What Are the Requirements for a Prospective Marriage Visa?

What are the relationship requirements for a Prospective Marriage visa?

The relationship requirements for a Prospective Marriage visa are that the applicant and sponsor have met in person, know each other personally and genuinely intend to marry each other and live together as spouses. The intended marriage must be valid under Australian law, so neither person can still be married to someone else when the wedding takes place, and the relationship cannot be one that the Marriage Act 1961 prohibits. Our article on applying while still married to someone else explains why an earlier marriage must be resolved first.

Who can sponsor a Prospective Marriage visa?

A Prospective Marriage visa sponsor must be the person the applicant intends to marry, and must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Regulation 1.20J limits how many partners a person can sponsor and how soon after an earlier sponsorship, and the sponsor may need to provide police checks where children under 18 are included. Our page on partner visa sponsorship limitations explains when a sponsor cannot sponsor.

Do both partners need to be at least 18 for a Prospective Marriage visa?

Both partners must be at least 18 for a Prospective Marriage visa, because the visa exists so that two adults can marry in Australia. The Department checks birth certificates and passports closely to confirm each person's age and identity, and any difference in names or dates across documents should be explained in the application rather than left for the case officer to find. Where a birth was registered late or a country issues documents with inconsistent spellings, a short written explanation supported by other identity records usually prevents a request for further information later.

Where must the applicant be for a Prospective Marriage visa?

The applicant for a Prospective Marriage visa must be outside Australia when the application is lodged and when the visa is granted. The application is lodged online, often with the sponsor's help, and a person who is already in Australia cannot be granted the Subclass 300 while here. Couples where the fiancé is already in Australia should get advice on whether another pathway fits, as explained in our guide to choosing the right partner visa pathway.

What health and character requirements apply to a Prospective Marriage visa?

Prospective Marriage visa applicants must meet the health requirement, usually through health examinations, and the character requirement, usually shown through police certificates from the countries where they have lived. They must also meet PIC 4020, which concerns false or misleading information and bogus documents, and sign the Australian Values Statement. Our articles on partner visa health requirements and partner visa character requirements explain each test, and the same principles apply to the Subclass 300.

How does My Migration Lawyers check the Prospective Marriage visa requirements?

My Migration Lawyers tests each Prospective Marriage visa requirement against the couple's actual documents before lodgement, including proof of meeting in person, the status of any earlier marriage, the sponsor's previous sponsorships and the applicant's visa history. Where a requirement is in doubt, the firm says so plainly and explains what evidence or change in timing would resolve it. Couples can read more on our Subclass 300 visa page or speak with our partner visa lawyers.