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Subclass 300 Prospective Marriage Visa Requirements
On 10 December 2020,, the Australian government announced that anyone who held a Prospective Marriage Visa between 6 October 2020 and 10 December 2020 and was outside Australia on 10 December 2020 will have their visa entry date extended to 31 March 2022. This means that anyone whose visa was granted between 6 January 2020 and on or before 10 December 2020 and who has not been able to travel to Australia will be able to take advantage of this concession and travel to Australia anytime until 31 March 2022.

 

The minimum requirements of the Subclass 300 visa are set out below.

 

Relationship

You and your fiancé must:

  • Be at least 18 years old, and not be closely related
  • Be free to marry one another
  • Genuinely intend to get married within nine months of the visa grant date (the marriage may take place either in Australia or overseas)
  • Have physically met, and be personally known to each other
  • Genuinely intend to live together as a married couple

 

Sponsor

Your sponsor must:

  • Be an Australian citizen, permanent resident or eligible New Zealand citizen
  • Not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)
  • Not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances)
  • Provide police checks to the department when requested, and
  • Consent to the department disclosing any conviction for a “relevant offence” to the applicant(s) you are sponsoring.

 

NOTE: Your sponsorship may not be approved if you have a conviction for a relevant offence and a substantial criminal history.

A relevant offence includes, but is not limited to offences involving violence, intimidation, breaching a protection order, sex offences, people smuggling, human trafficking and weapons.

If you are concerned about any offences you may have, we strongly suggest you book a consultation with one of our immigration lawyers immediately to discuss your situation.

 


APPLICATION PROCESS

This application is lodged with the Department of Home Affairs (DHA) on behalf of you and your sponsor. The main criterion is that the relationship and your sponsor meet the requirements referred to above. In addition, you must meet the standard health and character checks.

This visa is valid for nine months and allows you to travel to Australia before being married to your fiancé.

You must be outside Australia both when your application is lodged, and when your visa is granted.

Your marriage must occur during the validity period of your visa i.e. within nine months of the visa grant date.

It may take place either in Australia or overseas.

 

Next Steps: Partner Visa

Once you have entered Australia and your marriage has taken place, you will be eligible to apply for a Partner visa. This application must be lodged before your Prospective Marriage visa expires.

The main requirements for a Partner visa are that:

  • You and your spouse are in a mutually exclusive relationship
  • Your relationship is genuine and continuing
  • You live together as a couple, or live apart only on a temporary basis

Provided you are able to meet the relevant criteria, you will be granted a Provisional Partner visa, Subclass 820, which is valid until your Permanent Partner Visa (Subclass 801) is granted.

 

If you are considering doing your subclass 300 prospective marriage visa, we recommend booking a consultation first so that we can assess your case and let you know what your best course of action is! This will help you to gain clarity and peace of mind moving forward!

 

” How do we begin to express our gratitude to Maggie, our migration agent Chloe and the AHWC team. We are beyond thrilled with our Offshore Partner visa approval in just 5 months of lodgement. From our first consultation with Maggie, who reassured us during hectic global times that our Australian dream could be achieved. To the absolute precision of Chloe, who helped us prepare the best case for success, with constant communication, realistic goal setting and advice. We have no doubt our amazing fast tracked results are thanks to Chloe and all the AHWC immigration law firm’s professional excellence. Thank you for removing the stress from a complex visa process and making our dreams come true. Australia here we come! Highly recommended ***** With much gratitude, Kym and Sebi“
Kym Brewer | February 2021, Google Review

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