Updated: Aug 25, 2019
Did you have a romantic rendezvous on your vacation abroad?
Have you been chatting with a sexy man on the other side of the world?
Have you met the woman you wish to spend the rest of your life with?
Long distance relationships can be difficult, even more so if your partner is abroad! If you really want to take your relationship to the next level you and your partner will undoubtedly want to reside together in Australia. For some good news, the Prospective Marriage Visa is now available to same sex couples in Australia. Since same sex marriage equality was legalised in December 2017, both heterosexual and same sex couples may now avail of this visa. This versatile visa is a great option for the LGBT community where you may have met your fiancé for only a short period of time but want to take your relationship to the next level. Criteria for the Prospective Marriage Visa is not particularly onerous, however you should ensure your evidence is presented correctly and of course ensure you meet the regulations to ensure a valid visa application.
Our recommended steps as follows:
1: Meet Your Fiancé in Person: You may have met your new girlfriend or boyfriend on a trip abroad, or online. Very often many gay and lesbian couples start their relationships online regardless of location. However, as part of the migration requirements in Australia, you must have met your fiancé in person (online encounters are not sufficient). The location of your first date is not that important, but you must have physically met. Of course, it is essential and better for the relationship that you’ve met your fiancé in person before you spend all the time, money, and emotional energy required for the visa process.
Step 2: Gather Evidence Of Your Relationship. Evidence for the visa application is quite important; we need to know you have actually met! Did you take photos of the two of you together. Do you have plane tickets, itineraries, or passport stamps showing your recent visit. Screenshots of text messages can be useful to help fill in the gaps! What about Facebook chats, emails, hotel receipts. Perhaps you have some financial evidence; did you transfer funds to each other to pay for flights, hotel etc. In addition, Statutory declarations from friends and family who are aware of your relationship are a must; this kind of evidence is crucial. Have, your friends or family spoken to your partner on Skype or telephone - keep records or these communications.
Step 3: Go Online. To begin the process, complete your online application (paper applications are no longer acceptable). Set up an IMMI account and complete the forms online (40SP & 47SP); upload your evidence and pay the current Government charges of $7160.00. To set up your IMMI account go to Home Affairs Website.
You may wish to go it alone but you may also use the services of a migration agent to assist and lodge your partner visa application. If you are not comfortable or may find the process confusing it is better to use a professional for the process. If you wish to appoint a Registered Migration Agent you should start here. Find a professional Registered Migration Agent in your locality: MARA Website
If howevere, you are competent to go it alone then first you should visit the Australian Government website. Here you can find a checklist of the visa requirements and more information about the process: Home Affairs Website
Step 4: Wait For A Decision. The initial temporary visa (subclass 300) if correctly evidenced, should be decided within 12 months. If the Prospective Marriage Visa is granted your fiancé should travel to Australia to 'activate' the visa.
Step 5: Get Married. Within 9 months of the visa activation i.e when your fiancé comes to Australia, you need to become a married couple; you must get married within this time frame. The marriage can take place in or outside Australia and must be a valid marriage according to Australian Federal law. This visa cannot be extended, the couple should marry within 9 months.
(TIP: Do Not Get Marred Until You Have Secured This Prospective Marriage Visa)
Step 6: Get Another Visa. After your marriage has taken place the couple are eligible to make an application for subclass 820/801 onshore spousal visa. Throughout the time you resided together in Australia, you would have accumulated sufficient evidence for this visa application. Again, this will be an online electronic application. The Government have reduced charges for this step of the process; you will pay only $1510.00 Visa Application Charge.
820/801 application is a whole different process and may take an additional 2 years. When you are in love, then it is worth the wait...
Using A Migration Agent: As Registered Migration Agents we can help you throughout the whole immigration process. Our expert agents are adept and knowledgeable to assist you with the forms, evidence preparation and we will also handle all communication with the department. Need some helpful advice? Call the experts at Visa Crew today.
Book a FREE 15 Minute Consultation Today & Find Out Your Partner Visa Options From A Qualified & Experienced Migration Agent.
Tel: +61 (02) 8011 4922
Mobile: +61 455 295 988
Michael Dooley | Registered Migration Agent | MARN 1789997