Are you engaged to your Australian partner? If yes, the Prospective Marriage Visa might be for you!

The main purpose of the Prospective Marriage Visa (subclass 300) is to allow you to come to Australia and then marry your future spouse and live as husband and wife. Your marriage must take place within the visa’s nine month validity period and after that time you can apply for a subclass 820 or 309 Partner visa which is a pathway to permanent residency.

What do I need to know about the Prospective Marriage Visa?

• When lodging the Prospective Marriage visa you must be outside of Australia and remain offshore until the visa is granted.
• To be an eligible sponsor, your partner will need to be aged 18 or over and be an Australian citizen, Australian permanent resident or an eligible New Zealand citizen.

Circumstances that may affect the eligibility of your sponsor include: if they have sponsored someone for a Partner visa in the last five years; or if they have previously sponsored two or more people for Partner visas.

If one of these circumstances related to your sponsor, they may still be eligible to sponsor if you can show compelling evidence that you: have been in a relationship for two or more years; have dependent children; or their previous partner has died or abandoned the relationship leaving young children

• If you want to bring your dependent children and/or any other dependent family members with you, your sponsor will be able to sponsor them at an additional cost
• In order to apply for this visa, you and your intended spouse must be of the opposite sex
• Once the visa is granted you and your partner will have nine months to marry – your marriage can take place anywhere in the world after you first enter Australia
• You will be able to travel in and out of Australia as much as you like and participate in the workforce or study in Australia in those nine months

What do I have to show?

Generally, the following requirements will have to be met:

• Authorised to marry – you will need to be over 18 and have no legal impediment to the marriage taking place
• Met in person – you must have met as adults in person and know them personally (even if it’s an arranged marriage)
• Health and character requirements – you will need to meet the health and character requirements of the Department
• Relationship – you will need to show evidence of a mutual commitment to a shared life together to the exclusion of all others. This will include evidence demonstrating your relationship is genuine and continuing. Generally, you and your partner will need to show that you have been living together as spouses and that any separation was only temporary. Other evidence that you could submit includes; beneficiary statements, joint bank account statements, travel and utility bills
• Intention to marry – you will also need to evidence your intention to marry. This might be in the form of an Notice of Intention to Marry or a letter that outlines your marriage plans prepared, signed and dated by a marriage celebrant

How much will this visa cost?

The base application charge for this visa is $2680. Each additional applicant aged 18 and over will cost you a further $1340 per person and additional applicants under 18 will cost $670 each.

How do I lodge the visa application?

You will need to lodge the application, including all appropriate forms together with supporting documentation, in paper based form visa post.

What if we don’t marry during the nine months?

This visa cannot be extended so if it looks as though you are not going to be married in the nine months, you will need to apply for another visa before the Prospective Marriage visa expires. If you do not apply for another visa, you will become an unlawful non-citizen which could result in difficulties with future visa applications.

What if our relationship ends before or after we are married?

If your current relationship ends before the marriage has taken place, you will need apply for another visa in order in stay in Australia. The Department does not provide any special provisions that will allow you to remain here once the relationship has ended even if family violence has occurred. However, if you have already married and your relationship breaks down, you may be eligible for a partner visa if violence has occurred or your sponsor has died.

If you would like more information about the Prospective Marriage visa or need any assistance with lodging your application, please contact our Migration Team.