Applying for a Prospective Marriage visa/ Fiancé visa (subclass 300)
If you are engaged to your Australian fiancé and you don’t meet the criteria to apply for an Australian partner visa, the best visa option for you will be to apply for a subclass 300 Prospective Marriage visa.
The Prospective Marriage visa is often referred to as the Fiancé visa as it is the suggested pathway for the fiancé of an Australian citizen, permanent resident or Eligible New Zealand citizen to secure a visa to move to Australia to live with their fiancé.
The subclass 300 prospective marriage visa is granted for a period of 9 months during which time the visa holder can move to Australia with full work rights to live with their fiancé.
To meet the criteria for the Prospective Marriage visa, the applicant must be able to demonstrate to the Department of Home Affairs that they are engaged to their Australian partner and have made formal plans to marry their partner.
Prospective Marriage visas must be applied for while the applicant is outside Australia and the applicant must be outside Australia when the visa is granted.
It is possible for an applicant who has lodged a subclass 300 Prospective Marriage visa application to apply for a visitor visa to visit their Australian fiancé while their application is being processed.
Provided the subclass 300 Prospective Marriage visa holder married their partner before the expiry of their visa, they can lodge an application for a subclass 820 provisional Partner visa. So long as they apply for the subclass 820 Partner visa before the expiry of their subclass 300 Prospective Marriage visa they will be granted a bridging visa with full work rights to remain in Australia while their partner visa application is processed.
While holding the Prospective Marriage visa it may also be possible to apply for a subclass 820 Provisional Partner visa without the applicant being legally married to the applicant’s Australian partner.