A Fiancé or Marriage Visa for Australia typically allows an engaged partner (opposite or same-sex couple) of Australian citizen, Australian permanent resident or eligible New Zealand citizen to enter and reside in Australia.
A Marriage visa is typically granted as a temporary visa; within 9 months of activating the visa the couple must get married. The marriage can take place in Australia or abroad but the applicant must come to Australia first, before getting married.
The type of visa for which you can apply depends on the type of relationship you are in.
If you intend to marry your fiancé you will need to apply for a Prospective Marriage Visa.
Your fiancé (the applicant) should be outside Australia when you submit this visa application.
As evidence you will be required to produce a Notice of Intention to Marry (NOIM).
After the couple have married the next step of the process is to make an application for the 820/801 partner visa.
There is reduced Government visa application charges for the 820/801 visa for those who already hold the prospective marriage visa (subclass 300).
After the 820 is granted the coupe will then become eligible for the final stage - subclass 801 (Permanent Residency)
The basic requirement for a Marriage Visa includes:
You must be engaged or in a de facto relationship (not married)
All Partner (Spouse) visa applicants must be sponsored by their partner who must be at least 18 years of age. To be considered for the Marriage Visa your marriage must be recognised – be legal – under Australian law. All applicants for a partner category visa must have a sponsor. The sponsor must be prepared to sponsor the visa applicant and any dependent family members who are also included in the application and who are also migrating with the applicant. A sponsor must meet a range of legal criteria to be eligible to sponsor their fiancé. As part of the application process, the relationship will be assessed by a case officer. The applicant will be asked to provide personal information and documents to the department; all evidence is handled with strict confidentiality by the Department of Home Affairs.
The case officer is obliged to consider all evidence that has been included during the application process; ensure your evidence complies with current immigration regulations. Remember the case officer is not obliged to request additional information about your relationship; in some cases they may make a decision based on what you have provided to date.
You will be notified directly about the decision, with the opportunity to move onto the next step.
How Long To Have My Prospective Marriage Visa Processed?
Prospective Marriage Visa processing times vary depending on a number of factors. When you use a Registered Migration Agent we like to submit a decision ready application with all required documents included in your application from day one. Not only does this strategy speed up the decision process but it will significantly improve your chance of success.
We have a 100% success record with the Prospective Marriage Visa; we are specialist in this area. In our experience, most subclass 300 Prospective Marriage visa applications are processed within 6 to 12 months. In unusual circumstances (if your case is a little complicated) expect to have your visa application decided in 12-18 months.
For the best chance of success do not hesitate to contact Visa Crew - we are always here to help you.
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