1. What is the Australia Partner Visa 100 and who is eligible for it?

The Australia Partner Visa 100 is a permanent visa that allows the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. This visa is specifically designed for individuals who are in a committed relationship with an Australian partner and wish to move to Australia to be with them. To be eligible for the Australia Partner Visa 100, applicants must meet certain requirements, including being in a genuine and ongoing relationship with their Australian partner. Additionally, applicants must have been granted a temporary Partner visa subclass 309 before applying for the Partner visa 100. It’s important to note that there are specific criteria and documentation that need to be provided to demonstrate the legitimacy of the relationship for this visa.

2. What is the difference between the subclass 309 and subclass 100 visas for partners?

The main difference between the subclass 309 and subclass 100 visas for partners lies in the timing of when the visa holder becomes eligible for permanent residency in Australia. The subclass 309 visa, also known as the provisional partner visa, allows the applicant to live in Australia with their partner for a temporary period while their permanent partner visa application (subclass 100) is being processed. Once the subclass 100 visa is granted, the applicant becomes a permanent resident of Australia. In other words, the subclass 309 visa is a temporary visa leading to permanent residency, while the subclass 100 visa is a direct pathway to permanent residency for eligible applicants.

3. How long does it typically take to process the Australia Partner Visa 100 application?

The processing time for an Australia Partner Visa 100 application can vary depending on various factors such as the completeness of the application, the individual circumstances of the applicant, and the current caseload of the Department of Home Affairs. On average, the processing time for a Partner Visa 100 application ranges from 12 to 18 months. However, it is important to note that this timeframe is an estimate and actual processing times may vary. It is recommended to check the Department of Home Affairs website for the most up-to-date information on processing times.

4. What are the financial requirements for the Australia Partner Visa 100?

The financial requirements for the Australia Partner Visa 100 involve demonstrating that the sponsor (the Australian partner) can provide adequate financial support to the applicant (the foreign partner) throughout their stay in Australia. Specifically:

1. Proof of income: The sponsor must showcase a stable and sufficient income to support both themselves and the applicant, usually evidenced through employment contracts, pay slips, and tax returns.

2. Financial capacity: The sponsor needs to display that they have the means to cover the living expenses of the couple without relying on government assistance.

3. Assurance of support: The sponsor may also be required to sign a legally binding Assurance of Support, which commits them to provide financial support to the applicant for a specific period.

Overall, the financial requirements for the Australia Partner Visa 100 aim to ensure that the applicant will not become a burden on the Australian social welfare system and that both partners can sustain themselves comfortably in Australia.

5. Can an applicant include their dependent children in the Australia Partner Visa 100 application?

Yes, an applicant for the Australia Partner Visa 100 can include their dependent children in the application. Dependent children can be included as secondary applicants if they meet certain criteria set by the Department of Home Affairs. To be considered dependent, the child must be unmarried, financially reliant on the applicant or sponsor, and under the age of 18. However, in some circumstances, dependent children over the age of 18 can still be included if they have a physical or mental disability that prevents them from earning a living. It’s important to provide all necessary documentation and information about the dependent children at the time of lodging the visa application to ensure a smooth process.

6. What are the health and character requirements for the Australia Partner Visa 100?

The health and character requirements for the Australia Partner Visa 100 are crucial aspects of the application process, designed to ensure that applicants are able to contribute positively to Australian society and that their entry will not place an undue burden on the country’s healthcare system.

1. Health Requirements: Applicants for the Australia Partner Visa 100 must undergo a medical examination to assess their health status. This examination typically includes checks for infectious diseases such as tuberculosis and HIV, as well as general physical and mental health assessments. Applicants are required to meet certain health standards to be deemed eligible for the visa, and any significant health issues may result in the application being refused or delayed.

2. Character Requirements: In addition to the health assessment, applicants are also subject to character requirements as part of the Australia Partner Visa 100 application process. This involves providing police clearance certificates from all countries where the applicant has lived for a certain period of time. The purpose of this requirement is to ensure that the applicant does not have a criminal record or present a risk to the Australian community.

Overall, meeting the health and character requirements is essential for a successful Australia Partner Visa 100 application, as failure to do so can result in the visa being refused. It is important for applicants to carefully adhere to these requirements and provide all necessary documentation to support their application.

