Is a Prospective Marriage Visa a Permanent Visa?

What kind of visa is the Subclass 300?

The Subclass 300 is a temporary family visa that allows a fiancé to travel to Australia, marry the sponsor and then apply for a partner visa. During the visa period the holder can work, study and travel in and out of Australia. The visa ends at the end of the visa period, whether or not the couple has married, and it cannot be extended. Holding it is a step towards permanent residence, not permanent residence itself. Our page on the Subclass 300 visa explains the visa in full.

How does a prospective marriage visa lead to permanent residence?

A prospective marriage visa leads to permanent residence when the holder marries the sponsor within the visa period and then applies in Australia for the Subclass 820/801 partner visa. The Subclass 820 is a temporary visa, and the Subclass 801 is the permanent visa that follows. Our article on the partner visa two-stage process explains how the temporary and permanent stages work.

When is the permanent Subclass 801 granted?

The permanent Subclass 801 is generally assessed two years after the Subclass 820/801 application was lodged, when the Department checks that the relationship is still genuine and continuing. The applicant provides updated evidence at that point. Some applicants may be granted the Subclass 801 sooner, for example where the relationship is long-term, as the regulations define it. Our article on the permanent partner visa explains the permanent stage, and our guide to second stage documents lists what is usually needed.

What happens if the couple does not marry in time?

If the couple does not marry within the visa period, the Subclass 300 ends and there is no path from it to permanent residence. The holder would need another visa to remain in Australia, and the options depend on the circumstances, including where the holder is, how the relationship stands and what other visas the holder may qualify for. Our article on a partner visa change of circumstances explains what must be reported when plans change.

Does the Subclass 300 holder have the rights of a permanent resident?

A Subclass 300 holder does not have the rights of a permanent resident, so access to Medicare, some government support and domestic fee status is generally not available on the Subclass 300 alone. Some of these may become available after the Subclass 820/801 is lodged or once the Subclass 801 is granted. Our articles on partner visa Medicare and partner visa Centrelink explain when these change.

How does My Migration Lawyers guide fiancé visa holders through to permanent residence?

My Migration Lawyers guides fiancé visa holders through each stage to permanent residence, from the Subclass 300 application to the Subclass 820/801 after the wedding and the evidence needed when the Subclass 801 is assessed. The firm plans each lodgement date in advance so no stage is missed, and prepares the relationship evidence so it builds steadily from one stage to the next rather than being gathered in a rush. Couples can read about the Subclass 820 visa and speak with our partner visa lawyers about the whole pathway.