1. What is the Partner Visa (subclass 100)?

The Partner Visa (subclass 100) is a permanent residence visa for individuals who are in a genuine and ongoing de facto relationship or marriage with an Australian citizen, permanent resident or eligible New Zealand citizen. This visa allows the partner of an Australian citizen or permanent resident to live and work in Australia permanently.

2. What are the requirements for this visa?
The main requirements for the Partner Visa (subclass 100) include:
– Being in a genuine and ongoing de facto relationship or marriage with an Australian citizen, permanent resident or eligible New Zealand citizen
– Meeting health and character requirements
– Having your sponsor be over 18 years old and be an Australian citizen, permanent resident or eligible New Zealand citizen
– Have your relationship be recognized under Australian law as a de facto relationship or marriage
– Meet the financial requirements to prove that you can support yourself in Australia

3. How long does it take to process the Partner Visa (subclass 100)?
The processing time for the Partner Visa (subclass 100) varies depending on individual circumstances. On average, it takes between 12-18 months from when the application is submitted, but it can take longer if there are any complications in the application process.

4. Can I include my children in the application?
Yes, you can include your biological and adopted children, as well as stepchildren and other dependent children, in your application for the Partner Visa (subclass 100). However, they must meet certain eligibility criteria such as being under 18 years of age and being financially dependent on you.

5. Is there a limit on how many people can apply for this visa?
No, there is no limit on how many people can apply for a Partner Visa (subclass 100). However, each applicant must meet all eligibility criteria individually.

6. Is there a waiting period before I can receive my permanent residency?
There is typically no waiting period before receiving your permanent residency through the Partner Visa (subclass 100). Once your application is approved, you will be granted permanent residency and can live and work in Australia indefinitely.

7. What if my relationship breaks down during the application process?
If your relationship breaks down during the application process, you must inform the Department of Home Affairs immediately. Depending on the circumstances, your visa may no longer be valid and it may be canceled. However, if you can provide evidence that the relationship ended due to reasons beyond your control, you may still be able to continue with your application.

8. Can I travel outside of Australia while waiting for my visa to be processed?
Yes, you can travel outside of Australia while waiting for your Partner Visa (subclass 100) to be processed. However, you must inform the Department of Home Affairs before leaving and have a valid visa or re-entry permit to return to Australia.

9. Can I work in Australia with this visa?
Yes, once granted a Partner Visa (subclass 100), you are allowed to work in Australia without restriction.

10. Can I apply for Australian citizenship through this visa?
Yes, once you have lived as a permanent resident in Australia for four years and meet other eligibility requirements, you can apply for Australian citizenship through this visa.

2. Am I eligible to apply for a Partner Visa (subclass 100)?

To be eligible for a Partner Visa (subclass 100), you must meet the following criteria:

1. Be in a genuine and ongoing relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen;
2. Be married to your partner or be in a de facto relationship (living together for at least 12 months);
3. Meet health and character requirements;
4. Meet the eligibility requirements for either the Temporary Partner visa (subclass 820) or the Prospective Marriage visa (subclass 300);
5. Have a sponsor who is willing to support you;
6. Meet any additional requirements based on your individual circumstances.

Additionally, if you are applying from outside Australia, you must have been in a committed relationship with your partner for at least 3 years before lodging your visa application.

3. Can I apply for a Partner Visa (subclass 100) while I am in Australia?
Yes, you can apply for the Partner Visa (subclass 100) while you are in Australia if you meet all of the eligibility requirements. However, if you are not currently in Australia but intend to travel there permanently with your partner, then you should apply for the subclass 309 offshore partner visa instead.

4. What proofs do I need to provide to show that my relationship is genuine and ongoing?
You will need to provide evidence of your relationship when applying for the Partner Visa (subclass 100). This can include documents such as joint bank account statements, shared bills or leases, photos together, and statements from family and friends supporting your relationship.

You may also need to attend an interview with immigration officials where they will ask questions about your relationship to assess its genuineness.

5. How long does it take to process a Partner Visa (subclass 100)?
The processing time for a Partner Visa (subclass 100) can vary depending on individual circumstances such as country of origin and current visa status. The current estimated processing time is approximately 20 to 25 months from the date of lodgement, but may be longer.

