prospective marriage visa

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Prospective Marriage Visa (subclass 300)

Prospective Marriage Visa Subclass 300 is a Temporary Visa, issued for nine (09) months to the person who intends to marry an Australian Permanent Resident, Australian citizen, or an eligible Newzealand citizen.
It is also commonly referred to as Fiance or Fiancee Visa which essentially means that the applicant is seeking a temporary visa to manage a formal marriage with the Australian PR holder, citizen, or eligible Newzealand citizen.
The applicant must complete the wedding formalities within the nine months “visa validity period” and apply for the partner Visa as the next logical step. Formal marriage can be organized inside or outside of Australia.

Eligibility for Prospective Marriage Visa (subclass 300):

  •  The applicant must be sponsored by a prospective spouse who is an Australian Citizen or Permanent Resident or an eligible New Zealand Citizen. The Department of Home Affairs must approve the sponsorship before taking a decision on the applicant’s Prospective Marriage Visa (Subclass 300).
  • The applicant must be eighteen (18) years old or over at the time of submission of subclass 300 application.
  • The applicant must be outside Australia (offshore) to apply for this visa while the sponsor can be onshore or offshore to apply for the sponsorship application related to subclass 300 visa.
  •  The applicant and secondary applicants (migrating family members) plus non-migrating members of the family need to meet the Australian health requirements. The applicant and his family members must be free from any diseases that
    • are significant healthcare and community service costs.
    • Likely to limit the access to healthcare and community services that are in short supply to Australian Citizens and community services by placing demands on those services.

Note: Medical Officer of the Commonwealth will advise the department whether the applicant’s medical condition is good or a threat to public health or will result in significant healthcare and community service cost or placing demand on healthcare and community services that are in short supply.

  • The applicant and his/her family members (whether applying as secondary applicants or not) must also meet the character requirement of Australia. To prove the character requirements, the applicant must honestly answer the questions related to the criminal record in the character declaration section of the application and provide a Police Clearance Certificate from all the countries where the applicant has spent time. The applicant must also provide all the requested information.\
  •  If the applicant and his family member (applying or not) owe any debts to the Australian government, then the applicant or his/her family member(s) must have paid it back or arranged to pay it back to the Australian government.
  • The applicant might also be ineligible for the Prospective Marriage Visa if he/she had a Visa refused or canceled while he/she was in Australia.
  • Subclass 300 visa might not be granted to the applicant under 18 if it is not in the best interest of the applicant.

 

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Requirements of Prospective Marriage Visa

  • The applicant must be sponsored by an Australian Citizen or Permanent resident or eligible New Zealand Citizen.
  • Both Applicant and Sponsor should be 18 years old or over.
  • The applicant must marry his/her intended sponsor before the expiry of the Prospective marriage visa.
  • Genuinely intend to live as a married couple.
  • The applicant must be outside Australia at the time of application and at the time of the grant of subclass 300 visa.
  • The applicant must enter Australia before the date specified on the applicant’s prospective marriage visa grant letter.
  • The applicant can marry in Australia or outside Australia after the grant of the visa but the marriage must be valid under Australian law.
  • The applicant and his/her migrating family members must meet all prospective marriage visa conditions and obey Australian laws.

 

Benefits of Prospective Marriage Visa subclass 300

  •  Prospective Marriage Visa holders can stay in Australia from 9 and 15 months from the date of grant of visa. The visa expiry date is written on the visa grant letter and,
  • he/she can work in Australia
  • he/she can study in Australia at his/her own expense.
  • can travel to and from Australia as many times as he/she wants before the expiry of the visa
  • he/she can apply for a partner visa (subclass 820 and 801) after he/she marries the sponsor and before the subclass 300 visa expires.
  • the applicant will have to pay less fee for a partner visa if he/she applies for the partner visa while his/her Prospective Marriage visa is still valid.

 

Processing Time of Prospective Marriage Visa Application

According to the Department of Home Affairs website, 75% of PMV visa applications are processed in 25 months and 90% are processed in 34 months. However, the processing of subclass 300 visas might take longer, if the applicant failed to fill the application correctly or he/she did not provide all the required documents or respond on time to Request Further Information from the department. The Department of Home Affairs requires time to verify the information provided by the applicant and sponsor.

 

Cost of Prospective Marriage Visa Application

  • The base application charge for Prospective Marriage Visa (subclass 300) is AUD 7,850
  • The additional applicant charge for applicants 18 years and older is AUD 3,930.
  • The additional applicant charge for applicants under 18 years is AUD 1,965.
  • The applicant and family members will have to pay additionally besides the application charges for health checks, police certificates, and biometrics.

Note: There is no cost for a Prospective Marriage Visa Sponsorship application.


Health Insurance for Prospective Marriage Visa (subclass 300)

The Department of Home Affairs recommends that a PMV (subclass 300) applicant should arrange health insurance to cover any unforeseen medical treatment he/she requires during his/her stay in Australia. The applicant is responsible for his/her medical treatment and proper health insurance can reduce the cost associated with unforeseen medical treatments and emergencies.

