Australia immigration: subclass 300 prospective marriage visa
If you are a citizen or permanent resident of Australia, or an eligible New Zealand citizen permanently residing in Australia, it may be possible to obtain a visa for your foreign fiancee to come to Australia for the purpose of getting married. There are a number of visa options for a foreign national to come to Australia, and it can be difficult to determine which visa your loved one should attempt to pursue.
If your fiancee resides in another country and you want to bring him or her to Australia for marriage, a
subclass 300 prospective marriage visa is most likely your best choice. This visa category allows an individual to live, work, and study in Australia for up to nine months. It should be noted that the prospective marriage visa is not a permanent migrant visa. It is a temporary visa that allows the fiancee to enter Australia for a limited time and purpose: to marry his or her Australian sponsor. After the marriage, the foreign spouse can apply immediately for a
subclass 820 provisional spousal visa onshore, which grants the holder conditional permanent resident status and allows him or her to remain in the country initially for two years.
Family migration to Australia: spouse and unmarried partner visa
Australian immigration law allows spouses and de facto partners of Australian citizens, lawful permanent residents, and eligible New Zealand citizens permanently residing in Australia, to obtain a migrant class visa to live and work in Australia. In order to obtain a marriage visa to bring a foreign husband or wife to Australia, you must either be legally married to your partner or intend to marry your partner before a decision is made on your partner's spousal visa application.
If you have been in a stable, genuine and ongoing de facto relationship with your partner for at least 12 months prior to filing your application, you may be eligible to obtain a family-class de facto partner visa to bring your loved one to Australia. The 12-month relationship requirement may be waived if you and your partner have children together. If the period of living together in a relationship like marriage is less than one year and you have no children together, you may want to investigate the possibility of bringing your fiancee to Australia on a
subclass 300 prospective marriage visa.
Depending on your individual circumstances, your husband or wife may apply for a provisional spousal visa either offshore or onshore. Offshore applications are processed by the Australian visa-issuing posts overseas. Onshore applications are adjudicated by the Department of Immigration and Citizenship (DIAC) offices in Australia.
--
Alex Smith, immigration consultant at
Marriagevisahelp.com