6. Can I work in Australia while waiting for a decision on my Partner Visa (subclass 100)?
If you are applying for the Partner Visa (subclass 100) while in Australia, you will be granted a Bridging visa which will allow you to work while your application is being processed.

7. What happens if my relationship breaks down during the processing of my Partner Visa (subclass 100)?
If your relationship breaks down before the grant of your Partner Visa, it is important to inform the Department of Home Affairs as soon as possible. They will assess your situation and may still grant you the visa if they are satisfied that your relationship was genuine and ongoing at the time of application. However, if you separate after the visa has been granted, it will not affect your visa status.

8. Can I include my dependent children in my application for a Partner Visa (subclass 100)?
Yes, you can include any dependent children in your application for a Partner Visa (subclass 100). Dependent children must meet certain criteria such as being under 18 years old or financially reliant on you.

9. Is there an age requirement for the Partner Visa (subclass 100)?
There is no age requirement for the applicant for a Partner Visa (subclass 100), however, there may be age restrictions for sponsors and their ability to support their partner through sponsorship obligations.

10. Can I travel outside Australia while waiting for a decision on my Partner Visa (subclass 100)?
Yes, you can travel outside Australia while waiting for a decision on your Partner Visa (subclass 100), however, it is recommended that you notify the Department of Home Affairs of any overseas travel plans. Additionally, keep in mind that traveling may also impact any interviews or assessments that need to be conducted during the processing of your application.

3. Can I apply for a Partner Visa (subclass 100. if my partner is an Australian citizen?

Yes, you can apply for a Partner Visa (subclass 100) if your partner is an Australian citizen. The subclass 100 visa allows the spouse or de facto partner of an Australian citizen to live and work in Australia permanently. In order to be eligible for this visa, you must have been in a genuine and ongoing relationship with your partner for at least 3 years, or have registered your relationship with the relevant Australian state or territory authority. You will also need to meet other requirements such as health and character checks, and provide evidence of shared financial commitments and household responsibilities. For more information on eligibility criteria and how to apply, you can visit the Department of Home Affairs website. It is recommended that you seek professional advice from a migration agent or lawyer before applying for any visa.

4. How do I prove my relationship for a Partner Visa (subclass 100)?

Proving your relationship is a crucial part of the Partner Visa (subclass 100) application process. The Department of Home Affairs requires evidence to show that your relationship is genuine and ongoing.

Here are some ways you can prove your relationship for a Partner Visa:

1. Provide Personal Statements or Statutory Declarations: You and your partner can write personal statements detailing the history of your relationship, how you met, and how it has progressed since then. These statements should provide information on your shared experiences, commitment and plans for the future.

2. Show Joint Finances: Providing evidence of joint financial commitments such as joint bank accounts, bills in both names, shared loans or purchases can be helpful in proving your commitment to building a life together.

3. Have Joint Social Activities: Evidence of joint social activities such as holiday trips, attending family events or celebrations together can demonstrate that you are a couple in a genuine relationship.

4. Provide Correspondence: Letters, emails or cards addressed to both partners from family and friends, confirming their knowledge of the relationship can help solidify its authenticity.

5. Show Proof of Cohabitation: If you live together with your partner, provide documents that prove this such as lease agreements with both names, utility bills or joint official correspondence.

6. Submit Photos: Good quality photographs showing shared experiences at different stages of the relationship can help strengthen your case.

7. Get Support Letters: Have friends and family who know about your relationship provide letters explaining their knowledge of it including when and how they met you as a couple.

8. Show Communication Logs: Evidence of regular communication such as phone records or Skype logs helps prove an ongoing relationship despite distance barriers.

It is important to remember that all evidence must be genuine and relevant to your specific situation. The above list is not exhaustive; additional evidence may have to be provided depending on factors like cultural differences. Getting professional guidance from an immigration lawyer could also increase your chances of a successful application.

