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9.2.2.10 Visa Subclass 100 Spouse/Partner

 

Note: With the commencement of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Act 2008 on 1 July 2009, the Migration Regulations 1994 were amended to replace 'spouse' with 'partner'. 'Spouse visas' continue to be issued for spouse visa applications lodged prior to 1 July 2009.

 

Usually the former holder of Spouse/Partner provisional visa subclass 309. A dependent child could also have been a former holder of provisional visa subclass 309 or a subclass 445 Dependent child visa (on the basis of being added to a parent's visa application) prior to being granted a visa subclass 100 Permanent visa.

 

On 25 June 2009 the Minister signed a determination allowing a QRE to the holder of a visa subclass 100 for PPS, CP, MOB, CSHC, HCC and all social security benefits (1.1.S.190) (other than SpB), regardless of the visa subclass previously held by the person.

 

Note: It is possible for a person to hold a subclass 100 Spouse/Partner visa without having any evidence of holding a 309 Provisional spouse/partner visa before being granted the 100 Permanent visa.

 

It is also possible for a dependent child to hold a subclass 100 Permanent visa without having any evidence of a subclass 309 or 445 Dependent child visa.

Assurance of Support

No (from 1 January 2012)

Permanent Resident

Yes

Sponsored/Nominated

Sponsored

What Payments Eligible For

Holder of a subclass 100 visa has:

- a QRE under SSAct section 7(6AA) for all social security benefits (1.1.S.190) (other than SpB), PPS, CP, MOB, CSHC and HCC, and

- an exemption from the NARWP for all social security payments and benefits if the person is a family member under SSAct section 7(6D) of a certain person.

Policy reference: SS Guide 3.1.2.70 Exemptions from Waiting Periods

 

Qualifies for Age only if:

- has 10 years qualifying residence, OR

- the claimant was receiving WidB, WA or PA immediately before reaching pension age, OR

- the claimant:

  • - is a woman, AND
  • - her partner has died, AND
  • - both the claimant and her partner were Australian residents at the time of the partner's death, AND
  • - the woman was an Australian resident for a continuous period of at least 104 weeks immediately before the day she lodged the claim for Age.

 

Qualifies for DSP only if:

- has 10 years qualifying residence, OR

- the event causing the person's incapacity to work occurred while an Australian resident.

 

May be eligible for FTB and CCB.

Policy reference: FA Guide 2.1.2.20 Verifying Residence/Citizenship, 2.6.2.20 Australian Residency Exceptions for CCB

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Last reviewed: 12 August 2013


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Last Edited: 31/07/2013 12:14:33 PM


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