What can you do with the Prospective Marriage visa?
There are many advantages with the visa that include:
- stay in Australia for between 9 and 15 months from date of grant of visa
- being able to work and study in Australia (at your own expense)
- travel to and from Australia as many times as you want.
If the Department of Home Affairs (DoHA) grants this visa and you and your spouse wish to live and settle down in Australia, you can apply for a Partner visa (Subclass 820 and 801).
You can only apply for this visa after you are married and before your Prospective Marriage visa ends.
How long you can stay in Australia for?
The Prospective Marriage visa is a temporary visa. You can stay in Australia for the period specified on the visa grant letter which is between 9 and 15 months from the visa grant date.
What family can be included on the visa?
When applying for this visa, you can include members of the family unit in your application and add family members to your application after you apply but before the Department of Home Affairs decides on your visa.
Family members who apply for the visa must meet the Department of Home Affairs strict character and health requirements.
Where can you apply from?
You must be outside Australia when you apply for this visa.
Your visa obligations
It is important to remember that your obligations include that you and your family members must meet all visa conditions and obey Australian laws at all times.
There are three key conditions you must adhere to regarding your marriage. They are:
- You must enter Australia on the Prospective Marriage visa before the date specified on your grant letter;
- You must have married your prospective spouse before your Prospective Marriage visa expires; and
- You can get married in Australia or any other country. Your marriage must be valid under Australian law.
Where can you travel?
You can travel outside Australia and return as many times as you want while the Prospective Marriage visa is valid.
New Zealand passport holders
New Zealand passport holders should tell the immigration officer at the border that they have a Prospective Marriage visa. If you do not tell them, you might be granted a Special Category visa (subclass 444). Grant of a subclass 444 visa will cease your Prospective Marriage visa.
Visa labels are no longer in use. The Department of Home Affairs will digitally link your visa to your passport.
You won’t get a label in your passport.
What are the eligibility requirements?
You and anyone who applies for the visa with you must be sponsored by your prospective spouse. The Department of Home Affairs must approve the sponsorship.
You must be 18 years old or older when you apply for the Prospective Marriage visa.
You and any family members who apply for the visa with you must meet the Department of Home Affairs health requirement.
Family members who are not coming to Australia might also have to meet the same health requirements too.
You and any family members (including those who don’t apply for the visa with you) must meet the Department of Home Affairs character requirement.
Debt to the Australian government
If you or any family members (including those who don’t apply for the visa with you) owe the Australian government money, you or they must have paid it back or arranged to pay it back.
Have you had a visa cancelled or an application refused?
If you have had a visa cancelled or application refused whilst you were in Australia, you might not be eligible for the Prospective Marriage visa.
Best interests of the child
The Department of Home Affairs might not grant this visa if it is not in the best interests of an applicant under 18.
Do you want to apply for the Prospective Marriage visa (subclass 300)?
If you have read the above information and would like to apply, please contact our team of registered migration agents and immigration lawyers today.
We can provide you with assistance to go through the visa application process.