CES Global

300 – Prospective Marriage visa

Partner Visa

300 – Prospective Marriage visa

The Prospective Marriage visa is a temporary visa that permits entry to Australia with the condition that the visa holder must marry their fiancé, fiancée or de facto partner and then apply for a residence visa onshore.

To be eligible, you must be able to demonstrate that you plan to get married in Australia or abroad during the validity of the visa, and meet the specified eligibility criteria set by the Department of Home Affairs.

Outlined below is general information about the requirements for a successful Prospective Marriage visa application.

Life partners decorating household property after moving in

Introduction

  • This visa has a validity period of 9 months and you must enter Australia within this period, marry your sponsor and apply for a partner visa before it expires.
  • To be eligible for this visa, you must be engaged and plan to marry your sponsor either in Australia or overseas during the validity of the visa.
  • If you hold a Prospective Marriage visa, you can work or study in Australia, but you won't be eligible for government funding for study fees.
  • You will have access to Australia's healthcare scheme while in Australia, but only after you have applied for a partner visa.
  • After marrying your sponsor, you may apply for a Partner visa to remain in Australia.
  • You are permitted to enter and leave Australia as many times as you like within the 9-month period.
  • Note that holding a Prospective Marriage visa does not automatically grant you permanent residency in Australia. You will need to apply for a permanent visa separately if you wish to reside in Australia permanently.

VISA APPLICANTS

The requirements for this visa are:

Sponsor eligibility

Usually your sponsor will be your partner. A sponsor must be an Australian citizen, permanent resident or an eligible New Zealand citizen.

To be considered eligible to sponsor your fiancé, you must:

  • be an Australian citizen, permanent resident or an eligible New Zealand citizen
  • be aged 18 years or older (this applies to most cases, but not all)
  • have met your fiancé in person and you must have met as adults
  • be free and willing to marry your fiancé

Your parent or guardian must be your fiancés sponsor if all of the following applies:

  • you are 16 or 17 years of age
  • you are in Australia
  • you would like to sponsor your fiancé who is 18 years or over

In this case, the sponsoring parent or guardian must meet the sponsor eligibility requirements.

Applicant eligibility

You are required to be in a genuine relationship with your prospective spouse. The purpose of this visa is to allow you to enter Australia so that you can marry your fiancé and live together as husband and wife.

Married applicant requirements

It is required under Australian Law that your marriage is legal. A marriage in a country other than Australia will generally be accepted as legal if the marriage is valid in that country.

De facto applicant requirements

To be eligible for a de facto visa, you must be at least 18 years old at the time the application is submitted.

The relation between your partner and you must not be family orientated. This means that you must not:

  • be a relative of one another i.e. descendant or ancestor
  • have the same parents

Age requirements

In Australia, the legal age to get married is 18 years. If you are over 16 years old but still under 18, you will be required to obtain a court order to marry your intended spouse, unless you will both be 18 years or older at the time of the marriage.

If your fiancé in Australia is under 18 years of age, you will still be able to get married, however your fiancé must obtain a court order. If this is the case, you will need to be sponsored by your fiancés parent(s) or guardian(s) (they will need to be eligible to sponsor you).

Under age, polygamous and same-sex marriages are not accepted in Australia, however same-sex couples will be considered as a de facto relationship for the purposes of this visa.

VISA HOLDERS

Once you sign the sponsorship undertaking for your fiancé or fiancée, you assume the responsibility for any financial obligations they incur with the Australian government if their visa is granted. Additionally, you must provide financial support if they require English tuition or childcare, as well as provide relevant information about employment opportunities to assist them in settling in Australia. It is important to notify the Department of Home Affairs immediately if your relationship ends or if you withdraw your support before the application is finalised.