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2023-2026年度最受信賴澳洲移民法律事務所得主
2023 年、2024 年和 2025 年移民法排名第一

獲評為 2023、2024、2025 及 2026 年頂尖移民律師

獲評為 2024 & 2025 年最佳移民法律事務所

重點摘要
The Prospective Marriage Visa (Subclass 300) is a temporary visa that allows the fiancé of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to travel to Australia to marry their prospective spouse. It is sometimes referred to as the fiancé visa.
The visa grants a stay of up to 15 months. The marriage must take place within the visa period granted, which is specified at the time of grant. The marriage does not have to occur in Australia and may take place anywhere, provided it is legally valid. Once married, the visa holder may apply onshore for a Partner Visa (Subclass 820/801), which is the pathway to permanent residency in Australia.
The Subclass 300 is an offshore visa only. The applicant must be outside Australia at the time of lodgement and outside Australia when the visa is granted. Applicants who are already in Australia are not eligible for this pathway.
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The prospective marriage visa suits couples who are not yet married and where one partner is living outside Australia. It is a relevant option for couples who do not yet meet the 12-month cohabitation requirement for a de facto Partner Visa, as the Subclass 300 does not carry that requirement. What it does require is a genuine intention to marry within the visa period and evidence that the relationship is genuine.
It is also an option for couples in long-distance relationships who have not lived together but wish to settle in Australia once married. The applicant must have met their prospective spouse in person at least once prior to lodging the application. This requirement applies even in the case of arranged marriages.
Same-sex couples are eligible to apply on the same basis as opposite-sex couples, and the subsequent Partner Visa (Subclass 820/801) pathway is equally available to them.
To lodge a valid application for the Prospective Marriage Visa (Subclass 300) in Australia, applicants must satisfy all of the following requirements under the Migration Act 1958 and the Migration Regulations 1994:
The applicant must be outside Australia at the time of application and at the time of grant. The applicant must have met their prospective spouse in person at least once. Both parties must genuinely intend to marry within the visa period granted and to live together as a married couple. Both the applicant and the sponsor must be free to marry under Australian law. The applicant must be 18 years of age or older, with limited exceptions. Health and character requirements apply.
The sponsor must also meet eligibility requirements. Sponsorship limitations apply under the Migration Regulations 1994: a sponsor must not have previously sponsored more than one other person for a partner or prospective marriage visa, and must not have sponsored a partner or prospective spouse for migration within the previous five years, unless compelling circumstances exist.
Once the Prospective Marriage Visa (Subclass 300) is granted, the visa holder may enter Australia and begin planning the marriage. The marriage must take place within the visa period granted. During this time, the visa holder may work without restriction, study, and travel in and out of Australia freely within the visa period.
Visa Condition 8519 requires the marriage to take place during the validity period of the visa. The visa cannot be extended, and a further Prospective Marriage Visa cannot be granted. If the marriage does not take place within the visa period, the holder will be required to depart Australia.
Once married, if the couple intends to settle in Australia, the next step is to apply for a Partner Visa (Subclass 820/801) before the Subclass 300 visa expires. Subclass 300 holders who proceed to the Partner Visa (Subclass 820/801) are eligible to pay a reduced government application charge at the time of lodgement, provided the application is made before the Subclass 300 visa expires and after the marriage has taken place. Medicare access generally becomes available once the Partner Visa (Subclass 820/801) application has been lodged.
If the applicant marries their prospective spouse before the Subclass 300 application is decided, the application can be converted to an offshore Partner Visa (Subclass 309/100) upon notifying the Department of Home Affairs. No additional visa application charge is payable for the conversion. However, conversion changes the visa pathway and the evidence requirements that follow, and the specifics of the situation will determine whether it is the appropriate course of action. Legal advice should be sought before taking this step.
If the relationship ends while the application is being processed and before the visa is granted, the applicant is no longer eligible for the Prospective Marriage Visa and the application will ordinarily be refused. There is no equivalent special circumstances provision at the Subclass 300 stage. The protections that exist for applicants in changed circumstances apply within the Partner Visa (Subclass 820/801) pathway, once the relationship has progressed to the point of marriage.
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The government application charge for the Prospective Marriage Visa (Subclass 300) is $11,710 for the primary applicant (effective 1 July 2026). Where secondary applicants are included, an additional charge applies: $5,860 per additional applicant aged 18 or over, and $2,935 per additional applicant under 18. These figures are set by the Department of Home Affairs and are subject to change.
The full amount is payable at the time of lodgement. Split payments are not accepted. Accepted payment methods include debit and credit card, PayPal, UnionPay, and BPAY. Professional fees payable to Australian Migration Lawyers for preparing your application are separate from the government charge and vary depending on the complexity of the case.
If you proceed to the Partner Visa (Subclass 820/801) after marrying, you are eligible to pay a reduced government application charge at that stage, provided the Subclass 820/801 application is lodged before your Subclass 300 visa expires.
Processing times vary depending on the evidence provided, the complexity of the application, and the Department of Home Affairs’ current caseload. The Department continues to prioritise aged, compassionate and compelling applications, which affects current processing times across the queue.
According to the Department of Home Affairs’ Global Visa Processing Times guide, 50% of Subclass 300 applications are currently processed within 14 months, and 90% are processed within 26 months. For the most current figures, refer to the Department of Home Affairs’ Global Visa Processing Times page directly, or contact our migration lawyers for guidance.
Dependent children under 18 years of age must be included in the Subclass 300 application before it is decided. Family members cannot be added after the visa is granted. An additional government application charge applies for each secondary applicant included.
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The Prospective Marriage Visa (Subclass 300) application requires careful preparation of relationship evidence and compliance with the Department of Home Affairs’ requirements. Applications that are incomplete or that do not sufficiently demonstrate the genuineness of the relationship and the intention to marry are at risk of refusal.
At Australian Migration Lawyers, our team of migration lawyers guides applicants through every stage of the process, from eligibility assessment and document preparation through to lodgement and responding to any requests for further information from the Department of Home Affairs. We act in accordance with the Migration Act 1958 and our legal obligations to ensure each application is lawfully prepared. We also work with Australian Translation Services to ensure all foreign language documents are translated into Australian English as required.
If you are considering a Subclass 300 Prospective Marriage Visa application, contact Australian Migration Lawyers today. Book a free consultation with one of our qualified migration lawyers to discuss your circumstances. In-person, video, and telephone consultations are available.


