Prospective Marriage Visa (Subclass 300)
- Who can apply for a prospective marriage visa?
The prospective marriage visa is intended for the fiancé of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. It is a temporary visa which will enable you to enter Australia on the basis of your relationship with your partner.
- What is required to apply?
In order to apply for this visa you must be 18 or over. The purpose of this visa is to enable you to travel to Australia to then get married to your partner. You must be outside Australia at the time of application and when the visa is granted. More information can be found here prospective marriage visa information →
- Meeting the visa application requirements.
If you apply for this visa it is your responsibility to provide adequate evidence of a genuine relationship. If your case officer is unsatisfied with the evidence or quality of the evidence provided, you may be subject to a visa refusal. In this case, your application fee will not be refunded.
Producing an incomplete or insufficient application will often result in a visa refusal. If you are unsure of what is required to make a successful visa application it’s highly recommended to seek advice from a registered Australian immigration consultant.
A few important conditions for the applicant of this visa to bear in mind.
- Marrying abroad.
You must not marry before entering Australia. If you decide to get married offshore, you will need to fly to Australia first to activate the visa. If you do not activate your visa before you marry, you will be in breach of a visa condition and your visa may be liable for cancellation.
- Multiple entries.
You can leave and enter Australian as often as you like during the nine month visa validity period. This period will start from the time the visa is granted.
You will have access to the Australian healthcare facilities, but only when you are onshore and have applied for a partner visa.
What’s Included In Our Services?
Comprehensive Visa Assessment – We provide comprehensive, individually tailored visa assessments that take into account your personal circumstances.
Unique Legal Submission – Every visa application is underpinned by a unique legal submission which is individually tailored to strengthen your application.
Regular Updates – Our support is ongoing, but we also feel that it’s important to keep you in the loop at all times with matters relating to your application.
Clear Instructions – Clients receive a detailed set of step-by-step instructions including visa application forms, templates and more…
The Migration Agents Registration Authority
The Migration Agents Registration Authority (MARA) is a government led organisation who regulate Australian migration agents.
Prospective Marriage Visa Information
The prospective marriage visa is for people who have met in person and are engaged to get married.
Note: You will not gain automatic rights to permanent residency as a partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. You will need to apply for a permanent visa should you wish to reside in Australia permanently.
This visa is only valid for a period of 9 months. You must enter Australia within the validity period, marry your sponsor and apply for a partner visa before this visa expires.
With a prospective marriage visa, you:
- are required to enter Australia before you marry your fiancé
- may work or study in Australia, however you will not receive government funding for study fees
- will have access to Australia’s health care scheme, however this is only valid if you are in Australia and you have applied for a Partner visa
- may apply for a Partner visa, after you have married your fiancé
- may enter and leave Australia as many times as you like within 9 months of the visa being granted
Usually your sponsor will be your partner. An eligible sponsor must be an Australian citizen, permanent resident or an eligible New Zealand citizen.
Usually your sponsor will be your partner. An eligible sponsor must be:
- an Australian citizen
- permanent resident, or
- eligible New Zealand citizen
To be considered eligible to sponsor your fiancé, you must:
- be an Australian citizen, permanent resident or an eligible New Zealand citizen
- be aged 18 years or older (this applies to most cases, but not all)
- have met your fiancé in person and you must have met as adults
- be free and willing to marry your fiancé
Your parent or guardian must be your fiancés sponsor if all of the following applies:
- you are 16 or 17 years of age
- you are in Australia
- you would like to sponsor your fiancé who is 18 years or over
In this case, the sponsoring parent or guardian must meet the sponsor eligibility requirements.
You are required to be in a genuine relationship with your spouse. The purpose of this visa is to allow you to enter Australia so that you can marry your fiancé and live together as husband and wife.
Married Applicant Requirements
It is required under Australian Law that your marriage is legal. A marriage in a country other than Australia will generally be accepted as legal if the marriage is valid in that country.
De Facto Applicant Requirements
To be eligible for a de facto visa, you must be at least 18 years old at the time the application is submitted.
The relation between your partner and you must not be family orientated. This means that you must not:
- be a relative of one another i.e. descendant or ancestor
- have the same parents
In Australia, the legal age to get married is 18 years. If you are over 16 years old but still under 18, you will be required to obtain a court order to marry your intended spouse, unless you will both be 18 years or older at the time of the marriage.
