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Prospective Marriage Visa

Australian Prospective Marriage Visa aka fiancee visa or fiance visa from the Philippines

 

Prospective Marriage Visa, aka Fiancée Visa or Fiancé Visa (Subclass 300)

 

For Australian Vietnamese couples intending to get married in Australia. The Prospective Marriage Visa (aka Fiancee Visa or Fiance Visa) allows an Australian Citizen, Permanent Resident, or Eligible New Zealand Citizen to bring their fiancée from Philippines to Australia and to marry her within 12 months of the grant.

Note that the Prospective Marriage Visa option is also open to same-sex couples who wish to marry in Australia. Same sex couples are no longer restricted to the de facto partner visa option!

It means you must be legally free to marry (ie. never married, or already divorced or annulled), and you must be ready and fully committed to marrying in Australia within the visa period.

 

Prospective Marriage Visa aka fiancee visa or fiance visa from Philippines to Australia

 

After the wedding you apply for a Subclass 820 Onshore Temporary Partner Visa. After two years of a successful and genuine relationship, a Subclass 801 Permanent Partner Visa may be granted.

The Prospective Marriage Visa is the ideal visa choice for those who wish to marry in Australia, but wish to do so at a steady pace. It gives you time to prepare the application and to prepare a wedding in Australia just the way you want it rather than rushing to meet a deadline. Fiancee visas are particularly good for those who don’t have a lot of free time and may not be that brilliant at paperwork, ie fiancee visas are great for those who don’t want to (or simply can’t) rush through the process.

 

DISCLAIMER

Information contained in this page is of a general nature. Informative, yes, but not a formula for preparing visa applications and should not be relied on as such. The devil is in the detail, rest assured. Australian migration law is complicated and Departmental decisions are inflexible and often final. Readers and future visa applicants and sponsors are advised to rely on professionals to ensure a happy outcome.

 


Partner Visa Prospective Marriage Visa De Facto Visa Why do you need
a Migration Agent?


The Vietnamese Prospective Marriage Visa (PMV) holder may/must:

 

  • Be offshore (outside of Australia) at time of visa lodgement and before the visa can be granted (if you are inside Australia when they want to finalise the application, you need to leave).
  • Must travel to Australia from Vietnam and reside there for initially up to twelve months
  • Must marry the Australian sponsor within twelve months of the visa grant
  • May work in Australia (ie. full work rights)
  • May travel freely in and out of Australia (ie. the visa is multiple entry)
  • May not apply for Medicare on the Prospective Marriage Visa (so should consider health insurance for overseas visitors)
  • Must apply for a Subclass 820 Onshore Partner Visa before the twelve month stay period runs out (and may then continue to reside in Australia on a Bridging Visa during the processing of the Partner Visa. No need to leave, and note that this is NOT an expensive stage. You do NOT pay the initial visa fee twice!)
  • Allow the inclusion of dependent children as secondary applicants to the partner visa

 

Temporary Partner Visa for Prospective Marriage Visa holder

 

As stated above, yes you must apply for a further Partner Visa (a) after marrying, and (b) before the 9 months runs out. Definitely not a full visa application. Yes, it costs (a much smaller amount than the initial visa). But it is not the same as a stand-alone onshore partner visa application, despite having the same title and visa number (Subclass 820). It’s less work because less is required, however we still advise getting it professionally managed as some perfectly smart people have managed to get their applications refused. And as long as you do everything in time, she will remain in Australia on a Bridging Visa A while the application is being processed. No need to leave Australia and you!

 

Permanent Partner Visa (two years after last application lodged)

 

You apply for this visa at the same time as applying for a temporary partner visa, ie an 820/801 application. You need to provide them with further documents and relationship evidence at this later stage to show your relationship is still in place. You can get further information here: permanent partner visas.

