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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 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 all social security benefits (1.1.S.190) (other than SpB), PPS, CP, MOB, CSHC and HCC, 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.
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Assurance of Support |
No (from 1 January 2012) |
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Permanent Resident |
Yes |
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Sponsored/Nominated |
Sponsored |
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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, and CP. Also has a QRE for 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:
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: 3 January 2012