Overseas Visitor Health Cover is the better option for this visa. The applicant is allowed to check the type of services covered under the Health Cover provider. Each health cover has specific healthcare services for which it is valid and the applicant will have to pay him/herself if the unforeseen medical treatment is not covered by the applicant’s Health Insurance provider.

Note: that some countries have a Reciprocal Health Care Agreement with Australia and the citizens of these countries would not need private health insurance.

 

Including Family Members in subclass 300 visa

The applicant can include the members of the family unit in the prospective marriage visa application as accompanying members of the family unit. He/she can also add the family unit members after the submission of the application but before the Department of Home Affairs takes the decision of visa.

 

Important for New Zealand Passport Holders

While arriving on the border the New Zealand Passport holder must tell the immigration officer that he/she holds a Prospective Marriage Visa. If not told, he/she might be granted a Special Category Visa (subclass 444). With the grant of this visa, the New Zealand passport holder’s Prospective Marriage Visa will cease.

 

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Step by Step Process of Prospective Marriage Visa Application

Before Applying for the Prospective Marriage Visa

 

Health Examination

The applicant needs to get a health examination done or can wait till the Department of Home Affairs asks him/her to get it done.

Normally when an applicant applies online through Immi Account, the applicant can generate the e-medical examination document which contains HAP ID. The applicant can do a Health Examination by taking the print of that HAP ID to DHA-approved Medical Center and get his/her health examination done. Once done, the health examination info normally gets updated in the application in a few days.

 

Hiring the Services of MARA Agent

It is recommended to seek the help of a registered migration agent (MARA Agent) for handling the prospective marriage visa application to avoid any difficulty in understanding the 

 

Gather the Required Documents

You must provide all the required documents to avoid rejection or delay in your Visa application.

 

Identity Documents

Identity documents include;

  •         Current Passport
  •         Current National ID Card
  •         Birth Certificate
  •         Drivers Licence
  •         Marriage Certificate
  •         Divorce Certificate
  •         Change of Name document (If Applicable)
  •         Expired passport (If Any – that have been used for international travel before)

 

Relationship Documents:

The applicant will need to provide two Form 888 – Statutory declarations by a supporting witness in relation to a Partner or Prospective Marriage visa application.

Form 888 should be completed by two people who are,

  • 18 years old or older
  • Know applicant and his/her partner (sponsor)
  • Know about the applicant and partner relationship

In case the witness is an Australian Citizen or permanent resident, he/she will need to provide a passport or birth certificate.

 

The applicant will also need to provide the following pieces of evidence:
  • To prove that the applicant and sponsor met face-to-face as adults after turning 18 years of age and both of them know each other personally.
  • To prove that the applicant will marry the sponsor within 9 months of the prospective marriage visa grant.
  • To prove that the applicant and sponsor agree to live as a couple (husband and wife).
  • of relationship history by writing personal statements. Applicant and sponsor both will provide their personal statement of their relationship. Each personal statement should cover the following key points
  • how, when, and where the applicant and sponsor met
  • how their relationship was developed
  • when both engaged.
  • their joint activities (e.g. hoteling, spending a vacation together)
  • events in relationships (birthdays, meeting each other’s parents, spending festivals together, etc.)
  • their future plans as a married couple

 

Former Relationship Documents (If Applicable)

If the applicant has been previously in relation with another person, then he/she needs to provide divorce certificates, death certificates, separation certificates, or statutory declaration that the former relationship has ended.

 

Character Certificates

The applicant will need to provide an Australian Federal Police (AFP) Clearance Certificate if he/she spent 12 months or more in Australia in the last 10 years after turning 16 years of age.

The applicant will also need to provide an Overseas Police Clearance Certificate from every country where the applicant spent 12 months or more in the last 10 years after turning 16 years of age.

 

Documents Required from Under 18 Years Secondary Applicants

  • Passport
  • National ID Card (If Applicable)
  • Birth Certificate or Marriage Certificate (for Relationship proof)
  • Police Certificates (If Applicable)
  • Completed Form 1229 (Consent form to grant an Australian visa to a child under the age of 18 years). Form 1229 is filled by the person who has the legal right to decide where the child lives and is not traveling to Australia with the child.
  • Instead of Form 1229 the person can also provide a statutory declaration giving his/her consent for a child visit to Australia on Prospective Marriage Visa.
  • The person giving consent for child travel should also provide an identity document that shows the signature and photo of that person, such as a passport or driver’s license.
  • Alternatively, the applicant can also show an Australian court order that allows his/her child to migrate to Australia, or that the laws of the applicant home country allow the child to migrate

 

Documents Required from Over 18 Secondary Applicants

  • Passport
  • National ID Card
  • Birth Certificate or adoption papers (for relationship proof)
  • Police Certificates
  • Completed Form 47a – (Details of a child or other dependent family member aged 18 years or over)
  • Proof of financial dependence of the child on the applicant like Bank Statements, money transfers, and rent receipts, etc.
  • If the child is aged 23 or is going to turn 23 while Prospective Marriage Visa application is being processed, the applicant must also provide a report from a qualified medical practitioner that states the child is dependent on the applicant and his/her partner due to the total or partial loss of their bodily or mental functions.

