Visa 100 Checklist

If you’re thinking of pursuing a life with your partner in the land down under, you’re going to need a comprehensive subclass visa 100 checklist.

Are you ready to embark on a life-changing adventure? Imagine a land of beaches, vibrant cities, and breathtaking landscapes. Australia, a country known for its diverse culture and welcoming people, offers an opportunity for you to make it your forever home. And the key to unlocking this dream lies within the subclass 100 visa.

Subclass 100 Partner (Migrant) Visa: Overview

Before we move on to the visa 100 checklist, here’s an overview of what the subclass 100 visa is. This section will allow you to check if you are eligible for this visa. You can also read about the benefits in store for you if you have this visa.

The subclass 100 visa is a pathway to permanent residency in Australia for individuals who are married or in a de-facto relationship with an Australian citizen. It is the second and final step towards becoming a permanent resident, granting you the freedom to build a life in the land Down Under.

Because Visa 100 is a permanent visa,  it will allow you to do any of the following:

• stay in Australia as a permanent resident
• work in Australia
• study in Australia
• access Australia’s public healthcare scheme, Medicare
• sponsor your family members to come to Australia
• travel to and from Australia
• If eligible, attend free English language classes provided by the Adult Migrant English Program
• If eligible, apply for Australian citizenship.

The first step in getting this visa is to acquire a temporary partner (provisional) visa or the subclass 309 visa. This visa allows you to live, work, or study in Australia while your permanent partner visa or the subclass 801 visa is in process. 

As of July 1, 2023 the 309 visa will cost you around AUD 8,850 and this is the combined cost for the processing of your permanent partner visa. Thus, you will no longer pay for any fee for the processing of your subclass 100 visa.

Moreover, aside from the requirement that you must hold a subclass 309 visa to get the 100 visa, your dependent child, if any, must hold a Dependent Child visa (subclass 445). Additionally, you need to be in a genuine and ongoing relationship with your partner.

Your Visa 100 Checklist 

To make it easier and more convenient for you, here is your visa 100 checklist for all the requirements you need:

• You must have no debt to the Australian government, or have arranged to pay debts back.
• You must hold:
  • a Partner (Provisional) visa (subclass 309), or
  • a Dependent Child (subclass 445) visa, for your dependent child.
• You must continue to be the spouse or de facto partner of the same person who sponsored you for the temporary Partner visa. Thus, you must:
  • be married or in a de facto relationship
  • have a genuine and continuing relationship
  • live together or don’t live permanently apart
  • be mutually committed to a shared life excluding other partners.
• If your relationship has changed, follow these steps.
• Make sure that the visa application is in the best interests of the applicant if he or she is under 18. If not, the Department of Home Affairs (DHA) may refuse it.

Additional Checklist

• Check if your application documents are complete:
  • Identity documents
    • A copy of the personal details page of your most recent passport, which also shows your signature.
  • Character documents
    • A current Australian police certificate, if the certification you attached in your 309 visa application is no longer valid.
  • Evidence of your relationship
  • Dependent children, if any. You need to provide the following for dependents who currently hold a 309 or 445 (Dependent Child) visa:
    • their passport
    • documents that show changes to their situation
    • an overseas police certificate, if applicable, for dependents 16 years old or older.
  • Relationship changes, if any. Fill up this form and attach it to your ImmiAccount.
    • You may also need to prepare the following documents:
      • marriage certificate
      • your child’s or children’s birth certificate/s
      • adoption papers
      • a final divorce decree or legal separation agreement or other relevant document
      • a court decision on child custody
      • the death certificate for your partner
      • proof of change of name. This might be a marriage certificate, deed poll or equivalent document.
• The non-English documents must be translated into English. The translators of these documents must be those that are accredited by the National Accreditation Authority for Translators and Interpreters.
• Apply online through your ImmiAccount.

Note for De Facto Partners

A relationship is only considered if the relationship lasted for at least 12 months. An exemption from the 12-month minimum relationship period requirement applies in the following circumstances:

• You can demonstrate that compelling and compassionate circumstances exist for grant of the visa;
• Your sponsoring partner either is, or was, the holder of a permanent humanitarian visa, and before the grant of that visa, had declared the existence of your de facto relationship;
• Your sponsor has applied for a permanent humanitarian visa; or
• Your relationship is registered with an Australian State or Territory Government

Difference Between the 309 and 100 Visa

You might be wondering what’s the difference between the Partner (Provisional) Visa (subclass 309) and the Partner (Migrant) Visa (subclass 100). 

The Subclass 309 and Subclass 100 visas are both part of the Partner (Migrant) Visa category in Australia. However, there are some key differences between these two visa subclasses:

Subclass 309 Visa

• It is a provisional visa that allows the visa holder to stay in Australia temporarily.
• The visa applicant must be outside of Australia when they apply and when the visa is granted.
• The visa applicant must be in a genuine and ongoing relationship with their Australian partner.
• This visa is the first stage of the Partner visa application process.
• Once granted, it allows the visa holder to live, work, and study in Australia temporarily.
• The visa holder can apply for the Subclass 100 visa after a certain period of time.

Subclass 100 Visa

• Are permanent partner visas that allows the visa holder to stay in Australia indefinitely.
• The visa applicant must have previously held a Subclass 309 visa.
• The visa applicant must continue to be in a genuine and ongoing relationship with their Australian partner.
• This visa is the second stage of the Partner visa application process.
• Once granted, it provides the visa holder with permanent residency in Australia.
• The visa holder can live, work, and study in Australia without any restrictions.

In summary, the Subclass 309 visa is a provisional visa that allows temporary stay in Australia, while the Subclass 100 visa is a permanent visa that grants indefinite stay in Australia. The Subclass 309 visa is the first stage of the application process, and once granted, the visa holder can progress to the Subclass 100 visa after meeting certain requirements.

Expert Visa Guidance at Your Fingertips

Applying for a visa can be complex, but you don’t have to navigate this journey alone. Seek the assistance of migration lawyers who specialise in Australian visas. With this visa 100 checklist, our lawyers at JB Solicitors provide you with expert guidance and support throughout the process, ensuring that you have the best chance of success.

Contact us today for a successful visa grant.