尼克擁有 15 年美國法律及公共行政領域的經驗,其後又從事 5 年澳洲移民法實務工作,因此作為一名澳洲移民律師,他能將深厚的跨司法管轄區法律專業知識運用於其工作中。
尼克持有佛羅里達州立大學政治學文學士學位(2000年)、聖托馬斯大學法學院法學博士學位(2004年),以及佛羅里達州立大學公共行政碩士學位(2007年)。 自2006年起成為佛羅里達州律師協會會員,並於2007年取得哥倫比亞特區上訴法院律師資格。在2021年遷居墨爾本前,他已建立卓越的國際法律事業。
在拉籌伯大學(La Trobe University)及法律學院(The College of Law)完成澳洲法律學業後,他於2022年獲維多利亞州最高法院核准成為澳洲律師。其後,他取得執業律師編號5513285,並以此從事移民法相關業務。他是維多利亞州律師公會(Law Institute of Victoria)的會員。
尼克針對各類移民事務提供專業指導。由於他本人也曾親身經歷過移民流程,因此不僅具備專業知識,更能真切體會客戶在整個過程中所經歷的一切。
尼克為全國各地的客戶提供服務,包括墨爾本、雪梨、布里斯本、珀斯和阿德萊德,並提供全方位的支援。
他曾代表當事人參與行政覆核審裁處(ART)的聽證程序,並將其在審裁處的辯護經驗運用於複雜且具爭議性的移民案件中。
在工作之餘,尼克喜歡閱讀、旅行,以及探索墨爾本的咖啡文化。
法律免責聲明:由「澳洲移民律師」發布的文章及部落格貼文僅提供一般性資訊,並不構成移民或法律建議。閱讀此內容並不構成律師與客戶之間的關係,且任何依賴此內容的行為,風險均由您自行承擔。由於移民法規經常變更,在做出任何移民決定或提出申請之前,請諮詢註冊的澳洲律師,以獲取針對您具體情況量身訂製的專業建議。
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