 


Australian Prospective Marriage Visas Pros and Cons

Australian Prospective Marriage Visas pros and cons

 

  • Allows plenty of time for a wedding, ie no rush, as you have 12 months from the grant date
  • No time-limit in which to apply in the first place, ie. it’s a lower-pressure option than an onshore partner visa
  • Suitable for same-sex couples
  • Multiple entry visa
  • Has full work rights
  • Can include dependent children

 

  • Must be outside Australia to apply and for the visa to be granted
  • Not eligible for bridging visas
  • Must remain offshore during processing (unless visiting on tourist visa)
  • Not applicable to de facto couples
  • Has a followup partner visa to be lodged after marrying and before 12 months ends
  • Can’t apply for Medicare until after the next visa is applied-for
  • Slightly higher cost than an offshore partner visa
  • Requires a lot of evidence of relationship and other documentation
  • Will lead to a five year ban from re-applying (for another partner) if visa is granted and relationship ends
  • Of no value to uncommitted couples

Australian Prospective Marriage Visas FAQ

Can we apply for a Prospective Marriage Visa inside Australia?

No, you cannot. A Prospective Marriage Visa is an offshore visa only, which means the applicant must be offshore (ie OUTSIDE of Australia) when it’s lodged, and also when it’s granted.

Can we get a Prospective Marriage Visa if we want to marry in a year or two?

A Prospective Marriage Visa is granted with a condition that says you must marry within 12 months of the visa grant. You cannot delay this, or you will breach that visa condition and invite cancellation of the visa.

Can we get a Prospective Marriage Visa for a de facto relationship?

No sorry. You can only apply for it based on a prospective MARRIAGE.

Do we have to marry in Australia on a Prospective Marriage Visa?

Most Prospective Marriage Visa applicants do, and this is how the visa was designed. However you may marry anywhere as long as you entry Australia before marrying. That means you may travel together from Australia to another country and marry if you wish.

What if we don’t get married on a Prospective Marriage Visa?

You will breach visa conditions, and your visa will be cancelled.

Do we need to live together for 12 months first?

No, not at all. You don’t need to live together at all before the visa grant.

What if we haven’t met in person yet?

You must meet in person before applying for a Prospective Marriage Visa, or you will not meet the criteria and the visa application will be refused.

Can she work on a Prospective Marriage Visa?

Yes, Prospective Marriage Visa holders have unrestricted work rights.

Can she get a bridging visa on a Prospective Marriage Visa?

No, definitely not. Bridging visas never apply to offshore visa applications.

Can we get a Prospective Marriage Visa when I (or she) are still married/not divorced?

No, definitely not. You both must be legally free to marry in order to have a Prospective Marriage Visa granted.

What if we don’t marry within 12 months?

You will breach visa conditions, and you risk cancellation of your visa.

What if we marry before the Prospective Marriage Visa is granted?

If the visa is then granted, you will breach visa conditions. We may request that they withdraw a Prospective Marriage Visa application, and replace it with an offshore Partner Visa if we do so in plenty of time.

Can I include my kids in a Prospective Marriage Visa application?

Yes, they may be included as secondary applicants in that visa. Note that this depends on you having a legal right to remove them from the country, ie. if another parent still has joint custody then you will need their permission for this to happen.


Have A Prospective Marriage Visa Question Not Answered Above?

Australian Prospective Marriage Visas ask a question

Now, over to you the client (or potential client)! We value our clients opinions, and we believe in keeping all well-informed. What would YOU like to ask about prospective marriage visas? What do YOU think needs a bit more explanation? Ask below, and Jeff Harvie RMA will answer your question for you and for others wondering the same thing.

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PROSPECTIVE MARRIAGE VISA – Step By Step (CLICK)


Visa Comparisons

Confused with all the different Visa Options?Partner Visa Onshore? Or Partner Visa Offshore? Or Prospective Marriage Visa?

Get the pros and cons of each visa type so you can COMPARE, and make an informed decision based on expert advice!


Australian Prospective Marriage Visa Happy Couple Advantages of a prospective marriage visa (CLICK HERE)

Let us know where you wish to marry and when, and we can guide you with the best choice of visa to suit your needs! And also, use our free FREE VISA ASSESSMENT FORM to see if you do actually qualify for a visa

 
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Further information

Want to read more about Australian Prospective Marriage Visas from Vietnam? Check out some of our prospective marriage visa BLOG posts below.

Prospective marriage visa versus partner visa

The advantages of a prospective marriage visa to Australia

Can you get an onshore fiancée visa?


