Australian Prospective Marriage (FIANCÉ) Visa Subclass 300

An Australian Prospective Marriage visa Subclass 300 (also known as  Australian fiancé visa) is for people who want to come to Australia to marry their prospective spouse who is an Australian citizen, Australian permanent resident or an eligible New Zealand citizen.

Australian  Prospective Marriage Visa Subclass 300 allows you to:

1.enter Australia before you marry your fiancé

2.work in Australia

3.study in Australia (no government funding)

4.travel in and out of Australia as often as you want

The Subclass 300 visa will be valid for 9 months. If you marry your fiancé during this time, you will be eligible to apply for a Partner visa.

A Partner visa usually involves two stages: an application for a temporary Partner visa, and later for a permanent Partner visa. But in the case of Prospective Marriage  (FIANCÉ) Sub Cass 300 Visa, it has 3 stages.

Who can sponsor for an Australian Prospective Marriage visa Subclass 300?

In order to sponsor you for a Prospective Marriage visa, your partner must be an:

1.Australian citizen; or

2.Australian permanent resident; or

3.Eligible New Zealand citizen.

Your partner must be over 18 years of age.

Sponsorship limits

Please note that there may be some limitations on your partner’s eligibility to sponsor you if they have previously sponsored or been sponsored by someone for a Partner visa.

Who can apply for an Australian Prospective Marriage visa Subclass 300?

You may be eligible to be granted a Prospective Marriage visa Subclass 300  if you can show:

1.you are over 18 years of age

2.you and your partner have met in person since each of you turned 18, and know each other personally

3.you and your partner genuinely intend to marry within 9 months of the grant of the visa you and your partner genuinely intend to live together as spouses after your marriage

4.you meet health and character requirements.

5.You are able to include family members in your Prospective Marriage visa application if they satisfy particular criteria. Please consult us for more details.

If the marriage does not eventuate in this time, the visa will NOT be extended the applicant will be required to leave Australia.

The Prospective Spouse (Fiancé) Visa application must be lodged outside of Australia.

Australian Offshore Partner Visa Sub Class 309 100 Visa

You may be eligible for an Australian Offshore Partner visa even if you reside outside of Australia and you are married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or an eligible New Zealand citizen.

The Australian Offshore Temporary Partner visa (Subclass 309) allows you to

1.enter and stay in Australia until a decision is made about your Australia Permanent Partner Visa Subclass 100

2.work in Australia

3.a study in Australia (no access to government funding)

4.enroll in Medicare, Australia health care scheme

5.travel in and out of Australia as often as you want.

You must be outside of Australia in order to apply for and be granted the Australian Offshore Partner Visa Subclass  309. If you have obtained a 309 visa and are eligible for the corresponding Australian Permanent Visa Subclass 100, you can be inside or outside of Australia in order to be granted the Australian Permanent Partner Visa Subclass 100. However, if you apply for the 100 visa directly, you must be outside of Australia in order to apply for and be granted the visa.

The Australian Offshore Partner Visa is also a two-stage process.

  1. An application for a temporary Partner visa
  2. later being considered for a permanent Partner visa.

Please note you may be eligible to be granted an Australian  Permanent Partner visa:

directly if you can show that you have been married or in a de facto relationship for at least 3 years, or

for at least 2 years and you have a child together

within the usual 2 years waiting period in some circumstances such as if the relationship has broken

down due to domestic violence.

Who can sponsor for an Australian Offshore Partner visa?

In order to sponsor you for a Partner visa, your partner must be an:

1.Australian citizen; or

2.Australian permanent resident; or

3.Eligible New Zealand citizen.

Your partner must usually be over 18 years of age.

Sponsorship limits

Please note that there may be some limitations on your partner’s eligibility to sponsor you if he /she has previously sponsored or been sponsored by someone for a Partner visa.

Who can apply for an Australian Offshore  Partner visa?

You may be eligible to be granted a 309 Partner visa if you can show:

you are married and your marriage is lawful under Australian law, or you have been living with your partner for at least 12 months

Marriages NOT recognized include:

Arranged or proxy marriages (couple must have physically met before marriage, and live

together after marriage);

Polygamous marriage;

Marriages within prohibited degrees of relationship (generally meaning close family

members);

Marriage of convenience;

your relationship is genuine, exclusive, committed and continuing

you meet health and character requirements.

You must usually be over 18 years of age.

You are able to include family members in your Partner visa application if they satisfy particular criteria. Please consult us for more detail.

