The Prospective Marriage visa 300 or Prospective Marriage Class TO Subclass 300 visa: Steps to gain Australia permanent residency
If you are an Australian citizen or permanent resident or an eligible NZ citizen and intend to marry your overseas partner (can be same sex) in Australia, you can sponsor him or her for a Prospective Marriage visa (300).
You may include your children in a combined application. Your sponsor must not have been charged or convicted of a registrable offence (click here to learn more about reg. 1.20KB sponsorship limitation).
You and your partner must be at least 18 and you must not be prevented from sponsoring, for example, you came to Australia on a Woman At Risk Subclass 204 visa (click here to learn more) in the last 5 years and you now wish to sponsor your partner whom you have been in a relationship prior to being granted that visa; and you did not declare that relationship to the Department of Immigration (Department of Home Affairs).
You and your partner must have met in person after both of you have turned 18, and to know each other personally, and in person. Meeting in person does not include meeting through the digital media or on any social media platforms like, Skype or WeChat or WhatsApp.
The Department of Immigration can refuse your sponsorship application if:
- in the last 5 years you have sponsored another partner (click here to learn more about reg. 1.20J); or
- you holds a Subclass 143 (click here to learn more) visa or Subclass 864 visa (click here to learn more) you, and your partner have previously been married or in a de facto relationship in the last 5 years and there were no compelling reasons (other than financial) why both of you did not apply at the same time (click here to learn more about reg. 1.20KA; or
- you were charged with registerable offence (click here to learn more about reg. 1.20KB); or
- you were charged with a relevant offence against a law in any country involving violence, harassment, molestation, intimidation or stalking, breach of AVO, firearms or other dangerous weapons, people smuggling, human trafficking, slavery (including forced marriage), kidnapping or unlawful confinement or attempting to commit any of these offences or aiding or abetting, counselling or procuring the doing of any of these offences (click here to learn more about reg. 1.20KC or click here learn how to prevent sponsorship application refusal). As a sponsor, you consented to the Department of Immigration to disclose to your partner of any conviction for any of this offence unless the conviction has been nullified or pardoned or quashed – which is taken that you have not been convicted of the offence.
When do we need to get married?
To be eligible for the Prospective Marriage visa, both of you must genuinely intend to get married within 9 months of been granted the visa. You can demonstrate this intention by applying for a Notice Of Intended Marriage or NOIM with the Department of Birth, Death and Marriage. You should also demonstrate that both of you genuinely intend to live together as spouses after having married.
You should also make that both of you are not prevented from marrying each other according to Australian law.
Can my partner include family members?
Your partner may include members of his or her family unit if they are under 23, unless he or she is incapacitated for work.
The Prospective Marriage visa can only be lodged if the applicant is outside of Australia. And must also be outside Australia when the visa is granted.
If you and your partner decided to get married in or outside Australia, your partner must change or apply for a Partner visa (click here to learn more about Partner Subclass 309 visa or Partner 820 visa) as the Prospective Marriage visa cannot be granted to a person who is already married.
If you have suffered from family violence perpetrated by your partner, you may still be able to apply for a permanent Partner visa (click here to learn how; or click here to learn what is domestic violence).
How long does it take for the visa to be granted?
The processing time can take between 12 and 18 months. The Department of Immigration will not issue a bridging visa as the Prospect Marriage visa can only be applied outside of Australia.
If you are in Australia on a Subclass 300 visa and your relationship has broken down due to family violence, you may still be able to apply for permanent residence visa, click here to learn how.
Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) to help you decide if you are eligible sponsor your partner for a Prospective Marriage visa (click here to find out how an immigration lawyer or registered migration agent can help you). You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.
041 222 4020 or WeChat: AUDvisa
This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.