Subclass 300:
Prospective Marriage Visa

Australian citizens, permanent residents and eligible New Zealand citizens may sponsor their fiancé or fiancée for the purpose of marriage. A Subclass 300 visa allows the holder to marry their sponsor within 9 months of their arrival and apply for Subclass 820 and 801 visas as the spouse for which a concessional rate is charged.

It should be noted that an application for a Subclass 300 visa must be lodged outside of Australia.

Eligibility Criteria

In order to qualify for this visa, the foreign fiancé or fiancée must establish that:
  • He or she Is the prospective spouse of an Australian citizen, permanent resident or eligible New Zealand citizen;
  • He or she genuinely intends to marry and live with his or her Australian fiancé or fiancée;
  • He or she does not have legal impediment to the marriage;
  • The prospective spouse is not prohibited from sponsoring; and
  • The sponsorship application by the prospective spouse is not refused by the Department.
  • Partnership Requirements

  • Both parties must have turned 18 years of age; and
  • Both parties must have met in person since they have turned 18 years old.
  • Genuine Intention to Marry

    The applicant and sponsor must have evidence that necessary arrangements have been made for their intended marriage within a reasonable period of time. The primary evidence of this intention is often the completed form, Notice of Intention to Marry, which is abbreviated as “NOIM”.

    NOIM specifies the date of their intended marriage and the intended celebrant, and must be witnessed by:
  • If inside Australia:​
    • Authorised celebrant;
    • Commissioners for Declarations under the Statutory Declarations Act 1959;
    • Justices of the peace;
    • Barrister;
    • Solicitor;
    • Legally qualified medical practitioners; or
    • Member of the Australian police force, whether Federal, State or Territory.
  • If outside Australia:
    • Australian diplomatic officer;
    • Australian consular officer;
    • Notary public;
  • The witnessed NOIM will be valid for 18 months from the date it is executed.

    Impediments to the Intention

    Both the sponsor and the visa applicant must be free and not be forced into marriage. Below sets examples in which marriage is unlawful in Australia:
  • Polygamous relationships;
  • Marriage between siblings, half siblings or direct descendants;
  • Marriage without real consent;
  • Underage marriage.
  • Arranged Marriage

    Australia is committed to safeguarding the rights of all individuals. As such, the risk of exploitation posed by arranged marriage has resulted in the Department applying additional scrutiny. The Department will not assist in facilitating a marriage that was formed under coercion or without a free will.

    In particular, the Department must ensure that there is no evidence indicating a lack of real consent from a party to the marriage. If there is suspicion that either party would prefer the marriage not proceed or that the marriage is being entered primarily due to family or cultural pressure, there is a real possibility that the application will be refused.

    Prohibited Sponsors

    Australian citizens, permanent residents or eligible New Zealand citizens are not allowed to sponsor their partners on these visa subclasses if they have:
  • Sponsored two people previously;
  • Sponsored a person within the last 5 years, where the period is calculated between the dates on which the 2 visa applications were submitted;
  • Been sponsored for a partner visa themselves within the last 5 years – the period is calculated between the dates on which the 2 visa applications are lodged;
  • Where the sponsor has been sponsored for a contributory parent visa within the last 5 years – the period is calculated between the dates on which the 2 visa applications were lodged.
  • Exemptions may nevertheless apply on compelling and compassionate grounds, though they are not readily exercised. The common grounds include where:
  • The applicant and sponsor have a dependent child together;
  • A previous partner has died;
  • A previous partner has abandoned the sponsor with a dependent child;
  • The new relationship is long-lasting.
  • Sponsorship Refusal

    The sponsorship application is likely refused in cases where the sponsoring partner has a significant criminal history in relation to specified types of offences. Mandatory refusals apply to perpetrators of child sex offences.

    Relevant Public Interest Criteria:

    4001, 4002, 4003, 4004, 4007, 4009, 4010, 4019, 4020 and 4021

    Relevant Special Return Criteria:

    5001 and 5002

    Visa Conditions

    Primary visa holders must be subject to the following conditions:
    8515: The holder of the visa must not marry or enter into a de facto relationship before entering Australia.
    8519: The holder must enter into the marriage in relation to which the visa was granted within the visa period of the visa.

    Primary visa holders may be subject to the following conditions:
    8502: The holder of the visa must not enter Australia before the entry to Australia of a person specified in the visa.

    Secondary visa holders must be subject to the following conditions:
    8520: The relevant person who holds a Subclass 300 visa on the basis of having satisfied the primary criteria must enter into the marriage in relation to which that visa was granted within the visa period of that visa.

    Secondary visa holders may be subject to the following conditions:
    8502: The holder of the visa must not enter Australia before the entry to Australia of a person specified in the visa.
    8515: The holder of the visa must not marry or enter into a de facto relationship before entering Australia.

    Application Fee

  • Base application charge: $7,715
  • Additional applicant charge for an applicant who is at least 18: $3,860
  • Additional applicant charge for an applicant who is less than 18: $1,935