PROSPECTIVE MARRIAGE VISA
(SUBCLASS 300)
The Prospective Marriage (Subclass 300) visa, commonly known as the Fiancé Visa, is a temporary Australian visa that allows you to travel to Australia to marry your partner. It permits a stay of between 9 and 15 months, and you must be outside Australia when you apply.
WHAT IS THE PROSPECTIVE MARRIAGE VISA USED FOR?
The Prospective Marriage visa is designed for couples who intend to marry in Australia but are not yet eligible for a Partner visa. It lets the visa holder enter Australia, marry their sponsoring partner, and then apply for an onshore Partner (Subclass 820/801) visa if the couple decides to settle in Australia together.
WHO IS ELIGIBLE FOR THE FIANCÉ VISA?
To be eligible for the Subclass 300 visa, you must intend to marry a sponsor who is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. Beyond that core requirement, you and your sponsor must also meet the following criteria:
- You and your sponsor must have met in person and be genuinely known to one another.
- Both partners must be at least 18 years of age.
- You must have a genuine intention to live together as spouses once married, supported by evidence of these plans.
- You must intend to marry within 9 months of the visa being granted, and provide evidence of the wedding arrangements you’ve made.
WHAT EVIDENCE DO YOU NEED FOR A SUBCLASS 300 VISA APPLICATION?
The Department of Home Affairs assesses Prospective Marriage visa applications against very specific evidentiary requirements. At a minimum, you’ll typically need:
- A letter from the authorised marriage celebrant who will conduct your ceremony.
- A signed Notice of Intention to Marry.
- Comprehensive evidence of your relationship, including its financial and social dimensions, the nature of your household, and your ongoing commitment to one another.
- Health and character evidence for both you and your sponsor, including police certificates.
Because the Department weighs each of these categories individually, the strength and consistency of your supporting evidence has a significant bearing on the outcome of your application.
WHAT HAPPENS AFTER YOU GET MARRIED?
Once you have married in Australia, you and your spouse can choose to apply for an onshore Partner (Subclass 820/801) visa if you intend to settle in Australia permanently. This is a separate application with its own evidentiary requirements, and it’s worth planning for well before your Prospective Marriage visa expires.
HOW RAMSDEN LAWYERS CAN HELP WITH YOUR FIANCÉ VISA APPLICATION
Our team at Ramsden Lawyers is experienced in family and partner migration, including Prospective Marriage (Subclass 300) visa applications, and can support you and your partner through every stage of the process. With offices in Brisbane, the Gold Coast and Sydney, we can:
- Provide comprehensive advice on your circumstances, the visa requirements, and your eligibility to meet them.
- Assist you in collating and preparing the supporting evidence your application needs.
- Prepare detailed submissions to the Department of Home Affairs addressing each visa requirement and the evidence provided.
- Prepare and lodge both the visa application and the sponsorship application, along with all supporting evidence, on your behalf.
- Advise you on the status of your lodgement, your ongoing obligations, and current processing times.
Contact us today to discuss your circumstances and find out how we can help you and your partner navigate the Prospective Marriage Visa process.
FREQUENTLY ASKED QUESTIONS
How Long Can You Stay in Australia on a Prospective Marriage Visa?
The Prospective Marriage (Subclass 300) visa allows a stay of between 9 and 15 months, during which you must marry your sponsoring partner.
Can You Apply for the Prospective Marriage Visa from Inside Australia?
No. You must be outside Australia at the time you lodge your Prospective Marriage visa application.
Do You Have to Marry Within a Set Timeframe?
Yes. You must intend to marry your partner within 9 months of the visa being granted, and you need to provide evidence of your wedding arrangements to support this.
What Visa Can You Apply for After Marrying on a Prospective Marriage Visa?
After marrying, you and your spouse can apply for an onshore Partner (Subclass 820/801) visa if you plan to settle in Australia permanently.
Who Can Sponsor a Prospective Marriage Visa Application?
Your sponsor must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen, and you must both be at least 18 years old.
