Australia Prospective Fiance Marriage Visa Subclass 300
When you wish to marry your prospective spouse, whom you have met and known, in Australia, you can apply for the Australia Prospective Fiance Marriage visa subclass 300 (Fiancé Visa). The visa, when granted, requires you to marry your prospective spouse and then apply for the Partner visas (subclasses 820 and 801) before the Australia Prospective Fiance Marriage visa (Subclass 300) expires.
How to Determine Eligibility Requirements for Australia Prospective Fiance Marriage Visa Subclass 300?
You must comply with the following criteria to possess the Australia Prospective Marriage Visa Subclass 300.
Age: To apply for the Prospective Fiance Marriage visa (Subclass 300), you must be at least 18 years of age or older.
Your Relationship: If you are the prospective spouse of an Australian permanent resident, Australian citizen, or eligible New Zealand citizen, you are eligible for this visa. Nevertheless, you, as well as your prospective spouse:
- Must be 18 years old and have known and met each other since turning 18 years.
- Are not related.
- Have the intention to marry within the nine-month time when the visa is granted.
- Have the intention to live as spouses after the marriage.
- Not be married to anyone during the time when a decision is made on your visa application.
For the visa purpose, you are the spouse if your marriage to any of the above person is legally valid in Australia and:
- As spouses, you both have “mutual commitment to a shared life to the exclusion of all others.”
- You have a genuine and continuing marital relationship.
- You live together or live separately and apart but not on a permanent basis.
You are not eligible for the Australia Prospective Fiance Marriage Visa Subclass 300 if you marry before a decision is made on your visa application. Nevertheless, you have to send the following:
- Evidence showing the marriage is valid. In this case, a registered marriage certificate from the relevant authority will do).
- A requisition letter to consider for a Partner visas subclass 309 and 100.
- A statement requesting the withdrawal of the Prospective Fiance Marriage visa application. In case of not withdrawing it, your visa application will be refused for you do not meet the eligibility requirements.
Sponsor: Your prospective spouse must sponsor you and in case you are married to him or her, then his/her parent or guardian, who is an Australian permanent resident, Australian citizen, or eligible New Zealand citizen, might be able to sponsor you. However, the sponsor must:
- Be 18 years of age or older.
- Be an Australian permanent resident, Australian citizen, or eligible New Zealand citizen. For the purpose, the Australian PR or the eligible New Zealand citizen must generally live in Australia.
- Satisfy the character requirement.
The person may not be able to be a sponsor if he/she holds certain visas or under certain circumstances like where a partner visa or Prospective Fiance Marriage visa (Subclass 300) was granted in the last five years, or where he/she has sponsored two or other people on a partner visa or Prospective Fiance Marriage visa. Nevertheless, he/she may still be a sponsor under compelling circumstances like:
- There are young children in the earlier relationship and the former partner died or abandoned the relationship.
- He or She has lived with the current partner for more than two years.
- There are dependent children.
Health Requirement: Applying for the Australia Prospective Fiance Marriage Visa Subclass 300 requires you, as well as your children to meet the health requirement. There might be instances where the members of your family not applying with you are requested to meet the health requirement, which will help you to determine whether you need to undergo the health checks.
Where you need to undergo certain health examinations during the time of application, then they depend much on your personal situations like your citizenship, suggested activities in Australia and the place you stayed and the time how you spent during the last five years. Under the Prospective Fiance Marriage Visa Subclass 300, the health examination suggested for you and your sponsors is the medical examination, chest x-ray and HIV test. Some of the steps to help you complete the health examinations when you apply for the visa online are:
- Check and know whether the health examination is required or not.
- Request for the health examination after getting a HAP ID.
- Provide your complete medical history and give consent to eMedical processing using eMedical Client.
- Have an appointment with the panel clinic approved for the purpose or the medical services provider and attend the appointment using the eMedical Referral Letter.
- The clinic locates the case using your HAP ID and records the examination in the eMedical and submits it.
- The health case is cleared and your visa processed once you meet the health requirement.
The health examination results are generally valid for 12 months. Nevertheless, you can go through the “My Health Declarations Service” and ascertain whether you need to go for a health examination. The above conditions apply to any members of the family unit included in your application.
Character Requirements: You are required to conform to certain character requirements listed in Section 501 of the Migration Act 1958 to apply for the Australia Prospective Marriage Visa Subclass 300. Your character is assessed against the requirements set and to pass the character test you should be free of all of them. However, you are required to submit police certificates for the country or countries you have lived in for a year or more in the last ten years since you turned 16 years of age. The last ten years for the purpose is calculated immediately before the time you have lodged the visa application. The police certificate obtained is viewed as valid for 12 months from the date of its issue.
Outstanding Debts: The Australia Prospective Fiance Marriage Visa Subclass 300 requires you that you must not have or you must have made plans to repay any outstanding debts to the Australian Government.
Refused or Cancelled Visas: In case you have had a visa refused or cancelled earlier while in Australia, then you might not be eligible to apply for this visa.
What are the Benefits of Australia Prospective Fiance Marriage Visa Subclass 300?
If the Australia Prospective Fiance Marriage visa subclass 300 is granted, you are allowed to:
- Travel to Australia and live and work there for up to nine months.
- Undergo education at your own expense.
- Travel outside Australia at any time during these nine months and as many times as you want. Where you hold a New Zealand passport, then while travelling you should inform that you have an Australia Prospective Marriage visa to the immigration officer. In case you fail to do so, you will be granted a subclass 444 visa, which might sometime affect the issuance of the Partner visa application.
The validity of the Australia Prospective Fiance Marriage Visa Subclass 300
The Australia Prospective Marriage visa subclass 300 must be applied from outside Australia and when issued allows you to stay for only nine months in Australia and the length of the stay cannot be extended.
