What Is a Prospective Marriage Visa (Subclass 300)?
Key points
- The Subclass 300 is a temporary visa granted for nine months from the date of grant.
- The applicant must be outside Australia when the application is lodged and when the visa is granted.
- The couple must marry within the visa period.
- After the marriage, the Subclass 300 holder applies in Australia for the Subclass 820 and 801 partner visas.
Who is the Prospective Marriage visa for?
The Prospective Marriage visa is for a person outside Australia who is engaged to an Australian citizen, Australian permanent resident or eligible New Zealand citizen and intends to marry them in Australia. Both partners must be at least 18, must have met in person and must genuinely intend to marry and live together as spouses. The visa is not designed for couples who are already married or already in a de facto relationship, who would normally apply for a partner visa instead. Our Subclass 300 visa page explains who qualifies.
How long does a Prospective Marriage visa last?
A Prospective Marriage visa lasts for nine months from the date it is granted, and the couple must marry within that period. The visa cannot be extended, so the wedding date, the notice to the celebrant and the later partner visa application all need to be planned around that fixed end date. Arriving in Australia late in the visa period shortens the time available, which is why the travel date should be set as soon as the visa is granted.
What can a Prospective Marriage visa holder do in Australia?
A Prospective Marriage visa holder can enter Australia, marry the sponsor and then apply for a partner visa while in Australia. The visa generally also allows the holder to work and study in Australia and to travel in and out of Australia while it is in effect. The conditions on each grant should be read carefully, and our article on partner visa conditions explains how visa conditions affect partner visa holders.
How does the Subclass 300 lead to permanent residence?
The Subclass 300 leads to permanent residence through the partner visa that follows the wedding. After the marriage, the holder applies in Australia for the temporary Subclass 820 and the permanent Subclass 801, and the permanent stage is generally assessed two years after that application was lodged. Our article on the partner visa two-stage process explains each step, and our complete guide to partner visas sets out how the Subclass 300 fits within the wider system.
Why are Prospective Marriage visas refused?
Prospective Marriage visas are most often refused because the Department is not satisfied that the couple have met in person, that the relationship is genuine, or that they genuinely intend to marry within the visa period. Character concerns, sponsorship limits and inconsistent information across earlier visa applications are other common reasons. A refusal can generally be reviewed by the Administrative Review Tribunal within a strict time limit, and our page on partner visa refusals explains the options.
How does My Migration Lawyers help with a Prospective Marriage visa?
My Migration Lawyers helps with a Prospective Marriage visa by confirming at the outset that the Subclass 300 is the right choice for the couple, rather than a partner visa or an offshore spouse visa. The firm then prepares the application and the evidence of meeting and engagement, and plans the wedding timing so the partner visa can be lodged without pressure. Engaged couples can speak with our partner visa lawyers or compare pathways in our guide to which partner visa pathway fits.
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