Fiancee Visas
 
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Prospective Marriage visa

Who this visa is for
To be eligible to apply for a Prospective Marriage visa, you must be outside Australia when you apply and when the visa is granted. To be granted a Prospective Marriage visa, you and your intended spouse must have physically met and be personally known to each other. Your intended spouse must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
If you are planning to marry your sponsor before entering Australia or if you have been in a de facto relationship with your sponsor for over 12 months, you should apply for a Spouse visa.

Processing stages
A Prospective Marriage visa is a temporary visa that remains valid for 9 months from the date it is granted. If you are granted a Prospective Marriage visa, you must enter Australia and then marry your sponsor within the validity period of the visa. You can then apply for a Spouse visa in Australia. For further details about the second and third stages of this process, see the information about Spouse visas.

The following table provides information on the stages involved in migration to Australia as a prospective spouse.

  1. Subclass 300 - Prospective Marriage (temporary) You plan to marry your partner after entering Australia.
  2. Subclass 820 - Spouse (temporary) You have travelled to Australia and have married your partner. You now make an application to remain in Australia.
  3. Subclass 801 - Spouse (residence) You are still in the spousal relationship with your partner 2 years after first applying for the subclass 820 visa.

At each stage of the process, your relationship with your sponsor will be assessed.

Prospective Marriage visa requirements
To be eligible for a Prospective Marriage visa, you must:

  • be sponsored by an eligible sponsor (see sponsor requirements below)
  • be 18 years or over (or aged 16 years or over if you have an Australian court order allowing you to marry your intended spouse)
  • be of the opposite sex to your intended spouse
  • have met (as adults) your intended spouse in person and know him or her
  • be both free to marry and both of marriageable age. Your intended marriage must also be able to be recognised under Australian law.
  • genuinely intend to marry your intended spouse
  • genuinely intend to live with your intended spouse as husband and wife
  • meet health and character requirements.

Note: While your Australian fiance(e) can be under 18 years if they have an Australian court order allowing them to marry you, their parent or guardian, who also must be an Australian citizen, permanent resident or eligible New Zealand citizen, must be your sponsor.

Prospective Marriage visa conditions
If you are granted a Prospective Marriage visa, to then be eligible for a Spouse visa you:
must enter Australia and marry your intended spouse within 9 months of visa grant (the date the visa is approved). The marriage can take place either in or outside Australia provided you have entered Australia on your Prospective Marriage visa at least once before the marriage takes place.
Important: If you are granted the Prospective Marriage visa and then marry your partner before having entered Australia on that visa, your visa will be liable for cancellation.
may lodge an application for a Spouse visa in Australia after you marry your intended spouse. You must supply the extract from the marriage register showing your marriage and a copy of the notification of the grant of a Prospective Marriage visa letter from the department. (The 9-month Prospective Marriage visa validity period does not count towards the 2-year requirement in relation to Spouse visa processing).
Note: You must be living with your partner in a spousal relationship at the time you apply for a Spouse visa.
Important: If you move or your circumstances change, you must notify the office handling your application

If your relationship ends

If your relationship with your partner ends after you enter Australia on a Prospective Marriage visa and marry your partner, you may still be eligible to apply for a Spouse visa in Australia.

General requirements for partner migration
There are a number of general requirements that you and your sponsor must meet so that you can be granted a visa for partner migration to Australia. These include health and character requirements. You must have a sponsor, who must also meet certain requirements. An Assurance of Support may also be requested in respect of you. If you have dependent children or other dependent family members, they may make combined applications with your application for partner migration provided that they meet certain requirements. Proceed to Part 2, General Requirements for Partner Migration, for further information.

You can fine all the detaled information about this kind of visa on the web-site:
http://www.immi.gov.au/migration/family/partners/part1_prospective_marriage.htm