7. What evidence is required to prove the genuine nature of the relationship for the Australia Partner Visa 100?

To prove the genuine nature of the relationship for the Australia Partner Visa 100, a range of evidence is required. This evidence typically includes, but is not limited to:

1. Relationship history: Providing details of how and when the relationship began, key milestones, and the development of the relationship over time.
2. Communication evidence: This can include emails, text messages, social media interactions, or phone records that demonstrate ongoing communication between the partners.
3. Financial aspects: Evidence of shared financial commitments such as joint bank accounts, shared bills, or property ownership can help establish the economic aspects of the relationship.
4. Social proof: Including statements from friends and family, photographs of the couple together at various events, and invitations to social gatherings as evidence of a shared social network.
5. Future plans: Documentation showing intentions to continue the relationship in the future, such as travel plans, joint applications for leases or loans, or discussions about starting a family.

By providing a comprehensive range of evidence across these categories, applicants can demonstrate the genuine nature of their relationship, increasing the chances of a successful application for the Australia Partner Visa 100.

8. Can the sponsor be a permanent resident of Australia or do they need to be a citizen?

The sponsor for an Australia Partner Visa 100 must be either an Australian citizen or an eligible New Zealand citizen. Permanent residents of Australia are not eligible to sponsor their partners for this particular visa. Therefore, it is a requirement that the sponsor holds Australian citizenship or is an eligible New Zealand citizen in order to lodge a successful Partner Visa 100 application. The sponsor plays a crucial role in supporting the visa application and demonstrating a genuine and committed relationship with the applicant.

1. Australian citizen sponsors are considered the most common category for the Australia Partner Visa 100.
2. New Zealand citizens who meet certain criteria, such as living in Australia and holding a subclass 444 Special Category visa, are also eligible to sponsor their partners for this visa.

9. Are there any limitations on the type of relationships that qualify for the Australia Partner Visa 100?

Yes, there are certain limitations on the type of relationships that qualify for the Australia Partner Visa 100. The visa is specifically designed for individuals who are in a genuine and committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. The following factors are considered to determine the genuineness of the relationship:

1. The applicants must be legally married or in a de facto relationship, including same-sex relationships.
2. The couple must provide evidence of a mutual commitment to a shared life together, such as joint financial commitments, shared household responsibilities, and social activities.
3. The relationship must be exclusive and ongoing, with both partners intending to continue the relationship long term.

It’s important to note that the immigration authorities assess each case individually to ensure that the relationship meets the eligibility criteria for the visa. Any potential limitations or concerns regarding the validity of the relationship may impact the visa application process.

10. Can the applicant work in Australia while their Australia Partner Visa 100 application is being processed?

Yes, the applicant can work in Australia while their Australia Partner Visa 100 application is being processed. However, there are important points to consider regarding work rights during this time:

1. Bridging Visa: Once the applicant has lodged their Partner Visa application and their current visa expires, they will generally be granted a Bridging Visa A (BVA). The BVA allows them to remain lawfully in Australia while their Partner Visa application is being processed.

2. Work Rights on Bridging Visa:
a. The BVA typically includes full work rights, which means the applicant can work in Australia without any restrictions.
b. If the applicant already holds a substantive visa with work rights at the time of applying for the Partner Visa, these work rights will usually continue on the subsequent BVA.

3. Notification Requirement: It is important for the applicant to notify the Department of Home Affairs of any changes in their circumstances, including changes in employment details, while their Partner Visa application is being processed.

4. Professional Advice: It is recommended for the applicant to seek advice from a registered migration agent or immigration lawyer to ensure they understand their work rights and obligations during the processing of their Australia Partner Visa 100 application.

11. What are the conditions attached to the Australia Partner Visa 100 once it is granted?

Once the Australia Partner Visa 100 is granted, there are certain conditions that are attached to it:

1. Stay with Your Partner: The primary condition of the Australia Partner Visa 100 is that the visa holder must live with their partner in Australia for the duration of the visa. This is to ensure that the visa is being used for its intended purpose of allowing partners to live together in Australia.

2. Comply with Australian Laws: The visa holder is required to comply with all Australian laws and regulations while residing in the country. This includes abiding by immigration laws, working within the limits of their visa conditions, and following all other laws of the land.

