Prospective Marriage Visa

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Partner Visa – Prospective Marriage (Fiancé(e)) 

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This is a temporary visa granted to a Prospective spouse or Fiancé (e) of 

  • Australian citizen
  • Australian Permanent Residents, or
  • An eligible New Zealand citizen resident in Australia.

The holder must come to Australia and marry their prospective spouses within 9 months of grant of their visa.
The applicant must be outside Australia at the time of lodgment and at the time of grant.

Prospective Marriage Visa - Eligibility

  • An overseas national intending to marry and live as husband and wife with an Australian citizen, permanent resident or eligible New Zealand citizen.
  • Of opposite sex to their Australian resident partner.
  • Must be above the age of 18 years.
  • Must have known and met their prospective spouse in person.
  • Sponsor to provide proof of intent to marry.
  • Applicant must meet the health and character requirements.
  •  Applications are lodged offshore.

Prospective Marriage Visa - Definitions

Sponsor

  • Sponsor of applicant for a prospective marriage visa must be 
    • An Australian citizen, or
    • An Australian Permanent Residents, or 
    • An Eligible New Zealand citizen residing in Australia over the age of 18 years.
  • Sponsor must be settled in Australia, 
    • provide evidence of employment and/or financial status and 
    • give a sponsorship undertaking to provide adequate assistance to the applicants in settling in Australia.
  • Sponsor must not have sponsored 2 or more persons as a fiancé(e) or partner before or sponsored another fiancé(e) or partner in the last 5 years.
    • Exceptions may apply in compelling circumstances such as death of a previous partner or abandonment of relationship leaving young children etc.

Evidence of intent to marry

  • Applicants must provide proof that they intend to marry their prospective spouse within 9 months of the grant of their visa.
    • If the marriage is to be solemnised outside Australia, applicants may provide details of the wedding including the name and contact details of the person who will perform the wedding.
    • If the marriage is to be solemnised in Australia, applicants must complete a ‘Notice of Intention to marry’ (NOIM) form and submit to a marriage celebrant at least one month before the date of marriage.

Prospective Marriage Visa – Rights & Responsibilities

  • Prospective Marriage visa holder can enter Australia before marrying their prospective spouse and can travel in and out of the country during the validity of their visa.
  • Visa holder can work, study or engage in business during the validity of their visa.
  • Visa holder must inform DIBP about any change in their circumstances including any break in relationship with prospective spouse, change of address, passport, pregnancy, birth of a child or death in their family.

Prospective Marriage Visa – Issues regarding Marriage.

About Marriage

  • Holders must marry their prospective spouse within 9 months of grant of the visa (NOT 9 months after entering Australia).
  • Marriage can be solemnised either in Australia or overseas if the holder has entered Australia at least once after grant of their SC 300 visa.
  • Holders can then apply for a spouse visa to continue to travel and/or live in Australia.

If marriage is not solemnized?

  • If the holder of a SC 300 visa does not solemnise their marriage within the stipulated period of 9 months after grant of their visa, then they may not be eligible to live in Australia.
  • If the holder of a SC 300 visa does not travel to Australia before the 9-month period since grant of the visa, then the visa would cease.

If married before grant of a Prospective Marriage visa?

If the applicant and sponsor solemnise their marriage before the grant of a Prospective marriage visa, they can either withdraw their SC 300 Visa application or request for change of their application to a Partner visa application.

Prospective Marriage Visa – Further visa and residency.

  • After marrying the prospective spouse, a SC 300 visa holder can apply for Partner visa (SC 309 or 820) which is a provisional visa.
  • Generally, after about 2 years from the date of lodgment of the provisional visa application, and applicant can expect and invitation to apply for a permanent partner visa (SC 100 or 820).
  • The period of relationship under a SC 300 visa would not be considered towards the 2-year relationship requirement for permanent residency.

Please contact eMA by purchasing a MAP to discuss your specific circumstances, appropriate advice and costs for applying for a prospective marriage visa.

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