SUBCLASS 300
Prospective Marriage Visa
Prospective Marriage Visa Subclass 300
What is Prospective Marriage Visa Subclass 300?
If you are offshore and want to migrate to Australia to be with your partner or spouse, you have two options:
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.
What is the Application for Process Prospective Marriage Visa Subclass 300?
There are two stages for the application:
+ STAGE 1 - PROSPECTIVE MARRIAGE VISA SPONSOR REQUIREMENTS
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.
+ Requirements
- Be an Australian citizen, permanent resident or eligible New Zealand citizen
- Not be the holder of a Woman at Rise (subclass 204) visa that has been granted in the past 5 years and currently wishing to sponsor their former partner/ partner that they had at time of visa grant
- 18 years or over
+ Limitations
- 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
- Previously sponsored 2 or more persons as a fiancé for migration, or
- 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
+ Undertakings
- 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:PROSPECTIVE MARRIAGE VISA APPLICATION
All visa applicants 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.
Prospective Marriage Visa Subclass 300 Processing Time
A Prospective Marriage Visa application might take two years to process. According to the Department of Home Affairs, the majority of applications are completed within 22 months.
What We Like About Prospective Marriage Visa Subclass 300 Visa?
The Onshore or Offshore Partner visa has stringent requirements to show that there is a genuine de facto or spousal relationship. You can read about the legal requirements here.
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 Mistakes Do People Usually Make When Applying for Prospective Marriage Visa Subclass 300??
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).
Client Testimonials
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As navigating through the immigration law process may be difficult, our former clients have agreed to share their experiences through telephone chats, emails and meeting in person.
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What Questions Do Migration Agents Ask Our Accredited Specialists
My Client got married before their prospective marriage visa was granted. How can they not waste the time and money spent on this visa?
How can my Client come to Australia for a short visit if the Prospective marriage visa is not granted yet?
If the Sponsor is barred from sponsoring further people, can this be overcome?
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