SAME SEX PROSPECTIVE MARRIAGE VISA
The Australian Prospective Marriage Visa (subclass 300) is a temporary fiancé visa for unmarried same sex partners wishing to migrate to Australia. The visa is valid for 9 months, during which time the couple must marry.
Are you engaged to you Australian partner?
Have you both plans to get married?
The main purpose of the Prospective Marriage Visa (subclass 300) is to allow you to come to Australia and marry your future same sex spouse to live together as a loving couple. Your marriage must take place within the visa’s nine month validity period. After that time you may be eligible to make a successful application for a subclass 820 or 309 Partner visa. This is a pathway to permanent residency for your gay partner.
A relationship that qualifies for a Prospective Marriage visa is one where the Applicant is in a genuine a continuing relationship with an Australian citizen or an Australian PR (the ‘Sponsor’).
Both the same sex Applicant and Sponsor must satisfy certain eligibility criteria to ensure a successful visa application.
As gay business owners we understand the complexities the LGBTIQ community may experience during visa application process. We understand the process and the needs of the community - call us today to find out how we can help you.
3 STEPS | SAME SEX PARTNER VISA
Basically, Prospective Marriage Visa is step one of a three step process to a permanent partner visa application in Australia for same sex couples.
If you marry your same sex sponsor within 9 months of being granted an sc300 visa, you may then, be eligible to apply for a Partner Visa in Australia.
A Partner visa usually involves an additional two stages: an application for a Temporary Partner visa (sc820), and later for a Permanent Partner visa (sc801). As a time saving measure both the temporary & permanent partner visas can be lodged at the same time.
If you apply for a Partner visa as the holder of a 300 visa, there are reduced fees for a subclass 820/801 Partner visa. In addition to reduced fees from the Department, Visa Crew also offers a reduction in fees to our Prospective Marriage visa clients.
After the same sex marriage has taken place it is advisable to plan ahead and ensure the Partner visa application can be lodged within the allowed time frame. Once submitted the Applicant will be granted a Bridging visa.
All onshore same sex partner visa applicants are entitled to associated bridging visa. This allows the holder to remain in Australia until a decision is made on their Partner visa application.
FAQ | SAME SEX
PROSPECTIVE MARRIAGE VISA
Q Who May Apply For Prospective Marriage Visa?
You may be eligible to apply for a Prospective Marriage visa if you can satisfy the requirements which includes the following:
Applicant must be over 18 years of age
You have an eligible same sex sponsor
Same sex couple have met in person since each of you turned 18, and know each other personally
You and your partner genuinely intend to marry within 9 months of the grant of the visa
You and your gay partner genuinely intend to live together as spouses after your same sex marriage
You meet health and character requirements.
Q Can I include Family Members?
Yes you may include eligible family members in the visa application (subject to agreement from your sponsor). Dependent children and or dependent family members may be included.
Q Is My Partner Eligible To Sponsor Me?
The same sex sponsor must be over 18 years of age. To be eligible the sponsor must also meet one of the following criteria:
• An Australian Citizen
• An Australian Permanent Resident
• An eligible New Zealand Citizen
There are other limitations on who may or may not sponsor the applicant for prospective marriage visa. Please call us for detailed information.
Q How Long Is The Visa Valid For?
Prospective Marriage Visa (subclass 300) is a temporary visa, valid for 9 months. Within the nine months you must marry your spouse.
Q What Happens If We Do Not Get Married?
The main criteria is that the visa holder must get married within 9 months after visa is granted. This visa cannot be extended and the holder will become unlawful in Australia after the nine month period. The applicant may however, be eligible for another type of visa depending upon individual circumstances.
Q I Am In Australia, Can I Apply For This Visa?
To make a successful application for same sex prospective marriage visa the applicant must be offshore, that means outside of Australia. You will need to leave Australia to apply and stay offshore until decision is made on the application. In some cases it may be possible for the applicant to come to Australia before the decision is made.
Q Am I Entitled To PR When We Marry?
