So often I hear the people lodge the 309 provisional partner visa and forget about the 100 until it is too late. this can be because of bad planning, or a misunderstanding.
The 100 visa is the permanent stage of the partner visa and is applied for at the same time as you lodge the 309 offshore provisional partner visa. The 100 is normally applied for 2 years after the 309 is lodged, But in some circumstances you can be eligible earlier.
This visa allows you to enter or remain in Australia on the basis of your married or de facto relationship with your partner:
- on a temporary visa (usually for a waiting period of approximately two years from the date you applied for the visa)
- on a permanent visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.
Your partner must provide sponsorship for you.
This visa is for you if you want to enter Australia on the basis of your relationship with your partner. Your partner must be one of the following:
- an Australian citizen
- an Australian permanent resident
- an eligible New Zealand citizen.
Note: As the partner or fiancé of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you do not have an automatic right of permanent residence in Australia. If you want to reside permanently in Australia you must first apply for a permanent visa and be assessed against the legal criteria for the grant of that visa.
If you have a permanent Partner visa:
- you are permitted to enter or remain permanently in Australia with your partner
- you are entitled to work and study in Australia you may enroll in Australia’s medical benefits expenses and hospital care scheme, Medicare
- you may be eligible to receive certain social security payments (as you are exempt from the two year Newly Arrived Residents Waiting Period)
- you may be eligible to apply for Australian citizenship (subject to the residency eligibility criteria)
- you are permitted to enter or remain in Australia with your partner