Prospective Marriage Visa

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Prospective Marriage Visa

The Prospective Marriage visa allows you to travel to Australia to marry your prospective spouse and apply for a Partner visa. This visa is suitable for individuals that are in a relationship with a person from overseas, but do not have enough evidence to lodge a Partner visa application.

Other types of Partner Visa includes:

Subclass 309/100 – Offshore Partner Visa

  • Subclass 309 and 100 visa allows offshore spouse or de facto partner of an either Australian citizen, permanent resident or eligible New Zealand citizen to apply for visa from outside Australia.

Subclass 820/801 – Onshore Partner Visa

  • The Partner Visa is a temporary visa that allows the partner or spouse of an Australian citizen, permanent resident or eligible New Zealand citizen to stay back in Australia until a decision is made on their Partner Visa application.

 

Benefits of Prospective Marriage Visa

Full Working Rights

Allows for travel in and out of Australia

Less Evidential Burden than Partner Visa

Stay in Australia during your Validity Period

Pathway to Permanent Residency

Study in Australia at your own Expense

Temporary Visa Eligibility

To be eligible for the visa, you must be: 

  • Aged 18 years or older
  • Intend to marry your intended partner who is an Australian citizen or permanent resident, or an eligible New Zealand citizen within 9 months of visa grant.
  • Must have physically met your partner in person, after turning 18.
  • Meet the health and character criteria.

Permanent Visa Eligibility

To be eligible for a Permanent Partner visa, you must:

  • Hold a Prospective Marriage visa
  • Be in an ongoing relationship still, unless you meet certain special conditions
  • Have complied with Australian laws

How do I prove my relationship
to the department?

There are 4 main aspects of the relationship that the Department of Home Affairs will consider when assessing any partner visa application:

Financial aspect of relationship

Under this section, you can provide facts and evidence of your financial commitment to each other.

Nature of household

In this section, you can provide evidence of any joint responsibility for the care and support of children, your living arrangements and sharing of the responsibility for housework. 

Social aspect of relationship

In this section, you can outline important social aspects of your relationship, including opinion of your family, friends and acquaintances about the nature of your relationship.

Nature of commitment

In this section, you can outline significant events in your lives during which you have relied on each other for support and future plans together.

What partner visa is suitable for me?

Ideally, we recommend that you apply for an Onshore Partner Visa.

However, you may not always be eligible for this. This could be due to many factors, including:

  • You are currently offshore
  • You are unable to secure a travel ban to travel to Australia.
  • You have a Condition 8503 – No Further Stay on your visa application.
  • You are currently in Australia, but is on a bridging visa and cannot satisfy Schedule 3 Requirements
  • Lack of evidence to supplement your Partner Visa. 

 

If the above circumstances apply to you, we recommend that you apply for Subclass 309/100 or a Prospective Marriage Visa.

Partner visa to Permanent Residency

Apply for Prospective Partner Visa

If you are in a relationship with a person from overseas, but do not have enough evidence to lodge a Partner visa application, we recommend that you apply for a Prospective Partner Visa.

Wait for Visa Grant

Once your visa is granted, you are able to travel to Australia.

Marry your Intended Partner within the visa validity period

Once you are in Australia, you are required to marry your prospective partner within the visa validity period.

Apply for a Subclass 820 Partner Visa

Once you are married, to begin your permanent residency journey, you are required to apply for Subclass 820, before your visa expire.

Wait for Visa Grant

Once you have applied for Subclass 820, wait for the Department to respond with any documents that they require to process your application.

Once the Department is satisfied that you have met all the criteria for a Subclass 820 grant, they will grant the Subclass 820 Visa Application.

Alternatively, if you have been in a long-term relationship before you lodge your 820 (temporary) application, the permanent Partner (Migrant) visa (subclass 801) may be granted immediately along with the temporary Partner (Provisional) visa (subclass 820).

Apply for Second Stage Partner Visa

You are eligible to apply for the permanent Partner (Migrant) visa (subclass 801) if you have a temporary Partner (Provisional) visa (subclass 820) granted. After two years from the date of lodgement from Subclass 820, you can lodge your Subclass 801 application.

Something else ?

The Immigration System in Australia can be a confusing process for those who are not familiar with it. Therefore, it is important that you seek professional advice to be fully informed about the process and requirements. We can help you do this. 

    FAQ

    We are happy to answer
    any queries you may have

    I got married before my prospective marriage visa was granted. What can I do now?

