The perfect visa to get you to Australia for your perfect day!
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If you are currently outside of Australia, engaged to your Australian partner and have started to make plans to get married in Australia, you will need to make sure you plan and apply for the right visa well ahead of the big day. We summarise the key features of the prospective marriage visa, how it differs from the partner visa and why applying sooner rather than later can reduce the waiting time for you and your fiancé.
Is this the same as the fiancé visa?
The subclass 300 Prospective Marriage Visa is also commonly known as the fiancé visa. It was designed to facilitate the entry to Australia for those who intend on getting married to an Australian citizen or permanent resident, so that they are able to be in Australia for their wedding day. The applicant must not already be married to their sponsor. The applicant and sponsor must show that they have an intention to get married in Australia. This is usually proven by lodging a notice of intention to marry (NOIM) with their state or territory marriage authority in Australia.
Other evidence of an intention to marry may include venue bookings, letters provided by celebrants or religious authorities. The couple must also show proof that they have a genuine and continuing relationship. Shared financial and household responsibilities, your relationship being well known to family and friends, previous travel undertaken together and contact maintained while living apart are some examples of proof that you are in a genuine and continuing relationship.
How is this visa different from the partner visa?
The main difference between the Prospective Marriage Visa and the Partner Visa is that the applicant and sponsor must not be married to each other when they apply for the Prospective Marriage Visa. Also, the Prospective Marriage Visa does not require the applicant and the sponsor to be in a de facto relationship. On the other hand, one of the key requirements of a partner visa application is that the applicant and sponsor must either be married to each other or in a de facto relationship. The Prospective Marriage Visa is the ideal visa for those who are engaged and have plans to marry in Australia, but have never lived with or been in a de facto relationship with their Australian partner.
What this visa allows you to do
Once granted, the Prospective Marriage Visa is valid for 9 months. The applicant must enter before the first entry date listed on the visa grant letter. After entering, the applicant must also marry their sponsor in Australia before the expiry of the visa. The visa allows unlimited travel in and out of Australia, permits the applicant to study at their own expense and full work rights while the visa is valid. The applicant and sponsor must not marry before the applicant first enters Australia on this visa.
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What needs to be done after the wedding?
After the applicant and sponsor get married in Australia and before the Prospective Marriage Visa expires, the applicant will need to gather further evidence of their continuing relationship including evidence of your marriage and apply for an onshore partner visa (Subclass 820/801). This is necessary if they want to remain in Australia after the Prospective Marriage Visa expires.
The processing time for the onshore partner visa for the holder of a Prospective Marriage Visa is usually shorter than that for an applicant who has never held the Prospective Marriage Visa. Lodging a partner visa before the expiry of the Prospective Marriage Visa means that the applicant will be automatically granted a bridging visa so that they can remain in Australia after the Prospective Marriage Visa expires. This bridging visa will also give you unlimited work rights and access to Medicare. If you need to travel outside of Australia while holding the bridging visa, you will need to apply for permission to travel.
How much does it cost and how long will it take?
The Prospective Marriage Visa will cost $7,715 and prior to the COVID-19 pandemic, the processing time stated on the Department of Home Affairs website was more than 12 months. This may seem like a long time especially if you are planning on getting married much sooner than that. However, we recommend that the application for a Prospective Marriage Visa is lodged at least 12 months before the intended marriage date especially given that travel bans are now in place for those who are not immediate family members of Australian citizens or permanent residents. We recommend allowing for flexibility in the intended marriage date in the event that the visa is not granted in time.
Will the current travel bans affect the visa application?
The only people currently eligible for an exemption to travel to Australia are the immediate family members of Australian citizens and permanent residents. The good news is that Prospective Marriage Visa applications are still being processed. We can expect that by the time a Prospective Marriage Visa is granted (at least 12 months), travel bans to Australia will have been either lifted or eased by then. That’s why it is ideal to apply as soon as possible so that the application in the processing queue rather than wait until travel bans are lifted when there may be a flood of prospective marriage and partner visa applications. By then, processing times may well be longer than it is currently.
If you are granted a Prospective Marriage Visa and there are still travel bans in place, you may be able to apply for an exemption to enter Australia on the basis of being an immediate family member of your partner or on compassionate reasons.
Why choose us to help you?
To help you get the perfect visa in time for your big day, the team at Titan Migration can help you prepare and lodge a Prospective Marriage Visa application that meets all the requirements and is decision ready. We aim to give you the best chance of a visa grant and a reduced visa processing time.
Our team specialises in Partner and Prospective Marriage Visas so we can assess the strengths and weaknesses of an application, provide the right advice and guidance to ensure that your visa application is supported by strong evidence and accurate information.
If you would like to arrange a consultation so that we can help you prepare for your visa application, contact us or book a consultation online.
Want to know what your options are?
Fill in our Prospective Marriage Visa Pre-Assessment form
About Peter Chang
Peter Chang is a registered migration agent based in the Western Sydney hub of Parramatta, Australia. He is the co-founder of Titan Migration, a consultancy specialising in providing Australian immigration advice and visa assistance services.
