Prospective Marriage visa (subclass 300)
Features
The Prospective Marriage visa (sometimes called a spouse visa, marriage visa or fiancé visa) gives an individual permission to enter Australia for the specific purpose of marrying their fiancé.
If this visa is awarded, the individual who entered Australia on the Prospective Marriage visa should apply for a Partner (subclasses 820 and 801) visa as soon as possible after their marriage and before their subclass 300 visa expires.
Eligibility
Individuals who intend to apply for a Prospective Marriage visa must:
- have an honest intention to marry their fiancé, whom they should have met and know
- meet general health and good character requirements set by the Australian government
- be 18 years old at the youngest
The Prospective Marriage visa’s specific purpose is to enable an Australian citizen or permanent resident’s (or eligible citizen of New Zealand’s) fiancé to enter Australia for a marriage to take place within 9 months of the visa being granted. Once the marriage has taken place, the applicant becomes eligible for a Partner visa.
PROSPECTIVE MARRIAGE VISA REQUIREMENTS
Relationship
The applicant and their fiancé(e) must:
- be no less than 18 years old
- not be closely related
- have no legal impediment to becoming married to one another
- have met and know each other
- intend to marry of their own free will in Australia or elsewhere within nine months of the visa being granted
- intend to live in a single household as a married couple
Sponsor
The applicant’s sponsor (their fiancé in Australia):
- must be a citizen or permanent resident of Australia, or an eligible citizen of New Zealand
- must not, other than in exceptional circumstances, have sponsored within the previous five years any other individual for migration to Australia as their fiancé, spouse, or partner
- must not, other than in exceptional circumstances, have been sponsored themselves as a fiancé, spouse or partner within the previous five years
- must provide any requested police or criminal records checks
- provide their consent for the details of any ‘relevant’ convictions to be disclosed to their sponsored fiancé
Please note: sponsorships for Prospective Marriage Visas may be rejected if the sponsoring individual has a substantial criminal history or a conviction relating to violence, people smuggling, human trafficking, intimidation, breaches of protection orders or other relevant offences.
APPLICATION PROCESS
In order to get a Prospective Marriage visa, first you should ensure that both you and your sponsor meet the requirements above, as well as the Australian government’s standard health and good character checks for visa applications. If granted, this visa will be valid for between nine and 15 months.
Note that applicants are required to be physically outside of Australia when they apply, but they are permitted to be either in or outside of Australia at the time that the visa is granted. Once you have received your visa, the marriage must take place while your Prospective Marriage visa is valid.
Next Steps: Partner Visa
Once you are married, if you wish to remain in Australia you can apply for a Partner visa, so long as you do so before your Prospective Marriage visa expires. You must also show evidence that:
- you and your spouse remain in an exclusive relationship
- your marriage and your relationship is genuine, and you both intend for it to continue
- you are living together or, if you live separately, you are only doing so temporarily
So long as the above criteria are met, a two-year temporary Partner Visa will be issued. Once these two years have elapsed, as long as your relationship is still ongoing you will become eligible to apply for a permanent Partner Visa.
The time taken for a Prospective Marriage visa application to be considered and a decision reached can vary depending on the specific circumstances of the individuals applying, as well as on Australian authorities’ workloads and any current backlog of applications. Please contact a member of our team for further information on the current likely timescale for consideration of a new Prospective Marriage visa application.
Length of stay
From 9 months to 15 months, starting on the day that the visa is granted.
Costs
$8,850 visa application fee for the primary applicant
$935 each for any accompanying children aged 18 or over
$470 each for any accompanying children aged 17 or younger
Processing time
| 25% of applications processed within | 90% of applications processed within |
|---|---|
| 6 Months | 35 Months |
What is permitted with this visa
This visa allows holders to:
- travel to and remain in Australia for 9-15 months, providing they get married within the first 9 months
- take up paid work in Australia
- undertake full- or part-time study in Australia
- leave and return to Australia without restrictions while the visa is valid.
Family members
It is permitted to include dependent children and stepchildren on this visa. Please note the fees levied by the Australian government for doing this, as outlined above.
If granted, these children will have the same visa conditions as the primary applicant.
Additional expenses
Please bear in mind that as part of your application you may be asked to provide (at your expense) criminal record certificates, health check results and biometric data.
Partner visa (subclass 820 and 801)
If you are converting your Prospective Marriage visa into a Partner visa (subclass 820 and 801), please note that you will have to pay a new application fee to do so. This fee is lower if you submit your application after your marriage but before your Prospective Marriage visa runs out.
Location
Applicants must be physically located outside Australia at the point that they apply for the visa, though they can be inside or outside of Australia when they receive the decision.
Your obligations
Once granted, holders of this visa should marry their fiancé and, before their visa expires, submit an application for a Partner visa.
Both the primary applicant and any dependents added to their application will be obliged to abide by Australian law and the conditions attached to their visa.
Book your no-obligation consultation today with our Registered Migration Agents in Melbourne, and find out the right visa options for your unique circumstances.