Marriage to an eligible sponsor does not grant automatic Permanent Residency. The applicant must apply for a partner visa once the marriage has taken place. The following same sex partner visa options are available:
Partner 820/801 (onshore)
Partner 309/100 (offshore)
In addition to your Prospective Marriage Visa, Visa Crew can also assist with your future Partner Visa application. Currently we have Special Offers for our Same Sex Prospective Marriage visa clients.
Q We Are A Same Sex Couple, May We Apply?
Same sex couples may apply for the Prospective Marriage Visa (subclass 300). With the recent changes to Australian Federal Law, gay marriage is now recognised. This visa is available to all Australian Citizens including members of the LGBTIQ community.
Q Does The Visa Allow Me to Work?
When the visa is granted there are many benefits to the holder:
You may travel to Australia to marry your fiancé
Unrestricted work rights in Australia
Study in Australia
Travel abroad as often as you like
Make a successful application for same sex Partner Visa
Medicare entitlement (after partner visa application)
Q Do We Have To Marry In Australia?
You may marry your partner anywhere in the world, after the visa is granted and after your first entry into Australia. Please, do not marry before the visa is granted or before you enter Australia.
Q WE Are Already In A Same Sex Marriage?
Congratulations; your same sex marriage is now recognised in Australia since legislation was passed in December 2017. As you are now married you are not eligible for Prospective Marriage Visa.
As a same sex couple you may be eligible for a skilled visa or perhaps one of the following same sex partner visas:
Partner Subclass 820/801 (onshore)
Partner Subclass 309/100 (offshore)
Contact Us To Confirm Your Eligability, We the Here To Help You.
Q Our Visa Application Was Refused?
It is wise to consult a Registered Migration Agent to advise on your situation.
A refusal offshore does not bar you from making further visa applications. In addition, a decision to refuse your application may be appealed to The AAT.
Call us to discuss your options further. We are experienced Migration Agents
Q We Have More Questions About Prospective Marriage Visa?
Call us anytime to ask any further questions you may have. We are gay business owners and we are experienced Migration Agents.
LET US HELP YOU, TOO
Every day, members of LGBTIQ community turn to Visa Crew for expert advice to help them through the (sometimes) complicated visa application process. We have a long history of expertise in Australian Migration law and we are proud of our track-record of success.
All immigration advice you receive from Visa Crew is provided by Registered Migration Agents. When you appoint us to manage your visa application, like other people, you have chosen to be represented by a team of experts who can deliver our promise!
Our Promise To You - We Will
• Listen and understand your individual situation.
• Always keep you informed, at every stage.
• Treat you as a valued client, with dignity and respect.
• Take care with your future – as an individual or family
• Always guide you on the right track
WHAT YOU GET | OUR SERVICE TO YOU
Assessment of Your Case by a Qualified and Registered Migration Agent
Consult Current Migration Law & Regulations For Your Case
Lodgement of Visa Application With Submission Documentation
Unlimited, Professional Migration Advice
Access To Online Case/File Management Portal
Unlimited Face To Face Consultations
Fixed Fee - No Hidden Extras
Regular Updates On Your Case
Michael made sure that every detail was covered and that we understood every step of the application. My boyfriend was living in Indonesia but now we are together.
Mick & Decky
"Now we are together
Prospective Marriage Visa | A Visa For Two
Australian Department Immigration & Border Protection grants all Prospective Marriage visas. The primary requisite of this visa category is that the same sex spouse/partner are to be sponsored by an Australian person already settled in this country. In addition the couple must have intentions to get married. With correct planning and advice these requirements can be meet to ensure a successful visa application.
Registered Migration Agents | Confidentiality Assured
Client confidentiality is important, we guarantee all communications with you are kept private; without exception. At all times we do not disclose or allow to be disclosed information about our clients or our clients business. Our clients can be happy in the knowledge their confidentiality is of upmost importance to Visa Crew.
Visa Crew | Registered Migration Agents
Our Registered Migration Agents are on hand and ready assist with your visa application. Prospective Marriage Visa eligibility is new to the LGBTI community. Remember we have been processing similar visa applications for our clients, in similar situations as yours!! Migration legislation around visas changes often, call us for an up to date appraisal. We will advise the best option for your individual circumstances.
Contact Visa Crew today as the first step to a stress free, visa experience...