Prospective Marriage in Australia – Worldly Migration

23 Jan Prospective Marriage in Australia – Worldly Migration

For those who have found love and wish to marry an Australian citizen, an Australian permanent resident, or an eligible citizen of New Zealand, you may be eligible for a Prospective Marriage (subclass 300) Visa if you are over the age of 18.

You must be outside of Australia at the time when you apply for this visa and at the time when the visa is granted. This is a temporary visa that is valid for 9 months from the date of grant. During that time, you will need to enter Australia, marry your sponsor, and make an application for a Partner visa. The marriage can take place either inside or outside of Australia.

Requirements for 300 Prospective Marriage Visa

Generally, to be granted this visa:

You will need to provide evidence that you and your fiancé have met in person since you both turned 18 – letters or communication by email/internet will not be enough – this can include evidence of ongoing contact during times spent apart such as letters (with envelopes) written to each other, copies of telephone bills showing the itemised calls to each other and evidence of any money or gifts sent to each other.

You will need to show that you and your fiancé are known to each other personally and met in person as adults. You can demonstrate this by providing evidence of contact that shows the development of your relationship with your partner. The Department may decide to interview both of you about your relationship.

You will need to show that you and your fiancé genuinely intend to marry within the visa period and live together as in a spousal relationship. You can satisfy this requirement by providing a signed and dated letter (on letterhead) from an authorised marriage celebrant who will conduct the ceremony. The letter must include the date (or date range) and the venue of the marriage ceremony and confirmation that a Notice of Intention to Marry has been lodged with them. If the marriage has been arranged according to traditional custom then explain the customs.

You will need to show that there is no impediment to your marriage under Australian law.

You will also need to provide:

• At least two statutory declarations from friends or relatives explaining how they know both of you and why they believe that your relationship is genuine and continuing (you can use form 888).

• statements from each of you explaining:
• when / where / how you met each other.
• whether you go out / socialise/entertain people as a couple.
• what your plans are for the future.
• when/where you plan to be married.
• where you plan to live and whether you are planning to have children or pets; and
• whether you give each other emotional support and companionship.

• certified copies of your passport and birth certificate.
• certified copy of the birth certificates of any children included in your application together with a form 1229 completed by any other person who can lawfully determine where the children can live.
• certified copy of the sponsor’s birth certificate and evidence that they are an Australian citizen or permanent resident.
• If either of you has been married before evidence that you are no longer married.

In particular, the applicant:

• Should be over 18 years of age.
• Shouldn’t be present in Australia when the application is lodged or when the visa is granted.
• Meet the requisite criteria for a relationship.
• It must be sponsored by your fiancé.
• Must satiate the stated requirements for good character and health.
• Must have repaid or planned to repay any outstanding debt, towards the Government of Australia.
• Must provide evidence that he/she intends to marry an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen.
• Must know their prospective spouse well.
• Must have met their prospective spouse in person.
• Must be of the opposite sex from their partner (same-sex applicants should opt for a partner visa).

The sponsor:

• Must be the fiancé of the applicant.
• Must be of good character.
• Shouldn’t have been a sponsor for a spouse application or a successful partner in the last five years.
• Shouldn’t have sponsored more than one applicant in the past.
• Shouldn’t have been a spouse or a sponsored partner in the past five years.
• Shouldn’t sponsor someone who was your partner then if you have a Women at Risk visa

At all times, a sponsor is held responsible for:

• The money that the fiancé owes to the Government of Australia.
• Fiancé’s compliance with the requirements of the Visa.
• Fiancé’s employment in Australia

If your relationship ends after you arrive in Australia or if you are experiencing family violence in your relationship you should obtain legal advice as soon as possible.

Can you include your children in the application?

You can include your child (or stepchild) in the application if they are not married, engaged to be married or in a de-facto relationship and meet one of the following requirements:

• They have not turned 18.
• If they have turned 18, they are under the age of 23 and are dependent on you or your spouse/de-facto partner.
• Your child has turned 23 and they are wholly or substantially reliant on you or your spouse/de-facto partner for financial support because they are incapacitated for work due to the total or partial loss of their bodily or mental functions.

Your child will need to continue to meet these requirements at the time a decision is made on your application.

Visa 300 to Permanent Residency

The prospective marriage visa pathway is, a 3-stage process to permanent residence, comprising the following steps:

If your application gets refused, your partner may be able to seek a review of that decision with the Administrative Appeals Tribunal.

Worldly Migration can help you with your application for a 300 Prospective Visa by booking a confidential free initial consultation with our Principal Migration Agent, Evan Bishop (MARN 1679414).