It’s important to have a look at the prospective marriage visa checklist if you’re planning to marry your beloved in Australia. The prospective marriage visa (Subclass 300) essentially allows you to:
- Enter the country;
- Marry your partner; and
- Apply for a partner visa and remain in Australia permanently
The visa offers safety, stability, and professional opportunities in Australia. Overall, it facilitates legal recognition of your relationship and the chance to create a future together in the country. This article will provide a prospective marriage visa checklist, and explain the importance of seeking legal advice.
Eligibility Criteria For the Prospective Marriage Visa
The Prospective Marriage Visa is designed for couples where:
- One partner is an Australian citizen or permanent resident; and
- The other intends to marry them within nine months of arriving in Australia.
It’s a temporary visa that paves the way for applying for an onshore partner visa (subclass 820), after marriage. Before we review the prospective marriage visa checklist, let’s look at the basic eligibility requirements. You must:
- Be 18 years old or older;
- Have an Australian citizen, permanent resident, or eligible New Zealand citizen as your sponsor;
- Intend to marry your prospective spouse before the visa period ends. Note that this visa allows a person to stay in Australia between 9 and 15 months; and
- Be outside of Australia at the time of applying for this visa.
Note: It is still possible for you to apply for a visitor visa to come to Australia if you want to spend time with your partner in Australia.
What’s on the Prospective Marriage Visa Checklist?
To apply for the Prospective Marriage Visa (Subclass 300) in Australia, follow this simple checklist:
1. Various Forms
- Complete and sign Form 47SP – Application for migration to Australia by a partner.
- Your sponsor completes and signs Form 40SP – Sponsorship for a partner to migrate to Australia.
- Fill out and sign Form 80 – Personal particulars for character assessment (for applicants and migrating dependents aged 17 and above).
- If applicable, complete and sign Form 47A – Details of a dependent family member aged 18 years or above.
- Pay the Australian Government Visa Application Charge (AUD 8,850 as of July 1, 2023).
2. Personal Documents for Sponsor
- Provide two recent passport-size photographs of your partner. Ensure the photos are not digitally enhanced and show the person facing the camera against a plain background.
- Show evidence that you are an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Evidence may include an Australian passport, evidence of permanent residence, or proof of usual residence in Australia.
- If applicable, include documents as part of prospective marriage visa checklist that show your current employment. This may include income/overseas tax assessment notices or a letter from your employer that contains your annual salary.
You must also include the following if there is a child under 18 included in the application:
- Australian Federal Police Check if the child/children have lived in Australia for more than 12 months since turning 16 years of age.
- Police certificates from countries the child/children lived for more than 12 months since turning 16 years of age.
3. Personal Documents for Applicant
- Provide certified copies of valid passports or travel documents for all applicants. This may include a birth certificate any valid government IDs.
- Include recent passport-size photographs of yourself and other applicants.
- If applicable, provide marriage certificates or relationship registration certificates as part of your prospective marriage visa checklist.
- If there has been a name change, include evidence of the name change.
- For children under 18 years, include documents verifying custody and access arrangements.
- If you have served in the military of any country, provide certified copies of military service records or discharge papers
- If 17 years old or older, include penal clearance certificates from countries lived in for 12 months or more.
3. Additional Evidence
- Provide evidence of face-to-face meetings with your fiancé
- Show your intention to marry your fiancé within nine months of visa approval.
- Demonstrate a genuine intention to live together in a married relationship.
- Provide written statements detailing your relationship’s history and future plans. This must include you and your fiance’s relationship history, joint activities, and significant activities and plans.
Following this prospective marriage visa checklist will help ensure a smooth and successful visa application. For the most up-to-date requirements and instructions, visit the official website of the Department of Home Affairs (DHA).
Relevance in Immigration Law Matters
The prospective marriage visa holds significant relevance in immigration law matters due to several key reasons:
- Family Unification: The visa promotes family unification by allowing non-Australian partners to join their Australian spouse-to-be. This way, families can begin their life together in Australia. This is essential for building strong family units and fostering cultural exchange.
- Pathway to Permanent Residency: The prospective marriage visa checklist serves as a crucial step to achieving permanent residency. It provides the couple with the opportunity to demonstrate their commitment and genuine relationship, paving the way for long-term settlement in Australia.
- Preventing Sham Marriages: The visa application process helps authorities assess the genuineness of the relationship. This aids in preventing fraudulent or sham marriages for the sole purpose of gaining entry into Australia.
- Cultural Diversity and Social Integration: By facilitating cross-border relationships, the prospective marriage visa contributes to Australia’s cultural diversity and social integration. This enriches the nation’s fabric by fostering understanding and appreciation of different cultures.
- Economic Contributions: Successful applicants for the prospective marriage visa may contribute positively to the Australian economy through their skills, talents, and potential employment. This aligns with the government’s goals of attracting skilled migrants to support economic growth.
The Importance of Seeking Legal Advice for Immigration Matters
Marriage is a very complex process especially if your fiance is coming from a country outside Australia. That’s why a lot of people opt for a Prospective Marriage Visa. However, securing this visa can be a complex and daunting process. That’s why we at JB Solicitors can help in securing this visa. We also have:
- Expertise and Knowledge: Our immigration lawyers have expertise and in-depth knowledge that can provide applicants with a clear understanding of the legal requirements. Our team can help you explore the complexities involved in the prospective marriage visa application process. We can also help lodge an onshore partner visa application.
- Tailored Solutions: Each immigration case is unique, and JB Solicitors can provide personalised solutions based on the specific circumstances of the applicants. We can assess the strengths and weaknesses of the case, identify potential challenges, and develop strategies to address them effectively.
- Application Preparation and Submission: JB Solicitors can assist in visa application preparation. This way we can ensure that all required documents are collected, completed accurately, and submitted on time. We can help applicants avoid common mistakes that could lead to delays or visa rejections.
- Strategies to Minimise Delays and Errors: One of the major benefits of seeking help from visa lawyers is the reduction of processing delays and errors in the application. JB Solicitors’ attention to detail can help avoid common mistakes that might otherwise cause setbacks.
Contact us today so we can help prepare your prospective marriage visa checklist.
