Prospective Marriage Visa (Subclass 300) | PV Lawyers

Overview

The Prospective Marriage visa (subclass 300) allows you to travel to Australia to marry your prospective spouse who is an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa is a temporary visa that provides a pathway to permanent residence through the Partner visa.

The visa is designed for couples who intend to marry and live in Australia together. You must marry within 9 months of arriving in Australia, after which you can apply for an onshore Partner visa (subclass 820/801) to remain permanently.

This visa is only available to couples who intend to marry in a legally recognised marriage ceremony. De facto couples who do not intend to marry should consider the Partner visa instead.

Visa Conditions

The Prospective Marriage visa has specific conditions that visa holders must comply with:

Marriage requirement

You must marry your prospective spouse within 9 months of first entering Australia on this visa. The marriage must be legally valid under Australian law.

Visa duration

The visa is valid for 9 months from the date of grant or 9 months from the date you first enter Australia, whichever is earlier. After marriage, you will need to apply for a Partner visa to remain in Australia.

Work and study rights

While on the Prospective Marriage visa, you have full work and study rights in Australia. You are also entitled to access Medicare.

Travel

You can travel in and out of Australia during the validity of your visa. However, the 9-month period for marriage continues regardless of whether you are in Australia.

Key Requirements

To be eligible for the Prospective Marriage visa, both the applicant and the sponsoring partner must meet specific requirements.

Applicant requirements:

Intend to marry your prospective spouse (who must be an Australian citizen, permanent resident, or eligible New Zealand citizen)
Have met your prospective spouse in person and be known to each other personally
Be at least 18 years of age
Be outside Australia when the visa is granted
Meet health and character requirements
Genuinely intend to live together as spouses after marrying

Sponsor requirements:

Be an Australian citizen, permanent resident, or eligible New Zealand citizen
Be at least 18 years of age
Not have sponsored more than two partners for visas (limits apply)
Not be barred from sponsoring due to previous sponsorship issues or certain criminal convictions

The relationship must be genuine, and you must have a genuine intention to marry and live together as spouses in Australia.

Relationship Evidence

Demonstrating a genuine relationship and intention to marry is central to the Prospective Marriage visa application. The Department will consider:

Personal knowledge

You must have met in person and be personally known to each other. Evidence of meetings, time spent together, and knowledge of each other's personal circumstances is important.

Communication history

Records of ongoing communication, such as messages, calls, and video chats, demonstrate the continuity and development of your relationship.

Plans for marriage

Evidence of wedding plans, such as venue bookings, invitations, or cultural arrangements, supports your intention to marry within the required timeframe.

Commitment to the relationship

Statements and evidence demonstrating your commitment to a shared future together help establish the genuineness of your relationship.

Meeting through family or community

If your relationship developed through family arrangements or community connections, evidence of those circumstances is relevant to your application.

Our immigration lawyers can advise on how to present your relationship evidence effectively.

Pathway to Partner Visa

The Prospective Marriage visa is designed to be a stepping stone to permanent residence in Australia through the Partner visa pathway.

After marriage

Once you marry your spouse in Australia within the 9-month period, you become eligible to apply for the onshore Partner visa (subclass 820/801).

Partner visa application

The Partner visa application is a separate application with its own requirements and fees. You must lodge the application while holding a valid visa — typically while still on the Prospective Marriage visa or on a Bridging Visa if your Prospective Marriage visa has expired.

Bridging visa

If your Prospective Marriage visa expires before a decision is made on your Partner visa application, you will generally be granted a Bridging Visa to allow you to remain lawfully in Australia.

Permanent residence

The Partner visa follows the standard two-stage process. The temporary visa (subclass 820) is assessed first, followed by the permanent visa (subclass 801) after the relevant waiting period.

Planning your visa pathway carefully is important to ensure you remain lawful in Australia and meet all requirements.

How We Can Assist

The Prospective Marriage visa requires careful preparation and attention to the specific requirements of both the visa itself and the subsequent Partner visa pathway.

Our services include:

Assessing your eligibility for the Prospective Marriage visa
Advising on relationship evidence and how to present your case effectively
Preparing and lodging your visa application with comprehensive supporting documentation
Advising on sponsor eligibility and any issues that may affect the application
Responding to requests for further information from the Department
Advising on the transition to the Partner visa after marriage
Assisting with the Partner visa application

Every relationship is different, and the evidence required will vary depending on your circumstances. Contact us to discuss your specific situation and how we can assist with your Prospective Marriage visa application.

Frequently Asked Questions

If you do not marry within 9 months, your Prospective Marriage visa will expire and you will need to leave Australia unless you hold another valid visa. It is important to plan your wedding timeline carefully and seek advice if there are any delays.

Yes, the Prospective Marriage visa grants full work and study rights in Australia. You are also entitled to access Medicare during the validity of your visa.

Yes, you must have met your prospective spouse in person and be personally known to each other. Evidence of your meeting and time spent together is required as part of the visa application.

No, you must be married before you can apply for the Partner visa (subclass 820/801). The Prospective Marriage visa is specifically for those who intend to marry but have not yet done so.

Relationships that developed through family arrangements or introductions are accepted, provided the relationship is genuine and you have met in person. Evidence of how the relationship developed and your genuine commitment to each other is important.