Need help? We are available to speak to you 7 days a weekRead More

Australia's largest independent migration law firm. Get a FREE Consultation T&C's apply

Need help? We are available 7 days a week.

Cross symbol icon
Open 7 days
Smartphone icon
1300 150 745

Subclass 100 Partner Visa: What to Prove for PR (2026 Guide)

Senior Associate - Senior Australian Migration Lawyer
Published on:
October 30, 2026
|
Modified on:
October 30, 2026
Partner & Family
Senior Associate - Senior Australian Migration Lawyer
Published on:
October 30, 2026
Modified on:
October 30, 2026
Senior Associate - Senior Australian Migration Lawyer
Published on:
October 30, 2026
Modified on:
October 30, 2026
Table of Contents
Let's get your visa application right.

Decision-ready applications, prepared by lawyers.

Free initial consultation (T&Cs apply).

Speak with us

Key Takeaways

  • The Partner Visa (Subclass 100) is the permanent stage of the offshore partner visa pathway and grants permanent residency in Australia once approved.
  • Eligibility for the permanent stage assessment generally arises two years after the original combined application was lodged, not from the date the Subclass 309 visa was granted.
  • The Department of Home Affairs reassesses the relationship afresh at this stage; the Subclass 309 grant does not carry over automatically to the Subclass 100.
  • No additional government application charge is payable at the permanent stage; the fee paid at lodgement covers both stages.
  • According to the Department of Home Affairs’ Global Visa Processing Times guide, 50% of Subclass 100 applications are processed within 9 months and 90% within 21 months of the eligibility date.
  • What needs to be proved at the permanent stage is more nuanced than many applicants expect, and the strength of the updated evidence file determines the outcome.
minute read

What Is the Subclass 100 Partner Visa?

The Partner Visa (Subclass 100) is the permanent stage of Australia’s offshore partner visa pathway. It is assessed as part of the same combined application lodged when the applicant first applied for the Partner Visa (Subclass 309); it is not a fresh application but a continuation of the same file.

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

[free_consultation]

Book a Consultation‍

If you are interested in getting more information about a visa, get in touch with Australian Migration Lawyers for a consultation.

[/free_consultation]

The permanent stage is not a formality. The Department of Home Affairs conducts a genuine reassessment of the relationship at this point. What needs to be proved is not just that the relationship was genuine two years ago, but that it remains genuine, ongoing, and exclusive now.

When Does the Permanent Stage Begin?

Eligibility for the permanent stage generally arises two years after the date the original combined application was lodged. This is an important distinction: the two-year period runs from the date of lodgement, not from when the Subclass 309 visa was granted.

Once eligibility is reached, the Department of Home Affairs will typically notify applicants through ImmiAccount to commence the permanent stage assessment. If no notification has been received after the two-year period, applicants can initiate the process themselves through ImmiAccount. This does not involve lodging a new application; it is the process for submitting updated information against the existing combined application.

According to the Department of Home Affairs’ Global Visa Processing Times guide, 50% of Subclass 100 applications are decided within 9 months of the eligibility date, and 90% are decided within 21 months. These figures are measured from when eligibility begins, not from original lodgement.

Is There Another Fee at the Permanent Stage?

No. The government application charge paid at original lodgement covers both stages of the partner visa. No further standard government fee is payable when the permanent stage assessment commences.

There will, however, be practical costs involved in preparing the updated evidence file, such as renewed police clearances, any document translations required, and costs associated with professional legal assistance. These are evidence preparation costs, not a second application charge.

What Does the Permanent Stage Require You to Prove?

Many applicants are surprised by the weight of the permanent stage. It is not simply a check that the relationship existed, it is a reassessment of whether the relationship is genuine and continuing at the time of the permanent decision.

The Department of Home Affairs evaluates the relationship across the same four categories used at the first stage: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the couple’s commitment to one another. Updated evidence covering all four categories is required.

What the permanent stage adds is time. Two years have passed since lodgement, and the Department of Home Affairs expects to see evidence of the relationship as it has developed over that period, not a repeat of the material submitted at the first stage. The specific documents and submissions required depend on the couple’s individual circumstances, and what is sufficient varies considerably from one case to the next.

[aml_difference][/aml_difference]

What Happens If Things Have Changed?

The permanent stage assessment accounts for how the couple’s life has developed since the temporary grant, including changes that occurred during the processing period.

Changes in circumstances since the temporary grant must be disclosed to the Department of Home Affairs. This includes changes of address, passport details, family composition, or any criminal matters arising since the original application. Changes in the sponsor’s circumstances, including changes to their citizenship or residency status, must also be reported.

Where circumstances have changed in more complex ways, such as a period of separation, financial changes, or other developments in the relationship, how the evidence file is constructed around those changes can affect the outcome of the permanent assessment. What is straightforward in some circumstances can require careful handling in others.

