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Prospective Marriage Visa Subclass 300

Take the first step towards a life in Australia

A Prospective Marriage Visa (300) is a visa that allows you to stay in Australia for up to 15 months so that you and your Australian partner can be together as you plan your marriage. We work with couples everyday and can offer guidance throughout the process to make it as stress free as possible.

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The Australian Migration Lawyers difference

What is the Prospective Marriage Visa subclass 300?

If you are planning to marry an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you may be eligible for a Prospective Marriage visa. This will allow you to enter and stay in Australia for up to 15 months to marry your prospective spouse.

Sometimes known as the fiancé visa, you must be offshore in order to apply for the subclass 300 Prospective Marriage visa.

After you are granted the 300 visa and are married, you may then be able to apply for a Partner visa (subclass 820/801) which puts you on a pathway to permanently settle in Australia. In most instances, you can also access Medicare via the Partner visa (subclass 820/801).

Eligibility conditions for a subclass 300 Prospective Marriage visa

To lodge a valid application for a subclass 300 Prospective Marriage visa, you must comply with the following requirements as per Australian migration law:

  • You must be offshore at the time of application.
  • You must have met your spouse-to-be in person at least once.
  • You must intend to marry your prospective spouse within the visa period granted.
  • You must intend to live together.
  • You must be over the age of 18 (limited exemptions apply).
  • You must meet the health and character requirements.

Same-sex partners are eligible to apply for this visa.

Learn more about partner visa requirements

Prospective Marriage visa advantages

The main benefit of this visa is that it allows you and your future spouse to be together in Australia while you plan to get married. You can start building a life together with your prospective spouse while physically living together in Australia.

Once you are granted your subclass 300 visa, you can:

  • Travel to Australia
  • Engage in unrestricted work and be covered with a minimum wage guarantee under Australian law
  • Study freely
  • Move in and out of Australia as often as you like within the visa period granted
  • Apply for a permanent Partner visa after you marry

Documents needed for a Prospective Marriage Visa application

Applying for a Prospective Marriage Visa can be a complex process. You’ll need to submit substantial evidence that shows the relationship with your partner is authentic, and that you intend to marry. We’ve compiled a thorough checklist that includes all the necessary documents you’ll need to provide. Below is a snapshot of the documents required.

  • Passport
  • Birth certificate 
  • Proof of evidence to get married
  • Proof of name change (if applicable)
  • Divorce certificate (if applicable)
  • National identity card
  • Evidence of intention to live jointly as a married couple 
  • Evidence of your engagement
  • Australian police certificate
  • Overseas police certificate(s)
  • Military service records (if applicable)
  • Military discharge papers (if applicable)

Steps involved when applying for a Prospective Marriage Visa subclass 300

Before starting the application process, we’ll arrange a consultation with your Australian Migration Lawyer to discuss your requirements and make sure the Prospective Marriage Visa is the most suitable pathway for you. 

Once we have a clear understanding of your situation, we’ll provide a fixed fee for ongoing services so you have full transparency from the start. 

The next step is to prepare the required evidence and documentation to accompany your application, such as identity documents and evidence of your relationship. All documents then need to be provided (as well as translated if they are non-English) and attached electronically to your application. We can provide guidance to ensure the submissions align with the Department’s requirements to reduce any delays with your application. 

Applications for the Prospective Marriage Visa subclass 300 must be submitted online and outside of the country. After you have submitted your application, the Department of Home Affairs will assess your application before notifying you of the outcome.

Prospective Marriage visa pathway

The subclass 300 is a provisional or temporary visa that allows you to stay in Australia for up to 15 months to plan and marry your spouse.

Once married, if you and your spouse decide to settle in Australia, you can consider applying for permanent residency in Australia via the Subclass 820/801 Partner visas. If you apply for a subclass 820 Partner visa as a subclass 300 visa holder, you are eligible to pay a lower Department fee at the time of lodgement. 

Once you become a permanent resident, you can then consider becoming an Australian citizen. 

While Australian citizenship is not mandatory, it offers a range of benefits, such as consular services, visa-free travel to 100+ countries, and the ability to work for the Australian government.

Why choose Australian Migration Lawyers to help you lodge your application

One of our primary objectives is facilitating fair access to justice and we do this by representing individuals who place their trust in us with their Prospective Marriage visa application. 

  • Decades of experience
  • High success rate, including complex cases
  • Team of qualified Australian lawyers with relevant legislation and case law knowledge
  • Obligated to ensure your application is compliant with all legislative requirements, improving your chances of success
  • Help with all aspects of visa preparation, including helping you action any requests for more information from the Department of Home Affairs

Subclass 300 Prospective Marriage visa cost

The cost of the Subclass 300 Prospective Marriage visa varies, but there are three key areas:

  • Primary application preparation (fees charged by Australian Migration Lawyers) 

Our service fees are based on the unique aspects and complexity of your application and will be quoted after your initial consultation with one of our qualified lawyers. We adopt a fixed-fee approach, giving you a clear understanding of the total costs involved prior to getting started. In some instances, we also offer payment plans for added flexibility. 