Australian Onshore Partner Visa Sub Class 820 801 Visa

You may be eligible for an Australian Onshore Partner visa if you are married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or an eligible New Zealand citizen and you are in Australia.

The Australian Onshore Temporary Partner visa (subclass 820) allows you to:

1.stay in Australia until a decision is made about your permanent 801 Partner visa

2.work in Australia

3.study in Australia (however there is no access to government funding)

4.enrol in Medicare, Australia health care scheme

5.travel in and out of Australia as often as you want.

Australian Onshore Partner visa involves 2 -stage process:

1.An application for a temporary Partner visa

2.And later being considered for a permanent Partner visa.

Please note you may be eligible to be granted an Australian  Permanent Partner visa directly:

  1. if you can show that you have been married or in a de facto relationship for at least 3 years, or for at least 2 years and you have a child together
  2. within the usual 2 year waiting period in some circumstances such as if the relationship has broken down due to domestic violence.

When you are eligible to apply for an 801 visa directly, you must apply from inside Australia.

If you are eligible to be considered for an 801 visa as the holder of an 820 visa, you can be inside or outside of Australia in order to be granted the 801 visa.

Who can sponsor for an Australian Onshore  Partner visa?

In order to sponsor you for an Australian Onshore Partner visa, your partner must be an:

1.Australian citizen; or

2.Australian permanent resident; or

3.Eligible New Zealand citizen.

Your partner must usually be over 18 years of age.

Sponsorship limits

Please note that there may be some limitations on your partner’s eligibility to sponsor you if he/she have previously sponsored or been sponsored by someone for a Partner visa.

Who can apply for an Australian Onshore  Partner visa?

You may be eligible to be granted an 820 Partner visa if you can show:

1.you are married, have been living with your partner for at least 12 months or you have registered your relationship

2.your relationship is genuine, exclusive, committed and continuing

3.you meet health and character requirements.

You must usually be over 18 years of age.

You are able to include family members in your Partner visa application if they satisfy particular criteria. Please consult us for more details.

You may be eligible to granted an Australian  Permanent Partner visa:

1.directly if you can show that you have been married or in a de facto relationship for at least 3 years, or for at least 2 years and you have a child together

2.2 years from the date you applied for your temporary Partner visa, as long as you can show that the relationship is still ongoing

3.in other circumstances such as if you hold a temporary Partner visa but the relationship has broken down due to domestic violence.

Australian Partner Visa Cost

Australian Partner Visas − Visa Application Costs

Below is a general guide regarding the costs involved in making a Partner Visa Application.

Base Partner Visa Application Charges (Government charges)

Spouse / De facto Offshore Visa Application Charge (309/ 100 Visa)

 

AU$6,865 ——This fee includes the visa applicant only

 

Prospective Spouse (Fiancé) Visa Offshore Visa Application Charge (300 Visa)

AU$6,865——This fee includes the visa applicant only.

Plus AU$1,145 – when applying for the Spouse Visas (once you are married).

Spouse / De facto Onshore Visa Application Charge (820 /801 Visa)

 

AU$6,865 ——    This fee includes the visa applicant only

 

New Zealand Citizen Family Relationship Visa Application Charge (461 Visa)

 AU$325 —— This fee includes the visa applicant only

Additional Applicant Charges (government charges)

Spouse / De facto Offshore – Adult (+18 years)

 

AU$2,320

 

This fee is for each extra migrating adult that is included in the visa application (per person).

 

Spouse / De facto Offshore – Children (under 18)

AU$1,155

This fee is for each extra migrating child that is included in the visa application (per person).

Prospective Spouse (Fiancé) – Adult (+18 years)

 

AU$2,320

 

This fee is for each extra migrating adult that is included in the visa application (per person).

 

Prospective Spouse (Fiancé) – Children (under 18)

AU$1,155

This fee is for each extra migrating child that is included in the visa application (per person).

Spouse / De facto Onshore – Adult (+18 years)

 

AU$3,435

 

This fee is for each extra migrating adult that is included in the visa application (per person).

 

Spouse / De facto Onshore – Children (under 18)

 

AU$1,720

This fee is for each extra migrating child that is included in the visa application (per person).

New Zealand Citizen Family Relationship – Adult (+18 years)

 

AU$165

 

This fee is for each extra migrating adult that is included in the visa application (per person).

 

New Zealand Citizen Family Relationship – Children (under 18)

AU$80

This fee is for each extra migrating child that is included in the visa application (per person).

