An Australian citizen, permanent resident or eligible New Zealander can nominate their fiancé for a Prospective Marriage (subclass 300) visa. The applicant and the sponsor cannot marry before this visa is approved. Following marriage, the applicant and sponsor can then apply within Australia for the Partner (subclass 820/801) visa. Subclass 820 is a provisional residence visa and subclass 801 is a permanent residence visa.
The subclass 300 visa application is lodged and processed offshore. The application will require evidence of the genuine and ongoing commitment of both parties to the relationship as well as normal migration clearances, such as health and character.
Approval of the subclass 300 visa will be subject to condition 8515 which states that the applicant cannot marry prior to entry to Australia. In addition, it must be shown that a marriage ceremony has been booked, evidencing that the sponsor and the applicant have agreed to marry within 9 months of visa grant.
Once the sponsor and the applicant are married, they need to be in Australia and lodge a Partner (subclass 820/801) visa application.
To have one of our Australian immigration consultants assess how you can how you can become eligible for a Prospective Marriage Visa Australia, please contact us