Australia Prospective Marriage Visa (subclass 300)

The Australia Prospective Marriage Visa (subclass 300) is for individuals who are engaged to an Australian citizen or permanent resident and looking to get married and settle permanently in Australia. This visa allows the fiancé(e) of an Australian to enter and stay in Australia for a period of up to 9 months to plan and prepare for their wedding, after which they must apply for a Partner visa (subclass 820/801 or subclass 309/100) to remain in Australia permanently.

The Fiance Visa (subclass 300) is a temporary visa that provides a pathway to permanent residency in Australia. Once granted, the visa holder can enter and leave Australia as many times as they wish during the validity of the visa. However, the visa holder must not marry their partner outside of Australia as the visa is only valid for a marriage that takes place in Australia.

Onshore Vs Offshore Prospective Marriage Visa

The Australia Fiance Visa can be applied for both onshore and offshore. An onshore application means the applicant is already in Australia on a valid visa and applies for the Prospective Marriage Visa (subclass 300) while remaining in Australia. An offshore application means the applicant is outside of Australia and applies for the Prospective Marriage Visa (subclass 300) while they are in their home country or another country outside of Australia.

Australia Prospective Marriage Visa (subclass 300) Eligibility

To be eligible for the Prospective Marriage Visa (subclass 300), the applicant must meet these requirements:

• They must be engaged to an Australian citizen, permanent resident or eligible New Zealand citizen.

• They must intend to marry their partner within 9 months of arriving in Australia.

• They must have met their partner in person and be in a genuine and ongoing relationship.

• They must meet health and character requirements.

• They must meet certain financial requirements, such as having sufficient funds to support themselves during their stay in Australia.

• Applicants must obtain a police certificate from every country they have lived in for 12 months or more in the past 10 years.

• If the applicant has any dependent children they must also meet the health and character requirements.

Application Process for the Prospective Marriage Visa (subclass 300)

The application process for the Prospective Marriage Visa (subclass 300) involves the following steps.

Firstly, the applicant must submit an online application and pay the application fee. As of March 2023, the application fee for the Prospective Marriage Visa is AUD 7,850 if you apply online, and AUD 8,295 if you apply by paper application. This fee includes the visa application charge and a charge for each dependent family member included in the application.

They must also provide supporting documents such as proof of their identity, their relationship with their sponsor, and evidence of their intention to marry and live with their sponsor in Australia. This may include documents such as photographs, emails, text messages and flight tickets.

Once the application is submitted the applicant will be assigned a case officer who will review the application and request any additional information or documents that may be required. The case officer may also conduct an interview with the applicant to assess their intentions and the genuineness of their relationship with their sponsor.

If the application is successful the applicant will be granted a Prospective Marriage Visa (subclass 300) which will allow them to enter and stay in Australia for up to 9 months. During this time, they must marry their sponsor and apply for a Partner visa (subclass 820/801 or subclass 309/100) in order to remain in Australia permanently.

The Prospective Marriage Visa (subclass 300) Pros and Cons

Benefits

• provides a clear pathway to permanent residency in Australia

• allows the applicant to enter and stay in Australia for up to 9 months

• allows the applicant to work in Australia during their stay

Drawbacks

• the visa is only valid for a marriage that takes place in Australia so the applicant and their sponsor must make arrangements to travel to Australia and hold their wedding there. This can be expensive and time consuming.

• the applicant must meet strict health and character requirements.

• If the applicant has any dependent children they must also meet these requirements.

• the application process for the Prospective Marriage Visa (subclass 300) can be lengthy and complex. The applicant must provide a significant amount of documentation and evidence to support their application and the process may involve interviews and further requests for information.

• the Prospective Marriage Visa (subclass 300) does not provide any assurance of permanent residency. The applicant must still apply for a Partner visa (subclass 820/801 or subclass 309/100) in order to remain in Australia permanently, and this process can also be lengthy and complex.

