# Partner > visa-100 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text Subclass 100—Partner 100.1—Interpretation 100.111 In this Part: sponsoring partner, in relation to an applicant, means: (a) an Australian citizen, Australian permanent resident, or eligible New Zealand citizen who was specified as the applicant’s spouse, intended spouse or de facto partner in the application that resulted in the grant of the Subclass 309 (Partner (Provisional)) visa mentioned in paragraph 100.221(2)(a), (2A)(a), (3)(a), (4)(a), (4AA)(a) or (4A)(a); or (b) for a person to whom the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa—the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was the spouse or de facto partner of that person at the time the visa was granted. Note: Australian permanent resident, eligible New Zealand citizen, long-term partner relationship and permanent humanitarian visa are defined in regulation 1.03, de facto partner is defined in section 5CB of the Act, and spouse is defined in section 5F of the Act. 100.2—Primary criteria Note: The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 100.21—[No criteria to be satisfied at time of application] 100.22—Criteria to be satisfied at time of decision 100.221 (1) The applicant meets the requirements of subclause (2), (2A), (3), (4), (4AA) or (4A). (2) The applicant meets the requirements of this subclause if: (a) the applicant is the holder of a Subclass 309 (Partner (Provisional)) visa; and (b) the applicant is the spouse or de facto partner of the sponsoring partner; and (c) subject to subclauses (5), (6) and (7), at least 2 years have passed since the application was made. (2A) The applicant meets the requirements of this subclause if: (a) the applicant is the holder of a Subclass 309 (Partner (Provisional)) visa which the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant to the applicant; and (b) the applicant is the spouse or de facto partner of the sponsoring partner; and (c) subject to subclauses (5), (6) and (7), at least 2 years have passed since the Minister made the decision mentioned in paragraph (a). (3) The applicant meets the requirements of this subclause if the applicant: (a) is the holder of a Subclass 309 (Partner (Provisional)) visa; and (b) would meet the requirements of subclause (2) or (2A) except that the sponsoring partner died; and (c) satisfies the Minister that the applicant would have continued to be the spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died. (4) The applicant meets the requirements of this subclause if: (a) the applicant is the holder of a Subclass 309 (Partner (Provisional)) visa; and (b) the applicant would meet the requirements of subclause (2) or (2A) except that the relationship between the applicant and the sponsoring partner has ceased; and (c) the applicant has entered Australia after making the application; and (d) either or both of the following has experienced family violence committed by the sponsoring partner: (i) the applicant; (ii) a member of the family unit of the sponsoring partner or of the applicant or of both of them. Note: For special provisions relating to family violence, see Division 1.5. (4AA) The applicant meets the requirements of this subclause if the applicant: (a) is the holder of a Subclass 309 (Partner (Provisional)) visa; and (b) would meet the requirements of subclause (2) or (2A) except that the relationship between the applicant and the sponsoring partner has ceased; and (c) has: (i) custody or joint custody of, or access to; or (ii) a residence order or contact order made under the Family Law Act 1975 relating to; at least one child in respect of whom the sponsoring partner: (iii) has been granted joint custody or access by a court; or (iv) has a residence order or contact order made under the Family Law Act 1975; or (v) has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation. (4A) The applicant meets the requirements of this subclause: (a) if the applicant held a Subclass 309 (Partner (Provisional)) visa that ceased on notification of a decision of the Minister to refuse a Subclass 100 visa; and (b) if the ART: (i) has remitted that decision for reconsideration and, as a result, the Minister decides that the applicant satisfies the criteria for the grant of a Subclass 100 visa apart from the criterion that the applicant hold a Subclass 309 visa; or (ii) has determined that the applicant satisfies the criteria for the grant of a Subclass 100 visa apart from the criterion that the applicant hold a Subclass 309 visa. (5) Paragraphs (2)(c) and (2A)(c) do not apply to an applicant who at the time of making the application was in a long-term partner relationship with the sponsoring partner. (6) Paragraphs (2)(c) and (2A)(c) do not apply to an applicant whose sponsoring partner: (a) is, or was, the holder of a permanent humanitarian visa; and (b) before that permanent visa was granted, was in a married relationship or de facto relationship with the applicant of which Immigration was informed before that permanent visa was granted. (7) Nothing in paragraphs (2)(c) and (2A)(c) prevents the Minister, less than 2 years after the application is made, from: (a) refusing to grant a Subclass 100 visa; or (b) granting a Subclass 100 visa to an applicant who meets the requirements of subclause (3), (4) or (4AA). 100.222 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and (b) if the applicant had turned 18 at the time of application—public interest criterion 4019. 100.224 (1) Each member of the family unit of, and each person who is dependent on, the applicant who is an applicant for a Subclass 100 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4020; and (b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019. (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 100 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 100.225 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant— public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 100.226 If: (a) at least 2 years have passed since the application was made; and (b) the applicant does not meet the requirements of subclause 100.221(2A), (3), (4) or (4AA); the applicant is nominated for the grant of the Subclass 100 visa by the sponsoring partner. 100.3—Secondary criteria Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 100.31—Criteria to be satisfied at time of application 100.311 The applicant is a member of the family unit of a person who has applied for a Partner (Migrant) (Class BC) visa, and the Minister has not decided to grant or refuse to grant a visa to the person. 100.32—Criteria to be satisfied at time of decision 100.321 The applicant: (a) is the holder of a Subclass 309 (Partner (Provisional)) visa that was granted on the basis that the applicant was a member of the family unit of, or dependent on, another person who was the holder of a Subclass 309 visa, and that other person has been granted a Subclass 100 visa; or (c) is the holder of a Subclass 445 (Dependent Child) visa that was granted on the basis that the applicant was the dependent child of a parent who was the holder of a Subclass 309 or 445 visa and who has been granted a Subclass 100 visa; or (d) is a person: (i) who holds: (A) a Subclass 445 (Dependent Child) visa; or (B) a Subclass 309 (Spouse (Provisional)) visa; or (C) a Subclass 309 (Partner (Provisional)) visa; which the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant to the applicant; and (ii) who, at the time the visa mentioned in subparagraph (i) was granted, was the dependent child of, a member of the family unit of, or dependent on, another person: (A) who, at the time mentioned in subparagraph (ii), was the holder of a Subclass 445 (Dependent Child) or a Subclass 309 (Partner (Provisional)) visa; and (B) who, since the time mentioned in subparagraph (ii), has been granted a Subclass 100 visa. 100.322 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019. 100.324 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 100.4—Circumstances applicable to grant 100.411 The applicant must be: (a) in Australia, but not in immigration clearance; or (b) outside Australia; when the visa is granted. 100.5—When visa is in effect 100.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 100.6—Conditions 100.611 If the applicant is outside Australia at the time of grant, first entry must be made before a date specified by the Minister for the purpose. 100.612 If the applicant meets the primary criteria and is outside Australia at the time of the grant, condition 8502 may be imposed before the applicant’s first entry to Australia as the holder of the visa. 100.613 If the applicant meets the secondary criteria and is outside Australia at the time of the grant, either or both of conditions 8502 and 8515 may be imposed before the applicant’s first entry to Australia as the holder of the visa.