Visa 300 – Prospective Marriage
The visa 300 is for persons seeking entry to Australia to marry their Australian Partner.
The 300 visa pathway
This visa is for persons seeking entry to Australia to marry in Australia,
the Australian citizen,
Australian permanent resident
or eligible New Zealand citizen
in their prospective spouse or called ‘fiancé(e).
The visa 300 allows the holder to enter and remain in Australia for 9 months
After marrying their spouse (and while the visa 300 is still in effect), the holder can apply for a Visa-820/-801 Partner visa.
• with a view to remaining permanently.
If the couple intends to marry before traveling to Australia
If you intend to marry the spouse outside Australia (that is, before traveling to Australia to settle permanently) should apply outside Australia for a visa 309/100 Partner visa
If the couple marry before a 300 visa is granted
If, after a visa 300 application is made but before it is granted, the couple change their plans and marry outside Australia, this visa 300 will be asked to withdraw
And the couple should notify the department of their marriage and provided the marriage is valid for visa purposes. Your visa 300 applicant is taken to have also applied for a visa309/100 Partner visa.
In these cases, the amount paid for the visa 300 “AUD$7715” is taken to be payment of the first installment charge for the visa 100.
The applicant should be advised to withdraw, or the visa 300 will be refused. however, the refusal of the visa 300 does not affect continued processing of the visa309/100 application
Age requirements
The 300 visa applicant must be at least 18 whereas the prospective spouse must be at least 18 as well.
Couple must have met and be known to each other
The couple should have met in person since their relationship.
Written correspondence or contact by phone, fax or the internet does not mean
having ‘met in person.
Must be known to each other personally
The couple must also be ‘known to each other personally
•evidence of contact that shows the development of the relationship
•whether the relationship is traditionally or culturally appropriate within the couple’scircumstances
•genuine relationship between both the applicant and their prospective spouse
The couple genuinely intend to marry
All applicants should provide evidence that arrangements have been made for the marriage ceremony to take place after the applicant entry to Australia.
For example, a signed and dated letter (on letterhead) from the (authorized) marriage celebrant who will conduct the ceremony.
Details require
The letter must include:
• in all cases, the date (or the date range) and the venue of the marriage ceremony
• in most cases, confirmation that a Notice Of Intention to Marry (NOIM) in respect of the couple has been lodged with the celebrant.
Notice of intention to marry (NOIM)
The NOIM must be lodged for more than 1 month and less than 18 months before the proposed date of the ceremony.
A NOIM is valid for up to 18 months.
Must be within the visa 300 period – 9 months
Visa processing times vary between posts. It may, therefore, be unreasonable to expect couples to set a specific date for marriage. However, visa 300 requires that the marriage be intended to take place within 9 months.
It is reasonable to suggest that the date of the marriage ceremony indicated in the celebrant’s letter comes within the following 9 months (as average visa processing time of 16 months currently).
“One fails, all fail” for visa 300
The main applicant cannot be granted a visa unless those members of the family unit (Dependent Children) who satisfy the health and character criteria as well.