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Subclass 300 – Prospective Marriage Visa

What is Subclass 300 Visa?

If you are offshore and want to migrate to Australia to be with your partner or spouse, you have two options:

  • Offshore Partner Visa (Subclass 309/100) ; or

  • Prospective Marriage Visa (Subclass 300)

The Prospective Marriage visa (subclass 300) is for people who want to come to Australia to marry their prospective spouse. It is a temporary visa valid for 9 months. During these 9 months, you are expected to come to Australia and get married. Once you are married, you would be eligible to apply for the onshore Partner visa (Subclass 820/801). 

If you intend to get married outside of Australia or within a short period of time then this visa may not be for you. You should consider the other partner visa options as above.


What is the Application Process?

There are two stages for the application:

+ STAGE 1 - SPONSORSHIP

All applicants for a partner category visa must have a sponsor. The sponsor must be prepared to sponsor the visa applicant and any members of the family unit who are also included in the application and who are also migrating with the applicant. The sponsor is usually the person with whom the visa applicant has the fiancé(e) or partner relationship.

Requirements

  • Be an Australian citizen, permanent resident or eligible New Zealand citizen
  • Not be the holder of a Woman at Rise (subclass 204) visa that has been granted in the past 5 years and currently wishing to sponsor their former partner/ partner that they had at time of visa grant
  • 18 years or over

Limitations

  • Previously sponsored a partner or been sponsored as a partner
    • Previously sponsored 2 or more persons as a fiancé for migration, or
      • Sponsored another fiancé or partner within last 5 years
      • Unless compelling circumstances exist warranting a waiver
  • Currently or previously a contributory parent category visa holder
    • If you have been granted a permanent contributory parent category visa on or after 1 July 2009, you are unable to sponsor a person for a partner category visa for 5 years from your visa grant date if you were in a married or de facto relationship with that person on or before the date you were granted the contributory parent category visa.
    • Exceptions exist e.g. compelling reasons

Undertakings

  • To provide adequate accommodation and financial assistance as required to meet your partner’s reasonable living needs
  • If applying for partner visa outside Australia, you will need cover this for the first 2 years.
  • If applying from within Australia then the partner would need to cover the 2 years following the grant of the temporary partner visa

+ STAGE 2: VISA APPLICATION

All visa applicants must:

  • Be outside of Australia
  • Be at least 18 years of age
  • Know and have met the Sponsor in person since each of them turned 17
  • Meet health and character requirements
  • Meet other Public Interest Criterion such as holding a valid passport etc.
  • Be sponsored by their fiancé, who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • Show evidence of genuine intention to marry and that the marriage is intended to take place within the visa period

What is suitable evidence of a genuine intention to marry?

In order to show that there is a genuine intention to marry within the visa period, evidence of arrangements being made for the wedding/marriage ceremony can be provided. This can include:

  • Booking of wedding venue
  • Letter from the Celebrant who will be conducting the ceremony Sometimes, case officers will also ask for evidence of no impediments to marry e.g. to confirm that the individuals are single.

  • What is a Notice of Intention to Marry (NOIM)? In Australia, a Notice of Intention to Marry (NOIM) must be lodged for any person that wants to marry in Australia. This is lodged with the celebrant who will be conducting the ceremony and should be lodged no less than 1 month and no more than 18 months before the proposed date of the ceremony. NOIMs are valid for up to 18 months. These can be provided to support the application however it is not necessary.


What We Like About This Visa?

The Onshore or Offshore Partner visa has stringent requirements to show that there is a genuine de facto or spousal relationship. You can read about the legal requirements here.

For the prospective marriage visa, there is no specific legal requirement to assess the same stringent requirements of a genuine relationship. Instead, the assessment is whether there is a genuine intention to marry which makes it easier to be granted with this visa, especially where you may not have strong enough evidence to satisfy all four (4) factors that form part of the stringent requirements.

You can also save costs when applying for an onshore Partner visa program as the second step after this visa is granted. 

