Prospective Marriage Visa (Provisional) – Subclass 300

Who is the Prospective Marriage Visa Subclass 300 for?

The Prospective Marriage visa, also referred to as fiancé visa, allows you to enter Australia and marry your intended spouse within the visa’s nine month validity period. Your fiancé must be an Australian citizen or permanent resident and you must be the opposite sex to your prospective spouse.

This is a temporary visa and is the first step in applying for your permanent residence. Your visa application must be lodged offshore and you will need to be outside Australia when your visa is granted.

Being a sponsorship based visa, your fiancé must be willing to sponsor you and also meet a set of eligibility criteria. Your sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen and meet Australian character requirements. Generally your sponsor must be over the age of 18, however there are circumstances where the Department will waiver this condition. In these circumstances, your sponsors parent or guardian may be able to sponsor you if they are an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

 

Am I Eligible for a 300 Visa?

When applying for this visa you must satisfy each of the following eligibility criteria:

  • You are both be of legal age to marry according to Australian law – at least 18 years of age
  • You and your fiancé must meet a set of relationship criteria
    • You are of the opposite sex to your intended spouse, therefore same-sex couples are not eligible for this type of visa.
    • You personally know and have met each other physically since turning 18
    • Not related
    • Are engaged to marry each other
    • Intend and will marry one another within the visa‘s nine month validity period;
    • Intend to live in a genuine spousal relation as husband and wife
    • Not married to anyone else at the time a decision regarding your visa application is made
  • Meet Australian health and character requirements
  • Have no outstanding debts to the Australian Government

 

300 Visa Checklist

 

How Long Does it Take?

Once received, the Department of Immigration will then commence processing your application. While the average global processing time is 75% of applications in 14 months, times may vary as assessment of eligibility occurs on a case-by-case basis and vary on the applicant’s circumstances.

 

It is understandable that there are circumstances that impact the processing time of your visa applications which are out of your control. These include the time for external agencies, namely health and police services, and the Government to conduct checks and provide supporting information.

 

While the above circumstances are unavoidable, there are some factors which will ensure you a faster processing time. These include:

  • Lodging a complete application, attached with all of the necessary supporting documents.
  • Being prompt in responding to any additional information the Department requests.

 

Fees & Costs

The cost of this visa is from $7,000. Please note this is only the flat rate and you may be asked to pay additional costs to cover requirements such as health assessments, police certificates and biometrics.

 

If you wish to add additional family members to your application, an extra fee will be imposed upon your visa application.

 

You will also need to pay a fee for your Partner visa (subclass 820/801 or 309/100). We recommend that you pay this fee prior to the expiration of you Prospective Marriage visa as the amount will be reduced.

 

What Steps Should I Take to apply for a 300 Visa?

Unlike other Migration law firms, Results Migration makes the process of applying for visas simple. Our team of expert lawyers will work with you every step of the way and has devised a step-by-step process to ensure your application is processed as fast as possible.

 

  1. Come in for a free consultation where our team of expert lawyers will assess and advise you on the Australian visa option that best suits your needs.

 

  1. At this stage, we will gather and prepare all of the documentation as well as perform any additional checks that are required to lodge a visa application.

 

  1. We will then begin to prepare and then loge your application in a timely manner.

 

  1. Finally, we will notify you of the outcome. If granted, you receive the rights listed below.

 

Entitlements of the Prospective Marriage Visa

Once you are granted your visa you will receive a range of short-term benefits. These include the ability to

  • Enter Australia before you marry your prospective spouse.
  • Leave and re-enter Australia as many times as you like within the nine month validity period.
  • Work in Australia with unrestricted work rights.
  • Study in Australia, but you will not have access to government funding for tertiary study.
  • Apply for a Partner visa (subclass 820 or 801) upon marrying your fiancé.

 

300 Visa FAQs

Do I have to have my wedding inside of Australia?

As your visa allows you to travel in and out of Australia as many times as you wish while your visa is valid, you are not restricted to have your wedding in Australia.

 

Where must I be when I lodge my application?

You must be outside Australia when you lodge your application and also when your visa is granted.

 

I have had a visa cancelled in the past. Am I eligible for a 864 visa?

There is a chance that the Department will not grant you this visa if you have had a previous cancelled or refused visa while you were in Australia.

 

What are my obligations under a 300 visa?

As a holder of a 300 visa you will be subjected to the various conditions listed on your visa. The primary obligation is that you marry your fiancé and apply for a Partner visa (subclass 820 or 801) before your Prospective Marriage visa expires.

 

Can I include my family members on my application?

Upon lodging your application you may include your dependant children or stepchildren on your application. If granted, your family members will receive the same rights and obligations as you.

 

My sponsor also holds a visa. Can they still sponsor me?

Unfortunately, your fiancé may not be able to sponsor you if they hold, or have held certain visas. Please contact us for more details.

 

 

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April 3rd, 2017|0 Comments

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