Navigating the labyrinth of visa options can be daunting, especially when you're looking to bring a loved one to Australia. Two common visa types that couples often consider are the Prospective Marriage Visa (Subclass 300) and the Offshore Partner Visa (Subclass 309). Although both visas ultimately aim to unite partners, they serve different purposes and have distinct application processes. Let's dive into the key differences between these two visa options.
Prospective Marriage Visa (Subclass 300)
The Prospective Marriage Visa, often referred to as the "fiancé visa," is designed for those who are engaged to be married to an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa allows the holder to enter Australia, marry their partner within nine months, and then apply for a Partner Visa (Subclass 820/801) to remain in Australia permanently.
Key Features:
- Eligibility: Applicants must be outside Australia when they apply and when the visa is granted. They must also prove that they are engaged to be married to their Australian partner.
- Duration: The visa is valid for nine months from the date of grant, during which the couple must marry.
- Application Process: The process involves submitting proof of a genuine relationship, including evidence of plans to marry. This might include wedding invitations, venue bookings, and statutory declarations from friends and family.
- Work and Study Rights: Holders of this visa can work and study in Australia, but they are not eligible for government funding for their studies.
- Health and Character Requirements: As with most Australian visas, applicants must meet health and character requirements.
Offshore Partner Visa (Subclass 309)
The Offshore Partner Visa is designed for partners of Australian citizens, permanent residents, or eligible New Zealand citizens who are already in a de facto relationship or married. This visa allows the partner to live in Australia permanently.
Key Features:
- Eligibility: Applicants must be outside Australia when they apply and when the visa is granted. They need to provide evidence of a genuine and ongoing relationship. This can include joint bank accounts, rental agreements, and photographs together.
- Temporary to Permanent: The Subclass 309 visa is the temporary stage of the Partner Visa. Once granted, applicants can stay in Australia while their permanent Partner Visa (Subclass 100) application is processed. This usually takes about two years.
- Work and Study Rights: Holders of the Subclass 309 visa can work and study in Australia and may be eligible for government-funded programs.
- Health and Character Requirements: Similar to the Prospective Marriage Visa, applicants must meet health and character requirements.
- Relationship Proof: The visa requires comprehensive documentation proving the relationship’s authenticity and duration. This includes financial aspects, household arrangements, social context, and commitment.
Comparing the Two Visas
- Purpose and Timing: The Prospective Marriage Visa is for couples planning to marry, allowing entry to Australia for marriage within nine months. In contrast, the Offshore Partner Visa is for couples already in a de facto relationship or married, providing a pathway to permanent residency.
- Application Location: Both visas require the applicant to be outside Australia at the time of application and grant. However, after marriage, the Prospective Marriage Visa holder must apply for a Partner Visa (Subclass 820/801) onshore.
- Duration and Transition: The Prospective Marriage Visa is temporary and specific to marriage plans. The Offshore Partner Visa starts as a temporary visa but transitions to permanent residency.
- Documentation: Both visas require substantial evidence of the relationship’s genuineness. However, the type of evidence and focus (marriage plans vs. ongoing relationship) differ.
Choosing between the Prospective Marriage Visa and the Offshore Partner Visa depends on your relationship status and future plans. If you're engaged and planning to marry, the Prospective Marriage Visa may be your best bet. If you're already married or in a de facto relationship, the Offshore Partner Visa offers a clear path to permanent residency in Australia.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping partners, graduates, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you require assistance with your Prospective Marriage Visa Application Subclass 300 or have any other immigration-related queries, our experienced team can help.
Please book a free 15-minute discussion with our team if you have further questions.
Written by Ines Jusufspahic, LPN: 5511366
This article does not constitute legal advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.