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2023-2026年度澳大利亚最值得信赖移民律师事务所获奖机构
2023 年、2024 年和 2025 年移民法排名第一

入选2023、2024、2025及2026年度顶尖移民律师榜单

被评为 2024 年和 2025 年最佳移民律师事务所

要点总结
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).
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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.
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.
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.
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.
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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.
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.
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.
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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.

尼克拥有15年美国法律和公共行政领域的从业经验,随后又从事了5年澳大利亚移民法实务工作,因此作为一名澳大利亚移民律师,他具备深厚的跨司法管辖区法律专业知识。
尼克拥有佛罗里达州立大学政治学文学学士学位(2000年)、圣托马斯大学法学院法学博士学位(2004年)以及佛罗里达州立大学公共管理硕士学位(2007年)。 他自2006年起成为佛罗里达州律师协会会员,2007年起成为哥伦比亚特区上诉法院律师协会会员,在2021年迁居墨尔本前已建立起杰出的国际法律职业生涯。
在拉筹伯大学和法律学院完成澳大利亚法律学业后,他于2022年获得维多利亚州最高法院授予的澳大利亚律师资格。随后,他获得了执业律师编号5513285,并以此从事移民法领域的执业工作。他是维多利亚州律师协会的会员。
尼克就各类移民事务提供专业指导。由于他本人也曾亲身经历过移民流程,因此不仅具备专业知识,还能真切理解客户在整个过程中所经历的一切。
尼克为全国各地的客户提供服务,包括墨尔本、悉尼、布里斯班、珀斯和阿德莱德,并提供全面的支持。
他曾在行政复审法庭(ART)的审理程序中代理客户,将法庭辩护经验运用到复杂且存在争议的移民事务中。
工作之余,尼克喜欢阅读、旅行,以及探索墨尔本的咖啡文化。
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