Prospective Marriage visa (subclass 300)

Features

This visa allows people to come to Australia to marry their fiancé.

If you are granted this visa, you should marry your fiancé and apply for a Partner (subclasses 820 and 801) visa before your Prospective Marriage visa (subclass 300) expires.

Eligibility

You must:

  • intend to marry
  • have met and know your prospective spouse
  • be the opposite sex to your prospective spouse (same-sex couples can apply for a Partner visa)
  • be at least 18 years of age.

The purpose of the Prospective Marriage visa is to allow the fiancé(e) of an Australian citizen, permanent resident or eligible New Zealand citizen to travel to Australia in order to be married. The marriage must take place within nine months of the visa grant date, following which the applicant is eligible to apply for a Partner visa. The minimum requirements for this visa are as follows:

PROSPECTIVE MARRIAGE VISA REQUIREMENTS

Relationship

You and your fiancé(e) must:

  • be at least 18 years old, and not be closely related
  • be free to marry one another
  • genuinely intend to get married within nine months of the visa grant date (the marriage may take place either in Australia or overseas)
  • have physically met, and be personally known to each other
  • genuinely intend to live together as a married couple

Sponsor

Your sponsor must:

  • be an Australian citizen, permanent resident or eligible New Zealand citizen
  • not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)
  • not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances)
  • provide police checks to the department when requested, and
  • consent to the department disclosing any conviction for a “relevant offence” to the applicant(s) you are sponsoring.

Your sponsorship will not be approved if you have a conviction for a relevant offence and a substantial criminal history.  A relevant offence includes, but is not limited to offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking and weapons.

APPLICATION PROCESS

This application is lodged with the Department of Home Affairs (DOHA) on behalf of you and your sponsor. The main criterion is that the relationship and your sponsor meet the requirements referred to above. In addition, you must meet the standard health and character checks.

This visa is valid for nine months and allows you to travel to Australia before being married to your fiancé(e). You must be outside Australia both when your application is lodged, and when your visa is granted. The marriage must occur during the validity period of your visa i.e. within nine months of the visa grant date. It may take place either in Australia or overseas.

Next Steps: Partner Visa

Once you have entered Australia and your marriage has taken place, you will be eligible to apply for a Partner visa. This application must be lodged before your Prospective Marriage visa expires. The main requirements for a Partner visa are that:

  • you and your spouse are in a mutually exclusive relationship
  • your relationship is genuine and continuing
  • you live together as a couple, or live apart only on a temporary basis

Provided you are able to meet the relevant criteria, you will be granted a temporary Partner visa, which is valid for a ‘stand-down period’ of approximately two years from the date of the application’s lodgement. At the end of this two-year period, you will be eligible for a permanent Partner visa, provided your relationship continues to meet the requirements referred to above.

PLEASE NOTE: We estimate that it may take several weeks to prepare and lodge your application, with the time taken largely dependent on how promptly you (and your sponsor, if applicable) provide us with the necessary supporting information and documents.

The time that it takes the DOHA to process your application is dependent upon its processing time service standards, and may also vary due to a number of other factors, including the complexity of your case, perceived risk factors and processing priorities. Please contact us for current information regarding likely processing timeframes for this type of application.

Length of stay

​Nine months

Cost

From AUD 7,715

Processing time

75 per cent of applications processed 90 per cent of applications processed
14 Months 21 Months

What you can do

This visa lets you:

  • travel to and stay in Australia for up to nine months
  • work in Australia
  • study in Australia at your own expense
  • travel outside Australia as many times as you want. There is important information for New Zealand citizens.

Cost

From AUD 7,000.

Additional family members

There is a fee for any children applying for the visa with you.

Other costs

If you need to have them, you will have to pay other costs such as those for health checks, police certificates and biometrics.

Partner visa (subclass 820 and 801)

You will also have to pay a fee for your Partner visa (subclass 820 and 801).

If you marry your fiancé and lodge your Partner visa application before your Prospective Marriage visa expires, you will pay a reduced fee.

If you do not lodge your Partner visa application before your Prospective Marriage visa expires, you will pay a higher fee.

Location

You must be outside Australia when you apply for the visa and when the visa is decided.

How long the visas lasts

The visa lasts 9 months from the date it is granted. It cannot be extended.

Family

You can include your dependent children or stepchildren in your application.

If you are granted the visa, your children will have the same rights and visa conditions as you.

Your obligations

You should marry your fiancé and apply for a Partner visa (subclass 820 and 801) before the Prospective Marriage visa (subclass 300) expires.

You and your children must comply with Australian laws and your visa conditions.

You can find your visa conditions in VEVO.

Sponsors

Eligibility

Sponsors must be the fiancé of the visa applicant.

Important changes ahead:

The new sponsored family visa and approval of family sponsor changes commence on 17 April 2019. We have been notified that these changes will NOT affect Partner visas on 17 April 2019 and that current arrangements will continue to operate.

At this stage, there is no time-frame for expansion of the new sponsorship framework to other family visas and therefore the current arrangements for existing visas, including partner visas, will continue to operate from 17 April 2019.

At this stage the new changes to Sponsored family visa’s, scheduled to commence on 17 April 2019 will only be implemented for the new Sponsored Parent (Temporary) 870 visa.

Once the above changes roll out to Partner visas it would mean that Sponsorships must be lodged first and approved before Partner visas can be lodged. If you are planning to apply for a Partner visa we recommend booking an appointment to discuss and understand how these changes may impact you.

Contact us today for a commitment free briefing with our Registered Migration Agents in Melbourne to find more about your visa options.