Visa Summary

This visa allows you to enter Australia and marry your intended fiancé within the visa's nine month validity period. Your fiancé must be one of the following:

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

Who is this visa for?

This visa is for you if you want to enter Australia on the basis of your relationship with your partner. Your partner must be one of the following:

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

Note: As the partner or fiancé of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you do not have an automatic right of permanent residence in Australia. If you want to reside permanently in Australia you must first apply for a permanent visa and be assessed against the legal criteria for the grant of that visa.

What does the visa let me do?

With this visa, you:

  • must enter Australia before you marry your fiancé
  • may leave and re-enter Australia as many times as you wish before your visa ceases (nine months after visa grant)
  • can work in Australia
  • can apply for a Partner visa in Australia after you marry your fiancé
  • can study, but you will not have access to government funding
  • may use Australia's medical expenses and hospital care assistance scheme, Medicare, but only if you are in Australia and have already applied for a Partner visa

How does this visa work?

Application location

You must be outside Australia when you apply for this visa, and when the visa is granted.

Visa validity period

This visa is valid for nine months from the time it is granted.

Responsibilities

Key responsibilities relating to obtaining and using this visa are summarized in the table below.

Person Responsibility
Sponsor

Be prepared to sponsor the applicant and any dependent family members also included in the application and who are migrating with the applicant.

Complete and sign Form 40SP Sponsorship for a partner to migrate to Australia, and send it to the applicant for lodgment.

Applicant

Lodge a complete application including all relevant application forms, supporting documents and application charges.

If the visa is granted, enter Australia on their Prospective Marriage visa at least once before the marriage takes place.

Sponsor and Applicant

Note: the marriage may take place either in or outside Australia as long as the marriage takes place after the applicant's first entry to Australia on their prospective marriage visa.

Following their marriage, and before the Prospective Marriage visa expires, apply for a Partner visa to allow them to remain in Australia.

Visa application process

You must be outside Australia when you apply for this visa, and when the visa is granted.

Application forms

Active Migration Australia will assess each application individually and provide extensive checklists consisting of instructions to help you successfully complete the forms required.

Including dependent family members in your application

There is important additional information that you should read if you are lodging a visa application that includes dependent family members.

You must provide evidence of their dependency on you.

How to lodge your application

As the applicant, you must lodge the appropriate application forms, together with all necessary supporting documentation and application charges.

If you are lodging a paper-based visa application in certain countries you will need to provide biometrics.

Visa Requirements

Applicant Eligibility

Intent to marry

The main purpose of applying for this visa is to allow you to come to Australia and then marry your intended spouse and live as husband and wife. You must genuinely intend to marry your fiancé. You must also genuinely intend to live with your fiancé as husband and wife.

Eligible sponsor

You must be sponsored by an eligible sponsor. An eligible sponsor is someone who undertakes sponsorship obligations, and is one of the following:

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

Usually, the sponsor is the partner of the applicant.

Age

You must be able to legally marry according to Australian law. This means you must be aged 18 years or over. If you are aged 16 years or over but less than 18 years, you must have an Australian court order allowing you to marry your intended spouse, or you must both be of marriageable age at time of the intended marriage.

Your fiancé in Australia can be aged under 18 years if they have an Australian court order allowing them to marry you. In these circumstances, their parent or guardian must be your sponsor and they must be an Australian citizen, a permanent resident or eligible New Zealand citizen aged 18 years or over.

Gender

You must be of the opposite sex to your intended spouse. Same-sex couples are not eligible for this visa.

Relationship

You must have met (as adults) your intended spouse in person and know him or her personally. This must be the case even if:

  • it is an arranged marriage
  • you and your sponsor 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)

Health requirements

You must meet certain health requirements.

Character requirements

You must meet character requirements.

When you may not be eligible

If you have a debt to the Australian Government, you should contact your nearest departmental office or Australian mission before making an application. You may not be granted a visa until you have made satisfactory arrangements to pay that debt.

Australian Values Statement

If you are aged 18 years or over, you are required to sign an Australian values statement. The statement is included in your visa application form and all applicants aged 18 years and over will need to sign it to confirm that they will respect the Australian way of life and obey Australian laws. Before signing this statement you are required to read, or you might have been explained about the book ‘Life in Australia book’.

The Life in Australia book provides more information on the values that Australians share and their way of life.

Sponsor Eligibility

Eligibility criteria

To be eligible to sponsor your fiancé, you must:

  • be an Australian citizen or an Australian permanent resident or eligible New Zealand citizen who wants to sponsor your fiancé as your partner to Australia
  • generally be aged 18 years or over
  • be known personally to your fiancé and have met as adults
  • be free to marry your fiancé, with no impediment to your marriage

Your parent or guardian must be your fiancé's sponsor if your fiancé is applying for this visa and you are all of the following:

  • aged 16 or 17 years of age
  • in Australia
  • want to sponsor your fiancé who is aged 18 years or over

Your sponsoring parent or guardian must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and be aged 18 years or over.