Other possible non-government costs

Medical Examination

 

Approx. AU$350

  • This fee is payable for each person included in your application and must be paid directly to the doctor conducting your examination.

Character Clearance (police check)

Vary from country to country

This fee is payable to the police authorities in the countries where you have lived for 12 months or more.

Our Professional Fee

It varies from case to case depending upon work involved.

 

 

Australian Partner Visas Frequently Asked Questions

Australian Partner Visas − Frequently Asked Questions

What does de facto mean?

The term ‘de facto’ when used in relation to Australian visa applications is used to describe a couple who live together as partners but are not married.

For Australian visa purposes, a de facto partner (including partners of the same sex) can be considered a member of your family unit in a very similar way to a married couple.

The length of the de facto relationship will depend on the visa for which you are applying. For example, if you are applying for a 457 visa or a New Zealand Citizen Family Relationship visa, you would normally need only evidence 6 months as a de facto couple. But if you are applying for a student or skilled migration visa you would normally need to evidence at least 12 months as a de facto couple.

Do I need a visa to come to Australia?

Everybody who comes to Australia who is not an Australian citizen must have a valid visa to enter Australia.

If you are a New Zealand citizen travelling on a New Zealand passport and you do not have criminal or health issues, you may be eligible for a ‘Special Category Visa’ which can be granted to you on arrival, so you may not need to arrange a visa before you fly.

If you are not a New Zealand citizen or an Australian citizen you will need to make sure you have a valid visa before you come to Australia. Most airlines will not let you board your flight unless you have a valid visa to enter Australia.

What is a certified copy?

Certified copies are copies of documents which have been authorised (notarised), or stamped as being true copies of originals by a person or agency recognised by the law of the country in which you currently reside.

I am a New Zealand Citizen; do I need a visa to come to Australia?

New Zealand citizens travelling on New Zealand passports do not need to pre-arrange a visa to enter Australia unless there are health or character concerns.

At the time of presenting your New Zealand passport for immigration clearance you are considered to have applied for a visa and, subject to health or character considerations, will automatically receive a Special Category Visa (SCV) which is recorded electronically. Your New Zealand passport is stamped, showing the date of arrival in Australia.

 

I am a New Zealand permanent resident visa holder; do I need a visa to come to Australia?

If you are a New Zealand permanent resident, you would need to apply for a visa in the normal manner.

 

Does my passport need 6 months validity to travel to Australia?

The Australian government advises that your passport should be valid for at least 6 months when entering Australia. However this is advisory only. You may enter Australia if you have a valid passport at the time you enter.

Note: Some other countries do strictly adhere to a minimum passport validity rule, so if you intend on visiting or transiting through any other countries, you will need to confirm with them that your passport validity will be acceptable.

Can I include my children in my application?

Normally yes you can. But different visas to Australia have different requirements and one answer does not apply to all situations.

 

Can I include my parent in my application?

To include your parent in a visa application you must be able to prove that they are dependent on you. Issues of ‘dependence’ with adult applicants are very complex in Australian migration law. Because of this we advise that you discuss this with one of our experienced advisors before proceeding any further

Can I include my child who is over 18 in my application?

To include your adult child in a visa application you must be able to prove that they are dependent on you. Issues of ‘dependence’ with adult applicants are very complex in Australian migration law. Because of this we advise that you discuss this with one of our experienced advisors before proceeding any further.

 

I am in Australia and my visa has expired, what do I do now?

Depending on how long you have been unlawful you may have a three year ban on temporary visas. If you are planning on applying for another visa in Australia you may have what is called ‘schedule 3’ issues, which basically means that you will have to meet additional requirements that you would not have had to if you held a valid visa when you applied.

You should contact one of our experienced advisors to discuss your situation.

I have a 3 year ban; can I still get an Australian visa?

Whether or not you can still obtain a Visa can depend on a number of factors such as the type of visa you previously held and whether there are compelling or compassionate circumstances affecting an Australian citizen or Australian business. You should contact one of our experienced advisors to discuss your situation and options.

My visa has been refused. What are my options?

If your visa has been refused, you may have the right to appeal the decision at the Review Tribunal. While appealing the decision may be a great option for you, it is not always the best option.

For example, appealing a decision to the tribunal can be very expensive and take a lot of time. In some cases it is cheaper and faster to lodge a new application making sure you meet all visa criteria. In other cases, appealing a refusal decision to a tribunal may be the best option.

If you have had a visa refused you should not delay, contact us immediately to discuss your options.