Prospective Marriage Visa
Marry in Australia & stay permanently with the Prospective Marriage Visa.
Prospective Marriage Visa (Subclass 300)
OFFSHORE (Applying from Outside Australia)
The Prospective Marriage visa (subclass 300) allows individuals to come to Australia to marry their fiancé(e). Once granted, you should marry your fiancé(e) and apply for a Partner visa (subclasses 820 and 801) before the Prospective Marriage visa expires.
Features
- Valid for 9 to 15 months from the grant date
- Allows travel to and stay in Australia
- Permits work and study (at your expense)
- Enables multiple entries to and from Australia
Application Process
- Apply from outside Australia; you can be in or outside Australia when the visa is granted
- Requires standard health and character checks
- The marriage must take place within the visa validity period
Next Steps: Partner Visa
- After marriage, apply for the Partner visa (subclasses 820 and 801) before the Prospective Marriage visa expires
- Partner visa allows for temporary stay initially, leading to permanent residency after approximately two years
Obligations
- Marry your fiancé(e) and apply for a Partner visa before the Prospective Marriage visa expires
- Comply with Australian laws and visa conditions
- Must intend to marry your fiancé(e)
- Must have met and know your fiancé(e) personally
- Must meet health and character requirements
- Must be at least 18 years of age
- Relationship Requirements
- Both parties must be at least 18 years old and free to marry
- Genuine intention to marry within 9 months of the visa grant
- Must have physically met and know each other personally
- Genuine intention to live together as a married couple
- Must be an Australian citizen, permanent resident, or eligible New Zealand citizen
- Should not have sponsored more than one other fiancé(e), partner, or spouse for migration to Australia, or sponsored a fiancé(e), spouse, or partner within the last 5 years
- Must provide police checks and consent to the disclosure of any relevant convictions
For detailed eligibility and exemptions:
The Four pillars
Partner Visas: The 4 Main Aspects of the Relationship
To be eligible for a partner visa, you must demonstrate that your relationship is genuine and continuing. Decision makers assess four key factors:
Financial Aspects
Evidence of shared finances indicates a genuine relationship:
- Joint ownership of property or major assets
- Shared financial responsibilities and liabilities
- Combined household expenses and joint bank accounts
Nature of the Household
- Evidence of a shared household includes:
- Joint ownership or lease of residential property
- Shared responsibility for children
- Joint utility bills and household chores
- Mail addressed to both partners at the same address
Social Aspects
- Evidence of your relationship’s social aspects:
- Relationship declared to government and public institutions
- Joint travel plans and future intentions
- Statements from friends and family
- Joint participation in social, cultural, or group activities
Nature of Commitment
- Evidence of mutual commitment and seriousness of the relationship:
- Length of the relationship and cohabitation
- Knowledge of each other’s personal circumstances
- Emotional support and companionship
- Long-term intentions and plans
Checklist
Partner Visa Applicant Document
- Primary Identity Proof (One of the following):
- Birth certificate showing both parents’ names
- Identification pages of a family book showing both parents’ names
- Identification pages of a government-issued ID document
- Identification pages of a court-issued document proving your identity
- Identification pages of a family census register
- Passport: Current passport page showing photo, personal details, issue, and expiry dates
- Photographs: Two recent passport photos (45 mm x 35 mm) with your name printed on the back
- National Identity Card (if applicable)
- Proof of Name Change (if applicable)
- Form 888: Two statutory declarations from supporting witnesses
- Proof of Relationship: Evidence that your relationship is genuine and continuing
- Marriage Certificate (if married)
- De Facto Relationship Proof (if applicable)
Previous Relationships
- Documents: Divorce papers, death certificates, separation documents, or statutory declarations for any previous marriages or relationships
Meeting Australian Visa Health Requirements
- Australia maintains high health standards, and most visa applicants must meet minimum health requirements to be granted a visa. This process is known as meeting the health requirement.
Why You Must Meet the Health Requirement
- Most visa applicants, including some family members not migrating to Australia, must meet the health requirement. Health examinations might be necessary, and results will be assessed by a Medical Officer of the Commonwealth (MOC).
The MOC evaluates if your medical condition might:
- Threaten public health
- Result in significant healthcare and community service costs
- Place a demand on healthcare or community services in short supply
- The MOC's advice is based solely on medical conditions, not personal circumstances like private health insurance or financial ability to pay for treatment. The MOC might also recommend you sign a health undertaking.
- Significant Healthcare and Community Service Costs
- The MOC considers if your health condition could impose significant costs on the Australian community. Cost assessments vary:
- For temporary visas: Costs are calculated for the period of stay.
- For permanent visas: Costs are estimated for up to 10 years or life expectancy.
- A health condition doesn't always mean you'll fail the health requirement due to costs, which depend on the condition's type and severity. Costs of AUD 51,000 or more are considered significant.
- Safeguarding Access to Healthcare and Services
- The MOC also assesses if your condition might limit Australian citizens' or residents' access to scarce healthcare or community services, like organ transplants or dialysis. In some cases, a health waiver might be exercised if granting the visa wouldn't result in significant costs or limit access to these services.
Meeting Character Requirements
To visit or live in Australia, you must meet the character requirements as outlined under section 501 of the Migration Act 1958. This applies to visa applicants and those seeking Australian citizenship. Character requirements are crucial for ensuring safety and integrity in the Australian community. Key considerations include criminal history, involvement in certain organizations, and potential risks to the community. Applicants may need to provide police and military certificates, and disclose all past criminal conduct truthfully. Failure to meet these requirements can lead to visa refusal or cancellation, though there are processes to appeal decisions through the Administrative Appeals Tribunal (AAT).
- Form 80: Personal particulars for assessment (including character assessment)
- Police Certificates
- Military Records: Service records or discharge papers (if applicable)
Sponsor Document Checklist
Sponsorship Application
- Online Submission: Lodge your sponsorship form online after your partner has submitted their visa application and provided you with their Transaction Reference Number (TRN) or application ID
- Identity Documents
- Proof of Citizenship/Residency: Evidence that your sponsor is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
- Proof of Residence: If your sponsor is an Australian permanent resident or eligible New Zealand citizen, provide proof they usually live in Australia
Character Documents
- Form 80: Personal particulars for assessment (including character assessment)
- Police Certificates
- Military Records: Service records or discharge papers (if applicable)
Proof of Relationship (For Both Applicant and Sponsor)
Comprehensive Evidence: Provide as many documents as possible to show your relationship is genuine and continuing, based on the four pillars of the relationship:
- Financial Aspects
- Nature of the Household
- Social Aspects
- Nature of Commitment
For more information
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