Prospective Marriage visa – important points to take into account when considering applying for this visa

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In my last article, I provided an overview of the visa subclasses available as part of the Family category of visas. The intention of this article and the next few articles will be to look at each of those particular subclasses in a little more detail to provide some guidance when considering which subclass to choose to suit your circumstances.

The focus of this article is the Prospective Marriage visa, subclass 300. As outlined previously, this visa may be appropriate for you if you are at least 18 years of age, in a relationship with an Australian citizen or permanent resident and you intend to come to Australia to marry your partner.

As an example of when this visa may be appropriate is where the use of internet dating sites has become more prevalent over recent years. As it is now often quite common for couples to meet online and enter into a genuine relationship, the Prospective Marriage visa may be a viable option for many couples.

If you are considering this visa, it is important to note that you must have met your partner in person (as adults), so you must have at least spent some time together in either partner’s home country, Australia (on an appropriate visa) or on holiday together. It is important that you are able to provide evidence of your meeting, which could include documents such as copies of travel itineraries, passport stamps and/or photographs of your time together.

For this visa, it is understood that your relationship may not necessarily be developed over a lengthy period of time and that you may not have lived together. What is important, however, is that your relationship is genuine, that you are both free to marry, that you intend to be married in the near future and intend continue in a relationship exclusive to all others. Along these lines, to evidence that you intend to marry, you may wish to ask your marriage celebrant of choice to provide you with a letter outlining the details of your intended marriage. It is important that the documents you chose to evidence the genuine nature of your relationship are varied and are dated to cover the lifespan of your relationship.

If approved, the Prospective Marriage visa is a temporary visa that allows you to remain in Australia for 9 months. You must marry within this period, and then to be able to remain in Australia, you must apply for the Partner visa (subclass 820/801) before the expiry of the 9-month visa. While 9 months may seem like a significant time period, in my experience in working with clients, the time flies! In the past, I have found that clients get caught up in the excitement of being together and starting to build their shared their life together that they are surprised when I contact them after 6 months to begin working on the Partner visa application.

Although you may have a wedding to plan and lots to do during the 9 months of the Prospective Marriage visa, it is always important to have the future in the back of your mind and plan for the Partner visa as the next step. A great tip in planning for the Partner visa is to continue to keep documentation that evidences your relationship; that is, evidence that you live together and share your lives as a genuine couple. The advantage of smart phones and technology these days is that it is easy to take photos which show significant events with friends and family!

If approved, the Prospective Marriage visa enables you to travel in and out of Australia multiple times during the 9-month period and provides full work and study rights. Having full work rights is a great advantage of this visa to assist you in setting up your household and building your financial future together. Additionally, if you wish to study in Australia to upskill and increase your employability, this visa allows study for the full visa period.

As previously noted, the Prospective Marriage visa requires that your partner (the Australian citizen or permanent resident) act as your sponsor. This means that your partner must sign a declaration agreeing to financially support you during your stay in Australia if needed.

As with all visas to Australia, there are also health and character requirements that must be met. Generally, both a chest x-ray and medical examination are required for the Prospective Marriage visa; however, the specific requirements will depend on the level of risk assigned to your passport country by the Department of Immigration. It is important to factor in the costs for medical tests as well as any visa application charges and migration agent fees when considering which visa to apply for so you are aware of the complete cost and don’t find you are presented with any surprises.

When considering your options, it is important to note that the visa application fees are significantly lower for Prospective Marriage visa holders making an application for the Partner Visa.

While previously the Prospective Marriage visa could only be made as a paper application to your nearest Australian embassy, the Department of Immigration now provides for the application to be lodged online. To use the online system, you must create an ImmiAccount, and all documents you upload with the application must be certified copies.


Would you like to know if you qualify for a Partner Visa?

You can start the process by taking a free online assessment.

I hope that the information here has been useful if you are considering whether a Prospective Marriage visa is suitable for your situation.

I look forward to an opportunity to assist you with your visa application in the future.

Esther Taft
Migration Advisor
MARN 1276126

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John Bell

Migration Advisor at National Visas
John Bell has been involved in the immigration industry since 2000 and has practiced in Australia as an Australian Registered Migration Agent since 2003. John also worked in the UK as a UK immigration adviser between 2000 and 2002.

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