  • Government fees

The Department of Home Affairs currently charges an application fee of AUD $8850 for the Prospective Marriage visa. The full amount must be paid upfront at the time of lodgement, and split payments are not accepted. Various payment options are available, including debit/credit cards, PayPal, UnionPay, and BPAY.

  • Subsequent fees

If you later decide to pursue the permanent Partner visa (820/801), the visa application fee payable at the time of lodgement is AUD $1475. The fee must be paid upfront with no split costs, via credit/debit card, PayPal, UnionPay or BPAY.

Visa application process

Applying for a visa to Australia can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you apply for the right visa.

1. Consultation and engagement

2. Preparation and support

3. Submission and communication

4. Representation and success

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Understanding the application processing time

As of July 2023, the processing time for the subclass 300 Prospective Marriage visa can take between 6 and 35 months, depending on your case complexity, the evidence and documents supplied, and the Department’s caseload. 

Our aim at Australian Migration Lawyers is to complete applications to the highest standard before submitting them to increase the likelihood of success with minimal delays.

Considerations

At Australian Migration Lawyers, our experienced legal team practises specifically in Australian migration law, and has decades of expertise in handling a diverse range of visa-related matters.

We cannot guarantee the granting of your Prospective Marriage visa, as the decision lies solely with the Department of Home Affairs. However, our sound understanding of the law means that we are able to put the best case forward to seek a successful outcome.

Our utmost priority is accessibility:

  • Initial consultations are often free, and ongoing services are offered at a fixed fee that we will confirm with you beforehand
  • You can choose between in-person or online consultations
  • We can help you at any stage of the Prospective Marriage visa process 

Meet your Australian Migration Lawyer

We’re a diverse team of professionals with decades of experience. We care about your situation and will make sure you always get the support and advice you need.

Australia-wide services

We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.

Frequently asked questions

Read our most commonly asked questions about the subclass 300 Prospective Marriage Visa.

Can I apply for the subclass 300 Prospective Marriage Visa if I have children?

Yes - if you have a dependent child (under 18 years of age) that you would like to bring to Australia with you, you must include them in your application. You cannot add a family member to your application after your subclass 300 visa has been granted. 

Please contact us to see how we can help ensure a smooth visa application process for your child.

What if my prospective partner and I are part of an arranged marriage, and we have not yet met in person?

While Australia recognises cultural differences in terms of arranged marriages, it is still a requirement for the subclass 300 Prospective Marriage visa that you have met in person at least once prior to lodgement.

Can I extend the subclass 300 Prospective Marriage visa to accommodate our wedding date?

No, the subclass 300 Prospective Marriage visa is only valid for between 9 and 15 months. You will be advised of the visa period when your application is granted. This cannot be extended.

Do we have to get married in Australia?

No, you can choose to get married anywhere, however, you must be married within the visa grant period.

What happens if my relationship has ended before my Prospective Marriage visa is granted?

Unfortunately, there is no pathway for you to obtain the Prospective Marriage visa if your relationship has ended during the application period.

However, if your relationship ends after getting married, and you have since applied for a Partner visa (subclass 820/801), you may still be eligible in the following circumstances: 

  1. You have experienced domestic or family violence 
  2. You have a child with your sponsor
  3. Your sponsor has passed away 

If one or more of the above circumstances applies to you, please get in touch with one of our lawyers who will be able to advise you on your options. 

Once I have my subclass 300 Prospective Marriage Visa, do I have permanent residency?

No, the subclass 300 Prospective Marriage is a temporary visa, allowing you to enter and remain in Australia until you and your prospective spouse are married.

Once married, you will be able to start the process for the permanent Partner visa.

Will I get access to Medicare when I am granted the subclass 300 Prospective Marriage visa?

No, you will only be able to access Medicare after you apply for the Partner visa 820/801. Subclass 820 holders are eligible to access Medicare in Australia, and 801 holders are eligible for full access. Upon receiving an 820/801 grant, please contact Medicare to confirm eligibility specific to your circumstances. Our team is also available to assist you with information.

What happens if my prospective spouse and I get married before my visa application is decided?

Once the Department is notified, your Prospective Marriage visa application transforms into an offshore Partner visa (309/100). Please contact us if this applies to you.  

About the content author

Perry Q Wood
Perry Q Wood
Partner - Principal Migration Lawyer

Perry Q Wood is National President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.

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