Prospective Marriage Visa subclass 300

Commonly known as the ‘fiance’ visa is for a person who is engaged, but not yet married, to an Australian citizen, permanent resident or eligible New Zealand citizen (ENZ). 

Snapshot

·         This visa can only be applied for if the applicant is outside Australia;

·         The applicant and sponsor (partner) must have physically met in person;

·         Visa is valid for 9 months and during this time the applicant must be married and apply for the temporary spouse visa;

·         If the applicant does not get married during the 9 months then he/she will need to depart Australia or apply for another visa, if eligible.

Spouse (Provisional) subclass 309

This visa is for a person who is marriage to, or in a de facto relationship with, an Australian citizen, permanent resident or ENZ, and who is outside Australia, when they apply for the visa.  The visa is ‘Provisional’ (stage 1) in that the applicant must hold the visa and maintain a genuine and continuing relationship with their spouse to qualify for the permanent visa (stage 2 subclass 100).

Spouse (Permanent) subclass 100

This visa is a permanent visa for a person who is married to or in a de facto relationship with an Australian citizen, permanent resident or ENZ.  In most cases, the applicant would have held the subclass 309 for a 2 year period before applying for this visa; however, the ‘Provisional’ visa can be skipped if the person has been in the relationship for more than 5 years or for 2 years and has a child in the relationship.

Spouse (Temporary) subclass 820

This visa is a temporary visa for a person who is married to or in a de facto relationship with an Australian citizen, permanent resident or ENZ.  This visa is almost identical to the subclass 309 (see above) in that it also has a 2 year temporary period which can lead to a permanent visa subclass 801.  The person must be inside Australia when applying for this visa.

Spouse (Permanent) subclass 801

This visa is a permanent visa for a person who is married to or in a de facto relationship with an Australian citizen, permanent resident or ENZ.  In most cases, the applicant would have held the subclass 820 for a 2 year period before applying for this visa; however, the ‘Temporary’ visa can be skipped if the person has been in the relationship for more than 5 years or for 2 years and has a child in the relationship.  The person must be inside Australia when applying for this visa.

Family Members

Some family members of an applicant for a partner visa may make a combined application.  Family members are defined as ‘Secondary Applicants’ and must satisfy the ‘Secondary Criteria’.  In general, family members are limited to dependent children under the age of 18.

If a family member is not included in a combined application with the primary applicant then they can later apply for a child visa to join their parent.