Prospective Marriage visa (subclass 300)

Features

The Prospective Marriage visa (subclass 300) allows:

people to come to Australia to marry their prospective spouse

Requirements

You might be able to get this visa if you intend to marry:

an Australian citizen
an Australian permanent resident
an eligible New Zealand citizen

The Prospective Marriage visa (subclass 300) is for people who want to come to Australia to marry their prospective spouse.

It is a temporary visa for nine months. You must be outside Australia when you lodge your application and when the visa is granted. You can have the wedding in any country: the wedding does not need to be in Australia.

More information

More information is available from the Partner Migration booklet.

source: Department of Immigration and Border Protection

This visa allows you to:

  • enter Australia before you marry your prospective spouse
  • travel in and out of Australia as often as you want
  • work in Australia, although some employers might not hire people with temporary visas
  • study in Australia, but with no access to government funding for tertiary study
  • apply for a Trav/Visa-1/300- Partner visa, in Australia, after your marriage.

Before you apply

Your passportYou need a valid passport or other travel document for this visa. If you plan to get a new passport, you should do so before applying for your visa. If you get a new passport after you have lodged your application, give the details of your new passport to one of our offices.

You might be able to update your passport details using ImmiAccount.

 

source: Department of Immigration and Border Protection

You must:

  • intend to marry and live as husband or wife with your prospective spouse
  • be sponsored by your prospective spouse
  • know your prospective spouse and have met in person
  • be the opposite sex to your prospective spouse (same-sex couples can apply for  a Partner visa  based on their de facto relationship)
  • meet age, health and character requirements.

Proof of intent to marry

Your application must include proof that you plan to marry your prospective spouse within nine months of being granted the visa.

If you plan to marry outside Australia, you can provide a letter from the person who will perform the wedding ceremony.

If you plan to marry in Australia, you must complete a Notice of Intended Marriage  form and give it to the person who will perform the wedding ceremony. This must be done at least one month, and less than 18 months, before you marry.

Your sponsor

You must be sponsored by your prospective spouse. They must be at least 18 years of age and either:

Your prospective spouse

You must have met your prospective spouse in person, as adults. You must know them personally.

This applies even if:

  • it is an arranged marriage
  • you and your prospective spouse met as children and the marriage was arranged before you turned 18 years of age
  • you met on the internet (exchanging photographs is not evidence of having met in person).

Your age

You must be at least 18 years of age to apply for this visa.

Health requirements

You must meet certain health requirements. The results of your health examinations are generally valid for 12 months.

This applies to all members of your family unit included in your application, whether they are migrating or not.

Character requirements

You must meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until we ask you to.

This applies to you and all members of your family unit listed in your application, whether they are migrating or not.

Debts to the Australian Government

You must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government before this visa can be granted.

Biometrics

You might be asked to provide biometrics (a scientific form of identification) as part of the application. Countries and visa subclasses included in the biometrics program has more information.

Including family in your application

You can include your child/step-child in your visa application at the time of lodgement.

For detailed information regarding who you can include in your application see including family members in your application.

The application must include documentary evidence of their relationship to you.

Members of your family unit must be able to show that they meet healthand character requirements.

How to apply for this visa

This information explains what you need to do to apply for a Prospective Marriage visa (subclass 300).

You and anyone included in your application must be outside Australia when the application is lodged and when the visa is granted.

Prepare your documents

You need to provide documents to prove the claims you make in the application. The documents are listed in the Document checklist.

Some documents could take some time to obtain. You should have them ready when you lodge the application to reduce any delays in processing.

If you cannot get some documents in time to include them with your application:

  • list the documents in your application
  • send them to us as soon as you get them
  • if you have lodged your applicationonline attach them using ImmiAccount.

More information

Please refer to preparing your application, for information on:

  • certifying and translating documents into English
  • communicating with us
  • using a migration agent
  • authorising another person to receive information from us
  • receiving assistance with your application.

After you have applied

After you have lodged your application and documents, we will let you know that we have received your information.

If you applied online, you can track and manage your application using ImmiAccount.