 

What Mistakes Do People Usually Make?

The most common mistake generally originates from a lack of research and understanding for the visa subclass. Timing is key for this visa. You need to factor in the processing time for the visa which constantly fluctuates and also the maximum 9 month visa grant period, as you must show an intention to marry during the visa grant period. If you present an intention to marry too early, then you may not get the visa in time. If it is outside the visa grant period, then your visa will be refused as you have failed to present an intention to marry during the visa grant period.

Other common mistakes are:

  • Providing insufficient or wrong types of evidence that does not support any legal requirement

  • Providing documents without sufficient explanation

  • The visa applicant must remain offshore at the time of grant. (Though, this does not prevent the visa applicant from making a short trip to Australia first, in the meantime).

 

What Questions Do Migration Agents Ask Our Accredited Specialists

  1. My Client got married before their prospective marriage visa was granted. How can they not waste the time and money spent on this visa?

  2. How can my Client come to Australia for a short visit if the Prospective marriage visa is not granted yet?

  3. If the Sponsor is barred from sponsoring further people, can this be overcome?

 

How Much Do We Charge?

Professional Fees

Sponsorship Application
(a) From $1,000 + GST
(b) From $2,000 + GST
(c) From $3,000 + GST

Nomination Application
(a) From $1,000 + GST
(b) From $2,000 + GST
(c) From $3,000 + GST

Visa Application
(a) From $1,000 + GST
(b) From $2,000 + GST
(c) From $3,000 + GST

Dependent Application
(a) From $1,000 + GST
(b) From $2,000 + GST
(c) From $3,000 + GST

Credit Card Surcharge
- MasterCard: 1.5%
- VISA: 1.67%
- American Express: 2.75%
- EFTPOS: 30 cents

Immigration
Charges

Sponsorship Application
- $420

Nomination Application
- $330

Levy Charges
- $1200 per annum (<$10m)
- $1,600 per annum (>$10m)

Visa Application
- $1,000 (over 18 years)
- $2,000 (under 18 years)
- $700pp (applying in Australia)

Health Check
- $330 (chest x-ray)
- $330 (medical exam)

Credit Card Surcharge
- MasterCard: 1.32%
- VISA: 1.32%
- American Express: 1.40%
- Diners Club: 1.99%
- JCB: 1.40%

Other
Charges

Police Clearance
- $47 (Australia)
- TBA (Outside Australia)

Health Insurance
- TBA

Interpreter & Translator
- TBA

Job Advertisements
- TBA

Other 3rd Party Services
(only if applicable)
- Recognized Prior Learning
- Skills Assessment
- Registration/Membership/Licence
- Labour Market Testing (Unions only)
- Business Plan writers
- Accounting services
- Researchers for salary, LMT, etc







Presenting….
a newer & better
financial expectation

The beautiful part is that if you find that your immigration lawyer does not meet your expectations, you have the option of changing immigration lawyers with different teams, without having to completely change law firms where they’d charge a significant amount as part of the initial fact finding and preliminary advice.

 

Why are there different prices for the same service?

We have a variety of legal professionals, allowing you the freedom to choose according to lawyer’s fees, speed, experience and most importantly a personality that matches yours. This way, our clients get the best of shopping around different law firms while eliminating the need to re-tell the story again and transferring of supporting documents. Naturally, junior lawyers charge lower fees and the more years of experience our lawyers gain, the higher their fees. However, it is not all always about profitting, some of our lawyers are open to pro bono cases (free legal advice).

What are the Legal Personas to Choose From?

Our lawyers are considered “book-smart”, while others are more inclined towards being labelled “street-smart”. The younger lawyers tend to be very fast & responsive, but a handful are slow (although they beg to differ, that slow & steady wins the race). The older lawyers are usually more attentive and have a reputation of customer relations. But if money is no object, you can engage a bunch of them, or all of them.

Similar to the concept of “shopping centers”

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