•  the Prospective Marriage Visa (subclass 300) does not provide any access to government-funded services or benefits, such as Medicare or social security payments. The applicant must arrange their own health insurance and may need to support themselves financially during their stay in Australia.

Despite these challenges and limitations, the Prospective Marriage Visa (subclass 300) can be an attractive option for individuals who wish to settle permanently in Australia. The visa provides a clear pathway to permanent residency and allows the applicant to enter and stay in Australia for up to 9 months to plan and prepare for their wedding. It also allows the applicant to work in Australia, which can be beneficial in terms of financial stability and integration into Australian society.

Convert the is the Australia Prospective Marriage Visa (subclass 300) to Permanent Residency

The Australia Prospective Marriage Visa (subclass 300) is a temporary visa that allows the applicant to enter Australia and stay for up to 9 months to plan and prepare for their wedding. To convert the Australia subclass 300 visa to permanent residency, the applicant must apply for a Partner visa (subclass 820/801 or subclass 309/100) before the Prospective Marriage Visa expires.

The Partner visa is a two-stage process, which includes a temporary visa (subclass 820 or subclass 309) and a permanent visa (subclass 801 or subclass 100). The temporary visa allows the applicant to remain in Australia while their permanent visa application is being processed.

To apply for a Partner visa, the applicant must these requirements:

• must be in a genuine and ongoing relationship with their partner.
• must still be in a relationship with the same partner who sponsored their Prospective Marriage Visa.
• They must meet health and character requirements.
• must provide evidence of their ongoing relationship, such as joint financial commitments, shared household responsibilities and joint travel.
• They must meet financial requirements.

Once the Partner visa application is approved, the applicant will be granted a temporary visa (subclass 820 or subclass 309), which allows them to remain in Australia for up to 2 years. After this they can apply for the permanent visa (subclass 801 or subclass 100) which grants permanent residency in Australia.

Overall, to convert the Australia subclass 300 visa to permanent residency, the applicant must apply for a Partner visa (subclass 820/801 or subclass 309/100) before the Prospective Marriage Visa expires and meet all the relevant requirements.

Can I stay in Australia if i don’t get married on the Australia Prospective Marriage Visa (subclass 300)?

No, if you don’t get married on the Australia subclass 300 visa you will not be able to stay in Australia beyond the visa’s validity period of 9 months. The Prospective Marriage Visa is intended for individuals who plan to marry their Australian partner and settle in Australia permanently.

If you do not get married within the visa’s validity period then you will need to leave Australia before the visa expires. However, if your circumstances change and you still wish to remain in Australia then you may be able to apply for another visa that allows you to stay longer.

What if i am subject to domestic violence on the Australia Subclass 300?

If you are subject to domestic violence while on the Australia Prospective Marriage Visa, it’s important to seek help immediately. If you feel that your safety is at risk you should contact the Australian police or an ambulance by dialing 000. They can provide immediate assistance and connect you with support services.

You can also seek assistance from the Department of Home Affairs who can provide information about your visa options and help you access support services. They have special provisions for victims of domestic violence, which include allowing the victim to remain in Australia on a temporary Bridging visa while they make arrangements to leave Australia or make a new visa application. The Department of Home Affairs takes domestic violence seriously and will consider your circumstances sensitively and confidentially.

Domestic Violence Bridging Visa

The Domestic Violence Bridging Visa (subclass 820) is a temporary visa that allows victims of domestic violence who are on a temporary visa such as the Australia Prospective Marriage Visa (subclass 300) to remain in Australia lawfully while they make arrangements to leave or make a new visa application.

To be eligible for the Domestic Violence Bridging Visa you must be a victim of domestic violence and be able to provide evidence of the abuse. Evidence can include police reports or medical reports.

The Domestic Violence Bridging Visa has these benefits:

• You will be able to work in Australia while you are on the visa.

• You will be able to access medical treatment and care under the Australian healthcare system.

• You may be eligible to undertake studies in Australia.

• You will have time to make arrangements to leave Australia or make a new visa application.

To find out more details about the Fiance Visa and your eligibility take a Free Visa Assessment