    If you marry your partner before your Prospective Marriage visa, you may be able to be considered for a Partner visa without lodging a new application. Please upload your marriage certificate to Immi Account and the Department will contact you with more information.

    If my Sponsor is barred from sponsoring people. Can they overcome this?

    Your sponsor may still be permitted to sponsor you in compelling circumstances

    I have a dependent child. Can I include him in my Subclass 300 visa?

    Children under the age of 18 will be considered dependent, and therefore be included in your partner visa application. Children over 18 may be included if they are dependent on your or is incapacitated and is substantially reliant on you.

    How do I show an intention to marry?

    If you wish to marry in Australia, you must lodge a Notice of Intention to Marry (NOIM) with a marriage celebrant. The NOIM must be lodged no less than 1 month and no more than 18 months before the proposed date of the ceremony and is valid for up to 18 months. As part of your subclass 300 visa application, you should also provide confirmation that you have lodged a NOIM with your marriage celebrant.

    Summary of cost estimates
    for your application

    We have summarised a cost estimate for a Partner Visa application as below. When you apply for a partner/ spouse visa, you are taken to have applied for both the temporary and the permanent partner visas together.

    Therefore, you are not required to pay any additional visa fees when lodging your permanent partner visa application. However, you will need to make a separate application for the permanent partner visa application.

    300 Visa
    Application

    AUD 7850

    The visa application fee of $7,850 for the main applicant, $3,930 for any dependent over 18 and $1,965 for each dependent under 18.

    820 Visa
    Application

    AUD 1310

    Medical Exam & Police Check

    Varies

    Paid directly to the agency that conducts your character checks

    Processing Times

    75% of applications are processed in 23 Months
    90% of applications are processed in 30 months

    0%
    23 months
    0%
    30 months

    Partner visa during COVID times

    Visa Extensions

    On 10 December 2020, Prospective Marriage visa holders or former visa holders who were outside Australia on that day, and who held a Prospective Marriage visa at any time between 6 October 2020 and 10 December 2020 had their visa validity period extended to 31 March 2022.

    Individual visa holders have been notified by the Department.

    Visa Application Refunds

    Refunds are being provided where COVID-19 related travel restrictions have impacted the ability of the visa holder to travel to Australia.

    If your Prospective Marriage visa validity period was extended on 10 December 2020, the payer of the VAC may request a refund if:

    • you have not travelled to Australia after 10 December 2020 as a holder of this visa; and
    • at the time of request for the refund, either:
      • Your visa has ceased to be in effect or was cancelled at your request; or
      • If your visa is currently in effect, you have asked the Minister to cancel your visa.

    Generally, a refund request can only be made by the person shown as the ‘payer’ on the original VAC receipt. Refund requests must be made by 31 December 2022.

    If your Prospective Marriage visa ceased between 20 March 2020 and 5 October 2020 the payer of the VAC may be eligible for a VAC refund if your visa ceased while you were outside Australia.

    Upcoming Changes

    As part of the 2020-21 Federal Budget, the Government announced that it will implement reforms to strengthen the integration outcomes of the Partner program by the end of 2021. These include:

    •  Introducing an English language requirement for permanent resident sponsors and Partner visa applicants; and
    • Apply the family sponsorship framework set out in the Migration Amendment (Family Violence and Other Measures) Act 2018 (the Act) to the Partner visa program.


    ENGLISH REQUIREMENT

    The English language requirement may be met by demonstrating that the person has made a ‘reasonable effort’ to learn English, or demonstrating an existing level of English, for example Functional English.

    THE NEW SPONSORSHIP FRAMEWORK

    The new sponsorship framework will separate the sponsorship and visa application into two separate processes. The sponsorship application will be assessed separately and will need to be approved before a valid Partner visa application can be lodged.

    In addition to the above, The Department can also: •

    • Disclose ‘adverse information’ about the Partner sponsor to the prospective Partner visa applicant.
    • Adverse information could include relevant and registrable offences – such as child sex offences – as defined in the Migration Regulations 1994, other serious offences, or history of domestic and family violence.
     
    HOW WILL THIS IMPACT YOUR APPLICATION?
    If you intend to lodge a Partner visa in Australia prior to your substantive visa expiring in the next couple of months or anticipate that you or your permanent resident sponsor may have difficulties in meeting the functional English language requirement, please contact us to discuss lodging your visa before the new changes come into effect.

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