A Prospective Marriage Visa, also known as a fiance visa, comes under the subclass 300 visa, is a temporary visa where you can stay in Australia for 9 months to 15 months from the visa grant date. The applicant will be entitled to full work rights for the visa duration.
If you are engaged with an Australian Permanent Resident, Australian Citizen, or eligible New Zealand Citizen and wish to marry your partner, you might be eligible to apply for a prospective marriage visa (Subclass 300) to marry your partner in Australia. However, you must be outside Australia while applying for this visa.
Once you get married to your Australian partner, you can apply for the Partner Visa (Subclass 801 and Subclass 820) to stay in Australia permanently.
What can you do with a Prospective Marriage Visa?
An applicant can stay in Australia for 9 to 15 months, depending on the visa grant. The applicant is allowed to work in Australia for Full time for the time being their visa is valid.
However, for study in Australia, the applicant has to spend their own expenses as the Australian Government funds won’t be accessible for the Prospective Marriage visa holder.
The applicant is allowed to travel as much as you want in or outside Australia for the time their visa is valid.
The applicant can include family members on the visa application. However, you have to pay the additional charges for every member of the family unit. The family member must be included in your visa application after you submit the application for a prospective marriage visa (Subclass 300) but before the decision of the department of home affairs on your visa.
Family members who have applied with the applicant must meet health and character requirements. Also, the applicants not coming to Australia might also have to meet health requirements.
Applicants Requirement for Prospective Marriage Visa
- Applicant must be at the minimum age of 18 years old or older
- Applicant must have a sponsor ( his/her partner)
- Applicant must intend to marry their prospective spouse before the visa period ends
- Applicant must be outside Australia when applying for the visa
The minimum age to apply for this visa is over 18 years old. Applicants must be older than 18 years to apply for the prospective marriage visa (Subclass 300 visa). The application will be rejected if the applicant applies before 18 years of age.
Have a sponsor
Applicants applying for the prospective marriage visa must be sponsored by their prospective spouse. The department of Home Affairs will approve the sponsorship of your partner.
Intend To Marry
The Applicants must prove to the department of home affairs that their sole intention is to marry their prospective spouse before the duration of the visa ends.
Applicant Must be Outside
The applicant must be outside Australia while applying, and If you are already in Australia, you might have to go back to your home country to apply for this visa.
Sponsor Requirements For Prospective Marriage Visa
- Sponsor must be suitable to sponsor their prospective partner.
- The sponsor must be over the minimum age of 18 years old or older.
- Must meet health and character requirements.
- The sponsor must provide a police certificate for the information on relevant offences.
- Must not come under the limitation on sponsorship
Suitable For Sponsor
The sponsoring partner of the applicant must be an Australian Citizen, Permanent Residence, or eligible New Zealand citizen. The department of home affairs might reject the application if the partner’s sponsor has been convicted or charged with offences that involve a child.
The sponsoring partner must be over 18 years old to sponsor their partner for the prospective marriage visa (Subclass 300 visa). The application might be rejected if the sponsor applies before 18 years of age.
Health & Character Requirement:
The applicant applying for the Prospective Marriage visa have to provide evidence of meeting health and character requirements, and also if the Department of Home Affairs requires it, the family member of the applicant might be asked for the evidence of health requirement.
Provide Police Certificate
The sponsor must provide evidence of the Australian or foreign police certificate to ensure that the visa application is safe. As a sponsor, you must consent to disclose conviction for relevant offences to the visa application to the Department of Home affairs.
They might refuse the application if the sponsor does not provide any of those required documents within a reasonable time.
Limitation On Sponsorship
The home affairs might not grant prospective marriage visa if the sponsor is holding or held one of the visas mentioned below with certain circumstances;
Prospective Marriage Visa or Partner Visa Holders:
The applicant can not be a sponsor if they have been granted a partner or prospective marriage visa within the previous 5 years or have sponsored someone before for this visa. However, you can still be a sponsor if you have young children and your former partner has left you or died. Also, if your partner has dependent children, you can be a sponsor.
Contributory Parent Visa Holders:
If the sponsor has been granted the Contributory Parent Visa after 30 June 2009, they can not sponsor anyone on that prospective marriage visa. Also, if the applicant applied for the contributory parent visa was a partner of the sponsor or de facto partner, or you have been granted that visa for less than 5 years.
A woman at Risk (subclass 204) visa holders
The sponsor will not be allowed to submit an application for the visa of their partner if the sponsor is holding a woman at Risk (Subclass 204 visa) for the 5 years of visa grant if the applicant were the spouse of sponsor or de facto partner when they were granted women at risk visa, but you are now divorced or permanently separated, or you did not tell the department of home affairs about that partner at the time.