Commonly known as the ‘Fiancé’ visa, the Prospective Marriage visa is for people who are outside Australia and who are engaged to be married to an Australian citizen, an Australian Permanent Resident (PR) or an eligible New Zealand citizen.
The Prospective Marriage visa can only be applied for outside Australia (offshore). There is no onshore equivalent to the Prospective Marriage visa.
This not to say that the Applicant and Sponsor cannot get engaged if they wish to do so while they are in Australia together, but the application must be made whilst the Applicant is offshore. It is also important to note that the Sponsor does not have to be offshore at the time of application – only the Applicant.
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’). The Applicant and Sponsor must be engaged at the time of the Application. As gay marriages are not currently recognised in Australia these couple cannot take the Fiancé visa route and must go for the Partner visa by De Facto option.
Both the Applicant and Sponsor must satisfy certain eligibility criteria or the visa will not be granted. For example: the Sponsor must be an approved person in that they can demonstrate that they can provide adequate accommodation and financial support for their partners first two years of settlement. The Applicant must be able to satisfy Australia’s health and character criteria.
Partner visa Applicants can include their dependent family members, such as their children, in their application. All ‘secondary’ Applicants must also satisfy a set of criteria in order to be eligible. On top of this, any dependents of the Applicant must satisfy health and character criteria, whether or not they are intending to migrate.
The Prospective Marriage visa is part of a 2 step process that leads to Permanent Residency in Australia for the Applicant. The Prospective Marriage visa works in conjunction with the Partner visa. The first step is to apply for the Prospective Marriage visa and then the Applicant will be eligible to apply the Partner visa, the second step.
Once the Prospective Marriage (Fiancé) visa is granted
Once the Prospective Marriage visa is granted the Applicant has nine (9) months from the date of the grant of the visa in which he or she must travel to Australia, marry their Sponsor and submit a Partner visa application. It is also a strict condition that the Applicant and Sponsor must not marry prior to the Applicant’s arrival into Australia. As soon as the Applicant arrives in Australia on their Prospective Marriage visa they will have full work rights.
It is important that both the Applicant and Sponsor are fully aware of all the conditions attached to a Prospective Marriage visa and the serious consequences of non-compliance.
The Fiancé visa will allow the Applicant to enter and leave Australia as many times as he or she wishes within the visa validity period.
Once the second step (the Partner visa application) is submitted the Applicant will be placed on a Bridging visa and can remain in Australia until a decision is made on their Partner visa.
If you are thinking of applying for a Prospective Marriage visa yourself but you are finding it difficult, why not get some personalized help from a qualified and experienced Migration Agent. At Australian Visa Advice (AVA) we can assist you to apply for and obtain a Fiancé (Prospective Marriage) visa for your partner. We are specialists in this field.
The Prospective Marriage visa application is a complex process. It usually takes months to prepare an application and the official global departmental processing time is about 1 year, although times vary depending on many factors, including the thoroughness of an application and how well it is prepared, and which Embassy is processing the application. Unless strict guidelines are followed, including meeting all of the relevant criteria and the attachment of all relevant supporting evidence, it is highly likely that a visa application will be rejected (about 70% of all Australian visa applications are refused).
However, we at Australian Visa Advice have an Exceptionally High success rate. Our detailed knowledge of the law and years of experience preparing literally 100’s of applications will take the stress, confusion and high risk of failure out of the visa process. We often help clients who have had their visa applications previously rejected because they have either tried to obtain the visa themselves or used unqualified and inexperienced Migration Agents. They have wasted precious time, money and effort.
For more information please contact one of our Migration Agents by clicking the Contact Us box in the menu bar on the home page. Or you can email us at firstname.lastname@example.org You can also call us in Thailand on 08 4222 3946 (from inside Thailand) or +66 84222 3946 (from outside Thailand), or in Australia on 0434 477 964 (from inside Australia) or +61 434 477 964 (from outside Australia). Once you contact us we will be happy to provide you with a free assessment to determine your visa needs.
We only advise on and prepare Australian visas.