Note: In prospective marriage visas the applicant can only include a dependent child under 23. Only the disabled child of age 23 or older can be included in the subclass 300 application as a dependent child.

 

Translation of Non-English Documents

The applicant and secondary applicant should provide the English translated Copy of non-English documents.

  • If the translator is in Australia, he/she must be NAATI accredited
  • If the translator is outside Australia then he/she must have a full name, contact number, address, and qualification and experience in the language he/she is translating in the English language on each translation.

Note: The applicant should provide all documents in color and more than one page of documents should be combined into a single file.

 

Documents Required from Sponsor for Sponsorship Application

The sponsor will need to provide:

  • Identity documents to prove that the sponsor is an Australian Citizen, Australian Permanent Resident or an eligible New Zealand Citizen.
  • Australian Police Clearance Certificate and Overseas Police Certificate from the countries where the sponsor has lived for more than 12 months.

Note: The applicant must also provide written consent for the department to disclose any convictions for relevant offenses to the visa applicant.

 

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Applying for Prospective Marriage Visa

  • The applicant will need to create an ImmiAccount first to apply for a subclass 300 visa online or they can start filling the application if they have previously created an Immi account.
  • The applicant should submit the completed application after paying the application charges through credit card, Bpay, and other payment options available on Immi Account.
  • The applicant should attach the required documents to the application after submission.
  •  The applicant also needs to provide the Transaction Reference Number (TRN) to the sponsor to lodge the sponsor Prospective Marriage Visa application.
  • The applicant and sponsor can use the same Immi account or separate Immi accounts to lodge the Prospective Marriage Visa application and sponsorship application. The TRN number of the Prospective Visa Application should need to be correctly entered in the Sponsor application. Through TRN the department will recognize the link between visa and sponsorship applications.
  •  There is no fee for sponsorship applications. The sponsor should also attach the required documents after the submission of the sponsorship application.
  • In case the applicant is applying through a migration agent, the migration agent can lodge the applicant and sponsor applications both from his/her own Migration Agent Immi Account.

 

After the Submission of Subclass 300 Visa Application

  • The applicant gets an acknowledgment letter and email regarding the submitted application to confirm to the applicant and sponsor that the Department of Home Affairs has received the applications.

Note: Separate acknowledgment email and letter will be received for visa application and sponsor application after the submission of each one of them.

  •  The applicant should respond and provide the documents and information requested in any Request for Further Information (RFI) from the Department within the specified time mentioned on RFI. If the applicant is unable to provide the information or documents within the specified time, the applicant will need to provide a genuine reason for not providing the requested information at the specified time.
  • The applicant will also need to arrange a health examination (if not done already) and do biometrics if asked by the Department after the submission of the application.

 

Adding Members of Family Unit

  • The applicant can add the members of the family unit as accompanying members of the family unit after the submission of the visa application by completing Form 1436 (Adding an additional applicant after lodgment). The applicant will need to attach the completed 1436 form to his/her submitted Prospective Marriage Visa Application.
  • If the baby has been born overseas to the sponsor who is an Australian permanent resident, then the child might be eligible for permanent residency and the applicant can add the baby to the application through the 1436 form or should consider Child visa subclass 101 for the travel of child along with the applicant.
  • If a baby has been born overseas during the visa application and the sponsor is an Australian Citizen and also the biological parent of the newborn baby, then the child might be eligible for Australian citizenship as decent and the baby can travel as a visitor on the passport issued by that country. To get more information consult an expert MARA Agent.
  • If incorrect information is provided in the application the applicant can fill the online notification of incorrect answer form in Immi account in his/her Prospective Marriage Visa application profile. Or Complete Form 1023 (Notification of incorrect answers) should be attached to the application.
  • The applicant should provide the updated information in case the applicant’s circumstances change. There is a Notification of Changes in Circumstances form available in the update details section of the application profile. The applicant can complete and submit that form for changes of any circumstances besides change of residential address, email address, or passport details (because separate forms are available for updating these details).
  • If the applicant marries before the grant of the visa, the applicant should tell the department in writing along with the Marriage Certificate and request to consider his/her application for the Partner Visa. Or
  • He/she should tell the department that he/she wants to withdraw the application. If he/she doesn’t withdraw the application, his/her application will be refused and he/she will not be able to continue this application as he/she doesn’t satisfy the criteria for Prospective Marriage Visa application.

 

The outcome of Prospective Marriage Visa Application

In case of a Grant of subclass 300 visa, the department will send a visa grant letter to the applicant or his/her migration agent through email and the applicant visa grant will also be available in the applicant Prospective Marriage Visa profile in the ImmiAccount.

The applicant should clearly read all the details of his/her visa and note all the dates and conditions mentioned on the visa grant letter. The applicant must fulfil all visa conditions and should move in and out of Australia within the dates mentioned on the visa grant letter.

The applicant must bring and keep a copy of this visa grant letter with him/her while traveling and residing in Australia to avoid any difficulty in proving her genuine/lawful presence in Australia.

In case of Refusal, the applicant will get refusal notification through email and in his/her application profile in ImmiAccount.