A Prospective Marriage Visa (subclass 300) allows individuals outside Australia to enter the country to marry their Australian citizen, permanent resident, or eligible New Zealand citizen partner. Here’s a comprehensive guide to the visa details, including application, costs, and obligations.
Eligibility
Age: Must be 18 years old or older.
Sponsor: Must have a sponsor who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
Marriage Intent: Must intend to marry your prospective spouse before the visa expires.
Application Location: Must be outside of Australia when applying for the visa. Family members must also be outside Australia.
Decision Location: Can be either in or outside Australia at the time of visa decision.
The visa permits a stay in Australia for 9 to 15 months from the grant date, during which you are granted full work rights and the ability to study. Additionally, you can travel to and from Australia as often as you like while the visa remains valid. If you wish to settle in Australia, you should apply for a Partner visa (subclass 820 and 801) after marriage and before your Prospective Marriage visa expires. Applying for the Partner visa before the expiration of the Prospective Marriage visa offers a reduced application fee. The cost for the main applicant is AUD 9,095.00. Additional fees will apply for family members and other requirements, such as health checks, police certificates, and biometrics.
Required Forms
Form 80: Character assessment for the applicant and any dependent children aged 16 years and over.
Form 888: At least 2 statutory declarations from third parties supporting your relationship. We recommend providing 4 to 6.
Personal Documents
Passport biodata page for the applicant.
Full birth certificate of the applicant (showing both parents' names).
Notice of Intention to Marry.
Evidence of physical meetings with your fiancé(e).
Evidence of a genuine relationship and plans to live together post-marriage, including:
A statement or statutory declaration detailing your relationship history.
Additional relationship evidence.
Additional Documents for Dependent Children
Parental responsibility documents for children under 18 migrating to Australia
(if applicable).
Adoption papers for children (if applicable).
For children aged 18 or over, ensure they are included in your application and
follow special rules.
Form 80 for dependent children aged 16 years and over.
Australian Federal Police clearance for dependent children aged 16 years and over.
Offshore police clearances for dependent children aged 16 years and over.
Sponsor’s Documents
Passport biodata page for the sponsor.
2 passport photos of the sponsoring partner.
Full birth certificate of the sponsor (showing both parents' names).
Proof of the sponsor's Australian citizenship, permanent residency, or eligibility as New
Zealand citizen.
Australian Federal Police clearance for the sponsor.
Offshore police clearances (if applicable).
Health and Character
Australian Federal Police clearance (if required).
Offshore police clearances.
Visa medicals.
Application Process
Initial Application: Must be outside Australia when applying, with family members also needing to be outside Australia. Notify the Department if a child is born after your application.
Health and Character: All family members must meet health and character requirements. It is recommended to have health insurance to cover unforeseen medical expenses while in the country. Verify whether your country has a reciprocal healthcare agreement with Australia.
Visa Grant: If granted while outside Australia, you must enter before the initial arrival date specified in your grant letter.
Visa Management
The visa is digitally linked to your passport, meaning that no physical label or sticker will be issued. Instead, to confirm your visa status and conditions, you will need to use VEVO (Visa Entitlement Verification Online). VEVO is an online tool provided by the Australian Department of Home Affairs that allows you to check your visa details, including your visa validity, conditions, and entitlements. This digital verification system ensures that you can easily access and manage your visa information throughout your stay in Australia.
Additional Considerations
New Zealand Passport Holders: Inform the immigration officer of your Prospective Marriage visa to avoid being issued a Special Category visa (subclass 444), which will override the Prospective Marriage visa.
Relationship Changes: Notify the Department if your relationship ends or if there are changes to your circumstances.
Frequent Questions and Answers
Q1: How long can I stay in Australia with a Prospective Marriage visa?
- You can stay in Australia for 9 to 15 months from the date your visa is granted.
Q2: Can I work or study on this visa?
- Yes, you can work and study while holding a Prospective Marriage visa.
Q3: Can I travel in and out of Australia with this visa?
- Yes, you can travel to and from Australia as many times as you want while the visa is valid.
Q4: What should I do if I have a baby after my visa is granted?
- Notify the Department of Home Affairs as soon as possible if you have a baby after your visa grant.
Q5: What happens if my relationship ends?
- You may still be eligible for a Partner visa (subclass 820 and 801). You must be in Australia to apply for this visa and may need to complete the Notification of Relationship Cessation form.
Q6: How do I prove I have a visa?
- Use VEVO to check and prove your visa status. The visa is digitally linked to your passport.
Q7: What if I need to change my contact details or passport?
- Notify the Department of any changes to your contact details, passport, or any other relevant changes to your application.
Q8: Can I visit my partner while the prospective marriage visa is being processed?
- Yes, you can apply for a visitor visa to spend time with your Australian partner while your prospective marriage visa is being processed.
Q9: What happens if my subclass 300 visa is granted?
- If granted, the subclass 300 visa lets you stay in Australia for up to 9 months. You must be outside Australia for the grant. Marry in Australia within this time or enter first, marry overseas, and then return to apply for an onshore partner visa. The visa permits work, study, and unrestricted travel.
Q10: What happens if my subclass 300 visa is refused?
- If your visa is refused, you can appeal to the AAT, but you must adhere to strict deadlines and procedures. The AAT can confirm, change, or overturn the decision, or return it to the Department with instructions. Act quickly to submit your appeal. For expert assistance and guidance, consult Australian Portal Immigration (API), who can help you navigate the appeal process effectively.
Please note that immigration regulations may change over time. To ensure you meet the current eligibility criteria and receive personalized guidance, we recommend consulting with Australian Portal Immigration. You can book your appointment here.
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