FIANCE / PROSPECTIVE MARRIAGE VISA – SUBCLASS 300
A prospective Marriage visa (Subclass 300) lets you come to Australia to marry your prospective spouse and then apply for a Partner visa.
If you are engaged to an Australian citizen or permanent resident, then you may enter Australia on a Prospective Marriage Visa (Subclass 300) and marry your partner. Persons engaged to eligible New Zealand citizens may also come to Australia on a Prospective Marriage Visa ). If you enter the country on this Prospective Marriage visa, then you must marry within nine months.
Getting this visa is the first step towards a permanent Partner visa.
The Subclass 300 visa is the first and additional step for those who can not prove a relationship allowing them to apply for an 820 or 309 visa.
WHAT KIND OF RELATIONSHIP?
LEARN MORE ABOUT THE TYPES OF VISA TO ENTER AUSTRALIA.
Contact our team here, at Visa To Australia, and book visa consultation with our migration agents.
PROSPECTIVE MARRIAGE SUBCLASS 300
What Are The Partner Visa Options?
The Partner Visa has three visa subclasses:
- Subclass 820/801 Partner visa (onshore); and
- Subclass 309/100 Partner visa (offshore).
- Subclass 309 Fiance – Prospective Marriage visa
All options provide a pathway to permanent residence.
The application process for a Prospective Marriage visa is then the same as for married and de facto couples. This visa pathway involves a 3-stage process, it can be quite a long time until your reach the permanent residence stage. For the majority of the processing period, however, you will be able to reside in Australia with your partner as a temporary resident (as you can enter Australia once the prospective marriage visa is granted).
Prospective marriage visa 300 has to be lodged offshore.
When you lodge an offshore partner visa application, you will be permitted to enter Australia upon grant of the subclass 309 temporary partner visa Australia. Given the extended processing times that normally apply, you might consider applying for another class of visa, such as a visitor visa, to enable you to visit your partner whilst you await a decision on the temporary partner visa application (provided you are eligible).
You will also have to provide a Notice Of Intention to Marry (NOIM).
Upon grant of the offshore temporary partner residence visa, you can lawfully reside in Australia until your permanent partner visa Australia application is decided. However, you must be offshore while the visa is granted.
Once a Fiance visa is granted you will have 9 months to get married.
To apply for a Prospective Marriage visa, you must:
- Be 18 years old or older
- Have a sponsor
- Meet our health requirement
- Meet our character requirement
- intend to marry your prospective spouse before the visa period ends
New Zealand passport holders
New Zealand passport holders should tell the immigration officer at the border that they have a Prospective Marriage visa. If you do not tell them, you might be granted a 444 visa. Grant of a subclass 444 visa will cease your Prospective Marriage visa.
A NOIM is a Notice of Intended Marriage form that must be signed by both partners one month prior to your wedding. Australian marriage law states that, regardless of your country of birth, you must sign the NOIM and have your nominated celebrant submit it. The NOIM is valid for 18 months. It is required for Prospective Marriage visa subclass 300.
The Temporary Partner visa allows you limited benefits, including:
- Live and work in Australia until a decision is made about your permanent Partner Visa (Subclass 801)
- Enrol in Medicare, Australia’s scheme for health-related care and expenses
Offshore visa 309/1– doesn’t have those benefits.
There are two types of Partner Visas: Subclass 820 and Subclass 801. The Subclass 820 visa is a temporary partner visa that allows you to live in Australia. The Subclass 820 visa is the first stage towards a permanent Partner Visa (Subclass 801). You apply for both visas at the same time and pay only one application charge. Applications are processed in two stages, about two years apart.
You must prove an ongoing and genuine relationship. It can be done if you are married or you can register a relationship or if you have evidence of a long-lasting relationship. 12 months of a relationship is the only guideline and in each case, it can be interpreted differently.
Processing time for the partner visa first stage takes approximately 18 months. Once your visa is granted you may apply for a Permanent partner visa. Our observation shows usually for not married couples longest take to get evidence together.
It is a big question and many things to consider. You will need to think about how long are you in a relationship, will you apply in Australia or offshore. Read our page or contact us to find out more.
No, you don’t need to be engaged to apply for fiance visa however, need to show your intent to get married within 9 months after visa is granted.
No, you don’t have to be married to your partner but you must be in genuine relationship. You may be eligible for partner visa when you are engaged or in de facto relationship.
No, English test is not required, but you may be asked by Immigration department how do you communicate with your partner.
To apply for a Prospective Marriage visa to Australia:
- You must be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen and also have the intention to get married within 9 months after visa is granted.
- include family members in your application when you apply
- add family members to your application after you apply but before we decide on your visa
For Fiance subclass 300 visa, family members are:
Family members who apply for the visa with you must meet our health and character requirements.
Family members who do not apply for the visa with you might also have to meet the requirements.
Sponsor is considered eligible when, they meet following criteria:
They are an Australian citizen or permanent resident
They are an eligible New Zealand citizen
Must not sponsor other Partner / Spouse for minimum 5 years
Must not be sponsored as Contributory Parent or dependent child of Contributory parent applicant in minimum 5 years
Must not be sponsored for Spouse or Partner visa applicant in minimum 5 years
Did not sponsor more than 2 prospective marriage visa applicants in past.
Basic Eligibility for Fiance subclass 300 visa.
You must be the spouse or de facto partner of an:
- be 18 years old or older
- be sponsored by: Australian citizen, Australian permanent resident or eligible New Zealand citizen
- intend to marry your prospective spouse before the visa period ends
Your relationship can be with someone of the same or different sex.
You don’t have to pass the English test for the Fiance subclass 300 visa.
This application must be lodged offshore.
You must submit specific documentary evidence confirming your intention to marry within the required period, in the form of a letter from your marriage celebrant, specifying the proposed date and the venue of the marriage ceremony, and confirming that you have lodged a Notice Of Intention to Marry (NOIM) with the celebrant.
Fiance visa – subclass 300 (temporary) a three-step process:
Step 1: The first step is to apply for Fiance visa subclass 300.
Step 2: Once Fiance visa is granted, you must get married within 9 months.
Step 3: Now you can apply for Partner visa subclass 820. and follow rules for that visa.
On Prospective Marriage visa Subclass 300 you can stay in Australia for 9 months from date of grant of visa. After this time you can apply for Partner visa.
While you are waiting or you are on Partner visa subclass 309, you must stay outside of Australia unless you applied for other visa allowing you to stay onshore.
With 100 Partner Permanent visa:
- You can live, work and study in Australia indefinitely
- You can sponsor eligible family members to come to Australia
- You can apply for Australian citizenship when eligible
You will also have to pay for Australian Federal Police, medical examination, and police clearance from other countries you were living in. Australian Sponsor is also required to apply for AFP.
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