Prospective Marriage Visa (Provisional) Subclass 300

The Prospective marriage visa is also known as a fiancé visa, which allows people to come to Australia to marry their prospective spouse within 9 9-month validity period.

The requirement for a prospective marriage visa (subclass 300) requires that your fiancé must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. This visa must be applied for offshore.

This visa a temporary visa and is the first step in applying for permanent residency in Australia. Your visa application must be lodged offshore and you will need to be outside of Australia when your is granted.

Eligibility

To be eligible for this visa, you must:

• intend to marry your prospective spouse

• have met and know your prospective spouse

• be at least 18 years of age

• You and your fiancé must meet a set of relationship criteria:

  • You know and have met each other physically since turning 18

  • Not related

  • Are engaged to marry each other

  • Intend to, and will marry each other within the visa’s nine-month validity period

  • Intend to live in a genuine spousal relation as husband and wife

  • Not married to anyone else at the time, a decision regarding your visa application is made

• Meet Australian health and character requirements

• Have no outstanding debts to the Australian Government

Sponsor

A sponsor must:

• Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

• Be 18 years old or older

• meet character requirements

If you are under 18 and you are married to the applicant, your parent or guardian might be able to sponsor your partner if they are an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

Australian permanent resident or an eligible New Zealand citizen sponsor must usually live in Australia. If a New Zealand citizen is not eligible to be a sponsor, consider a New Zealand citizen Family Relationship visa (subclass 461)

Sponsor Obligations

AS a sponsor, you accept responsibility for:

• money that your prospective spouse owes the Australian government

• Your prospective spouse's obligations to their employment in Australia

• Your prospective spouse's compliance with the conditions of their visa

All family visas:

General information

The Australian Family migration streams offers a range of visas for eligible Australian relatives to chose from. These include; provisional and aged parents visas, remaining relatives visas, aged dependant relatives visa, contributory parent and aged parent visas, and child visas.

Each of the visas listed above provides applicants with the opportunity to be reunited with their international family members, provided they are a close family relative who meets the eligibility criteria and sponsors them.

New Zealand Citizen Family Relationship (Temporary) subclass 461

This visa allows a non-New Zealand family member of a New Zealand citizen to live and work in Australia for up to five years.

This visa is for de fact, spouses and children of a New Zealand citizen who wish to live and work in Australia, because it provides applications that have full work and travel rights for up to five years and is renewable upon its expiration.

Eligibility

To qualify for this visa, you must:

• not be a New Zealand citizen

• be an eligible family member of a New Zealand citizen

• be an eligible family member of someone living in Australia on a Special Category visa (subclass 444) or be travelling to Australia with a family member who will be granted a Special Category visa (subclass 444) on arrival

• You and all your family members included on your application meet the certain health and character requirements

• have your health insurance, as you will not be covered by Australia’s national health scheme (Medicare) unless your country has a reciprocal health care agreement with Australia

• have no outstanding debts to the Australian Government

You must be related to a New Zealand citizen as one of the following:

• their partner

• their child/step-child or their partner’s child/step-child

• the dependent child of you or your partner’s child/stepchild

Partner visa –subclasses 820/801 and 100 309

The Partner visas (subclass 820 and 801) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.

As a part of two-stage process, successful applicants are initially granted a Provisional 820 or 309 visa (depending on their location) and are reassessed two years later for the Permanent 810 or 100 visa. Both visas are applied for in the same application, however, in certain circumstances, you may be eligible to apply under the Permanent subclass.

Subclass 820

The temporary Partner visa (subclass 820) is granted first and lets you stay in Australia while the permanent Partner visa (subclass 801) is processed. To apply for an 820 visa, you must be in Australia when you are applying for this visa. If you are outside Australia, you may be able to apply for the Partner Visa Subclass 309 visa, which has similar requirements to the onshore visas described here

Eligibility

To qualify for this visa, you must be married or in a de facto relationship with:

• An Australian citizen

• an eligible New Zealand citizen

Your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age. If you were married outside of Australia, and your marriage is valid in that country, it will usually be considered legal under Australian law. Non-recognised marriages in Australia would include same-sex marriages, underage or polygamous marriages.