If your fiancé in Australia is under 18 years of age, you will still be able to get married, however your fiancé must obtain a court order. If this is the case, you will need to be sponsored by your fiancés parent/s or guardian/s (they will need to be eligible to sponsor you).
Under age, polygamous and same-sex marriages are not accepted in Australia, however same-sex couples will be considered as a de facto relationship for the purposes of this visa.
Same-sex marriages are not allowed in Australia. You must be of the opposite sex to be eligible for a Partner visa.
Intent To Get Married
The purpose of this visa is to allow the applicant to join their partner in Australia with intend of getting married during the 9 month validity period of this visa.
You and your partner must have a genuine and continuing relationship and show a mutual commitment to a shared life together, to the exclusion of all other. You and your partner must be living together on a permanent basis, or, if not, any separation must be on a temporary basis only.
You and your partner can get married in Australia or abroad, however if you get married while the visa application is being processed, you must inform the Department of Immigration so that your visa application can be changed to that of a Partner visa.
In order to be eligible for this visa you and your spouse must be able to indicate that you are in a genuine relationship i.e. you must have met your partner in person. This must be the case even if:
- it is an arranged marriage
- you met each other as children and the marriage was arrange before your turned 18 years of age
- you met on the internet
If you wish to be the sponsor to your fiancé’s visa application, you are required to sign a sponsorship undertaking.
After signing the sponsorship undertaking, the following applies:
- if the visa is granted, you will be responsible for any financial obligations to the Australian government incurred by your partner
- you will be required to support your partner financially in the event that he/she requires English tuition i.e. childcare
- to help your partner settle in Australia, you will be required to provide any relevant information with regards to employment opportunities
- you are to notify the Department of Immigration immediately if your relationship comes to an end or if you withdraw support to your before the application is finalised
If you marry your fiancé before your visa is granted, you should notify the Department of Immigration immediately so they can change your application to that of a Partner visa.
Should your visa be granted, the following requirements apply:
- you are required to enter Australia before you marry your fiancé
- you must enter Australia on the date specified
- you must marry your partner within the validity period of this visa, which is 9 months after the visa has been granted. You may marry in or outside Australia as long as you have entered Australia at least once on this visa before the marriage takes place
- you are required to submit an application for a permanent Partner visa in Australia before this visa expires
- notify the Department of any changes in personal circumstances such as, change of address, or having a child with your fiancé
Health & Character
For the initial visa you will be required to undergo a health examination, however if an examination has already been carried out you are not likely to have to undergo further examinations.
Health Requirements Overview
The health examination is critical because it:
- helps reduce and constrains public spending on health and community services, which also affects social security, pensions and allowances
- reduces the threat of the Australian community being exposed to potential health risks and illnesses
- improves access to health care and community services in short supply
Generally all visa applicants must meet the health requirements, and sometimes their dependants must also meet the requirements, regardless of whether they are migrating to Australia.
In certain cases where a condition or disease has been identified which requires a follow up medical check, you may be required to sign a Medical Officer of the Commonwealth (MOC). In this case you will need to sign a Health Undertaking to meet the health requirement.
Every visa applicant is required to meet the character requirements set out by the Department of Immigration before entering Australia.
Character Requirements for Temporary and Permanent Migration
To be considered good of character, you will be asked to provide police clearance certificates for every country that you have lived in for 12 months or more in the last 10 years since turning 16 years of age.
Prospective Marriage Visa Application Check-list
Note: Original documents should only be supplied on request (penal clearance certificates must be original), and all foreign documents must be translated, preferably by an accredited translator.
Proving your identity
You must be able to prove your identity by providing a certified copy of your birth registration. If you do not have one, you must provide certified copies of the identity pages of at least one of the following:
- Family book showing both parents’ names
- ID documentation provided by the government
- Document issued by the court that verifies your identity
Improve your chances of a successful visa application by working alongside a registered migration agent.
Why use Migration Angels?
- We are registered with the MARA
- We provide ongoing immigration advice
- We specialise in partner visas
Receive a comprehensive visa assessment
Confirm your eligibility for an Australian partner visa.
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Other Partner Visas
Partner Visa Onshore
This visa is suitable for a married partner, a de facto partner, or same-sex partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. If granted, this visa will allow a married partner, a de facto partner, or same-sex partner to remain in Australia.
Partner Visa Offshore
This visa is suitable for a married partner, a de facto partner, or same-sex partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. If granted, this visa will allow a married partner, a de facto partner, or same-sex partner to travel to and enter Australia.