It needs no new application or charge, because the $11,710 paid with the combined application covers both stages.
On the Department’s figures pulled 3 October 2026, half of subclass 100 decisions came within 9 months of the eligibility date, and couples who had been together 3 years when they applied (2 years with a child of both) can be granted the 100 straight after the 309.
These are the ordinary pathway and exceptions described by Home Affairs’ Partner (Migrant) visa subclass 100 page, its Global visa processing times guide and the Migration Regulations 1994. The $11,710 figure is the standard base charge for most combined applications from 1 July 2026, not necessarily the amount paid by earlier applicants. The child-based long-term exception requires a dependent child of both partners, not a step-child.
309 → 100 timeline
The following static timeline uses Home Affairs’ Global visa processing times figures pulled 3 October 2026 and the Migration Regulations 1994.
| Step | Milestone | Timing |
|---|---|---|
| 1 | Combined 309/100 application lodged from outside Australia | Day 0 |
| 2 | 309 decided (Department, pulled 3 October 2026) | 50% within 21 months; 90% within 32 months of lodgement |
| 3 | First entry to Australia on the 309 | The sponsor’s two-year undertaking runs from here |
| 4 | Eligible for the subclass 100 assessment | Day 0 + 2 years |
| 5 | Subclass 100 decided | From eligibility: 25% within 8 months, 50% within 9, 75% within 13, 90% within 21 |
Branch A — Together 3 years when you applied, or 2 with a dependent child of both: the 100 can be granted straight after the 309 under clause 100.221(5) and regulation 1.03 of the Migration Regulations 1994.
Branch B — Sponsor is or was a permanent humanitarian visa holder who declared the relationship before their grant: the two-year wait does not apply under clause 100.221(6) of the Migration Regulations 1994. This exception is specific to the 100 permanent stage.
A guide only and not specific to your application. These milestones are not a guaranteed schedule; the 309 may still be awaiting decision at the two-year point.
What is the subclass 100 visa?
The Partner (Migrant) (Class BC) visa, subclass 100 is the permanent second stage of the offshore partner pathway. Home Affairs’ Partner (Migrant) visa subclass 100 page says it is usually granted to temporary subclass 309 holders, who become permanent residents on the day it is granted.
You apply for both stages together through the partner visa application process. Home Affairs says you have already paid for the 100 when making those applications; Schedule 1 item 1129(2)(b) of the Migration Regulations 1994 sets the second instalment at nil.
When is the 100 decided?
Ordinarily, eligibility starts two years after the combined application—not two years after the 309 grant. Home Affairs’ Global visa processing times guide measures subclass 100 processing from that eligibility date. Its figures pulled 3 October 2026 were 8, 9, 13 and 21 months at the 25th, 50th, 75th and 90th percentiles respectively.
Adding the ordinary two-year eligibility period gives about 2 years 9 months from lodgement at the median, or about 3 years 9 months at the 90th percentile. These are arithmetic illustrations, not predicted decision dates. See the partner visa timeline for the broader timing context.
Home Affairs’ Partner (Migrant) visa subclass 100 page says that at decision you must hold the 309—or a 445 for a dependent child—and, in most cases, the relationship must continue. Clause 100.411 of the Migration Regulations 1994 permits grant in or outside Australia. Permanent residence is not an automatic transition on the second anniversary.
Straight to the 100: the long-term relationship exception
The two-year wait can be removed if your relationship was already long-term when you applied. Under regulation 1.03 and clause 100.221(5) of the Migration Regulations 1994, that means three years together, or two years with a dependent child of both partners, excluding a step-child. The 100 can then be granted straight after the 309 if the other criteria are met.
The same long-term exception exists for the onshore permanent partner visa, subclass 801, under clause 801.221(6A). However, the separate humanitarian-sponsor exception in clause 100.221(6)—where the sponsor declared the relationship before their permanent humanitarian visa grant—applies to the 100 only.
