Congratulations are in order to you if you have met the person with whom you wish to spend the rest of your life!
Engagements and weddings are some of the most exciting times in a person’s life and this shouldn’t be dampened if your fiancé is from a different country.
If you are engaged to an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, then you might be eligible to apply for a Prospective Marriage Visa (subclass 300). This is a temporary visa for people wishing to come to Australia to tie the knot and start their future together as a married couple. If you have a child from a previous relationship, you can include him/her in your application as secondary visa applicant. If you are granted the visa, your child will have the same rights and visa conditions as you.
Please note that this visa is only available for couples of opposite sexes. If you are in a same sex relationship then please refer to a Partner Visa.
What this visa allows you to do once granted:
- Enter Australia before you marry your fiancé.
- Stay in Australia for up to 9 months.
- Work.
- Study at your own expense.
- Travel in and out of Australia as many times as you want.
Of course, with every visa there is an application process where essential requirements need to be met and this application process is quite a lengthy one. According to the Department of Immigration and Border Protection’s website, the processing time is currently 13 to 17 months.
To start off, this visa does require that you are outside of Australia when you lodge your application and when the visa is decided. Another main requirement is that your fiancé acts as your sponsor.
To become a sponsor, your fiancé needs to meet certain eligibility requirements like:
- Your sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen.
- Your sponsor must be at least 18 years old.
- Your sponsor must meet certain character requirements. To that end, your sponsor will need to supply police certificates.
There are some limitations to the sponsor’s eligibility. For example:
- If your sponsor has been granted a Partner Visa or a Prospective Marriage visa in the last 5 years.
- If your fiancé has sponsored two previous partners.
- If your sponsor has been granted a contributory parent visa in the last 5 years.
- If your sponsor was granted a Woman at Risk visa in the last 5 years.
- If your sponsor has been convicted of a relevant offence and have a significant criminal record.
If you are concerned about your sponsor’s eligibility, we recommend that you contact our office for advice regarding your specific situation. Contact us today for help via our direct number +61 07 3229 4025 or email mail@themigrationplace.com
Feeling confident that your fiancé is eligible to sponsor you? Here comes the next set of requirements.
Do you meet the requirements as a couple?
To be granted your sponsor and you must be able to show you meet some of the essential requirements which are:
- You and your partner have met in person before lodging your application.
- You both are over 18 years of age and are not related.
- You and your sponsor are not married to each other or to third persons.
- Must be the opposite sex (as mentioned before same sex couples are allowed to apply for a Partner visa).
- Must show serious intention to marry within the 9 months the visa is valid for. You also need to intend to live as spouses after you are married.
What happens when my Prospective Marriage visa is set to expire?
This is a temporary visa and only valid for 9 months from the date it is granted and with no option to extend.
Within this 9-month period, you should marry your fiancé and then apply for a Partner visa (subclass 820 and 801) before your Prospective Marriage visa expires.
How we can help with your Prospective Marriage visa application
We highly recommend receiving a consultation to offer the best, most cost-effective visa pathway for you and your partner as a lot of issues can arise during this visa process.
It is often that we see applications prepared without seeking professional help can often get delayed or reused. As mentioned before, the current processing times for this visa is between 13-17 months, so as you can imagine a delay would be discouraging and expensive.
Our highly educated lawyers whom are also experienced registered migration agents can support you in case there are any bumps in the road during your process.
Just to name a few ways we can assist you with your Prospective Marriage application process we can:
- Ensure that your sponsor meets the eligibility criteria.
- Ensure that your relationship meets the requirements.
- Provide help with your Notice of Intention to Marry (NOIM).
- Ensure that you provide satisfactory evidence of your relationship and intention to marriage to the Department.
- Ensure that your statutory declarations are up to the standards of the Department.
Still have questions or concerns? We are here to help!
Contact us today for help via our direct number +61 07 3229 4025 or email mail@themigrationplace.com
Please note that this article does not constitute legal advice and The Migration Place makes no representations or warranties as to the accuracy of any of the information contained herein. The Migration Place provides this article for information purposes only and it is not intended to replace legal advice. The information (or the lack of information) contained in past, current or future articles by The Migration Place should not be relied on as legal advice or immigration assistance. Visitors to the website of The Migration Place seeking legal advice or immigration assistance are encouraged to contact our office and consult with a lawyer or registered migration agent. The Migration Place expressly disclaims any liability or loss, arising at law, in equity or otherwise, for any information published or not published on its website. If you have a legal query or concern, then please contact our office to consult with a lawyer or registered migration agent – there is no substitute for considered legal advice based on your individual and unique circumstances.