This visa is suitable for visa applicants who are engaged to an Australian citizen or permanent resident and is based outside Australia.
The prospective marriage visa, when granted, allows the visa holder to come to Australia and marry their Australian partner in 9 months. After the legal marriage is completed, the visa holder will then be eligible to apply for the onshore (subclass 820) partner visa before their prospective marriage visa expiry.
How do I achieve permanent residency with a prospective marriage visa application?
The prospective marriage visa is a temporary visa and there are several steps involved before you can acquire permanent residency in Australia. Here's a breakdown of how the process looks like:
Step 1: After you have been granted the subclass 300 prospective marriage visa, you must marry in Australia within subclass 300 prospective marriage visa validity i.e. in less than 9 months from visa grant.
Step 2: Apply for subclass 820 partner visa within subclass 300 prospective marriage visa validity
Step 3: 2 years after applying for subclass 820 visa, apply for subclass 801 visa (permanent)
Step 4: subclass 801 (permanent) granted!
Am I eligible for a prospective marriage visa?
Have a look at the eligibility criteria and see if it fits your circumstances.
1. You must be sponsored by your fiancé(e), who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Please note that some individuals are not permitted to be sponsors or face sponsorship limitations when they have sponsored previously or were sponsored as a partner, or have held certain visa types.
2. You and your fiancé(e) must genuinely intend to marry within 9 months of the visa being granted. The marriage must be intended to be legal under Australian law.
3. Your relationship must be genuine and continuing, and both of you must genuinely intend to live together as a married couple after the marriage.
4. You must have met your fiancé(e) in person since both of you turned 18 years old.
5. You must meet the health and character requirements set by the Australian government. This may include undergoing a medical examination and providing police clearances.
6. You must have no outstanding debts to the Australian government or have made arrangements to repay any debts before the visa can be granted.
Should I apply for a prospective marriage visa?
The prospective marriage visa is mostly suitable for applicants from higher risk countries or couples who have not started living together, i.e. who do not meet the requirements for the subclass 820 or subclass 309 visa. If you are from a higher risk country, you are typically not eligible to apply for fast-track visitor visas (which are typically granted within a few days) or not eligible for a working holiday visa. Applicants from high risk countries also have a higher chance of receiving a visitor visa refusal. Visa refusals will cause unnecessary delays to your building a life with your partner in Australia, and also may impact future visa applications.
This is an offshore visa, which means that it has to be applied from outside of Australia. As of 01 July 2024, it can be granted when the visa applicant is onshore.
You may include your dependent children as part of this application. All applicants of this visa must satisfy health and character requirements.
How much does a prospective marriage visa cost?
Visa application charges are paid directly to the Department of Home Affairs.
The visa application charge for the main visa applicant is A$9095.
Dependents applicants over 18 incur an additional visa application charge of A$4550.
Dependents applicants under 18 incur an additional visa application charge of A$2280.
Following the grant of your prospective marriage visa, if you are looking into applying for a subclass 820/801 partner visa, you will also be paying an additional subsidised fee for each visa applicant.
How long does visa processing take for a prospective marriage visa?
Current processing times are approximately 12-26 months, subjected to change from month to month.
What does "genuine intention to live as spouses" mean and how do I prove it?
In Australia, couples must lodge a Notice of Intended Marriage (NOIM) with an authorized celebrant at least one month before the wedding. Submitting a NOIM is strong evidence of your intention to marry. While it’s not mandatory to have the NOIM lodged at the time of your visa application, doing so can greatly support your case.
You must intend to enter into a marriage that is legal under Australian law. This means you must meet the legal requirements for marriage in Australia, such as both parties being of legal age and not already married to someone else. Occasionally you and your prospective spouse will be required to provide a single status certificate (or a letter of no impediment to marriage) to show that you can enter into a legal marriage in Australia.
You should alsobe able to show that you and your partner have made specific plans for the wedding. This could include booking a venue, setting a date, or making arrangements with a marriage celebrant. Evidence of discussions or agreements between you and your partner about the marriage plans can support your claim. This might be emails, messages, or letters discussing your future together, including marriage plans will be helpful.
Can I visit my partner when my prospective marriage visa is being processed?
This may be possible if you can meet the genuine temporary entrant (GTE) criterion amongst other criteria for the subclass 600 visitor visa which we discuss in detail in this article. However in the current climate in 2024, we are finding that the department is not issuing subclass 600 visitor visa grants as readily as they did in the past even when strong evidence is present.