Wait for a decision

We have visa processing times for each visa.

Your application could take longer if you need character or health checks (including x-rays), if you need to provide more information, or if your application is incomplete.

If you apply for this visa from outside Australia, do not make arrangements to travel to Australia until you are advised in writing that you have been granted a visa. Wait for a decision from us before you leave your job, sell your home or book your travel.

Provide more information

You can provide more information to us at any time until a decision is made on the application. If you want to correct information you provided, use:

  • Form 1023Notification of incorrect answer(s) (99KB PDF).

We could also ask you for more information. You will have to respond by a set date. After that date, we can make a decision about your application using the information that we have.

If you applied online, you can provide additional information, including Form 1023, using  ImmiAccount.

If another person gives us information that could result in you being refused a visa, we will usually give you the opportunity to comment on the information.

You might also be interviewed. If you are asked to attend an interview in person, bring your passport or other identification and any requested documents to the interview.

Report changes in your circumstances

You must tell us if your circumstances change. This includes a new residential address, a new passport, or a pregnancy, birth, divorce, separation, marriage, de facto relationship or death in your family.

Please report changes in your circumstances via ImmiAccount. If you are not able to use ImmiAccount, you can use the following forms:

If you do not provide us with the details of any new passport issued to you, you could experience significant delays at the airport and may be denied permission to board your plane.

If you applied online, you might be able to update your address and passport details using ImmiAccount.

If you marry before a decision is made on your application, write immediately to the office processing your application. Send them:

  • a certified copy of proof that you have married
  • a request that, due to your marriage, you want to withdraw the application for a Prospective Marriage visa (subclass 300) and be considered for a Partner visa instead.

Withdrawing your application

You can withdraw the application at any time before we make a decision about it. To do this, send us a letter or email to ask for the withdrawal. Your request must include your full name and date of birth. You should also include your file reference number, client ID, or a Transaction Reference Number.

All applicants 18 years of age or older, wishing to withdraw, must sign the request for withdrawal.

Visa decision

If the visa is granted, we will let you know:

  • when you can use the visa
  • the visa grant number
  • any conditions attached to the visa.

If the visa is not granted, we will let you know:

  • why the visa was refused
  • your review rights (if any). Where applicable, your sponsor can apply for the decision to be reviewed
  • the time limit for lodging an appeal.

source: Department of Immigration and Border Protection

How long your visa lasts

This visa is valid for nine months. It cannot be extended and you cannot be granted another Prospective Marriage visa in Australia even if you have not yet married your sponsor but still intend to do so.

What this visa lets you do

This visa allows you to:

  • enter Australia before you marry your prospective spouse
  • travel in and out of Australia as often as you want
  • work in Australia, although some employers might not hire people with temporary visas
  • study in Australia, but with no access to government funding for tertiary study

source: Department of Immigration and Border Protection

You and your family must comply with all visa conditions and Australian laws.

Enter Australia

You must enter Australia on this visa at least once before you marry your prospective spouse.

We will tell you the date by which you must enter Australia. If you do not enter Australia by this date your visa may be cancelled. Contact us if you cannot enter by this date. Your visa might also have a condition that you do not enter Australia before another person. We will tell you if your visa has this condition.

Any family members who come with you to Australia might have conditions on their visas, including:

  • they cannot enter Australia before you
  • they cannot marry or be in a de facto relationship before they enter Australia.

We will tell you if this is the case.

Marry your prospective spouse

You must marry your prospective spouse before your visa ends. The marriage can take place in or outside Australia.

Lodge a Partner visa application

You need to lodge an application for a Partner visa (subclasses 820 and 801) after your marriage and before your Prospective Marriage visa (subclass 300) ends.

New Zealand citizens

If you have a New Zealand passport and arrive in Australia, you will automatically be issued with a Special Category visa (subclass 444).

This will override your Prospective Marriage visa. You can avoid this by telling the immigration officer at the border that you have a Prospective Marriage visa.