Your rights on the 100
Home Affairs’ Partner (Migrant) visa subclass 100 page lists these rights and opportunities:
- Live, work and study in Australia indefinitely.
- Access Medicare, Australia’s public healthcare scheme.
- Sponsor eligible family members to come to Australia.
- Travel in and out for five years from grant; after that, a Resident Return visa is needed to return as a permanent resident.
- Attend free English classes through the Adult Migrant English Program, if eligible.
- Apply for Australian citizenship, if eligible.
The visa does not expire; its five-year travel facility does. Home Affairs’ subclass 100 page also says that, if granted while you are outside Australia, you must enter before the first-entry date in your grant letter.
If the relationship ends before the 100 decision
A relationship ending does not necessarily end eligibility. The Migration Regulations 1994 provide three routes, each with its own conditions:
- Family violence by the sponsoring partner: clause 100.221(4)(c) covers eligible 309/100 applicants who have entered Australia after applying. It is not available merely because an offshore application has been lodged.
- A child of the relationship: clause 100.221(4AA) requires qualifying custody, access, contact or maintenance arrangements involving the applicant and sponsor. Having a child alone is not the whole test.
- The sponsor’s death: clause 100.221(3) requires that the relationship would have continued had the sponsor not died.
If the relationship ends before the 309 is decided, clause 309.222(4) removes the requirement to remain sponsored at decision where a relationship-ended provision applies. This change commenced on 1 July 2024 through the Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024; the family-violence entry condition still matters.
Home Affairs’ Family violence provisions guidance directs applicants to report the end through the Notification of Relationship Cessation form in ImmiAccount. An Australian migration lawyer can check the relevant exception and organise evidence against its requirements.
The ART’s Migration Detailed Caseload Statistics 2025–26 record 32 subclass 100 refusal decisions set aside out of 55 reviews finalised—58%. That is a historical tribunal figure, not an individual’s prospects or evidence of a benefit from lawyer representation.
Moving to Australia on the 309 before the 100
Home Affairs’ Partner (Provisional) visa subclass 309 page says the subclass 309 lets you live, work and study in Australia and travel in and out while the 100 is processed.
For the offshore pathway, regulation 1.20(2)(c) of the Migration Regulations 1994 places the sponsor’s undertaking of financial help and accommodation over two years from first entry. Entry after applying also opens access to the 309/100 family violence provisions; it does not itself establish that their remaining requirements are met.
Frequently asked questions
Does a subclass 100 visa expire?
No. Home Affairs’ subclass 100 page describes it as permanent. Its travel facility lasts five years from grant; afterwards, you need a Resident Return visa to come back as a permanent resident.
How long does a subclass 100 visa take?
Ordinarily, assessment eligibility begins two years after the combined application. Home Affairs’ Global visa processing times figures pulled 3 October 2026 show half decided within nine months of eligibility and 90% within 21 months.
What is the difference between visa 309 and 100?
The Migration Regulations 1994 identify the 309 as the provisional first stage, Class UF, and the 100 as the permanent second stage, Class BC. Both arise from one combined application and one charge.
How much does it cost to get a Subclass 100 visa?
Nothing extra at the permanent stage. Schedule 1 item 1129 of the Migration Regulations 1994 sets the standard base charge at $11,710 from 1 July 2026 for most combined applications, with a nil second instalment.
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, separate from the Home Affairs visa application charge.
When the 100 stage needs a lawyer
The ordinary 100 assessment concerns the continuing relationship about two years after lodgement. Regulations 1.09A and 1.15A of the Migration Regulations 1994 require consideration of financial, household, social and commitment aspects. Current evidence should address those aspects, rather than simply repeat the original relationship history.
If you have had a partner visa refused, a lawyer can examine the reasons and notice. If the relationship ended through violence, the family violence visa guide explains the separate evidence routes.
An Australian migration lawyer can check the current four-aspect relationship evidence for the subclass 100 stage and, if the relationship ended, organise the court or LIN 23/026 evidence required for the applicable family-violence route.