5. Are there any age restrictions for the Partner Visa (subclass 100)?

There are no specific age restrictions for the Partner Visa (subclass 100). However, both the applicant and their partner must be at least 18 years old at the time of application. There is also no maximum age limit for this visa, but older applicants may be subject to additional health and character requirements.

6. What are the financial requirements for a Partner Visa (subclass 100)?

The financial requirements for a Partner Visa (subclass 100) include meeting the income threshold determined by the Australian Government, providing evidence of combined finances with your partner, and showing that you are prepared to support your partner financially for at least 2 years.

Specifically, you will need to provide:

1. Proof of meeting the minimum income requirement: You and your partner must have a combined taxable income of at least AUD $53,900 per year. This amount may vary depending on factors such as whether you have dependent children and the cost of living in the Australian state or territory where you will be living.

2. Evidence of shared financial commitments: You must provide evidence that you have joint ownership or shared responsibility for any assets or liabilities. This can include property, vehicles, bank accounts, credit cards, loans, insurance policies, or bills in both names.

3. Financial support declaration: You will need to complete a financial support declaration form stating that you understand your legal obligation to financially support your partner for at least 2 years after they arrive in Australia on their subclass 100 visa. This includes any family members sponsored on their original subclass 309 visa as well.

4. Evidence of employment and income: You may be asked to provide recent payslips, bank statements, tax returns or other documents to show proof of employment and income.

5. Assurance of Support (AoS): In some cases, you may be required to obtain an AoS from an eligible sponsor who is willing to provide financial assistance if needed.

It’s important to note that these requirements may vary depending on individual circumstances and additional documents may be requested if necessary. It’s recommended to seek advice from a professional migration agent before submitting your application.

7. Is there an English language requirement for a Partner Visa (subclass 100)?

Yes, there is an English language requirement for the Partner Visa (subclass 100). The applicant must demonstrate competent English language skills by providing evidence of having achieved at least a score of 4.5 on the International English Language Testing System (IELTS) test in all four components (reading, writing, speaking and listening), or by successfully completing an equivalent test. Alternatively, if the applicant holds a passport from a country where English is the official language, they may be exempt from this requirement.

8. How long does it take to process a Partner Visa (subclass 100)?

The processing time for a Partner Visa (subclass 100) can vary and depends on several factors, such as the completeness of your application, the complexity of your case, and the current processing times at the Australian visa office where your application is being processed.

On average, it can take between 12-18 months to process a Partner Visa (subclass 100). However, some applications may be processed faster or slower than this timeframe. It is essential to provide complete and accurate documentation to avoid delays in processing your visa application.

9. Can I work in Australia with a Partner Visa (subclass 100)?

Yes, the Partner Visa (subclass 100) allows you to work in Australia. This visa is designed for spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens who are already living in Australia. As a holder of this visa, you have the right to work and study in Australia. However, it is important to note that this visa does not automatically grant you employment opportunities. You will still need to apply for jobs and meet the requirements set by potential employers. Additionally, if you hold another type of visa that does not allow work, you will need to obtain permission from the Department of Home Affairs before starting any paid employment.

10. Do I need health insurance for a Partner Visa (subclass 100)?

Yes, health insurance is a requirement for the Partner Visa (subclass 100). You will need to provide proof of adequate health cover for yourself and any dependent family members included in the application. This can be in the form of private health insurance or enrollment in Australia’s public health system, Medicare.

11. Can I include my children in my application for a Partner Visa (subclass 100)?

Yes, you can include your children in your application for a Partner Visa (subclass 100) as long as they meet certain criteria. The eligibility of your children will depend on the type of relationship you have with them and their age at the time of application.

If you are applying for a Partner visa as a married couple, your dependent children or step-children under the age of 18 years old are eligible to be included in your application. This includes children from previous relationships or those born during the processing of the visa.

If you are applying for a Partner visa as de facto partners, your dependent children or step-children under the age of 18 years old are also eligible to be included in your application. In addition, if you have been living together for at least 12 months at the time of application, any children from previous relationships or borne during this period can also be included.

However, if your child is over 18 years old at the time of application and is not financially dependent on you, they cannot be included in your Partner visa application. They would need to apply separately for a different visa.

