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This visa might be for you if you are from overseas, would like to enter Australia, and marry your fiancé, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. This is a temporary visa that remains valid for 9 months from the date the visa is granted. After you marry your fiancé, you may then apply for a Partner visa when you are in Australia. You will have to complete another application form and pay a visa application charge. At each stage of the process, your relationship with your partner will be assessed.
How do you apply for a Prospective Marriage Visa
- You must be sponsored by your fiancé who is an Australian citizen, permanent resident or an eligible New Zealand citizen;
- You must be 18 years of age or over;
- You must be of the opposite sex to your intended spouse;
- You must have met your fiancé as adults and known him or her, even if it is an arranged marriage, you and your fiancé met as children and the marriage was arranged before you turned 18 years of age or you met on the internet;
- You have no impediment to marrying your fiancé because you are both free to marry, you are both of marriageable age and your intended marriage will be recognized under Australian law;
- You genuinely intend to marry your intended spouse;
- You genuinely intend to live with your fiancé as husband and wife; and
- You must meet health and character requirements.
(These are general instructions only, please contact a Migration Agent for advice on your personal situation).
Notice of Intended Marriage (NOIM)
If you apply for a Prospective Marriage Visa, it is your intention to get married in Australia after you arrive in Australia. One of the documents you need to submit with your application is a Notice of Intended Marriage. This would come from an authorised Marriage Celebrant who will marry you in Australia. This should be completed at least 1 month and 1 day, but no more than 18 months, before your preferred date of marriage. Your sponsor should contact the Registry of Births, Deaths and Marriages in the state or territory where you intend to get married, to enquire the processing and lodging of the NOIM.
The NOIM will include the date on which the planned marriage ceremony may take place. This should be set far enough in the future to allow for the time it takes to process your visa application. If you are granted a Prospective Marriage visa, your marriage can take place either in or outside Australia, but you must have entered Australia at least once on the Prospective Marriage visa before your marriage takes place. Your wedding must be held within the 9-month validity period of your visa.
Assurance of Support (AoS)
An Assurance of Support is a commitment by the sponsor to provide financial support to you so that you will not have to rely on any government form of support during your initial settlement in Australia. It is also a legal commitment by your sponsor to repay the Australian Government any recoverable social security payments made by Centrelink to those covered by the assurance. The AoS is in force for 2 years from your arrival in Australia and covers you and any dependants included in your application. It is required if your sponsor is unemployed or receiving a pension and you will likely become a high user of Australia’s social security system. Your sponsor may not be your assurer but may choose a person who is more capable to undertake this responsibility. The Department will decide if you need to secure an AoS but it is Centrelinkwhich is responsible for receiving and assessing all AoS applications.
(These are general instructions only, please contact a Migration Agent for advice on your personal situation).
Requirements for a Prospective Marriage visa
Once you have all the necessary documents and evidences, you or your Migration Agent will be able to lodge your application for a Prospective Marriage visa. Below are the forms and supporting documents you have to submit:
- You have to complete and sign Form 47SP Application for migration to Australia by a partner – it has to be signed by all persons included in the application who is aged 18 years or over, and migrating with you;
- Your sponsor must complete and sign Form 40SP Sponsorship for a partner to migrate to Australia;
- If there are dependent children aged 18 years or over, whether they are migrating or not, a Form 47A Details of child or other dependent family member aged 18 years or over should be completed and signed;
- You must pay the visa application charge which is currently AU$1735 or its equivalent in the currency of the country where you will lodge your application;
- You must provide evidence that your sponsor is aged 18 years or older and is an Australian citizen, permanent resident or an eligible New Zealand citizen;
- You must include a statement from your sponsor regarding any other sponsorship he has given for a Spouse, Partner, Prospective Marriage or Interdependency visa, or any other person he has signed an Assurance of Support;
- Your sponsor must provide an AFP National Police Check if he has spent a total of 12 months or more in Australia and police certificates from each country he has lived for 12 months or more in the last 10 years, if there is a child under 18 years of age included in the application;
- You must provide certified copies of passports or travel documents of all people included in your application;
- You must submit a certified copy of your birth certificate showing both your parents’ names, your date of birth and where you were born – if you do not have a birth certificate, you must provide a certified copy of your passport, family book showing both parents’ names, your baptism certificate, government-issued ID or a document issued by a court that verifies your identity;
- You must include four recent passport-size photos of yourself and any other person included in your application – you should print the name of the person on the back of each photo;
- You must include two recent passport-size photo of your fiancé;
- You must submit certified copies of a marriage certificate or registered relationship certificate if you, your fiancé or anyone included in your application is or has been married or in a registered relationship.;
- You must submit certified copies of a separation certificate, divorce paper or death certificate of the deceased partner if you, your fiancé or anyone included in your application has been permanently separated, divorced or widowed;
- If you, your fiancé or anyone included in your application has changed his or her name by marriage or deed poll, you must submit a certified copy of evidence of name change;
- You must provide certified copies of birth certificates or family book showing names of both parents, for all children indicated in your application;
- If any child included in your application is adopted, a certified copy of the adoption papers must be included;
- If there are any dependent children aged 18 years or over or any other dependent relatives included in your application, you must provide evidence of their dependency on you;
- You should provide evidence that you and your fiancé have met personally as adults, and have known each other’s personal details;
- You should provide evidence that you intend to marry your fiancé within nine months of being granted the visa – you should submit a NOIM;
- Evidence that you and your fiancé genuinely intend to live in a married relationship should be provided;
- You and your fiancé should provide written statements detailing the history of your relationship like how, when and where you met, when you became engaged, any joint activities and your future plans as husband and wife;
- You should include receipts to prove that you have undertaken medical examination with a Panel Doctor of the Department;
- You should include a police clearance to meet the character requirements.
You may now lodge your application together with the supporting documents, for a Prospective Marriage Visa (subclass 300) by post, courier or in person with any Immigration Office near your area.
(These are general instructions only, please contact a Migration Agent for advice on your personal situation).
What happens after you lodge your application
After you lodge your application, you will be informed by a Case Officer of the Department when they have received your application. If you are requested to attend an interview, you must bring your passport and other outstanding documents with you. Your application will be assessed at the interview and a decision may be made at this time. Or additional evidences may be asked also.
If there are any changes in your circumstances like your address, you must inform the Department, in writing. You must also advise the Department if your family composition has changed.
If your visa is approved, you will receive a letter from the Department advising your Visa Grant Number, the validity date of your visa, the visa conditions including a specified initial entry date and the full details of what you must do next. You will be advised of the date you are required to enter Australia and this is usually the same as the expiry date for the validity of either your health or character checks, whichever is the earlier. I general you must enter Australia and, after that entry, marry your fiancé within 9 months of your visa grant, then lodge an application for a Partner visa in Australia. You must ensure that you have made your initial entry to Australia on your Prospective Marriage visa before you marry your fiancé and that you marry your fiancé while your Prospective Marriage visa is still valid. The marriage can take place either in or outside Australia provided you have entered Australia on your Prospective Marriage visa at least once before the marriage takes place.
But if the visa is refused, the Department, in a letter, will advise you the reasons for the refusal, your review rights and the time limit for lodging an appeal.
If you do not marry your fiancé within the 9-month period of the Prospective Marriage visa, you may not be able to remain in Australia and apply for a Partner visa onshore. Your visa may be cancelled and, if you are in Australia, you will have to leave Australia.
(These are general instructions only, please contact a Migration Agent for advice on your personal situation).
