The minimum requirements of the Subclass 300 visa are set out below.
You and your fiancé must:
- be at least 18 years old, and not be closely related
- be free to marry one another
- genuinely intend to get married within nine months of the visa grant date (the marriage may take place either in Australia or overseas)
- have physically met, and be personally known to each other
- genuinely intend to live together as a married couple
Your sponsor must:
- be an Australian citizen, permanent resident or eligible New Zealand citizen
- not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)
- not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances)
- 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.
This application is lodged with the Department of Home Affairs (DHA) on behalf of you and your sponsor. The main criterion is that the relationship and your sponsor meet the requirements referred to above. In addition, you must meet the standard health and character checks.
This visa is valid for nine months and allows you to travel to Australia before being married to your fiancé. You must be outside Australia both when your application is lodged, and when your visa is granted. The marriage must occur during the validity period of your visa i.e. within nine months of the visa grant date. It may take place either in Australia or overseas.
Once you have entered Australia and your marriage has taken place, you will be eligible to apply for a Partner visa. This application must be lodged before your Prospective Marriage visa expires. The main requirements for a Partner visa are that:
- you and your spouse are in a mutually exclusive relationship
- your relationship is genuine and continuing
- you live together as a couple, or live apart only on a temporary basis
Provided you are able to meet the relevant criteria, you will be granted a temporary Partner visa, which is valid for a ‘stand-down period’ of approximately two years from the date of the application’s lodgement. At the end of this two-year period, you will be eligible for a permanent Partner visa, provided your relationship continues to meet the requirements referred to above.
If you are considering doing your subclass 300 prospective marriage visa, we recommend booking a consultation first so that we can assess your case and let you know what your best course of action is! This will help you to gain clarity and peace of mind moving forward!