New Zealand citizen eligibility

If you are an eligible New Zealand citizen who is sponsoring their partner, you must meet health and character requirements. The department will contact you to advise if you need to undertake health

When you may not be eligible

You may not be able to sponsor your partner if any one of the following applies:

  • you are not an Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • you have previously sponsored two other partners for migration to Australia (including sponsorships you may have withdrawn where your former partner obtained permanent residence on family violence grounds)
  • you have sponsored another partner within the last five years
  • you were sponsored for a partner visa as a partner yourself within the last five years
  • you are the holder of a Woman at Risk visa (Subclass 204)
  • you have a conviction or an outstanding charge for an offence against a child

If you have previously sponsored or been sponsored, you may still be permitted to sponsor your partner in compelling circumstances, such as:

  • if your previous partner has died or abandoned the relationship leaving young children
  • if your relationship with your current partner is long standing (that is, five years or more)
  • if you and your current partner have dependent children of your relationship

Current and previous contributory parent category visa-holders

If you have been granted a contributory parent category visa on or after 1 July 2009, you are unable to sponsor your partner or fiancé for five years from your visa grant date if you were in a married or de facto relationship with that person on or before the date you were granted the last contributory parent category visa. There are some exceptions to this limitation in compelling circumstances.

Sponsorship limitation and best interests of the child

Where an applicant includes a dependent family member under 18 years of age in their application, the sponsorship cannot be approved (except in very limited circumstances) where the sponsor has a conviction or an outstanding charge for an offence against a child. There is also a requirement that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the dependent family member.

In order to assess the sponsorship application and the best interests of the child requirement, sponsors of children under 18 years of age are required to submit an AFP National Police Check and/or foreign police certificate/s, depending on the sponsor's circumstances. If the sponsor has spent a total of 12 months or more in Australia since turning 16 years of age, the sponsor must provide an AFP National Police Check. The sponsor must also provide police certificates from each country in which they have spent a total of 12 months or more in the last 10 years since turning 16 years of age.

Family member Eligibility

You may include the following dependent family members in your visa application:

  • your dependent children
  • your other dependent relatives

To be included in your visa application, dependent family members must meet the following requirements. All your dependants, whether migrating with you or not, must meet health and character requirements. If not, you may not be granted a Partner visa.

Dependent children

A person is your dependent child if they are your child or step-child and they meet one of the following requirements:

  • they are under 18 years of age, or<.li>
  • if they are aged 18 years or over, they have been wholly or substantially dependent on you for a substantial period (at least 12 months) for their basic needs (food, clothing and shelter) and the reliance on you is greater than any other person, or
  • if they are aged 18 years or over, they are wholly or substantially dependent on you because they have a total or partial loss of their bodily or mental functions that stops them from earning a living (whether or not they migrate with you).

Note: If your child (regardless of their age) is married, in a de facto relationship or is engaged to be married, they will not be considered to be a dependent.

Sponsorship limitation and best interests of the child

Where an applicant is under 18 years of age, the sponsorship cannot be approved (except in very limited circumstances) where the sponsor has a conviction or an outstanding charge for an offence against a child. The applicant will also need to satisfy the requirement that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant.

In order to assess the sponsorship application and the best interests of the child requirement, sponsors of children under 18 years of age are required to submit an AFP National Police Check and/or foreign police certificate/s, depending on the sponsor's circumstances.

Other dependent relatives

A person is your dependent relative if they are one of the following:

  • your parent, brother or sister; step-parent, step-brother or step-sister; grandparent, grandchild, aunt, uncle, niece or nephew, step-grandparent, step-grandchild, step-aunt, step-uncle, step-niece or step-nephew,

and all of the following

  • not your dependent child
  • single, such as a widowed aunt, etc.
  • usually resident in your household
  • wholly or substantially financially reliant on you for their basic needs such as food, clothing and shelter
  • reliant on you for a substantial period (at least 12 months)
  • more reliant on you for that support than on any other person or source

Health requirement

All your dependants, whether migrating with you or not, must meet the health and character requirements. Please do not undertake a health check unless requested to do so.

Character requirement

All your dependants, whether migrating with you or not, must be of good character.

Australian Values Statement

If you are aged 18 years or over, you are required to sign an Australian values statement. The statement is included in your visa application form and all applicants aged 18 years and over will need to sign it to confirm that they will respect the Australian way of life and obey Australian laws. Before signing this statement you are required to read, or you might have been explained about the book ‘Life in Australia book’.

The Life in Australia book provides more information on the values that Australians share and their way of life.

Conditions and obligations for holders of visa subclass 300

Applicant obligations

If before your visa is granted you marry your fiancé, you will need to inform the department so that the department can change your application to that of a Partner visa.

If you are granted this visa, you must meet the following requirements:

  • Enter Australia on this visa before you marry your fiancé.
  • Note: If you are granted this visa and then marry your fiancé before entering Australia on that visa, your visa may be cancelled.

  • Enter Australia by the specified initial entry date.
  • Marry your fiancé while this visa is still valid, which is for nine months after it has been granted. The marriage can take place either in or outside Australia provided you have entered Australia on this visa at least once before the marriage takes place.
  • Before this visa expires, lodge an application for a Partner visa in Australia to apply to remain permanently in Australia.
  • Immediately notify the office handling your application if you change address or your circumstances change. Such changes in circumstances include:
    • you have a child with your fiancé
    • after you marry your relationship ends

Sponsor Obligations

If you want to sponsor your fiancé's visa application, you must sign a sponsorship undertaking at the end of form 40SP Sponsorship for a partner to migrate to Australia.

If you sign this undertaking, the following obligations apply:

  • If your fiancé is granted this visa, as sponsor you are responsible for all financial obligations to the Australian Government that your partner might incur in Australia.
  • You are also required to provide financial and other support, such as childcare, that will enable your partner to attend any required English classes.
  • You must provide information and advice to help your partner settle in Australia. This information and advice should include telling your partner about employment in Australia.
  • You must immediately notify the department if your relationship with your fiancé breaks down, or if you withdraw your support for your fiancé before their application is finalized.