Australian Fiance Visa - Do You Qualify?

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If you want to migrate to Australia and you are in a committed relationship, you may be able to do so under a fiancé visa, or Prospective Marriage Visa to give the class of visa its correct name.  But what is a Prospective Marriage Visa and do you qualify for one?  Read on for more information.

What is an Australian Prospective Marriage Visa?

An Australian Prospective Marriage Visa is a temporary visa for people who are unmarried but who have a fiancé(e) who is an Australian resident.  Your Australian partner is classed as your 'sponsor'.  The visa is valid for a period of nine months, and at the end of this time you must marry your sponsor in order to remain legally in Australia.

Once you're married, your sponsor must provide a statement in writing which states that they will support you for your first two years living in Australia.  This material support includes providing you with accommodation and financial assistance to meet your costs of living. 

Are you eligible for an Australian Prospective Marriage Visa?

In order to qualify for an Australian Prospective Marriage Visa you must fulfil the following requirements, and keep in mind that same-sex couples are also permitted to apply for an Australian Prospective Marriage Visa.

  1. You must be sponsored by your Australian fiancé(e) who must also be an Australian citizen or a permanent resident.  You must be in a genuine permanent relationship with your sponsor.  
  2. You must be able to prove that there is no lawful reason why you cannot marry your fiancé(e).  In other words, you must both be single and therefore free to marry; you must both be old enough to get married; and the marriage must be recognised under Australian law.  
  3. You must be able to prove that you have both met and that you know your intended spouse.  This is particularly important in cases of arranged marriages where both parties must have met at least once.  If you met your partner on the internet, you must also have met in person; an exchange of pictures or text messages is not sufficient.  
  4. In addition to separate eligibility criteria detailed above, you must also pass the general health and character requirements laid out by the Australian immigration authorities in order to be granted a Prospective Marriage Visa.

Once the Prospective Marriage Visa has been granted, you will be allowed to work in Australia.  Upon your marriage, you can apply for a Spouse Visa that will entitle you to permanent residence in Australia.

If you are engaged to be married to an Australian citizen, you may be eligible to apply for a Prospective Marriage Visa.  As the immigration process is complicated and there are many pitfalls, it's recommended that you work with an experienced migration agent to ensure that your application goes through smoothly.