If you are in a de facto relationship, you must demonstrate that your de facto relationship has existed for at least 12 months before applying for the visa.

You must have been in a de facto relationship for at least 12 months

Note: Same-sex couples can apply under this subclass and use the same criteria

If you are in either a marital or de facto relationship, you must show a mutual commitment to a shared life as husband and wife ( or as de facto partners), to the exclusion of all others:

• You and your partner must be living together or, if not, any separation of living arrangements must only be temporary;

• You must have a genuine and continuing relationship with your partner; and

• You must comply with certain health and character requirements

Second stage of the Partner visa process

Once you have secured your 820 or 309 visas, you will then be able to apply for your permanent 801 or 100 visa. When applying for your permanent visa, you must continue to be in a spousal or de facto relationship, unless you are subject to special circumstances, which resulted in your relationship ending. In addition to this, you must have complied with all Australian laws while you were on your temporary visa.

Other requirements for a Spouse Visa- Onshore and Offshore

You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations. Usually, the sponsor is your partner and is over 18 years old.

You and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.

Sponsor

You must have a sponsor, who will be your partner, except if your partner is under 18 years of age.

Your sponsor must:

• be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

• be 18 years old or older

• not have a relevant offence and a significant criminal record

If your partner in Australia is under 18 and you are married to them, your partner’s parent or guardian might be able to sponsor you if they are an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

Australian permanent residents or eligible New Zealand citizen sponsors must usually live in Australia.

Eligible New Zealand citizen sponsors might also need to have a health check.

Sponsor Obligations

For two years after your partner is granted their Partner visa (subclass 820), you must help them and their children by providing:

• accommodation

• financial assistance, including English language courses, if needed

• other support such as child care, if needed

All family visas:

General information

The Australian Family migration streams offers a range of visas for eligible Australian relatives to chose from. These include; provisional and aged parents visas, remaining relatives visas, aged dependant relatives visa, contributory parent and aged parent visas, and child visas.

Each of the visas listed above provides applicants with the opportunity to be reunited with their international family members, provided they are a close family relative who meets the eligibility criteriaand sponsors them.

Parent visas

Child visa

Aged Dependant Relative visa

Permanent Contributory Parent visa

Temporary Contributory Parent visa

Permanent Aged Parent visa

Contributory Aged Parent (permanent) visa

Contributory Aged Parent (Temporary) visa

Parent visas – Subclass 103

This visa allows parents of a settled Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia permanently.

There can be long waiting times of up to 30 years for this visa.

Eligibility

To be qualified and gain permanent residency through the 103 visa, you will need to meet the following requirements:

• have an eligible sponsor who is willing to provide support for at least two years

• be eligible to obtain a two-year Assurance Support- a legal document that assures the Australian Government that you will not rely on the government for two years, after you enter Australia on the visa

• meet the health and character requirements

• meet the balance-of-family test by having:

• at least half of your children residing permanently in Australia; or

• The majority of your children reside permanently in Australia.

Balance-of-Family Test

You must meet the balance–of–family test. This means that:

• At least half of your life is spent permanently in Australia

• More of your children live permanently in Australia than in any other country.

Sponsor

This visa parent subclass 103 is a sponsorship-based visa, which means that applicants must be sponsored by their child, or spouse of one of their children. It is preferred that your sponsor is above the age of 18 and is a settled Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen, however, there are circumstances where a child under the age of 18 can be applicant’s sponsor.

Other Option for Sponsorship

The government also allows community organisations to sponsor the applicant’s application if:

• Your child and the organisation have a relationship

• The senior representative of the organisation agrees to sponsor you

• The organisation is lawfully established in Australia

• The organisation has been operating in Australia for at least one year

The organisation is financially stable