Australian Marriage Visas Most marriages solemnised in Australia (excepting some performed by foreign consular officials in accordance with marriage laws of that foreign country) are valid under Australian law, as are marriages performed by Australian consular officials or Australian defence force chaplains overseas. Marriages performed overseas and recognised by the laws of that country will also generally be recognised as valid under Australian law, with certain exception

Prospective Marriage Visa (subclass 300)

A Prospective Marriage visa (otherwise known as a fiancé visa) is for people who want to come to Australia to marry their prospective spouse who is an Australian citizen, Australian permanent resident or an eligible New Zealand citizen.

 

Summary of what you need to know:

  • You must make your initial entry to Australia on your Prospective Marriage Visa before you marry your fiancee (even if you intend leave Australia to marry overseas).
  • You must marry your fiancé while your Prospective Marriage Visa is still valid.
  • You must be outside of Australia when you apply for the Prospective Marriage Visa.
  • You must be outside of Australia when a decision is made on your Prospective Marriage Visa application.
  • You must apply for a Spouse Visa in Australia after your marriage and before the expiry of your Prospective Marriage Visa.

If you wish to be married in another country before entering Australia, or if you have been in a de facto relationship with your fiancee for over 12 months (and can provide documentary evidence to support defacto relationship) then you should apply for an Australian Partner Visa (Subclasses 309 and 100) instead of the Subclass 300.

 

Who would a Prospective Marriage Visa (Subclass 300) be suitable for?

A Subclass 300 Visa would suit you if you wish to:

  • Enter Australia before marrying your fiancee
  • Travel into and out of Australia as often as you need to
  • Work or study in Australia (please note you will not have access to government funding for tertiary studies)
  • Apply for Partner Visas (Subclasses 820 and 801) for permanent residency after the marriage.

 

Partner (Provisional And Migrant Visa) (Subclass 309/100)

The Partner (Provisional and Migrant visa) (subclass 309 and 100) allows those individuals to live in Australia who are a spouse or de facto partner of an either Australian citizen, permanent resident or eligible New Zealand citizen.

The provisional 309 visa is a temporary visa while the migrant 100 visa is a permanent. The temporary provisional 309 visa is granted first, which allows the applicant to stay in Australia for two years and apply for the migrant 100 visa within that duration.

 

Eligibility Criteria

  • You must be outside of Australia when lodging an application and when the decision is made
  • You must be spouse or de facto partner of Australian citizen, permanent resident or eligible New Zealand citizen.
  • You must be at least 18 years of age or more when you apply for this visa (applied to both spouse and de facto partner)
  • You must have a sponsor if your partner is less than 18 years of age (your partner’s parent or guardian who are an Australian citizen, permanent resident or eligible New Zealand citizen.)
  • You must meet health and character requirements
  • You must have repaid all the debts to the Australian government (if any) before the visa is granted.

 

For Partner (Migrant) (Subclass 100)

  • You must hold a temporary partner visa (subclass 309)
  • You must be in the continued marriage or de facto relationship unless there are special circumstances
  • You must have abide by with all Australian laws and the conditions on temporary 309 visa

 

Health and Character Requirements

You and all the family members included in the visa application must have:

  • Health check-ups done within 12 months of applying for the visa
  • Police certificate from countries you have lived in for 12 months or more in the past ten years

 

Obligations for Sponsors

Sponsors must provide following things for two years after the applicant enters Australia on temporary migrant 309 visa:

  • Accommodation
  • Financial support including English language courses if require
  • Other support like child care if require

 

Family Members in Visa Application

You can include children or step children in your application

  • Want to ensure an accurate processing for your visa? Give a buzz to our registered migration agent and get started with an assessment today.
  • enter Australia before you marry your fiancé
  • work in Australia
  • study in Australia (however there is no access to government funding)
  • travel in and out of Australia as often as you want

The 300 visa will be valid for 9 months. If you marry your fiancé during this time, you will be eligible to apply for a Partner visa