We’ve already discussed the subclass 820/801 and the subclass 309/100 visas previously. Today we’re finishing off the Australian Partner Visa subclasses by talking about the sometimes forgotten visa – the Prospective Marriage Visa subclass 300.
What is a Prospective Marriage Visa subclass 300?
The Prospective Marriage Visa allows an applicant to come to Australia (after the visa is granted) to marry their prospective spouse. You must then apply for an onshore Partner Visa (subclass 820) once you are inside Australia. Your prospective spouse (the person who’s sponsoring you for this visa) must be an Australian Citizen, Australian Permanent Resident or Eligible New Zealand Citizen.
You might have heard about a ‘fiance visa’ or ‘engagement visa’ – this all just refers to the Prospective Marriage Visa subclass 300.
This visa is a three step process, whereas the subclass 820/801 and subclass 309/100 is usually a two step process. It’s also a little more costly in the long run than the 820/801 and 309/100, but it’s a really great option for some couples – and I’ll explain why soon!
Eligibility for the subclass 300 Prospective Marriage Visa
- You must be 18 years of age or older;
- You must intend to marry your prospective spouse within the validity of your visa;
- Your sponsor must be 18 years of age or older;
- You must have met your prospective spouse in person after you each turned 18 years of age;
- You must intend to live together as spouses;
- You must be outside Australia;
- You must meet health and character requirements
What’s the benefit of lodging a Prospective Marriage Visa subclass 300?
I love this question because there are some real benefits – even if some experts in the field may not agree.
The evidentiary threshold for a Prospective Marriage Visa subclass 300 is lower than that of a 820/801 or 309/100. What I mean by this is that there’s no requirement to demonstrate you have been in a de facto relationship for 12 months before it’s lodged or that you’re married.
In my experience, this visa is a great option for those couples who may have only met each other in person a couple of times, haven’t been able to establish a household or merge finances, but still want to spend their lives together. For them, I normally always recommend the Prospective Marriage Visa.
I’ve seen cases before (surprisingly a lot) where couples had lodged a 309/100 Partner Visa and had only met once or twice, spent very little time together, couldn’t establish a household and were issued RFI after RFI. If only they had lodged a subclass 300 visa instead!
Processing times
As you’ve probably heard me say before, processing times vary greatly and are dependent on a number of factors. Published processing times for a Prospective Marriage Visa subclass 300 are currently between 13-25 months.
There are a number of factors which help speed up the processing of your application such as:
- Ensuring all relevant documents are provided at time of lodgement;
- Ensuring all forms are completed in full;
- Responding to any requests from Immigration as soon as possible
In practice, I’m seeing well put together subclass 300 visa applications within a 9-18 month period.
How to demonstrate that you intend on marrying your prospective spouse
This is generally done through completing a Notice of Intention to Marry (or NOIM). Both you and your prospective spouse will complete this form with a marriage celebrant.
Once done, your marriage celebrant will provide a letter confirming your intended marriage date.
But in addition to the Notice of Intention to Marry, you must still demonstrate that your relationship is genuine and continuing. If only it was that easy to provide one piece of evidence for a visa…
What happens if you marry your prospective spouse before the subclass 300 visa is finalised?
Let’s be real – sometimes love can’t wait. So if you’ve lodged a Prospective Marriage Visa and decided you want to marry your partner before it’s finalised, the good news is that you can.
You’re going to have to convert your application to a subclass 309 Partner Visa instead and if doing this, I would recommend you get some independent advice as you’re now going to be considered against the legal criteria for the 309 visa, not the subclass 300 visa.
What happens after the Prospective Marriage Visa subclass 300 is granted?
You’ll need to read your visa grant letter really carefully here to see how long Immigration has allowed you to stay in Australia on the subclass 300 visa. Usually it’s a period of between 9-15 months.
Let’s say it’s been granted for 9 months, you will need to enter Australia on the Prospective Marriage Visa subclass 300 to activate it, marry, and lodge a subclass 820/801 visa before your subclass 300 visa expiry date.
Do I have to marry in Australia once my Prospective Marriage Visa subclass 300 is granted?
There’s a big misconception that you need to also marry inside Australia on the subclass 300 visa, but this isn’t true.
You need to make an entry into Australia on the Prospective Marriage Visa subclass 300, but then you can travel to Bali for example, get married there, and then come back to lodge the 820 visa. But it all must be done during the validity period of your visa.
Health requirements associated with a Prospective Marriage Visa subclass 300
As with all the other Partner Visa streams, the applicant must meet certain health requirements. This includes undergoing a health examination.
You can only lodge a subclass 300 visa if you’re outside Australia which means finding a panel physical in your country and booking the appointment with them.
Character requirements associated with a subclass 300 visa
Both the applicant and sponsor must meet the Department’s character requirements. You are both required to provide police clearances for any country you have lived in for 12 months or more over the last 10 years.
Have a read of my blog about character requirements for more information around police checks and character requirements.
Cost of applying for the Prospective Marriage Visa subclass 300
The visa application charge for a subclass 300 visa is $11,710
Don’t forget though, that once the visa is granted and you come to Australia, you then lodge a subclass 820/801 visa. The fee at this stage (for Prospective Marriage Visa holders only) is $1,955.
Other costs associated with a Prospective Marriage Visa subclass 300
In addition to paying the visa application charge, you may also incur other charges for lodging a Prospective Marriage Visa. You should be prepared for the following costs:
- Police clearance;
- Health examination;
- Translating documents which are not in English
If you want to have a chat with me, reach out to us.
IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.
