Prospective Marriage Visa

 

What’s Your Love Story?

 

So, the time has come to take your relationship to the next stage.

You have met the “love of your life”,  you’re ready to settle down, live together and marry.   You may have visited them a few times or many times and they have just said yes to your wedding proposal.   After all these years, you just know they are the “right one”.    

Maybe you already have children together, you may or may not have property together in their country of origin, you may or may not already have joint bank accounts, you may or may not be sending money to help them financially.  

You may have already met their family Overseas and they have given their agreement to your wedding with the person you want to spend the rest of your life wife.  They may or may not have met your family in person but have probably met on Zoom or Skype.   

Your relationship is unique to you and though there are thousands of other love stories, the common factor is the need to find the best Aussie Visa Solution that allows you to sponsor your Fiancée so they can come to Australia, you get married and then live together in Australia.

Whilst your individual story is a huge part of your relationship, it’s important to realise that DOHA’s perspective is very different, and their priority is to ensure your visa application meets the stringent Australian Immigration regulations.

 

 

 

Our experience has shown that whilst most Australian citizens or permanent residents know they have the “right” to sponsor their Fiancée, they do not fully understand how they can meet the  Prospective Marriage visa criteria.

A big part of our role as experienced migration agents is to work together with our clients to ensure that they understand the “How” to meet Australian government Prospective Marriage  visa requirements, as well as removing as much stress and anxiety as possible over the visa process.   Whilst we cannot walk in your shoes, we will work together as a team, supporting & guiding you both throughout the visa process.

 

 

What is the Prospective Marriage Visa?

 

The Prospective Marriage visa is part of the Family Stream of Australian migration program, and its purpose is to allow the Fiancée  of an Australian citizen or permanent resident or eligible New Zealand citizen to travel to Australia so that they can be married.    Same sex couples are unable to apply under this Visa and will need to look at their eligibility under the Partner Visa.

Your marriage must take place within nine months of the visa grant date.    However due to closure of the International Borders case officers may now use their discretion to extend this period to fifteen months from the date of the visa grant.

It is also necessary for you and your fiancé must:

And meet the Australian Medical and Character requirements.

 

 

How does the Prospective Marriage Visa work?

 

The Prospective Marriage visa or sometimes what is known as the “Fiancée visa” allows the holder to enter Australia, marry their Australian Fiancée i.e. the Sponsor and then apply for an Onshore Partner Visa i.e., the subclass 820/801 visa.

It can only be applied for and granted Offshore.   This means that the applicant must be outside of Australia at the time of application and time of decision of the Prospective Marriage visa.

The Prospective Marriage visa is basically a three stage Visa process:

  1. Prospective Marriage Visa subclass 300
  2. Onshore Partner Visa subclass 820 – Apply when married and inside Australia.
  3. Onshore Partner visa subclass 801 – Apply two years from the date of application of the 820.

 

 

Once your Prospective Marriage visa is granted i.e., subclass 300 you are entitled to:

The Subclass 300 visa allows you to enter Australia and marry your Australian Sponsor within a specific time frame.    Holders of the subclass 300 visa are not permitted to marry their sponsors before their first entry into Australia.   However, you can  travel in and out of Australia within the validity of your subclass 300 visa , which means that you could do not have to get married in Australia.

Unless there are compelling circumstances, Sponsors are only able to sponsor two people in a lifetime, which must be at least five years apart.   Sponsors also must meet various Character requirements including being convicted of a relevant offence and having a significant criminal record.

 

 

 

How much is the Prospective Marriage  visa?

 

This visa pathway is a three stage process and there are two Visa application fees to be paid.

  1. The base visa application charge i.e., the VAC for the Prospective Marriage visa is paid at the time of application.
  2. Once your subclass 300 visa is granted and you marry,  you should then lodge your  ONSHORE PARTNER visa application.   Ie subclass 820/801 before the expiry of your subclass 300 visa.

As of 1st July, 2021 the Immigration Partner Visa Application charge is $7,850.   Children over 18 years of age  $3,930 and children under 18 years of age $1,965

In addition to the subclass 300 visa application charge, when applicants lodge the Onshore Partner Visa (subclass 820/801) the additional fees of $1,660 and $830 for applicants over 18years of age and $415 for applicants under 18 years of age.

It is important that sponsors and applicants meet both “at time of application” and “time of decision” criteria because the visa application is charge is non-refundable.     This means that IF your application is refused or you withdraw the application prior to a decision,  DOHA will keep your money.

 

 

What is a genuine and continuing relationship?

 

When determining whether a Relationship meets the Prospective Marriage visa requirements, the Case Officer,  who is delegated to make decisions on behalf of the Minister,  will assess whether the couple:

This assessment is undertaken in several ways and the Case Officer will consider all the circumstances of a relationship, including:

Applicants need to provide evidence covering each of the above areas of your relationship.  Couples are also required to prepare personal Relationship Statements and well written Form 888’s from key family members and friends in support of your application.

Your individual love story may be slightly different,  so it you may need to think outside of the box when you are putting together the documentary evidence of your relationship.    You need to be aware that the responsibility is on you to provide sufficient, relevant, and appropriate evidence of their relationship,  so that DOHA can make a fully informed decision on your visa application.

After successfully managing hundreds of Prospective Marriage Visa Applications, we can make practical & helpful suggestions about the type of documentation you can provide evidencing that your relationship is genuine and ongoing.

 

 

Where to now?

 

The Fiancée or Prospective Marriage visa regulations and policy are complex, and the process requires a significant amount of time, effort, and co-ordination.    It is in your best interests to lodge a visa application that is well documented, with supporting evidence of your relationship which represents your relationship.

You must make a decision whether you lodge your Visa Application yourself or use a Registered Migration Agent.

The visa process can be a confusing, stressful, overwhelming, and expensive process which can often give people a sense of helplessness and feelings of being out of control.    It is your responsibility to ensure that you meet the criteria and  if your visa application is refused you are not entitled to a refund of your visa application fee.

As Registered Migration Agents, we are legally required to act in the best interests of our  clients.  Using a Registered Migration Agent therefore maximises your chances of a successful outcome, as you are dealing with a professional with proven knowledge of Australian migration law and practice.  You can also save a lot of time because  a Registered Migration Agent will take responsibility for seeing that your visa   application is prepared accurately, and the correct documentation is submitted.

A registered migration agent can’t help you obtain an Australian visa if you don’t:

A significant part of our role is to consider your personal circumstances and recommend the best visa option for you.   We understand the complex regulations & policy and how the fine details can significantly impact on your application, bringing together many years of migration experience and practical understanding of the visa process.       If you would like more information about the professional standards and regulatory requirements for registered migration agents check out this page.

We will:

Aussie Visa Solutions have been providing a  provide a professional and confidential migration service that is responsive to Corporate and Individual migration needs since 2007 and have been specialising in Partner & Prospective Marriage Visas since 2019.      They understand the stringent visa requirements of the Australian government and operate with a high level of integrity, meaning that your application will be given the highest level of personal attention and service.

Amy & Julie believe that each couple is unique, and they will listen to your Love Story,  review your personal circumstances, and advise you on the best visa pathway to suit your personal situation.

We offer a personalised, flexible visa service which ensures that you receive personalised service, and management of the process.

When you are ready for a chat Contact us.

 

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