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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.
The requirements for this visa are:
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:
Your parent or guardian must be your fiancés sponsor if all of the following applies:
In this case, the sponsoring parent or guardian must meet the sponsor eligibility requirements.
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.
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.
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:
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.
A few important conditions for the applicant of this visa to bear in mind.
You must not marry before entering Australia. If you decide to get married offshore, you will need to fly to Australia first to activate the visa. If you do not activate your visa before you marry, you will be in breach of a visa condition and your visa may be liable for cancellation.
You can leave and enter Australia as often as you like during the nine month visa validity period. This period will start from the time the visa is granted.
You will have access to the Australian healthcare facilities, but only when you are onshore and have applied for a partner visa.
The purpose of this visa is to allow the applicant to join their partner in Australia with intend of getting married during the 9 month validity period of this visa.
You and your partner must have a genuine and continuing relationship and show a mutual commitment to a shared life together, to the exclusion of all others. You and your partner must be living together on a permanent basis, or, if not, any separation must be on a temporary basis only.
You and your partner can get married in Australia or abroad, however if you get married while the visa application is being processed, you must inform the Department of Home Affairs so that your visa application can be changed to that of a Partner visa.
In order to be eligible for this visa you and your spouse must be able to prove that you are in a genuine relationship i.e. you must have met your partner in person. This must be the case even if:
You will need to undergo a health examination for your initial visa, but if you have already undergone an examination, you may not need to do it again.
The health examination is a crucial step in ensuring that public spending on health and community services is reduced, and that the Australian community is protected from potential health risks and diseases.
Meeting the health requirements is typically a requirement for all visa applicants, as well as their dependents, regardless of whether they plan to migrate to Australia or not.
In some instances, if a medical condition or disease has been identified, a follow-up medical check may be necessary, and you may be required to sign a Health Undertaking to meet the health requirement.
Before entering Australia, it is mandatory for all visa applicants to meet the character requirements as outlined by the Department of Immigration. As part of the character assessment process, you will be required to furnish police clearance certificates for each country where you have resided for a period of 12 months or more in the last 10 years since turning 16 years old, to demonstrate your good character.
The information provided below is intended to assist with preparing the correct documentation in support of your prospective marriage visa application. The Department of Home Affairs may request additional information after your application has been made.
Note: Original documents should only be supplied on request (penal clearance certificates must be original), and all foreign documents must be translated, preferably by an accredited translator.
You must be able to prove your identity by providing a certified copy of your birth certificate. If you do not have one, you must provide certified copies of the identity pages of at least one of the following:
You will be asked to provide evidence that you have met in person and that you plan to marry. Evidence may include photos, witness statements, letter from celebrant, and NOIM form.
You will be required to undergo a health examination, as well as provide original penal clearance certificates for countries you have lived in for 12 months or more in the last 10 years.
The Department of Home Affairs only accepts documents that are translated into English. It is therefore your responsibility to ensure that documents are accurately translated.
Only certain people can witness a Commonwealth statuary declaration. If you cannot find a suitable person, all departmental offices outside Australia have facilities to witness statuary declarations, although you may be charged.
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.
In case you decide to marry your fiancé or fiancée before your visa is granted, it is important to inform the Department of Home Affairs immediately so they can modify your application to a partner visa.
Once the visa is granted, the following obligations must be fulfilled:
You must enter Australia before the specified date and before getting married to your partner.
You should marry your fiancé or fiancée during the validity period of this visa, which is 9 months after the visa has been granted. The marriage ceremony can take place either in or outside Australia, but you must enter Australia at least once on this visa before the marriage occurs.
Before the expiration of this visa, you are required to submit an application for a permanent partner visa in Australia.
It is also essential to notify the department of any changes in personal circumstances, such as a change of address or the birth of a child with your fiancé.