Subclass 300 – Prospective Marriage Visa Australia
The Prospective Marriage Visa (subclass 300) is for people who are looking to enter Australia and marry their prospective partner. The visa is a temporary visa, and once married will enable you to apply for the Partner (subclasses 820 & 801) visa in Australia.
You and your partner must get married within 9 months of arriving in Australia and this period begins on the day your Prospective Marriage Visa is granted.
Main Requirements Of The Subclass 300 Visa
It is a requirement of the Prospective Marriage Visa (subclass 300) that a Notice of Intent to Marry is provided with the application.
Further to having a genuine intent to get married when the visa is granted, the application must show evidence that you are in a genuine and continuing relationship with your partner.
Condition 8519 specifies that the visa holder must marry within nine months of being granted the visa. This means that once you or your partner arrives in Australia you must get legally married within 9 months.
How To Apply For The Prospective Marriage Visa (Subclass 300), And The Benefits Of The Visa
The applicant for a Prospective Marriage Visa (subclass 300) must be sponsored by an Australian citizen or permanent resident with whom they are in a relationship. The application must be made from outside of Australia, and the applicant must be outside of Australia when the visa is ready to be granted.
The Prospective Marriage Visa (subclass 300) is a more favourable option for people that are in a relationship with a person from overseas but do not have enough evidence to lodge a Partner visa application.
This is partly due to the fact the legislative requirements of being in a de-facto relationship prior to lodging the application are not as stringent as those of the Partner visa. An applicant will need to provide a Notice of Intent to Marry (NOIM) with their application, in addition to their genuine relationship evidence to be considered for the visa grant.
In some cases, applicants who are outside of Australia, apply for a Prospective Marriage Visa (subclass 300) then apply for a Visitor (subclass 600) visa to visit Australia during the processing time. It is important to note, however, the applicant must be outside of Australia for the visa to be granted.
Once the visa has been granted, the applicant will have 9 months to enter Australia and get married to their partner. The marriage does not need to take place in Australia and can occur anywhere as long as it is a valid legal marriage in that country.
The applicant will then be required to make an application for the Partner (subclasses 820 & 801) visa prior to the visa expiry at a reduced visa application charge. The applicant will still, however, be required to wait out the two-year period from the date the Partner (subclass 820) visa is lodged, until it is granted.
Next Steps In Obtaining A Prospective Marriage Visa (Subclass 300)
If you are considering lodging a Prospective Marriage Visa (subclass 300) application or would like to further discuss your options please contact us on 1300 083 843, via email at [email protected] or by making an online enquiry.
Prospective Marriage Visa Frequently Asked Questions
The processing time for a Prospective Marriage Visa (subclass 300) can be quite lengthy. Roughly 75% of applicants experience a processing time of 26 months.
The Department of Home Affairs fees for a Prospective Marriage Visa (subclass 300) is currently AUD $7,850.00.
If you wish to travel to Australia while your Prospective Marriage Visa (subclass 300) is processing, you will need to apply for an applicable alternative visa.
Once your Prospective Marriage Visa (subclass 300) has been approved, you must enter Australia by the date specified in your visa grant letter. After you have entered, you must comply with your visa conditions and marry your partner before the visa expires in order to be able to apply for the next step, being the Partner (subclass 820 and 801) visa.
If your Prospective Marriage Visa has not been approved, the Department of Home Affairs will provide you with reasons as to why it has been refused and also if you have the right to a review of the decision.
The Prospective Marriage Visa (subclass 300) will allow you to stay in Australia for nine months to enable you to marry your partner.
Your Prospective Marriage Visa (subclass 300) cannot be extended, nor can you be granted a further one. If you and your partner are looking to stay in Australia long term, you should apply for the Partner (subclass 820 and 801) visa once you have been married.
Australia recognises same-sex couples on the same level as heterosexual couples, and both have equal rights in Australia. You can apply for both the Prospective Marriage Visa (subclass 300) and subsequent Partner (subclasses 820 and 801) visa if you are in a same-sex relationship.