Are engagements for arranged marriages treated differently to love marriages?
Where the marriage is arranged by relatives, friends or brokers, the case officer would look more deeply into whether real consent was present between the couple to marry.
Case officers also have access to their internally sourced country profiles on the cultures and traditions across the world to check if your relationship is congruent with that of your country's. If you are concerned that your circumstances may be unique, it is best that you bring the case officer's attention to it. For instance, if it is within your country's tradition for the groom to meet the bride's parents prior to engagement or marriage and you have not done so, it will be helpful to explain why that is the case for you.
Subclass 309/100 offshore partner visa or Subclass 300 prospective marriage visa?
We usually get asked why one would apply for a prospective marriage visa over an offshore partner visa, and the differences between them.
When it comes to applying for prospective marriage visa, there is a lower evidentiary burden on the household aspects of the relationship, as compared to that of an offshore partner visa. You and your partner need not to have lived together for at least 12 months prior to lodging the application.
Therefore, for couples who choose not to living together prior to getting married due to personal or cultural reasons still have a way to have their non-Australian partner live in Australia.
This however does not mean less evidence for a prospective marriage visa application.
"Lower evidentiary burden" for prospective marriage visa
Many offshore applicants face the challenge of having to be temporarily apart from their Australian partner. Couples in these situations usually struggle with proving that the time apart is indeed temporary, or that there is long-term commitment between the couple.
Even though the visa applicant and the Australian partner for a subclass 300 prospective marriage visa application are not spouses at the time of applying for the visa, the Department will assess the relationship and determine the extent to which the four factors may be applied to suggest a future intention to be spouses.
Processing times
Current processing times for the prospective marriage visa are advertised to be between 19 to 24 months for 90% of submitted applications. We have seen prospective marriage visa applications granted in just under 12 months.
We strongly recommend you submit a complete and decision-ready application to help minimise processing times.
Some limitations apply to you upon visa grant
When you receive your prospective marriage visa, you are required to enter Australia by a prescribed date. You are also required to marry within 9 months from the date that your visa is granted*.
Once you have done the above, you may look into applying for the subclass 820/801 partner visa. This is the second stage for you to acquire your permanent residence. As described above, there is a higher evidentiary threshold for this visa application under the "household aspect" of your relationship.
Sponsorship Eligibility
Sponsorship Obligations
As a sponsor, you must ensure your partner's basic living expenses are covered, including housing and financial support.
For prospective marriage visa applicants: The 2-year period begins when the visa holder arrives in Australia.
When You May Not Be Allowed To Sponsor
You may not be eligible to sponsor someone for a 300 visa if:
- You've previously sponsored or been sponsored as a partner
- You've sponsored two or more fiancés for migration
- You've sponsored another fiancé or partner in the last 5 years
- You were sponsored as a fiancé or partner in the last 5 years
- You hold a Woman at Risk (subclass 204) visa granted in the past 5 years and wish to sponsor your former partner from the time of visa grant
- You are or were a contributory parent category visa holder
For contributory parent visa holders:
- If granted on or after July 1, 2009, you cannot sponsor a partner for 5 years from your visa grant date if you were in a married or de facto relationship with them at or before your visa grant
Note: Exceptions may apply in compelling circumstances, and waivers might be considered in some cases.
When you mix love and bureaucracy: how the Department of Home Affairs looks at your supporting evidence
When you provide information about your relationship as required by law, case officers examine all available evidence to verify your claims. For example:
If you've taken a holiday with your partner or spouse, officers will review:
- Photos and flight tickets
- Witness statements
- Your statutory declarations
- Other relevant documentation including social media
The approval or rejection of a visa largely depends on how well the applicant and sponsor meet the requirements set by relevant legislation, such as The Migration Act 1958 and Migration Regulations 1994.
Some requirements are not explicitly defined in legislation and are subjective. These can be challenging to prove, similar to how love is sometimes difficult to express in words. For instance, same-sex relationships may be prohibited in some applicants' home countries and some relationships may have experienced breaks due to unique personal circumstances.
The Department of Home Affairs provides policy documents that expand on legislative requirements. When policies are unclear, relevant tribunals and courts may offer interpretations. Case officers do not actively seek to prove your relationship for you. It's your responsibility to present compelling evidence.
Diversity of Relationships
There's no "perfect" relationship that automatically meets all criteria. Each relationship has unique characteristics that contribute to its genuineness.
