Partner Visa Australia Checklist
Current partner visa legislation enables a visa applicant to apply for a temporary and a permanent partner visa in one hit – one initial application and one visa application charge. The subclass 820/801 visa application is the onshore version of the subclass 309/100 visa application. The 820 and 309 visas are the temporary partner visas. The 801 and 100 visas are the permanent partner visas. The government has flagged that partner visa applicants may soon be required to pay one fee at the temporary partner visa application stage and a second fee at the permanent partner visa assessment stage.
Holders of an 309 visa are usually assessed for the permanent partner visa (the 100 visa) two years after the date of their original application. However, a Department of Home Affairs decision maker may assess the permanent partner visa before those two years are up if the applicant and sponsor were in a qualifying relationship for at least two years at the time the 309/100 visa application was lodged and they have a child together OR if the couple can prove that they were in a qualifying relationship for at least three years when their 309/100 visa application was lodged.
In some circumstances, it is possible for a temporary partner visa applicant or a temporary partner visa holder to be granted a permanent partner visa even though their relationship with their sponsor has come to an end. This may include situations where the applicant has been subjected to domestic violence or where the applicant has an Australian child.
The subclass 100 visa is the permanent residence stage of the subclass 309 visa. The visa applicant is required to submit another application in IMMI Account unless the 309 and 100 visa were granted on the same day. That final stage application is called the Permanent Partner Visa Assessment (PPVA). There is currently no fee to pay when the PPVA is submitted, but this may change in the not too distant future.
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Subclass 100 partner visa - am I eligible to apply for this visa?
This visa is the final stage in the offshore partner visa process. Most people will need to hold the 309 visa a full two years before they can proceed to the Permanent Partner Visa Assessment.
The Permanent Partner Visa Assessment gives you an opportunity to satisfy the Department that you are still in a continuing and genuine relationship with your sponsor. If you can’t prove this, your partner visa application is likely to be refused.
Having said that, if your relationship breaks down before your permanent partner visa is granted, in some situations it may still be possible to be granted a permanent partner visa. Applicants who have suffered domestic violence or have an Australian child may be able to obtain permanent residence. It all depends on the facts.
What is the current processing time for a 100 visa?
The Department of Home Affairs publishes the average processing times for visa applications on its website. See – https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times. Applicants who submit a top quality partner visa application will usually have their visa granted much faster than an applicant who provides insufficient documents and information. It’s important to give your partner visa application your very best shot if you want your visa granted as quickly as possible.
Am I eligible for Medicare on this visa?
Yes, as a permanent resident you are eligible to enrol in Medicare.
Can I use the same evidence I used when I applied for the Subclass 309 visa?
Some of the evidence that you provided as part of your 309 visa application will be relevant to your subclass 100 Permanent Partner Visa Assessment application – E.g. your passports and marriage certificate (if you are married). However, for the PPVA you will need to provide additional evidence starting from the date upon which your 309 visa was granted. It’s about proving that you and your partner are still in a genuine and continuing relationship.
Am I eligible to be granted a Partner Visa (Subclass 100) before the two-year date?
The Department can grant a person a 100 visa before the two-year date in certain circumstances. This might be where the applicant and sponsor were in a ‘long-term partner relationship’ on the date that their application was submitted. This could mean a 3-year spouse (married) or defacto relationship or a 2-year relationship where the applicant and sponsor have a dependent child together. This can also include situations where the sponsor dies before visa grant.
Some of my documents are not in English, how do I go about adding these to my application?
The Department of Home Affairs requires you to provide copies of your original documents (that are written in a language other than English) PLUS the NAATI or accredited English translations.
Do all my documents need to be certified?
Certified copy documents are no longer required. The Department of Home Affairs now accepts quality scanned colour copies (or quality mobile phone photographs) of your original documents.
What if my circumstances change?
If there are any material changes to your circumstances (change of address, change of passport, change of phone number etc.) after you have lodged your partner visa application, you are obliged to notify the Department as soon as possible. You can either complete a Form 1022 Notification of Changes Circumstances and send it to the Department or you can simply update your details in ImmiAccount. Form 1022 can be downloaded here: https://immi.homeaffairs.gov.au/form-listing/forms/1022.pdf.
This Subclass 100 Partner Visa checklist is provided as a general guide only and must not be used as migration advice. Each partner visa application is unique. If you seek personalised advice, we recommend that you book a consultation with one of our experienced registered migration consultants.
Subclass 100 Partner Visa Checklist:
- At least 2 Statutory Declarations by third parties supporting your relationship (Form 888). We recommend providing 4 to 6 Form 888s. These should be completed by people who know about and support your relationship could be family members, relatives, friends, your partner’s family members etc.
You need to show that you are in a continuing relationship with your sponsor.
- Passport biodata page for the applicant
- Marriage certificate (where relevant)
- Evidence of Shared Accommodation, such as:
- Joint lease agreement
- Bond payment
- Mortgage documents
- Joint property ownership documents
- Utility bills
- Evidence of Correspondence Addressed Jointly, such as:
- Receipts, invoices, deliveries, bills
- Letters, cards or invitations sent by mail to you both at your home address
- Letters from your bank, including bank statements, that show your joint home address
- Evidence of Joint Financial Commitments, such as:
- Joint bank account(s)
- Joint financial documents
- Joint insurances
- Joint bills and other financial liabilities
- Joint car loans
- Evidence of Joint Memberships of Organisations of Groups, such as:
- Joint gym memberships
- Joint golf/tennis club memberships
- Relationship statements from you and your sponsor
- Subclass 309 Visa Grant Notification
Documents for Dependent Children included in the application:
- Birth certificates
- Evidence of custody arrangements
- If they are over 18 years of age, evidence of dependence and support
- Dependent Child (subclass 445) visa grant notice (if applicable)
Sponsors Personal Documents
- Passport biodata page of the Sponsor
- Statutory Declaration of Sponsor attesting Genuineness of the Relationship
Health and Character
- Police Clearances for Applicant
- Police Clearances for dependent children aged 16 years and over (where applicable)
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