Prospective Marriage Visa
The Prospective Marriage visa, also referred to as a fiancé visa, is a temporary visa that allows you to stay in Australia for between 9 and 15 months from date of grant, to marry your potential spouse.
Benefits
Unrestricted Work Rights
Study in Australia
Pathway to Permanent Residency
Less Stringent Evidentiary Requirements than the Partner Visa
Allows for travel in and out of Australia
Facilitates an application for a Partner Visa (Subclass 820 and 801) after marriage
Do you qualify?
Please answer the below section to check your eligibility for an Australian Partner Visa.
About & Visa Eligibility
If you are planning to marry an Australian citizen or permanent resident, or an eligible NZ citizen, and are currently offshore, you can apply for a Prospective Marriage visa. This visa option provides for a potential pathway to permanent residency in Australia.
If granted, this visa will allow you to travel to Australia and marry your intended spouse before the visa expires.
Once you are married, you are then able to apply for the Subclass 820 – Onshore Partner Visa at a lower visa application fee if you apply for it before your Prospective Marriage visa ends.
To be eligible you must:
- be 18 years old or older;
- be sponsored by an Australian citizen, Permanent Resident, or an eligible NZ Citizen;
- intend to marry your prospective spouse before the visa period ends;
- be outside Australia when you apply;
- meet health and character requirements.
Other Types of Partner Visas
There are two types of Partner Visas:
Onshore Partner Visa
Subclass 820 Partner Visa (Temporary)
This visa is applied for whilst in Australia and will permit you to remain in Australia with your partner/spouse until a decision is made on your permanent Partner visa (subclass 801).
Offshore Partner Visa
Subclass 309 Partner visa (Provisional)
This visa is applied for from outside Australia and will allow you to live temporarily in Australia until a decision is made on your permanent Partner visa (subclass 100).
Subclass 300 Prospective Marriage Visa to Permanent Residency
The below timeline outlines briefly the relevant steps to achieve permanent residency through the Prospective Marriage Visa pathway:
Step 1
Apply for Subclass 300
Step 2
Wait for your Visa Grant
Step 3
Arrive in Australia and get married within the visa validity period
Step 4
Apply for Onshore Partner Visa;
Step 5
Permanent Residency application decided on
No. A primary criteria of this visa dictates that both, the applicant, and sponsor must have met physically before applying for a Subclass 300 visa.
As your visa allows you to travel in and out of Australia, you are not limited to having your wedding in Australia.
You must be outside Australia when you lodge your application.
Not necessarily. Our expert lawyers will review your previous refusal and evaluate whether the refusal will affect your current application.
Yes, you can include dependent children under 18 in your application. You may also be able to include children, over 18, provided that they are still fully dependent on you.
In these circumstances, you/your fiancé will need to leave Australia before the visa expires or look into alternative visa options.
Yes, you can work whilst in Australia in usual circumstances. However, we recommend that you check your specific visa conditions before undertaking work.
No, you will no longer be eligible as you do not meet the criteria and may need to consider switching to an onshore partner visa application.
Yes, you may apply for another short-term visa to enter Australia.
Current processing Time
The general processing times set by the Department for a Prospective Marriage Visa are as follows:
Subclass 300 Processing times
75% of applications: 24 months
90% of applications: 28 months
820 PROCESSING TIMES
75% of applications: 24 months
90% of applications: 31 months
Individual processing times for any given application may vary depending on an applicant’s specific circumstances, their country of origin, as well as the quality of the application lodged with the Department of Home Affairs, i.e., a decision ready application in compliance with all legislative and policy criteria.
Prospective Marriage Visa Costs
- 300 Partner Visa Application AUD 7,850
Paid directly to the Department of Home Affairs at time of application: Visa application fee of $7,850 for the main applicant, $3,930 for any dependents over 18 and $1,965 for each child under 18.
- 820/801 Partner Visa Application by 300 Visa Holder AUD 1,310
The visa application fee of $1,310 for the main applicant, $600 for any applicant over 18, and $325 for each dependent under 18.
- Medical Examination Cost Varies
Paid directly to the panel clinic/hospital that undertakes the medical examination for the applicants.
- Police Checks Cost Varies
Paid directly to the relevant authorities that issue national/state level police/character checks for the applicants/sponsor.
Covid-19 Concessions
If you have applied for a Subclass 300 visa offshore, the COVID-19 concession period allows you to be granted a Subclass 300 visa in Australia if you meet all other visa criteria. Exempt individuals include:
- Visa applicants who made their visa application outside Australia before the end of the COVID-19 concession period, but have been in Australia during that period, will be able to have their visa granted in Australia if all the other requirements for the visa are met.
- Any applicant who is outside Australia and who meets the usual visa grant requirements will be able to be granted the visa outside Australia (as per the current process).
Applicants who come to Australia after the end of the COVID-19 concession period will not be able to be granted their visas while they are in Australia. The COVID-19 concession period started on 1 February 2020 and will remain in place during the pandemic until further notice.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. Further, this info is subject to constant change based on any changes in the law, and therefore, is not intended to create, and receipt or viewing does not constitute a solicitor-client relationship. The reader should consult with an immigration lawyer prior to lodging any application as each lawful case may be different.
