The Prospective Marriage (Subclass 300) visa, also sometimes colloquially known as the “fiancée visa”, is a temporary visa permitting the holder to travel to Australia and marry an Australian citizen, permanent resident, or eligible New Zealand citizen.
Once granted, it is valid for 9-15 months to enable the holder to enter Australia, get married, and subsequently apply for the onshore Partner (Subclass 820/801) visa.
This article outlines the eligibility criteria to apply for the Prospective Marriage visa, why you would use it, and what to do after you get married.
Who is this visa for?
The Prospective Marriage visa is for unmarried couples who want a visa to enable the non-Australian partner to come to Australia, get married, and subsequently apply for an onshore Partner (Subclass 820/801) visa which leads to Australian permanent residency.
Practically speaking, you would apply for the Prospective Marriage visa if you are not married, but are not able to demonstrate that you are in a “de facto relationship” to be able to apply for either the offshore Partner (Subclass 309/100) visa, or the onshore Partner (Subclass 820/801) visas.
This is more commonly the case for couples who have not and do not live together – for example in situations where one person resides in Australia, and the other person resides overseas.
This could also occur for various reasons such as religious/cultural purposes (such as an arranged marriage), work/business obligations, or the non-Australian otherwise not being able to obtain another visa to enter Australia.
Eligibility for Prospective Marriage (Subclass 300) visa
Generally speaking, to be eligible to apply for a Prospective Marriage visa, you must:
- be at least 18 years of age;
- intend to marry a person who is an Australian citizen, permanent resident, or eligible New Zealand citizen (prospective spouse);
- be sponsored by your prospective spouse (who themselves are not prohibited from being a sponsor) who also must be at least 18 years of age;
- have met your prospective spouse in person since you both turned 18, and be known to each other personally;
- genuinely intend to marry within the visa period;
- genuinely intend to live together as spouses; and
- satisfy health and character criteria.
What do you normally need to provide?
In addition to standard documents (identity, character etc.), you would otherwise need to provide documents such as:
- an intention to marry (marriage celebrant’s letter, or notice of intention to marry); and
- evidence of the relationship broadly – such as contact while apart (email, Whatsapp, Skype, Zoom, iMessage, call history etc.), remittance/money sent, joint travel, photos etc.
Often a statement that addresses the history and nature of the relationship with these supporting documents is helpful.
What happens after the visa is granted?
Once the Prospective Marriage visa is granted, there are two things you need to be aware of:
- the validity period of the visa; and
- the conditions applicable to the visa.
The Prospective Marriage visa will be valid for at least 9 months, though can be granted for up to 15 months in duration.
On approval, the Prospective Marriage visa will be subject to conditions requiring the holder:
- not to marry or enter into a de facto relationship before entering Australia;
- to enter into the marriage with which the visa was granted within the relevant visa period.
This means it otherwise has full work rights, and full study rights.
Effectively, once the Prospective Marriage visa is granted, the visa holder has 9-15 months to enter Australia, get married, and then apply for another visa (ordinarily the Partner (Subclass 820/801 visa).
We have some free resources on our website, including:
- some general information about Partner visas here;
- five essential things to know before applying for a Partner visa here; and
- a document checklist for typical documents to include in a Partner visa application here.
How much does it cost?
The lodgement fees for the Prospective Marriage visa are as follows:
$ 8,085exc surcharges
$ 4,045exc surcharges
< 18 dependent
$ 2,025exc surcharges
One of the benefits of having first held a Prospective Marriage visa is that it reduces the cost for the subsequent onshore Partner (Subclass 820/801) visa as follows:
$ 1,350exc surcharges
$ 675exc surcharges
< 18 dependent
$ 335exc surcharges
How long are the processing times?
As at the time of writing, the Department’s stated processing times for Prospective Marriage visas are such that:
- 25% are finalised in 8 months;
- 50% are finalised in 12 months;
- 75% are finalised in 26 months; and
- 90% are finalised in 37 months.
This captures the time from the date of lodgment of the Prospective Marriage visa application to finalisation.
If you have a fiancée or are thinking about getting married and would like to discuss if the Prospective Marriage (Subclass 300) visa is appropriate for you, please feel free to contact us by email at [email protected] or phone +61 3 9016 0484 to obtain further guidance.