Who Can Sponsor a Prospective Marriage Visa?

Who is eligible to sponsor a Prospective Marriage visa?

A person eligible to sponsor a Prospective Marriage visa is an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is at least 18, has met the applicant in person and genuinely intends to marry them. The sponsor is the person the applicant will marry, not a parent or other relative. The sponsor also gives undertakings to the Department about supporting the applicant after arrival, so the sponsor should understand those obligations before signing. A sponsor who lives overseas, or whose own status in Australia is changing, should get advice early, because the sponsor's position is assessed as part of the application. Our page on the Subclass 300 visa explains how the sponsor fits into the application.

Can a permanent resident or New Zealand citizen sponsor a fiancé?

A permanent resident can sponsor a fiancé for a Prospective Marriage visa, and so can a New Zealand citizen who is an eligible New Zealand citizen as defined in regulation 1.03. Not every New Zealand citizen living in Australia meets that definition, so a New Zealand sponsor should confirm their status before the couple plan the wedding. Our article on partner visa eligibility explains the sponsor requirements.

How do the sponsorship limits apply to a Prospective Marriage visa?

The sponsorship limits apply to a Prospective Marriage visa in the same way as to other partner sponsorships. Under regulation 1.20J, a sponsor generally cannot sponsor if they have already sponsored two partners, or if they sponsored a partner within the previous 5 years. Our article on when a sponsor cannot sponsor explains how these limits are counted, and our page on sponsorship limitations explains the waiver.

Can a sponsor who came to Australia on a partner visa sponsor a fiancé?

A sponsor who came to Australia on a partner visa generally cannot sponsor a fiancé within 5 years of lodging their own partner visa application. The limit can be waived where there are compelling circumstances affecting the sponsor, but a waiver depends on the facts and must be supported by evidence. Sponsors in this position should read our article on compelling reasons in partner visas before the couple commit to a wedding date.

What extra checks apply to a sponsor when children are included?

Extra checks apply to a sponsor when a child under 18 is included in the application, because the sponsor may need to provide police checks so the Department can assess any risk to the child. The Department may refuse the sponsorship where the sponsor has relevant convictions or charges. Our article on the AFP police check for partner visas explains how Australian police checks are obtained.

How does My Migration Lawyers help a Prospective Marriage visa sponsor?

My Migration Lawyers helps a Prospective Marriage visa sponsor by confirming eligibility before anything is lodged, including the sponsor's citizenship or residence evidence, any earlier sponsorships and the sponsor's own visa history. Where a limit applies, the firm advises whether the facts support a waiver and prepares the submission. Sponsors can speak with our partner visa lawyers about their position.