Fiancé Visa (Prospective Spouse subclass 300)

The Prospective Marriage visa (subclass 300) is a temporary visa that allows the fiancé(e) of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to enter Australia for the purpose of getting married. Here are the key points about the subclass 300 visa:

Purpose

The subclass 300 visa is designed for individuals who are engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen and wish to come to Australia to marry their fiancé(e).

Eligibility Criteria

• The applicant must be outside Australia at the time of application and when the visa is granted.
• The applicant and the sponsor must be of marriageable age according to Australian law (usually 18 years or older).
• The couple must genuinely intend to marry each other within nine months of the visa being granted.
• The relationship must be genuine and ongoing, evidenced by evidence of the nature of the relationship and the intention to marry.

Health and Character Requirements

Both the applicant and the sponsor must meet health and character requirements. This typically involves undergoing medical examinations and providing police clearance certificates.

No-Marriage Criteria

If either party has previously been married or in a de facto relationship, they must provide evidence of the termination of that relationship (e.g., divorce certificate, death certificate).

Duration and Conditions

The subclass 300 visa is a temporary visa valid for nine months from the date of grant. During this period, the visa holder must enter Australia, marry their fiancé(e), and apply for a partner visa if they wish to remain in Australia permanently.

Marriage and Partner Visa

Once the couple is married in Australia, the subclass 300 visa holder can apply for a Partner visa (subclass 820/801 or subclass 309/100) to transition to permanent residency, allowing them to live and work in Australia indefinitely.

Application Process

The application process for the subclass 300 visa involves submitting a complete application form, providing supporting documentation, undergoing health and character assessments, and paying the relevant visa application charge. The application is lodged outside Australia.

Overall, the subclass 300 Prospective Marriage visa provides a pathway for fiancé(e)s of Australian citizens, permanent residents, or eligible New Zealand citizens to enter Australia for the purpose of getting married and subsequently apply for permanent residency.