Remember: It's crucial to thoroughly document and explain the aspects of your relationship that demonstrate its authenticity within the framework of visa requirements.
Why do prospective marriage visa applications get refused?
Many couples set out on the partner visa journey thinking as long as their relationship is genuine in their eyes, that their evidence will surely prove that.
Evidencing your relationship can be challenging. More people have their visas refused due to inconsistency of information than having insufficient evidence provided.
Common mistakes we've seen from self-lodged applications include:
Any inconsistency can potentially trigger the application of Public Interest Criterion 4020 within the migration regulations, which mandates refusal of visa application or even cancellation of visa (of the Australian partner sponsor's visa, if they're a permanent resident instead of a citizen), leading to the aforementioned 3-year ban.
A more common reason for refusal would be providing insufficient evidence. This does not mean that you should now throw in all the documents in a haphazard manner. This is because the department has set a limit on the number of supporting documents you can provide. Remember that the Department of Home Affairs looks at how well your evidence align with each requirement as set out by the relevant legislations, as we discussed above.
For the ease of the case delegate and to quicken your visa processing, it is best if your evidence satisfies each line of the legislative requirement, line by line. So check your application carefully over and over again! Even if you have engaged a registered migration agent or lawyer to look after your application for you, the responsibility still lies with you to ensure the information that you have provided to your agent or lawyer is 100% accurate.
What if we marry during the prospective marriage visa processing period?
If your circumstances change and you choose to marry during the visa processing, your prospective marriage visa can be converted to an offshore partner visa without having to pay additional visa application charges. However, there can be complications associated with making this move if you do not yet have sufficient evidence of cohabitation, as you will be expected to provide more evidence supporting the household aspects of your relationship. The evidentiary threshold for the household aspect of your relationship becomes higher (than that of a prospective marriage visa application), and the period of your visa processing can be lengthened too.
Kin Migration offers expert support for prospective marriage visas at any stage, backed by experienced registered migration agents and lawyers. Our extensive experience and deep understanding of immigration law ensure top-quality advice and representation. We recognise the intricacies of visa appeals and are dedicated to guiding you through this complex process with assurance. Whether you're contesting a visa refusal, seeking clarity on your visa status, or exploring other visa possibilities, we commit to championing your immigration goals and working towards a favourable outcome.
What happens if my 300 prospective marriage visa is refused?
The refusal of a prospective marriage visa can be a heart-wrenching experience, leaving couples in a state of limbo and uncertainty. Common reasons for refusal include insufficient evidence of a genuine relationship, failure to meet health or character requirements, or incomplete documentation. Understanding the specific grounds for refusal is crucial in determining the next steps.
Lodging an appeal with the Administrative Review Tribunal (ART) within 70 days
When your 300 prospective marriage visa application is refused, lodging an appeal with the Administrative Review Tribunal (ART) is often the first course of action many couples consider. This process allows for an independent review of your case, but it's crucial to act quickly. Your Australian sponsor has 70 days from the date of the refusal decision if you're outside Australia at the time of decision.
The countdown for your appeal period starts from the moment you are legally considered to have received the visa refusal decision. This "deemed receipt" date varies depending on how the decision was communicated to you:
- Email notification: If the decision was sent to you via email, you're considered to have received it at the end of the day the email was sent.
- Postal notification: If the decision was mailed to you, you're considered to have received it seven days after the date printed on the refusal letter.
As of October 2024, the ART application fee is A$3,496. The appeal process involves several steps: submitting your application for review, receiving a confirmation and case number, providing any additional supporting documents, attending a hearing (either in person or via video conference), and finally, receiving a decision. While this process allows you to present new evidence and have your case heard by an independent body, it's important to be prepared for a potentially lengthy and stressful journey. The entire process can take several months to over a year, and there's no guarantee of a successful outcome.
Navigating an appeal can be overwhelming, which is why many turn to the expertise of a registered migration agent. At Kin Migration, we offer tailored guidance based on your specific circumstances, potentially increasing your chances of a successful application and alleviating some of the stress associated with the process.
It's important to weigh this against the additional expenses involved, keeping in mind there are no guarantees of success. Each couple must carefully consider their unique situation, weighing the pros and cons of each option to determine the best path forward in their journey to reunite and build a life together in Australia.
The content on this page does not constitute legal or immigration advice. Australian immigration doesn't have to be complex and we can help with your unique circumstances. To seek legal advice or information that is specific to your situation, please contact us.
