Migrating to Australia when you are married to, or in a de facto relationship with an Australian citizen, Australian permanent resident or an eligible New Zealand citizen on the Prospective Marriage visa (subclass 300) or Partner visa (subclasses 309 and 100) you will be able to stay in Australia permanently.
Marriage – the Prospective Marriage visa (subclass 300)
If you and your partner intend to get married the Prospective Marriage visa (subclass 300) will allow you to travel to Australia to get married.
The Prospective Marriage visa (subclass 300) is a temporary visa which allows you to stay in Australia for 9 months. Once you are married you must submit an on-shore (within Australia) 820/801 visa application.
You have full work rights while on the temporary Prospective Marriage visa (subclass 300).
Coulter Roache Migration Lawyers can assist you with your application for a Prospective Marriage visa (subclass 300) but there is important documentation that you and your partner will have to obtain:
- A single status certificate for you from your country and for your partner from Australia;
- Documents which form evidence that your relationship is genuine; and
- You will need to obtain an Notice of Intended Marriage (these are issued from each state or territory’s Births Deaths and Marriages registry);
If you and your partner do not intend to get married you will apply for a Partner visa (subclasses 309 and 100), a provisional visa which gives you full work rights, multiple re-entry to Australia and access to Medicare. Two years from the date of visa lodgement you must submit a second application to finalise the processing of permanent residency.
Coulter Roache Migration Lawyers are experienced in assisting couples with their Partner visa (subclasses 309 and 100) applications. There is a range of evidence that will support and strengthen your application for a Partner visa including, but not limited to:
- Evidence of your relationship for at least 12 months prior to lodging your application;
- Financial aspects of the relationship;
- Nature of your living arrangements; and
- The nature of your commitment.
Eligibility for Prospective Marriage visa (subclass 300)
You must be able to prove that you and your partner:
- 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 partner will be your sponsor and they must:
- be an Australian citizen, permanent resident or eligible New Zealand citizen
- not have been sponsored as a spouse, partner or prospective marriage visa in the last 5 years
- not have previously sponsored more than one more fiancé or spouse/partner in the last 5 years
- be able to provide police checks to the department
- if you have a prior conviction, your sponsorship may not be approved. However this will depend if you have a relevant offence and substantial criminal history
When you are granted a Prospective Marriage visa (subclass 300), you should make arrangements to marry your partner as soon as possible before your subclass 300 visa expires. After you marry, you can apply for a Partner (subclasses 820 and 801) visa.
Application process – Prospective Marriage visa (subclass 300)
Temporary Prospective marriage visa (subclass 300)
Coulter Roache Migration Lawyers will assist you to complete and lodge your application on behalf of you and your sponsor with the Department of Home Affairs (DOHA).
You must be outside of Australia at the time of visa lodgment and also outside of Australia when your visa is granted.
We want to make it very clear that these applications take a number of weeks to collate. We rely on you providing information that is accurate and relevant.
The time that it takes the DOHA to process your application is dependent upon its processing time service standards, and may also vary due to a number of other factors, including the complexity of your case, perceived risk factors and processing priorities. Please contact us for current information regarding likely processing timeframes for this type of application.
From AUD $7,715
Processing times are not currently available
Next steps: Partner visa
Once you have entered Australia and your marriage has taken place, you will be eligible to apply for a Partner visa (subclasses 820 and 801). This application must be lodged before your Prospective Marriage visa expires.
How can Coulter Roache migration help you?
Contact Coulter Roache Migration Lawyer, Traci Chen, for a no cost 15 minute consultation to discuss your suitability for this visa. To arrange a consultation, click on the Contact Form button below.