Prospective Marriage Visa (Subclass 300)
A Step-by-Step Guide
Overview
The Prospective Marriage Visa (subclass 300) enables individuals to travel to Australia to marry their chosen partner.
This visa is granted on a temporary basis and provides a pathway to apply for the Partner Visa (subclasses 820 and 801) after the marriage takes place in Australia. The marriage must occur within 9 to 15 months from your visa grant date.
Benefits of the Prospective Marriage Visa (Subclass 300)
Holders of the Prospective Marriage visa are entitled to:
- Live and work in Australia under the Australian workplace law for 9 to 15 months from the visa grant date.
- Study in Australia without government funding.
- Travel to and from Australia during the visa validity without any restrictions.
Eligibility Requirements of the Prospective Marriage Visa
To be eligible for this visa, applicants must satisfy the following requirements:
General Requirements
Be Offshore
- You must be outside Australia at the time of application, and any family members included in your application must also be outside the country.
Should your visa be granted while you are outside Australia, you are required to enter the country on or before the initial entry date specified in your visa grant letter.
Age Requirement
Both you and your prospective spouse must be at least 18 years old at the time of application.
Health and Character Requirements
You must:
- Meet health requirement which may include medical examinations.
- Meet character requirements, typically assessed through police certificates from countries you have lived in.
Visa History Requirement
A cancelled visa or refused application may affect your eligibility for the Prospective Marriage visa.
Specific Requirements
Relationship Requirements
You must demonstrate a genuine intention to marry your prospective spouse before the visa expires and to live together as a committed couple.
Sponsorship Requirements
- Your prospective spouse must sponsor you and meet eligibility and character requirements set by the Australian Government.
- In most situations, your prospective spouse must be either an Australian citizen, a permanent resident of Australia, or an eligible New Zealand citizen.
You and your prospective spouse must have met each other face-to-face at least once since turning 18.
Required Documents for the Prospective Marriage Visa
To apply for the Prospective Marriage Visa (subclass 300), applicants are required to submit a comprehensive portfolio of documents establishing their identity, character and the authenticity of their relationship.
The following is a detailed checklist to guide the submission process:
Identity Documents
- Birth certificate showing the names of both parents
- Identification documents issued by the Australian government
- Proof of name change such as marriage or divorce certificates from an Australian Registry of Births, Deaths and Marriages
Evidence of Relationship
- At least 2 completed Form 888 by 2 witnesses knowing you and your prospective spouse as well as your relationship
- Proof of a face-to-face meeting and personal acquaintance after the age of 18 (e.g. joint photos)
- Evidence of intention to marry (e.g. letter from a marriage celebrant)
- Evidence of genuine intention to live together as spouses (e.g. chat history)
- Written statements outlining the history and development of the relationship including key milestones in the relationship as well as future plans as spouses
- Evidence of previous relationships (e.g. divorce certificate, death certificate, separation document or statutory declaration)
Documents for Dependents Under And Over 18
- Identity documents (both under and over 18)
- Proof of relationship to the dependent such as birth or marriage certificates (both under and over 18)
- Character and health documents (both under and over 18)
- Completed Form 1229(for under 18 dependants)
- Evidence of sole custody for dependents under 18 (if applicable)
- Completed Form 47A (for over 18)
- Documents of financial dependency such as bank statements, money transfers and rent receipts (for over 18)
Cost of the Prospective Marriage Visa
- Base application charge: AUD 9,095
- Additional applicant charge 18 and over: AUD 4,550
- Additional applicant charge under 18: AUD 2,280
Application Processing Time
- Processing times typically range from 25 to 31 months.
FAQ
1. Can I do the medical examinations with my own doctor?
No. The Department of Home Affairs does not accept the medical examinations conducted by a private doctor who has not been approved by the Australian government. All medical examinations should be conducted by panel physicians.
2. What happens if my Prospective Marriage Visa is refused?
If your Prospective Marriage Visa application is refused, the Department of Home Affairs will outline the reasons for the refusal and inform you whether you have the right to seek a review of the decision.
3. Can I visit my partner (prospective spouse) in Australia when the visa application is under process?
If you intend to travel to Australia while your Prospective Marriage Visa is being processed, you must apply for a suitable alternative visa that allows you a temporary entry.
4. Can I include my family members in my application?
Yes, you can include dependent children or other eligible family members, but they must also be offshore at the time of application.
5. What happens if my sponsor has previously sponsored someone else for the visa?
If your sponsor has already sponsored two other people for the Prospective Marriage Visa, or has sponsored someone within the last 5 years, they may not be eligible to sponsor you.
6. What happens if I get married while the Prospective Marriage Visa is being processed?
If you marry your partner before your Prospective Marriage visa is finalised, you may be eligible to transition to a Partner visa without lodging a new application.
