Your Basic Guide to the Prospective Marriage Visa
The Prospective Marriage Visa or subclass 300 visa is designed for overseas applicants who are engaged to an Australian permanent resident or citizen. This visa is a temporary nine month visa, to allow you the time you need to come over to Australia and get married to your fiance. Once you have been married, you can apply for an 820 partner visa and continue this eligibility stream to permanent residency.
Criteria for the Subclass 300 Marriage Visa:
In order to be granted this type of marriage visa, Australia immigration requires that you meet certain criteria. This includes demonstrating the legality of your marriage. Your marriage must comply with the marriage rules in Australian law. Since same sex marriages are not recognised under Australian law, you would need to be recognised as a de-facto relationship. For this, you would need to demonstrate a minimum of twelve months as a de-facto relationship, or that you have a child with your partner.
You will need to have sponsorship from an eligible sponsor and show that you and your partner have a mutual commitment to a shared life. Any separations must only be temporary and you will need to demonstrate that your relationship is continuing and genuine.
You will also need to meet the Department health and character requirements, and sign an Australian Values Statement.
Application Restrictions for Applying for the Prospective Marriage Visa:
With regards to this type of marriage visa, Australia immigration rules do limit the applicants. Applicants will only be accepted when you are outside of Australia during the application process and when the decision is made. You also need to have a partner who is eligible to sponsor you. If your partner has sponsored a partner visa in the last five years, have previously sponsored two partner visas or they have been sponsored themselves on a partner visa in the last five years. Additionally, if your partner has an outstanding charge or conviction for an offense against a child, they may not be able to sponsor you.
However, in certain instances, it may be possible to have your partner still sponsor you if there are compelling circumstances, such as their previous partner abandoned them with young children or if their partner died. Additionally, if you have dependent children or have been in a relationship together for in excess of two years, your partner may also be permitted to sponsor you.
Applying for the Subclass 300 Visa:
As with any partner visa, the process does require a great deal of supporting documentation and paperwork. Your application may be denied if you fail to provide sufficient documentation, so it is a good idea to provide as much supporting evidence as possible. You will also need to meet the health and character requirements, which may require a medical assessment and provision of a police certificate from any country where you have lived for ten years or more.
If you are considering applying for a prospective marriage visa, contact us. We are immigration specialists and our experienced team would be delighted to discuss your particular circumstances to assist with your application.
Need Professional Help With The Application Process?
The Visa application process is difficult. It is common for self-prepared applications to get rejected. We know how important it is that your application is approved and we are here to make sure that it does.
If you would like to have your application managed by experts who can get you the best outcome, then call 888 Migration Services and talk with us about how we can help.
Alternatively you can get our information pack.