Australia Prospective Fiance Marriage Visa (Subclass 300) – Making it a Three-Stage Process to Permanent Partner Visa
If you are granted an Australia Prospective Fiance Marriage Visa (subclass 300), it makes you eligible to apply for the partner visa (subclasses 820 and 801), where the temporary visa (subclass 820) is issued first to help you stay in Australia for about two years. During the time the permanent Partner visa (subclass 801) is processed and granted.
The fee to pay during the application is the one-time fee, which includes the fee for the Partner visa (subclass 820 and 801). Where you marry your prospective spouse before the subclass 300 visa expires and submit the partner visa application, you stand to pay a reduced fee. On the other hand, if you fail to submit the partner visa application before the expiry of the Australia Prospective Fiance Marriage visa, you have to pay a higher fee.
The evidence required for the Prospective Fiance Marriage Visa Subclass 300 is statutory declarations (Form 888), proof that the applicant and sponsor have met face to face, proof the couple they will marry within the 9 months that the visa is valid, proof that the couple genuinely intends to live together as spouses after marriage and written statements on the history of the relationship.
Intention to marry
The couple will need to show evidence of the arrangements that have been made for their marriage ceremony. This needs to be in the form of a letter from the authorised marriage celebrant who will be conducting the ceremony. The letter must:
- Be signed by the marriage celebrant
- Be dated
- Be on a letterhead
- Provide the date or date range of the marriage ceremony
- Provide the venue
- Confirmation that a Notice of Intention to Marry (NOIM) has been lodged with the celebrant
Notice of Intention to Marry (NOIM)
It is Australian law that a person who wishes to marry in Australia must lodge a NOIM with the celebrant who will be conducting the marriage ceremony. The NOIM must be lodged no less than 1 month and no more than 18 months before the proposed date of the ceremony. The NOIM is valid for 18 months.
Persons who can witness NOIMs outside Australia include:
- Australian diplomatic officers
- Australian consular officers
- Notaries public
- Employees of the Commonwealth authorised under paragraph 3(c) of the Consular Fees Act 1955
- Employees of the Australian Trade Commission authorised under paragraph 3(c) of the Consular Fees Act 1955
Persons who can witness NOIMS in Australia are:
- authorised celebrants
- Commissioners for Declarations under the Statutory Declarations Act 1959
- Justices of the peace
- Legally qualified medical practitioners or
- Members of the Australian Federal Police or state/territory police forces
Evidence of the NOIM need not be provided but the letter from the marriage celebrant should acknowledge that the NOIM has been lodged.
Waiver of marriage celebrant’s letter
There may be circumstances under which the requirement for the letter may be waived. One of these is if the evidence provided for the intention to marry is very strong. This may be in the form of plans for the wedding, engagement with a wedding planner and so forth.
The other would be if it is not possible for the couple to obtain a NOIM, for example, if the marriage celebrant will not accept a NOIM without first interviewing the couple and the couple is not in Australia.
It is an important requirement that marriage occurs within the 9-month validity of the visa. The couple, therefore, needs to take into account the visa processing time in their plan. Because the processing time may vary, the couple may pick a date range instead of a date, that is likely to fall within the validity of the visa should it be granted. The range may be in the 9 months after 12 months (processing time) from the lodgement of the application. Failing to provide evidence of the marriage date being whilst the visa is valid can adversely affect the application.
Intention to live as spouses after marriage
This is evidenced through the 4 main aspects of a relationship:
- Financial aspects of the relationship
- Nature of the household
- Social aspects of the relationship
- Nature of the commitment
It is understandable that evidence supporting all the above aspects may be available for a couple with intentions to marry but as much evidence as possible to support the relationship should be provided. Evidence to this may include communications or plans made for living together once the applicant is in Australia and the couple has married.
No impediment to marriage
Both parties must be free to marry at the time of the decision. The intended marriage must be recognized under Australian law as valid.
The Prospective Fiance Marriage Visa Subclass 300 cannot be extended and a subsequent Prospective Fiance Marriage Visa Subclass 300 cannot be applied for. As such, the couple will need to get married before the 300 visa ceases or will have to apply for a partner visa after they have gotten married. The onshore Partner 820 visa should be applied for after marriage and before the visa ceases.
How Can We Help You?
The Australia Prospective Fiance Marriage visa Subclass 300 is granted only if you satisfy all the legal requirements and provide documents against your claims in the application. Though you can find enough information regarding the procedure to apply for this Prospective Fiance Marriage visa Subclass 300, there needs expert advice and guidance to help you with the application form and pay the application fee and know what the transaction reference number is.
Where any of the criteria are not met with, then your visa application will result in rejection. Being a registered migration agent Adelaide, we, at Immigration Help, have considerable experience in dealing with the visas of these types. We can help you deal with any of the following issues that come across while applying for the Australia Prospective Fiance Marriage Visa Subclass 300.
- Providing enough evidence of your Intention to Marry, which has to be valid.
- Preparing the list of documents and evidence showing your relationship with your partner, your other relationships and health and character documents and send them with the application.
- Helping you with the proof showing the genuine relationship and intention to marry, and that includes your prospective spouse too.
- Completing applications and writing statements appropriately and accurately.
- Getting ready various statements from you and your spouse showing your relationships through various factors like when and how you met each other and why and how you intend to live together after marriage.
- Dealing with enquiries from the Department of Immigration and responding on your behalf adequately.
- Helping you update the changes with regard to change of address, mistake, providing more information, and so on.
- Helping you with the Interview preparation on the requests from the Immigration office during the visa application process.
- On the issuance of the Australia Prospective Marriage visa subclass 300, we also help you with applying for the Partner visa.
For Assistance and Guidance, You Can Contact Immigration Help
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