Let's delve into the world of Subclass 300, commonly known as the Prospective Marriage visa!
Designed for couples who are engaged but not yet married or in a de facto relationship, this visa offers a pathway to join your Australian partner.
To be eligible, you must meet specific criteria:
You must be engaged to an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
Intent to marry within nine months of visa grant and reside together thereafter as a married couple.
Both parties must have met in person and be personally known to each other.
Generally, both you and your fiancé must be 18 years or older.
Meet health and character requirements.
Upon approval of the subclass 300 visa, you gain several privileges:
Entry into Australia before marriage to your prospective spouse.
Multiple entries and exits from Australia within the nine-month validity period.
Unrestricted work rights in Australia.
Opportunity to study in Australia, though government funding for tertiary study is not accessible.
Eligibility to apply for a Partner Visa (Subclass 820) upon marrying your fiancé within nine months, whether in Australia or overseas.
It's essential to note that the Subclass 300 visa is an offshore visa, meaning you must apply from outside Australia and be outside Australia when the visa is granted.
Many couples opt for the Subclass 300 visa and subsequently apply for a tourist visa. However, confusion arises when the visa is granted while the applicant is in Australia. Fortunately, the system has built-in safeguards. If the fiancée is in Australia when their visa is due for approval, the Department of Home Affairs automatically recognizes their presence. In such cases, Home Affairs notifies the applicant to leave Australia before the visa is granted. Upon notification, the applicant has at least seven days to arrange departure. Once the visa is granted, they may re-enter Australia.
A crucial rule of the Prospective Marriage visa is not to marry before visa grant. But what if you decide to marry before the visa is finalized? Fortunately, there's a provision allowing you to request the assessment of your Prospective Marriage visa as a partner visa. To do so, you'll need to provide your marriage certificate and additional documentation.
Navigating the path to joining your partner in Australia can be complex, but understanding the nuances of the Subclass 300 visa and its provisions can simplify the process and lead to a joyful reunion with your loved one.
For detailed information please get in touch:
⚖️ Migration Lawyer Ceren Guney +61 448 412 210
📚 Registered Migration Agent Feriha Guney MARN 0960690 +61 477 524 039
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Disclaimer:
This information is for general understanding only and does not constitute legal advice. For specific advice tailored to your situation, consult a registered migration agent or legal professional.
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