The Prospective Marriage visa is a temporary visa which allows the visa holder to enter Australia on the condition that they marry their fiancé, fiancée or de facto partner and then apply for a residence visa onshore.

If you are engaged to be married, you must be able to demonstrate that you plan to get married in Australia or abroad during the validity of the visa.

The Department of Immigration & Border Protection has specified various eligibility criteria which needs to be met in order to make a successful application.

The information provided below should give you a general indication of what is required to make a successful Prospective Marriage visa application.

 

GENERAL REQUIREMENTS FOR PROSPECTIVE MARRIAGE VISA

 

1. Eligibility

You must:

• intend to marry and live as husband or wife with your prospective spouse
• be sponsored by your prospective spouse
• know your prospective spouse and have met in person
• be the opposite sex to your prospective spouse (same-sex couples can apply for a Partner visa based on their de facto relationship)
• meet age, health and character requirements.

 

2. Proof of intent to marry

• Your application must include proof that you plan to marry your prospective spouse within nine months of being granted the visa.
• If you plan to marry outside Australia, you can provide a letter from the person who will perform the wedding ceremony.
• If you plan to marry in Australia, you must complete a undefined document entitled: ‘ Notice of Intended Marriage ‘ Notice of Intended Marriage form and give it to the person who will perform the wedding ceremony. This must be done at least one month, and less than 18 months, before you marry.

 

3. Your sponsor

You must be sponsored by your prospective spouse. They must be at least 18 years of age and either:

• an Australian citizen
• an Australian permanent resident
• an eligible New Zealand citizen.

 

4. Your prospective spouse

You must have met your prospective spouse in person, as adults. You must know them personally.

This applies even if:

• it is an arranged marriage
• you and your prospective spouse met as children and the marriage was arranged before you turned 18 years of age
• you met on the internet (exchanging photographs is not evidence of having met in person).

 

5. Your age

• You must be at least 18 years of age to apply for this visa.

 

6. Health requirements

• You must meet certain health requirements. The results of your health examinations are generally valid for 12 months.
• This applies to all members of your family unit included in your application, whether they are migrating or not.

 

7. Character requirements

• You must meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until we ask you to.
• This applies to you and all members of your family unit listed in your application, whether they are migrating or not. ​​

The Offshore Partner visa is for couples who are located outside Australia at the time the visa application is lodged. In most cases a provisional visa will be granted first, where-after a permanent visa may be granted if the applicant meets the criteria.

This visa category is suitable for a married partner, a de facto partner, or same-sex partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

If granted, this visa will allow a married partner, a de facto partner, or same-sex partner to travel to and enter Australia.

 

GENERAL REQUIREMENTS FOR GRADUATE VISA FOR OFFSHORE PARTNER VISAS

 

1. Eligibility

The applicant must be sponsored and married or in a de facto relationship with:

• an Australian citizen
• an Australian permanent resident
• an eligible New Zealand citizen.
• The relationship must be genuine and ongoing. The applicant and the partner must live together, if they do not, any separation must be only temporary and both parties must freely consent to the relationship.

The applicant must also be older than 18 years of age and not be related to the partner by family. This means the applicant cannot be an ancestor or descendant of the partner, or have a parent in common.

 

2. Married applicants requirements

• It is required under Australian law that your marriage is legal. A marriage in a country other than Australia will generally be accepted as legal if the marriage is valid in that country.
• Under age, polygamous and same-sex marriages are not accepted in Australia, however same-sex couples will be considered as a de facto relationship for the purposes of this visa.

 

3. Sponsorship

De-facto applicants requirements: Usually the de facto relationship must have existed for at least 12 months immediately before the applicant applies for this visa. However, the applicant can be granted a visa without having been in a de facto relationship for 12 months if:

• s/he can demonstrate compelling and compassionate circumstances, such as having dependent children
• the de facto relationship has been registered in Australia (this is not available in all states and territories).

 

The sponsor must:

• be an Australian citizen, permanent resident or eligible New Zealand citizen
• be in a married or de facto relationship with the applicant
• be older than 18 years of age.

The sponsorship might not be approved if the sponsor:

• was sponsored for a Partner or Prospective Marriage visa within the past five years
• has successfully sponsored two people for migration to Australia on a Partner or Prospective Marriage visa
• has successfully sponsored another person for migration to Australia on a Partner or Prospective Marriage visa within the past five years.
• If the prospective sponsor was granted a Contributory Parent category visa after 30 June 2009, s/he cannot sponsor a partner for five years from the date the visa was granted if they were in relationship before the visa was granted. There are some exceptions to this limitation.