3. Maintain Relationship: The visa holder is expected to maintain a genuine and continuing relationship with their partner for the duration of their stay in Australia. This includes living together, sharing financial responsibilities, and supporting each other emotionally.

4. Notify Changes: Any changes in the visa holder’s personal circumstances, such as address changes, new contact details, or changes in the relationship status with their partner, must be notified to the Department of Home Affairs.

5. Obey Visa Conditions: The visa holder must comply with all visa conditions attached to the Australia Partner Visa 100, such as not working in prohibited occupations, ensuring healthcare arrangements, and possible restrictions on access to government benefits.

Failure to comply with these conditions may result in the visa being revoked or cancelled by the Department of Home Affairs. It is important for visa holders to understand and adhere to these conditions to ensure a smooth and successful stay in Australia under the Partner Visa 100.

12. Is it possible to appeal a decision if the Australia Partner Visa 100 application is rejected?

Yes, it is possible to appeal a decision if the Australia Partner Visa 100 application is rejected. When a visa application is refused, the applicant will usually be informed of the reasons for refusal and whether they have a right to appeal. If the decision is incorrect or based on incorrect information, applicants can seek a review through the Administrative Appeals Tribunal (AAT).

1. The AAT can independently review the decision made by the Department of Home Affairs and can overturn the decision if it finds that the refusal was not justified.
2. It is important to note that there are strict time limits for lodging an appeal, so it is crucial to act promptly and seek legal advice if considering an appeal.
3. Appeals can be a complex and lengthy process, so having the support of a migration agent or lawyer with experience in visa appeals can greatly increase the chances of a successful outcome.

13. How long is the Australia Partner Visa 100 typically valid for?

The Australia Partner Visa 100 is typically valid indefinitely once it is granted. This visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. Upon approval, the visa holder can stay in Australia indefinitely, work and study in Australia, enroll in Australia’s public healthcare scheme, sponsor eligible relatives for permanent residence, and apply for Australian citizenship if eligible. It is a permanent residency visa, meaning there is no expiry date on the visa itself, as it grants the holder the right to remain in Australia indefinitely and access a range of benefits and rights as a permanent resident.

14. What is the process for obtaining permanent residency after holding the Australia Partner Visa 100?

After holding the Australia Partner Visa 100, an individual can apply for permanent residency through the Subclass 801 visa. This visa is a permanent residency visa that allows the partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to remain in Australia indefinitely. The application process for the Subclass 801 visa involves submitting a new application form, paying the relevant fees, providing updated documents to demonstrate continued commitment to the relationship, and meeting the eligibility criteria set by the Department of Home Affairs. The processing time for this visa can vary, but once approved, the applicant will obtain permanent residency in Australia. It is essential to ensure all requirements are met and provide accurate and up-to-date information to increase the chances of a successful outcome.

15. Are there any English language proficiency requirements for the Australia Partner Visa 100?

Yes, there are English language proficiency requirements for the Australia Partner Visa 100. As of November 2021, applicants need to demonstrate “functional English” to be eligible for this visa. Functional English can be shown by providing evidence of one of the following:

1. Holding a valid passport from the United Kingdom, United States of America, Canada, New Zealand, or the Republic of Ireland.
2. Completing at least five years of full-time study in a secondary and/or higher education institution where the instruction was conducted in English.
3. Obtaining a score of at least 4.5 in the International English Language Testing System (IELTS) test in each of the four test components (speaking, reading, listening, and writing).
4. Providing evidence of having obtained an equivalent English language proficiency level through a recognized English language test.

Meeting the English language proficiency requirement is crucial for the successful processing of the Australia Partner Visa 100 application. Applicants who do not meet these requirements may need to consider taking additional steps to improve their language proficiency or seek alternative visa pathways that do not have the English language requirement.

16. Can the applicant travel in and out of Australia while holding the Australia Partner Visa 100?

Yes, applicants holding the Australia Partner Visa subclass 100 can travel in and out of Australia freely. This visa is a permanent residency visa that allows the visa holder to live, work, and study in Australia indefinitely. As a permanent resident, the applicant has the right to enter and leave Australia as many times as they wish. It is important to note that while the visa allows for multiple entries into the country, the visa holder must also ensure they meet the residency requirements to maintain their visa status. Additionally, it is advisable for visa holders to always check the visa conditions and travel requirements before making any travel plans to ensure compliance with Australian migration laws.

