Partner Visa Subclass 100

The Subclass 100 is the permanent partner visa for couples who applied from outside Australia. It is applied for at the same time as the Subclass 309, and is usually assessed at least 2 years after the combined application was lodged. The applicant must hold the Subclass 309 and still be in a genuine and continuing relationship with the sponsor. My Migration Lawyers prepares Subclass 100 second stage evidence and acts when the second stage becomes complicated.
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Eligibility

When are you eligible for the Subclass 100 visa?

Under clause 100.221 of the Migration Regulations 1994, the standard Subclass 100 criteria are that:

the applicant holds a Subclass 309 visa
the applicant is still sponsored by the same Australian partner
the relationship is still genuine and continuing
at least 2 years have passed since the combined Subclass 309 and Subclass 100 application was made

There is no second application and no second application charge in the standard case. The Department reopens the Subclass 100 stage and asks for updated information. See What Is the Difference Between the 309 and 100 Partner Visas? and Temporary vs Permanent Partner Visa.

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Subclass 100 visa

Get Advice on Your Subclass 100 Second Stage

Tell us where your partner visa is up to. A lawyer will tell you what the Subclass 100 stage needs and whether anything in your situation needs attention.
Include your 309/100 lodgement date, your 309 grant date, whether you're in Australia, and any relationship changes since. If the Department has set you a deadline, say so first.

They took the time to understand our relationship, and their guidance made preparing our partner visa documents much easier. Very thankful for their support.

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Yan H

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Without the wait

Can the Subclass 100 be granted without waiting 2 years?

Yes. If the couple were in a long-term partner relationship when the application was made, the Subclass 100 can be granted straight after the Subclass 309.
Your situation when you applied
Long-term partner relationship?
In a relationship for at least 3 years
Yes
In a relationship for at least 2 years, with a dependent child of both partners
Yes
A dependent child who is a stepchild only
No, a stepchild does not count for this purpose

The length of the relationship is measured at the date the application was made, not the date of decision. See Partner Visa Long-Term Relationship and Permanent Partner Visa.

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Before the Subclass 100

Do you need to be in Australia to get the Subclass 100?

No. The Subclass 100 can be granted whether you are in Australia or outside Australia, as long as you are not in immigration clearance. Most Subclass 309 holders move to Australia before the second stage, but it is not a requirement.
Where you have lived since the Subclass 309 was granted matters for the evidence. Couples who lived together in Australia usually have the strongest second stage evidence. Couples who have been apart need to explain why. See Partner Visa Second Stage Documents.
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If the relationship ends

What happens to the Subclass 100 if the relationship ends?

If the relationship ends before the Subclass 100 is decided, the standard criteria cannot be met. The Department must be told. The Subclass 100 can still be granted in these situations.
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01

Family violence

The family violence provisions can allow the Subclass 100 to be granted. See Family Violence Partner Visa Lawyers

02

The sponsor has died

The Subclass 100 can be granted if the relationship would have continued. See Partner Visa After Partner Death: Options and Evidence.

03

A child of the relationship

Custody or access rights to a child of the sponsor can support grant. See How Do I Tell Home Affairs Our Relationship Has Ended?

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Second stage and refusal

What evidence does the Subclass 100 second stage need, and what if it is refused?

The Subclass 100 stage needs evidence that the relationship has continued since the Subclass 309 was granted, across finances, the household, social life and commitment, with updated Form 888 statements and police certificates.

If the Subclass 100 is refused, the Subclass 309 is also affected, so get advice straight away about review and your right to remain. See Partner Visa Second Stage Refusal: Review Rights and Options and Do I Need a Lawyer for the Partner Visa Second Stage?

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How we help

How does My Migration Lawyers help with the Subclass 100 visa?

We act for Subclass 309 holders at the Subclass 100 stage, in Australia and overseas, including where circumstances have changed.
Professionals collaborating at a table

1. Check eligibility

We check whether you meet the standard criteria or one of the exceptions.

2. Check the long-term rule

We check whether your relationship qualified as long-term when you applied.

3. Plan the evidence

We tell you what evidence the time since the Subclass 309 needs to show.

4. Prepare the statements

We help you update your relationship statement and the Form 888 statements.

5. Handle a changed relationship

We advise on family violence, death of a sponsor and child custody cases.

6. Respond to the Department

We respond to any request or concern before the decision.

7. Act on a refusal

If the Subclass 100 is refused, we advise on review and act within the time limit.

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Why choose us

Why choose My Migration Lawyers for the Subclass 100?

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Why choose us

Why choose My Migration Lawyers for the Subclass 100?

The Subclass 100 is the step to permanent residence after the Subclass 309, so the evidence has to be right.

We know clause 100.221

We apply the standard criteria and every exception to your facts.

We act in Australia and overseas

We advise Subclass 309 holders wherever they are living.

We handle changed circumstances

We advise when the relationship, address or family has changed.

We act on review

If the Subclass 100 is refused, we act quickly on review.
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Common questions

Subclass 100 Visa Frequently Asked Questions

Is the Subclass 100 a permanent visa?

Yes. It is a permanent visa, with travel rights for 5 years from grant.

Do I pay a second application charge for the Subclass 100?

Do I need to hold the Subclass 309 to get the Subclass 100?

Yes, in almost every case. If the Subclass 309 is cancelled, get advice straight away.

Can the Subclass 100 be granted outside Australia?

Yes. The Subclass 100 can be granted in or outside Australia.

Is a partner visa permanent residency?

Can I change from a Subclass 309 application to a Subclass 820?

Who can help with an offshore Subclass 309 and Subclass 100 visa?

Can a lawyer help with the Subclass 100 stage?

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About the Reviewer

Who Reviewed This Page

Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Weiwei Zhang, Principal Lawyer at My Migration Lawyers

Weiwei Zhang

Principal Lawyer
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Last Reviewed
9 October 2026
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