What If the Relationship Has Ended Before the Subclass 100 Is Granted?

If the relationship has broken down before the Subclass 100 is granted, the applicant is generally no longer eligible for the permanent visa. There are limited exceptions under the Migration Act 1958, including where the applicant has experienced family violence during the relationship, where the couple shares a dependent child, or where the sponsor has passed away. Each exception has its own legal requirements, and the individual circumstances will determine whether it applies and what evidence is needed.

What the Subclass 100 Grant Provides

Once granted, the partner visa 100 gives the holder permanent residency in Australia. As a permanent resident, the holder has full access to Medicare and, in time, the pathway to Australian citizenship becomes available once the general residency requirements under the Australian Citizenship Act 2007 (Cth) are met. These include four years of lawful presence in Australia immediately before applying, with at least one year as a permanent resident.

[success_stories] [/success_stories]

How Australian Migration Lawyers Can Help

The permanent stage of a Subclass 100 application turns on the specific facts of the relationship as it stands two years after lodgement. What needs to be proved, what the Department of Home Affairs is likely to focus on, and how the evidence file should be structured all depend on circumstances that differ from one couple to the next.

At Australian Migration Lawyers, our team of migration lawyers works with applicants on both the Subclass 100 and Subclass 801 permanent stage assessments. We review the relationship as it stands at the two-year mark, advise on the evidentiary position, and prepare the updated file accordingly. We act in accordance with the Migration Act 1958 and our legal obligations, and we 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 application, or if your permanent stage has become more involved than you expected, contact Australian Migration Lawyers today. Book a free consultation with one of our qualified migration lawyers. In-person, video, and telephone consultations are available.

Nicholas Merlin Esq. is a Senior Australian Migration Lawyer at Australian Migration Lawyers, admitted in Victoria in 2022, with 20 years of combined US and Australian legal experience.
Nicholas Merlin Esq.

With 15 years of experience in United States law and public administration, followed by 5 years practising Australian migration law, Nick brings a depth of cross-jurisdictional legal expertise to his work as an Australian migration lawyer.

Nick holds a Bachelor of Arts in Political Science from Florida State University (2000), a Juris Doctorate from St. Thomas University School of Law (2004), and a Master of Public Administration from Florida State University (2007). He has been a member of the Florida Bar since 2006 and the District of Columbia Court of Appeals Bar since 2007, establishing a distinguished international legal career before relocating to Melbourne in 2021.

After completing his Australian legal studies at La Trobe University and The College of Law, he was admitted as an Australian lawyer by the Supreme Court of Victoria in 2022. He subsequently obtained Legal Practitioner Number 5513285, through which he practises in migration law. He is a member of the Law Institute of Victoria.

Nick offers expert guidance on a wide range of migration matters. Having personally navigated the migration process himself, he brings both professional expertise and genuine understanding of what clients experience throughout the process.

Nick serves clients nationally, including in Melbourne, Sydney, Brisbane, Perth, and Adelaide, providing comprehensive support.  

He has represented clients in proceedings before the Administrative Review Tribunal (ART), bringing tribunal advocacy experience to complex and contested migration matters.

Outside his professional life, Nick enjoys reading, travel, and exploring Melbourne's coffee culture.

Read More

LEGAL DISCLAIMER: Articles and blog posts published by Australian Migration Lawyers provide general information only and do not constitute migration or legal advice. Reading this content does not create a lawyer-client relationship, and any reliance on it is strictly at your own risk. Because migration laws change frequently, please consult a registered Australian Lawyer for professional advice tailored to your specific circumstances before making any migration decisions or applications.

Chat icon graphic

Book your free 30 minute consultation

Tell us about your situation, and we will get back to you shortly.

‍

Disclaimer copy

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Chat icon graphic

Book your free 30 minute consultation

Tell us about your situation, and we will get back to you shortly.

‍

Disclaimer copy

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Free Migration Tools

Quick, free tools to help you understand your options before you speak with a migration lawyer — estimate your visa costs or check your PR points.

Team collaborating in an office
Cost Estimator
Employer-Sponsored Visa Fee Calculator

Estimate Department of Home Affairs charges for employer-sponsored visas — Skills in Demand (subclass 482) nomination and visa, or Employer Nomination Scheme (subclass 186) — including the nomination fee, SAF levy and dependants.

Get Started
Skilled professional working on a laptop
Cost Estimator
Skilled Visa Fee Estimator

Estimate the Home Affairs visa application charge for subclass 189, 190 or 491 — including any partner or children applying with you.

Get Started
Map of Australia
Points Calculator
PR Points Calculator

See where your score sits against the 65-point minimum for the Subclass 189, 190 and 491 visas, based on age, English ability, work experience and more.

Get Started

Claim your consultation

Tell us a little about your situation, and one of our migration lawyers will get back to you as soon as possible.