Can a Lawyer Help With the Subclass 100 Permanent Partner Visa Stage?

What happens at the Subclass 100 permanent partner visa stage?

At the Subclass 100 permanent partner visa stage, the Department checks that the couple are still in a genuine and continuing relationship. It generally asks for updated evidence across the financial, household, social and commitment aspects of the relationship, together with any police certificates or other documents it needs. The applicant does not lodge a new application for the Subclass 100, because it was applied for with the Subclass 309. Our guide to partner visa second stage documents sets out what the Department usually asks for.

What if the relationship has ended before the Subclass 100 is decided?

A relationship that ends before the Subclass 100 is decided does not always end the application. Clause 100.221 allows the permanent visa to be granted in limited circumstances, including where the sponsor has died, where the applicant or a family member has suffered family violence by the sponsor, and where there is a child of the relationship. These provisions have strict conditions, and the applicant must generally have entered Australia on the Subclass 309. Where family violence is involved, our family violence partner visa lawyers prepare the claim and its evidence.

Can the Subclass 100 be granted earlier than usual?

The Subclass 100 can be granted without the usual waiting period where the partner relationship is long-term, as the regulations define it, at the time the application was lodged. In that case the Department can grant the Subclass 309 and Subclass 100 close together. Whether a relationship qualifies depends on its length and circumstances on the lodgement date, and our article on the partner visa double grant explains how this works.

What can go wrong at the permanent stage?

The permanent stage can go wrong where the couple has not kept the Department informed, where the evidence no longer shows a shared life, or where new character or health issues have arisen. Changes of address and passport, new children and periods apart all need to be explained. A refusal at this stage carries review rights, which are covered in our article on partner visa second stage refusal.

What does a lawyer do at the Subclass 100 stage?

A lawyer at the Subclass 100 stage reviews what has changed since lodgement, prepares updated relationship evidence, checks that every change of circumstances was notified, and responds to any request for information or natural justice letter within the time allowed. Where the relationship has ended, the lawyer assesses whether a relationship cessation provision applies before anything is said to the Department. The broader two-stage process is explained in our guide to the permanent partner visa.

How can My Migration Lawyers help with your Subclass 100 stage?

My Migration Lawyers, led by Principal Lawyer Weiwei Zhang, can be engaged for the Subclass 100 stage as a separate matter, including where the Subclass 309 was lodged by another representative or by the couple themselves. The firm reviews the original application first, so the updated evidence is consistent with what was lodged two years earlier, and it handles the harder permanent stage cases involving separation, family violence or long periods apart. Australian sponsors can learn more about our work on the Subclass 309 visa.