensure all foreign language documents are translated into Australian English as required.

If you are approaching the two-year mark on your partner visa subclass 100 assessment, or if your permanent stage has become complicated by changes in circumstances, contact Australian Migration Lawyers today. Book a free consultation with one of our qualified migration lawyers to discuss your situation. In-person, video, and telephone consultations are available.