Read what some of our happy couples have had to say

 

“Virgie and myself like to thank Jeff and Mila for the excellent service provided for us to be together in Australia. I was recommended Jeff and Mila by a friend that also used them to get spouse visa. Jeff was great he sent through every detail we needed to know as this was new to both of us. It took a month or two to get all the required information to Jeff and he also told us we could get a tourist visa while we waited for the fiancee visa to processed. We had our tourist visa granted and we got to spend 3 months together in Australia. The hardest part was Vigie returned I had to leave without knowing how long till I could return and still had not heard anything about the fiancee visa. We submitted another tourist visa just cause we could not stand being apart. Today we received the great news that our fiencee visa had been granted after only 6 months. I rang Virgie the instant I open the email from Jeff. By the time Virgie answered the phone I was crying with joy and told her the good news. I kept crying fot at least 30 minutes after I got off the phone to Virgie and I would strongly recommend Jeff and Mila to anyone that is trying to get visa. We love you guys for making our dream come true.”

Justin and Virgie

“After 2 failed attempts applying for tourist/spousal vis privately, Melissa was granted a 3 months tourist visa (Including lodgement fees) and advice from a migration agent that cost P500 informing us that we only had 20% chance of obtaining the appropriate visa we decided to contact “Down Under Visa”. Jeff and Mila were truly proffesional in every aspect of the application and at no time did we feel that we would not be granted the visa’s. We would also like to add that the fees of Down Under Visa are much less than the other agents. Melissa was granted a 3 months tourist visa on November 16,2011 and prospective marriage about February 9,2012. We would like to express our thanks to Jeff/Mila for their effort and would have no hesitation in recommending “Down Under Visa” to anyone seeking those service. Keep up the great work Jeff.”

Regards,

Melissa and John

“I would like to let all those people who intend to obtain any kind of visa, especially visas for those for the Philippines to engage the services of Down under visas { Jeff and Mila Harvie }.

Their company is family owned and operated, so you always get personal service, above and beyond what is expected from a miggration agent.

In our case they rectified any potential problems, before they occurred. The immigration dept. suggested 6 months or more, but our case, which was a complex one, was completed in only 4 months. So professional was their work that the immigration dept. issued Marites fiance visa without an interview.

We cannot thank Jeff and Mila enough, for their thorough professional work, and reasonable charges.”

Trevor and Marites

Prospective Marriage Visas Articles From our BLOG page…

Fiancee Visa versus Cold Feet

And in answer to the second question:

This is generally plain ol’ “cold feet”! Think about it, and you’ll realise I’m probably right. It’s a common condition in men. Fear of taking the plunge, so you dip your toe in the water. Getting a tourist visa is the migration version of dipping a toe in the water!

If she loves you, she will love Australia! She will love your home if she loves you! What kind of girl says “OK. You are the man of my dreams, and I want to spend the rest of my life with you…….but I prefer Ho Chi Minh City to Melbourne!”?? Is this really likely?

Chances are if you do this, about a week before you have to put her on the plane back to HCMC, you’ll be kicking yourself for not applying for a fiancee visa. It could have been well and truly being processed by this stage, and you’ll be bidding farewell to the woman you love instead. And if you want her to be with you permanently, you’ll have to start at the beginning.

Full article

Why so popular?

It’s popular because it’s probably the more convenient, and causes the least stress. It gives the applicants 9 months to get a whole lot of important things done, and that’s not bad at all. When the visa is granted, you have nine months in which to marry.

Marrying in Vietnam has its charms. It’s different to a wedding back in Australia due to the crowds and general chaos. You get to feed half the town. You get to have a dozen bridesmaids. And you could have a Tuk Tuk as a wedding car! For many, great fun. For others, this will never be their cup of tea and they can end up regretting it.

Main downside of marrying in Thailand is the time it takes. You really need 3 – 4 weeks to get it all done. There are legal things to do, ie. getting the Certificate of No Impediment to Marriage from the Australian Embassy and applying for the marriage license, and all the organising of wedding dresses and umpteen outfits for the wedding party. And nothing happens in hurry in Vietnam. So 3 – 4 very busy weeks.

A Prospective Marriage Visa means you have 9 months to organise your wedding and to have your wedding in the comfort and relative efficiency of Australia. Plenty of time to organise everything you need without having to rush. You can marry in the Church, or you can get a marriage celebrant and have the wedding wherever you want it to be. In a reception place. In a park. On a beach. In your backyard. 9 months compares very favourably to 3 – 4 weeks, most definitely.

Full article


Partner Visa Prospective Marriage Visa De Facto Visa Why do you need
a Migration Agent?


 
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