Prospective Marriage visa
The Prospective Marriage visa (subclass 300) is a temporary visa that allows individuals to enter Australia for the purpose of marrying an Australian citizen, permanent resident, or a New Zealand citizen living in Australia. This visa is granted for a period of 9-15 months, during which the holder can transition to temporary and permanent partner visas. It is only available to applicants who apply from outside Australia.
The Prospective Marriage Visa falls under the category of sponsored visas. In this case, the sponsor is the applicant's fiancé or fiancée. According to Australian law, same-sex marriages have the same legal standing as opposite-sex marriages, so the gender of the future spouse does not matter. The applicant's minor children or dependent children over 18 years of age can be included in the application for a Prospective Marriage visa.
General requirements for the applicant:
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Be 18 years of age or older
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Not be married
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Meet health and character requirements
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Be sponsored by a fiancé or fiancée
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Be outside Australia at the time of application
General requirements for the sponsor:
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Be 18 years of age or older
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Not be married
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Be an Australian citizen, permanent resident, or an eligible New Zealand citizen
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Meet character requirements
There are limitations on sponsorship for those who have previously sponsored someone for a Prospective Marriage or Partner visa or were sponsored for such a visa themselves, and for those who hold a Contributory Parent visa, or a Woman at Risk visa.
Please note
A Prospective Marriage visa is not suitable for meeting a future partner. A mandatory condition for a positive decision in granting a marriage visa is that the applicant and the sponsor have met each other in person. Another condition is that the sponsorship must be approved by the Department.
We are experts in Prospective Marriage and Partner visas. We will strategically build your case to achieve favourable outcome.
Expert Advice
The Prospective Marriage Visa is quite specific in terms of the evidence required for your application. Similar to partner visas, it involves a subjective judgment by the reviewing officer. It is crucial to convince the officer not only of the genuine nature of your relationship but also of your sincere intentions to create a genuine family unit that will become an integral part of Australian society.
In addition to joint photographs, pay special attention to documents, letters supporting your relationship and future plans, as well as witness statements. If a minor child is included in the visa application, your case must also contain evidence of compliance with the rights and interests of the child.
A Prospective Marriage visa (subclass 300) entitles the applicant to come and stay in Australia for the entire period of the visa's validity. Upon marriage, the applicant can apply for a Temporary Partner visa (subclass 820). After two years from the date of applying for the Temporary Partner visa, the holder of a subclass 820 visa can apply for a Permanent Partner visa (subclass 801). During this time, the spouses are expected to maintain a joint household and uphold the status of their family relationship, fulfilling the previously declared commitments. At each stage of progression to permanent residency, the Department will request evidence of the validity of the family relationship.
A holder of the Prospective Marriage visa (subclass 300) has full working rights from day one in Australia. The holder can also study, but without government support, meaning they must pay the full cost. However, children holding a subclass 300 visa are entitled to study at school on the same terms as Australian citizens, allowing them to attend public schools for free. When a Temporary Partner visa (subclass 820) is granted, the person gains access to the public healthcare scheme, Medicare, and the right to study as a local student, including attending low-cost English courses if necessary. Therefore, despite the rather lengthy waiting period for permanent residency, holders of a Prospective Marriage visa and then a Temporary Partner visa have a wide range of rights and access to social benefits.
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The visa application charge for Prospective Marriage and Partner visas is high. This is because there are no requirements in terms of age, qualifications, or English proficiency. As a result, the government incurs additional costs to support the successful settlement of the newly arrived resident and their family members. These costs may include providing opportunities to learn the language, obtain an education, and acquire a profession.
The Prospective Marriage visa is suitable for:
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Coming to Australia to marry your Australian fiance or fiancee and start a family
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Working and studying in Australia
The Prospective Marriage visa restricts:
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The right to stay permanently if visa conditions are not met
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The right to change the visa sponsor
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Access to social benefits