 

4. Visa application process

The application is processed in two stages, about two years apart. The first stage grants a temporary visa and the second stage grant a permanent visa. However, a single application is lodged for both the temporary and permanent visas, and a single application fee is charged. Based on the location of the applicant there are two types of Partner visas.

• For offshore applicants: Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)

The temporary Partner visa (subclass 820 or 309) is the first stage towards a permanent Partner visa (subclass 801 or 100 respectively). For Temporary Partner visa, the applicant(s) must be onshore when the outcome of the visa application is decided. Similarly, for Partner (Provisional) visa, the applicant(s) must be offshore when the outcome of the visa application is decided. However, the applicant can be in or outside Australia when the outcome of Permanent Partner/ Partner (Migrant) visa is decided.

In most cases, permanent residence cannot be granted less than two years from the day the initial application is lodge.

 

5. Health requirements

• You must meet certain health requirements. The results of your health examinations are generally valid for 12 months.
• This applies to all members of your family unit included in your application, whether they are migrating or not.

 

6. Character requirements

• You must meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until we ask you to.
• This applies to you and all members of your family unit listed in your application, whether they are migrating or not.

The Onshore Partner visa applies to de facto couples as well as married couples who are located in Australia at the time the visa application is lodged. Usually the Department of Immigration & Border Protection will first grant a two year temporary visa, before granting the permanent residence visa.

This visa is suitable for a married partner, a de facto partner, or same-sex partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

If granted, this visa will allow a married partner, a de facto partner, or same-sex partner to travel to and enter Australia.

 

GENERAL REQUIREMENTS FOR GRADUATE VISA FOR ONSHORE PARTNER VISAS

 

1. Eligibility

The applicant must be sponsored and married or in a de facto relationship with:

• an Australian citizen
• an Australian permanent resident
• an eligible New Zealand citizen.
• The relationship must be genuine and ongoing. The applicant and the partner must live together, if they do not, any separation must be only temporary and both parties must freely consent to the relationship.

The applicant must also be older than 18 years of age and not be related to the partner by family. This means the applicant cannot be an ancestor or descendant of the partner, or have a parent in common.

 

2. Married applicants requirements

• It is required under Australian law that your marriage is legal. A marriage in a country other than Australia will generally be accepted as legal if the marriage is valid in that country.
• Under age, polygamous and same-sex marriages are not accepted in Australia, however same-sex couples will be considered as a de facto relationship for the purposes of this visa.

 

3. Sponsorship

De-facto applicants requirements: Usually the de facto relationship must have existed for at least 12 months immediately before the applicant applies for this visa. However, the applicant can be granted a visa without having been in a de facto relationship for 12 months if:

• s/he can demonstrate compelling and compassionate circumstances, such as having dependent children
• the de facto relationship has been registered in Australia (this is not available in all states and territories).

The sponsor must:

• be an Australian citizen, permanent resident or eligible New Zealand citizen
• be in a married or de facto relationship with the applicant
• be older than 18 years of age.

The sponsorship might not be approved if the sponsor:

• was sponsored for a Partner or Prospective Marriage visa within the past five years
• has successfully sponsored two people for migration to Australia on a Partner or Prospective Marriage visa
• has successfully sponsored another person for migration to Australia on a Partner or Prospective Marriage visa within the past five years.
• If the prospective sponsor was granted a Contributory Parent category visa after 30 June 2009, s/he cannot sponsor a partner for five years from the date the visa was granted if they were in relationship before the visa was granted. There are some exceptions to this limitation.

 

4. Visa application process

The application is processed in two stages, about two years apart. The first stage grants a temporary visa and the second stage grant a permanent visa. However, a single application is lodged for both the temporary and permanent visas, and a single application fee is charged. Based on the location of the applicant there are two types of Partner visas.

• For onshore applicants: Temporary Partner visa (subclass 820) and Permanent Partner visa (subclass 801)

The temporary Partner visa (subclass 820 or 309) is the first stage towards a permanent Partner visa (subclass 801 or 100 respectively). For Temporary Partner visa, the applicant(s) must be onshore when the outcome of the visa application is decided. Similarly, for Partner (Provisional) visa, the applicant(s) must be offshore when the outcome of the visa application is decided. However, the applicant can be in or outside Australia when the outcome of Permanent Partner/ Partner (Migrant) visa is decided.

In most cases, permanent residence cannot be granted less than two years from the day the initial application is lodge.

 

5. Health requirements

• You must meet certain health requirements. The results of your health examinations are generally valid for 12 months.
• This applies to all members of your family unit included in your application, whether they are migrating or not.

 

6. Character requirements

• You must meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until we ask you to.
• This applies to you and all members of your family unit listed in your application, whether they are migrating or not.