It is important to note that all children included in the application must meet Australian health and character requirements. Additionally, proof of legal custody or permission from non-applying parents may be required if applicable.

For more information on including children in a Partner visa application, please refer to the Department of Home Affairs website.

12.Can my same-sex partner also apply for a Partner Visa (subclass 100)?

Yes, same-sex partners can also apply for a Partner Visa (subclass 100) as long as they meet the requirements outlined by the Australian Department of Home Affairs. This includes being in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen and meeting the health and character requirements. The same-sex nature of the relationship is not a deciding factor in the application process.

13.What documents do I need to submit with my application for a Partner Visa subclass?

When applying for a Partner Visa subclass, you will need to submit a variety of documents to support your application. Some of the key documents that you will typically need to provide include:

1. Form 47SP – Application for migration to Australia by a partner
2. Form 40SP – Sponsorship for a partner to migrate to Australia
3. Proof of identity, such as a passport or birth certificate
4. Evidence of your relationship with your partner, such as marriage or de facto partnership certificate, photos together, joint financial statements, etc.
5. Police clearance certificates from any country you have lived in for more than 12 months in the past 10 years, if applicable
6. Health examinations completed by an approved doctor
7. Evidence of meeting the Australian health and character requirements
8. Copy of your current visa (if you are in Australia) or proof of legal entry into and residence in a third country (if you are outside Australia)
9. If your partner is an Australian citizen or permanent resident, evidence of their status, such as birth certificate or citizenship certificate
10.Certified copies and translations (if necessary) of all documents submitted.

It is important to note that the specific documents required may vary depending on individual circumstances and the type of partner visa being applied for. It is recommended to check the Department of Home Affairs website for detailed information and specific requirements based on your situation before submitting your application.

14.Do I need to register my marriage or de facto relationship before applying for the visa?

It depends on the specific visa you are applying for and the requirements of the country you wish to immigrate to. In some cases, official proof of marriage or de facto relationship may be required in order to apply for a visa. It is important to carefully review the visa requirements and consult with a professional immigration advisor to determine if registration is necessary for your particular case.

15.How much does it cost to apply for a partner visa subclass?

The cost of applying for a partner visa subclass can vary depending on the specific circumstances and country of residence. The base application fee for a partner visa (both onshore and offshore) is currently $7,715 AUD. However, additional costs may apply for things like health examinations, police checks, and migration agent fees. It is best to check the current application fees on the Australian government’s Department of Home Affairs website for the most accurate and up-to-date information.

16.Can I apply for permanent residency from this visa?

It depends on the specific visa you hold and your individual circumstances. Some visas may have a pathway to permanent residency, while others do not. It is best to consult with an immigration lawyer or the relevant immigration authority for more information on this matter.

17.Is it necessary to have lived together with my partner before applying?

No, it is not necessary to have lived together with your partner before applying. However, if you are planning to apply for a spousal visa or permanent residency based on your relationship, it may be beneficial to have evidence of cohabitation as it can help support the genuineness of your relationship.

18.My partner has children from another relationship, can they also be included in the visa application?

It is possible for your partner’s children from a previous relationship to be included in the visa application, as long as they meet the eligibility requirements for the specific visa category you are applying for. You will need to provide proof of your relationship with them and their eligibility, such as birth certificates and/or custody documents. Additionally, they may be required to undergo health and character checks. It is important to consult with an immigration lawyer or the official government website for specific guidelines on including dependents in your visa application.

19.If my partner and I were previously married, do we need to provide proof of divorce before applying?

Yes, proof of divorce is typically required before applying for marriage. This can be in the form of a divorce decree or certificate issued by the court where the divorce was finalized. This is necessary to ensure that both parties are legally eligible to enter into a new marriage.

20.Is there any additional support available while waiting for the visa decision?

Yes, there may be additional support available while waiting for the visa decision. Some options include seeking guidance from a lawyer or immigration consultant, reaching out to your embassy or consulate for assistance, or connecting with support groups or forums online for individuals in similar situations. It may also be helpful to stay informed about any updates or changes regarding visa processing and to regularly check the status of your application.