Report changes in circumstances

You must tell us if your circumstances change.  This includes a new residential address, a new passport, or a pregnancy, birth, divorce, separation, marriage, de facto relationship or death in your family.

Please report changes in your circumstances via ImmiAccount.  If you are not able to use ImmiAccount, you can use the following forms:

If you do not provide us with the details of any new passport issued to you, you could experience significant delays at the airport and may be denied permission to board your plane.

If you applied online, you might be able to update your address and passport details using ImmiAccount.

You must also tell us if your relationship with your prospective spouse ends.

 

source: Department of Immigration and Border Protection

Who can sponsor

To sponsor someone for this visa, you must be:

  • an Australian citizen, permanent resident or eligible New Zealand citizen
  • at least 18 years of age.

Australian permanent residents or eligible New Zealand citizens are expected to be living in Australia. Eligible New Zealand citizens might need to have a health examination or character check. We will tell you if you need these checks.

If you have been granted a Woman at Risk visa (subclass 204) in the last five years, you cannot sponsor:

  • someone who was your partner when you were granted a Woman at Risk visa
  • a previous partner that you did not tell us about when you were granted your Woman at Risk visa.

Limitations on sponsorship

You cannot be a sponsor if you:

  • were sponsored for a Partner or Prospective Spouse visa within the past five years
  • have previously sponsored two people for migration to Australia and they were granted a Partner or Prospective Marriage visa
  • have sponsored another person for migration to Australia within the past five years and they were granted a Partner or Prospective Marriage visa.

Your sponsorship could still be approved if there are compelling circumstances affecting you. These include:

  • your previous partner has died or abandoned the relationship, leaving you with young children
  • you have been in a relationship with your fiancé for more than two years
  • you and your fiancé have dependent children from your relationship.

Contributory parent visa holders

If you were granted a Contributory Parent visa after 30 June 2009, you cannot sponsor your partner for this visa for five years from the date your visa was granted if you were in a relationship with that person before your Contributory Parent visa was granted.

There are some exceptions to this limitation. Contact our nearest Australian office to discuss your situation.

Best interests of the child

Usually, this visa will not be granted if it is not in the best interests of a child younger than 18 years of age. There is more information in measures for the protection of children.

Family violence protection measures

If your partner’s visa application was lodged on or after 18 November 2016, you will be required to:

  • provide police checks to the department when requested and
  • consent to the department disclosing any conviction for a relevant offence to the applicant(s) you are sponsoring.

Your sponsorship will not be approved if you have a conviction for a relevant offence and a substantial criminal history.  A relevant offence includes, but is not limited to offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking and weapons.  More information about family violence protection measures is available.

How to apply to be a sponsor

This information explains what you need to do to apply to sponsor someone for a Prospective Marriage visa (subclass 300).

To apply to be a sponsor, complete:

Your fiancé will submit this form with their visa application.   If you apply online, your fiancé will need to lodge their visa application and get a TRN (Transaction Reference Number) before you can lodge your sponsorship form (Form 40SP).  You will need your fiancé’s TRN in order to complete the sponsorship form.

You will need to provide evidence of your Australian citizenship or permanent resident status or proof that you are an eligible New Zealand citizen.

If you have changed your name since birth, you should provide evidence of the name change.

If there is a dependant under 18 years of age and you have spent a total of 12 months or more in Australia since turning 16 years of age, provide an AFP National Police Check.

If there is a dependant under 18 years of age and you have not spent a total of 12 months or more in Australia since turning 16 years of age, provide original police certificates from each country in which you have spent a total of 12 months or more in the past 10 years since turning 16 years of age.

It will help your fiancé’s application if you provide documents that confirm your relationship.

Sponsor obligations

As a sponsor, you must agree to accept responsibility for:

  • all financial obligations to the Commonwealth incurred by your fiancé arising from their stay in Australia;
  • your fiancé(e)’s compliance with all relevant legislation and awards in relation to any employment they enter into in Australia
  • your fiancé(e)’s compliance with the conditions of their Prospective Marriage visa.

source: Department of Immigration and Border Protection

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