# subclass 100



## jerrycan (Jun 21, 2013)

My partner arrived here under subclass 100.
3 months later she returned to have medical procedure and has been told to stay put (by medic) until end of this month. 
she has been out of aus now for 4 months and this may extend for non medical reasons for a few more months.
any information regarding re-entry appreciated.
I am confused.
thanks


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## Adventuress (Jan 8, 2012)

Hi jerrycan,

The subclass 100 is a permanent visa valid for 5 years after grant. From what you say, it appears that your partner arrived recently, so she doesn't need to do anything else to re-enter the country after leaving. While she holds this visa she can come and go freely until it expires.

After the five years, if she is in Australia when it expires, she is allowed to stay indefinitely without another visa. If she is overseas when it expires and wants to re-enter Australia, she needs to apply for a Resident Return Visa (subclass 155). If she is in Australia after the 100 has expired and she wants to travel and re-enter Australia after travel, she also needs to apply for the Resident Return Visa.
To be eligible for the Resident Return Visa she needs to have been resident in Australia for at least two of the five years before application.


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## jerrycan (Jun 21, 2013)

Hi and thank you very much indeed Adventuress!

Could you please respond with an answer to same scenario and regarding subclass 309?

With best regards
jerrycan


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## CollegeGirl (Nov 10, 2012)

Jerry, people on a 309 are permitted to come and go as they please while on their 309. I'm not sure how that would affect her permanent residency application (or if there's a requirement she live in Oz for a certain amount of time) when she's ready to apply for that, but...


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## jerrycan (Jun 21, 2013)

Thanks for all of this information.

Very much appreciated.
best regards to you all.
j


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## MarkNortham (Dec 19, 2012)

Hi Jerry -

Sounds like you got some great advice from the folks here - one quick correction - the subclass of the Resident Return Visa (needed if you want to re-enter Australia after your initial 5 year period of the subclass 100 ends) is either 155 (for the 5 year or 1 year versions) or 157 for the 90-day version of this visa.

Best of luck with all!

Best,

Mark Northam


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## Adventuress (Jan 8, 2012)

Thanks for that correction, Mark.

Can you please help settle for us, once and for all - are there residence requirements to satisfy in order to be granted the 100, or is the only criterion that the relationship continues to be ongoing and genuine?


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## MarkNortham (Dec 19, 2012)

Hi -

There are no residence requirements for the applicant, as the 100 visa can be granted while the applicant is inside or outside Australia and since 1999 there have not been any residence requirements on the preceeding 309 visa.

That being said, there is a requirement for the 309 visa that the sponsor be "usually resident" in Australia.

Hope this helps -

Best,

Mark Northam


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## jerrycan (Jun 21, 2013)

Stunning advice !!


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## Adventuress (Jan 8, 2012)

Excellent, that was my reasoning too. Many thanks for settling that, Mark, it's been a question that has come up often in the last few weeks here.


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