Prospective Marriage Visa

Subclass 300 is for people who want to come to Australia to marry their prospective spouse.

If you are offshore and want to migrate to Australia to be with your partner or spouse, you have two options

1. Offshore Partner Visa (Subclass 309/100)

2. Prospective Marriage Visa (Subclass 300)

The main requirement for the Prospective Marriage Visa:

The Prospective Marriage visa (subclass 300) is for people who want to come to Australia to marry their prospective spouse. It is a temporary visa valid for 9 months. During these 9 months, you are expected to come to Australia and get married. Once you are married, you would be eligible to apply for the onshore Partner visa (Subclass 820/801).

If you intend to get married outside of Australia or within a short period of time then this visa may not be for you. You should consider the other partner visa options as above.

Let Us Contact You

What Is The Application Process?

There are 2 stages for the application:

Stage 1: Sponsorship Application

All applicants for a partner category visa must have a sponsor. The sponsor must be prepared to sponsor the visa applicant and any members of the family unit who are also included in the application and who are also migrating with the applicant. The sponsor is usually the person with whom the visa applicant has the fiancé(e) or partner relationship.

Be an Australian citizen, permanent resident or eligible New Zealand citizen
No criminal record involving violence towards children and women
Be 18 years or over (if 16 or 17 and wish to sponsor someone above 18, the parent or guardian must be the sponsor)

Previously sponsored a partner or been sponsored as a partner
- Previously sponsored 2 or more persons as a fiancé for migration, or
  - Sponsored another fiancé or partner within last 5 years
  - Unless compelling circumstances exist warranting a waiver
Currently or previously a contributory parent category visa holder
- If you have been granted a permanent contributory parent category visa on or after 1 July 2009, you are unable to sponsor a person for a partner category visa for 5 years from your visa grant date if you were in a married or de facto relationship with that person on or before the date you were granted the contributory parent category visa.
- Exceptions exist e.g. compelling reasons

To provide adequate accommodation and financial assistance as required to meet your partner’s reasonable living needs
If applying for partner visa outside Australia, you will need cover this for the first 2 years.
If applying from within Australia then the partner would need to cover the 2 years following the grant of the temporary partner visa

Stage 2: Visa Application

A visa applicant must:

Be outside of Australia

Be at least 18 years of age

Know and have met the Sponsor in person since each of them turned 17

Meet health and character requirements

Meet other Public Interest Criterion such as holding a valid passport etc.

Be sponsored by their fiancé, who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen

Show evidence of genuine intention to marry and that the marriage is intended to take place within the visa period

What is suitable evidence of a genuine intention to marry?

In order to show that there is a genuine intention to marry within the visa period, evidence of arrangements being made for the wedding/marriage ceremony can be provided. This can include:

Booking of wedding venue

Letter from the Celebrant who will be conducting the ceremony Sometimes, case officers will also ask for evidence of no impediments to marry e.g. to confirm that the individuals are single.

What is a Notice of Intention to Marry (NOIM)?

In Australia, a Notice of Intention to Marry (NOIM) must be lodged for any person that wants to marry in Australia. This is lodged with the celebrant who will be conducting the ceremony and should be lodged no less than 1 month and no more than 18 months before the proposed date of the ceremony. NOIMs are valid for up to 18 months. These can be provided to support the application however it is not necessary.

What Mistakes Do People Usually Make?

The most common mistake generally originates from a lack of research and understanding for the visa subclass. Timing is key for this visa. You need to factor in the processing time for the visa which constantly fluctuates and also the maximum 9 month visa grant period, as you must show an intention to marry during the visa grant period. If you present an intention to marry too early, then you may not get the visa in time. If it is outside the visa grant period, then your visa will be refused as you have failed to present an intention to marry during the visa grant period.

Other common mistakes are:

Providing insufficient or wrong types of evidence that does not support any legal requirement

Providing documents without sufficient explanation

The visa applicant must remain offshore at the time of grant. (Though, this does not prevent the visa applicant from making a short trip to Australia first, in the meantime).

What We Like About This Visa?

The Onshore or Offshore Partner visa has stringent requirements to show that there is a genuine de facto or spousal relationship.

For the prospective marriage visa, there is no specific legal requirement to assess the same stringent requirements of a genuine relationship. Instead, the assessment is whether there is a genuine intention to marry which makes it easier to be granted with this visa, especially where you may not have strong enough evidence to satisfy all four (4) factors that form part of the stringent requirements.

You can also save costs when applying for an onshore Partner visa program as the second step after this visa is granted.

What Questions Do Migration Agents Ask Our Accredited Specialists?

Depending on your circumstances, there are a number of visas you may consider. Click on the following types of Partner Visas to find out more information.

Liability limited by a scheme approved under Professional Standards Legislation.

Agape Henry Crux. ABN: 98 611 605 200