17. What are the rights of the applicant in terms of healthcare and education in Australia with the Australia Partner Visa 100?

Upon obtaining the Australia Partner Visa 100, the applicant, as the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen, gains the right to access healthcare services in Australia. They are eligible to enroll in Australia’s public healthcare system, Medicare, which provides access to a range of healthcare services at no or reduced cost. Additionally, the applicant may also be eligible for subsidized pharmaceuticals under the Pharmaceutical Benefits Scheme (PBS).

In terms of education, the applicant with the Australia Partner Visa 100 has the right to enroll in educational institutions in Australia, from primary school to tertiary education. They can access local education at the same tuition fees as Australian citizens and permanent residents, rather than international student rates. The applicant can also access government-funded vocational education and training programs. Furthermore, the partner visa holder may be eligible for government assistance through various programs to support their education and training needs.

Overall, the Australia Partner Visa 100 provides significant rights in terms of healthcare and education in Australia, ensuring that the applicant can access essential services and opportunities to support their well-being and integration into Australian society.

18. Can the applicant apply for citizenship in Australia after holding the Australia Partner Visa 100 for a certain period of time?

Yes, an applicant who holds the Australia Partner Visa 100 can apply for citizenship in Australia after meeting certain requirements and holding the visa for a specific period of time. In general, to be eligible for Australian citizenship, the applicant must have held a permanent visa, such as the Partner Visa 100, for at least four years immediately before applying, including at least one year as a permanent resident. Additionally, the applicant must have been living in Australia on a valid visa for four years, with at least one year as a permanent resident, and have not spent more than 12 months outside of Australia in the four-year period. Meeting these residency requirements and passing the citizenship test are essential steps for an Australia Partner Visa 100 holder to apply for Australian citizenship.

19. How can a registered migration agent assist with the Australia Partner Visa 100 application process?

A registered migration agent can provide invaluable assistance with the Australia Partner Visa 100 application process in several ways:

1. Initial Assessment: A migration agent can assess your eligibility for the visa and provide guidance on the requirements you need to meet.
2. Application Preparation: They can help prepare and organize the necessary documentation to support your application, ensuring that all forms are completed accurately and submitted on time.
3. Communication with Authorities: Agents can liaise with the Department of Home Affairs on your behalf, addressing any queries or concerns throughout the application process.
4. Legal Advice: Migration agents are knowledgeable about Australian immigration laws and policy changes, providing you with expert advice on navigating potential challenges.
5. Appeal and Review: If your visa application is refused, a registered migration agent can assist with preparing appeal submissions or requesting a review of the decision.

Overall, partnering with a registered migration agent can significantly increase your chances of a successful Australia Partner Visa 100 application by providing expert guidance and support throughout the process.

20. What are some common reasons for the refusal of Australia Partner Visa 100 applications and how can they be avoided?

Some common reasons for the refusal of Australia Partner Visa 100 applications include:

1. Incomplete or incorrect documentation: Ensure that all required documents, such as birth certificates, marriage certificates, and evidence of relationship history, are provided in the correct format and according to the Australian Department of Home Affairs guidelines.

2. Lack of evidence of a genuine and ongoing relationship: Providing strong evidence of your relationship, such as joint financial commitments, shared assets, communication records, and supporting statements from family and friends, can help demonstrate the genuineness of your partnership.

3. Failure to meet health and character requirements: Ensure that both the sponsor and the visa applicant meet the health and character requirements set by the Australian government. This may include medical examinations and police clearance certificates.

4. Insufficient financial support: Demonstrating that the sponsor is able to provide adequate financial support to the visa applicant is essential. This can be shown through tax returns, payslips, employment contracts, and other financial documentation.

To avoid these common reasons for refusal, it is crucial to carefully review all requirements and guidelines provided by the Australian Department of Home Affairs, seek assistance from a migration agent or immigration lawyer if needed, and ensure all documentation is thorough, accurate, and up to date. Prior preparation and attention to detail can significantly increase the chances of a successful Australia Partner Visa 100 application.