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 for nine months. You must be outside Australia when you lodge your application and when the visa is granted. You can have the wedding in any country: the wedding does not need to be in Australia.
An individual must-
- Intend to marry and live as husband or wife with their prospective spouse
- Be sponsored by their prospective spouse
- Know their prospective spouse and have met in person
- Be the opposite sex to their prospective spouse (same-sex couples can apply for a Partner visa based on their de facto relationship)
- Meet age, health and character requirements.
Proof of intent to marry:
The application must include proof that the individual plans to marry their prospective spouse within nine months of being granted the visa.
If an individual plans to marry outside Australia, they can provide a letter from the person who will perform the wedding ceremony.
If they plan to marry in Australia, they must complete a Notice of Intended Marriage form and give it to the person who will perform the wedding ceremony. This must be done at least one month, and less than 18 months, before they marry.
What this visa allows for:
This visa allows an individual to-
- Enter Australia before they marry their prospective spouse
- Travel in and out of Australia as often as they want
- Work in Australia, although some employers might not hire people with temporary visas
- Study in Australia, but with no access to government funding for tertiary study
- Apply for a Partner visa, in Australia, after their marriage.
The visa application charges are listed in Fees and charges.
An individual might have to pay other costs, such as the costs of health assessments, police certificates, or any other certificates or tests. They are responsible for making the necessary arrangements.
The individual must be sponsored by their prospective spouse. They must be at least 18 years of age and either:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen.
The prospective spouse:
The individual must have met their prospective spouse in person, as adults. They must know them personally.
This applies even if:
- It is an arranged marriage
- They and their prospective spouse met as children and the marriage was arranged before they turned 18 years of age
- They met on the internet (exchanging photographs is not evidence of having met in person).
Limitations on sponsorship:
An individual cannot be a sponsor if they:
- Were sponsored for a Partner or Prospective Spouse visa within the past five years
- Have previously sponsored two people for migration to Australia and they were granted a Partner or Prospective Marriage visa
- Have sponsored another person for migration to Australia within the past five years and they were granted a Partner or Prospective Marriage visa.
Their sponsorship could still be approved if there are compelling circumstances affecting them. These include:
- Their previous partner has died or abandoned the relationship, leaving them with young children
- They have been in a relationship with their fiancé for more than two years
- They and their fiancé have dependent children from their relationship.
If they have been granted a Woman at Risk visa (subclass 204) in the last five years, they cannot sponsor:
- Someone who was their partner when they were granted a Woman at Risk visa
- A previous partner that they did not tell us about when they were granted their Woman at Risk visa.
Contributory parent visa holders:
If you were granted a Contributory Parent visa after 30 June 2009, they cannot sponsor their partner for this visa for five years from the date their visa was granted if they were in a relationship with that person before their Contributory Parent visa was granted.
In addition to the above-mentioned conditions, there are other factors and criteria to be taken into consideration.