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- Partner Visa Law
Prospective Marriage Visa Subclass 300 Lawyers Sydney
The Prospective Marriage Visa (Subclass 300), also known as a fiancé visa, allows you to travel to Australia to marry your Australian citizen, permanent resident, or eligible New Zealand citizen partner. PromptLaw’s Sydney migration lawyers manage every stage of your application, from eligibility assessment and evidence preparation through to lodgement, Department communications, and grant.
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- About This Visa
What Is the Prospective Marriage Visa (Subclass 300)?
The Prospective Marriage Visa (Subclass 300), commonly known as a fiancé visa, allows the overseas partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to travel to Australia to marry their sponsor. It is a temporary visa that forms the first stage of a pathway towards permanent residence.
Applicants must be outside Australia when the application is lodged and, in most cases, when the visa is granted. After arriving in Australia, the visa holder must marry their sponsor before the visa expires, which is generally nine months from the date of grant. The couple must also intend to live together as spouses after the marriage.
The Subclass 300 does not provide permanent residence. After the marriage takes place, the visa holder must lodge a separate Partner Visa (Subclass 820/801) application to continue their pathway towards permanent residence. If you are already married or in a genuine de facto relationship, the Subclass 309/100 offshore partner visa or the Subclass 820/801 onshore partner visa may be the more suitable option.
- Eligibility
Eligibility Requirements for a Prospective Marriage Visa Subclass 300
Offshore at Time of Application
You must be outside Australia when the application is lodged and, in most cases, when the visa is granted. The Subclass 300 is an offshore visa and cannot be lodged from within Australia. If you are currently in Australia and wish to remain to marry your partner, alternative pathways may apply depending on your circumstances.
Genuine Intention to Marry and Live Together
You must genuinely intend to marry your sponsoring partner before the visa expires and to live together as spouses. The Department assesses both the genuineness of the intended marriage and the couple’s intention to build a life together. Evidence of the relationship history, communication, shared commitment, and future plans is required.
Sponsorship Requirements
Your sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen aged 18 or older. They must be legally free to marry you. Sponsorship is subject to lifetime limits, with a general maximum of two sponsored partners and a five-year restriction between sponsorships. Your sponsor’s character and criminal history can also affect the outcome.
You Must Have Met Your Sponsor in Person
You and your sponsor must have met in person as adults before the application is lodged. There is no minimum period of acquaintance, but you must be able to show that you have met in person. Relationships maintained entirely online without an in-person meeting generally do not meet this requirement.
Age Requirement
Both you and your sponsor must be at least 18 years of age. Limited exemptions may apply in certain circumstances and are assessed individually. During the initial consultation, we confirm age eligibility and advise whether any exemption provisions may be available based on your circumstances.
Health and Character Requirements
Applicants and eligible family members must satisfy Australia’s health and character requirements. Health examinations are completed through approved panel physicians, and police certificates are generally required for countries where you have lived for 12 months or more since turning 16.
- How It Works
How the Subclass 300 Prospective Marriage Visa Works
The Subclass 300 forms the first stage of a broader pathway towards permanent residence. Understanding the full journey before you apply is important.
Subclass 300 Application (Offshore)
The application is lodged offshore and assessed by the Department of Home Affairs. Evidence of the genuine intention to marry and live together, along with the history of the relationship, must be provided. Once granted, the visa allows entry to Australia for the purpose of marriage.
Marriage in Australia Before the Visa Expires
After arriving in Australia on the Subclass 300, the visa holder must marry their sponsor before the visa expires, which is generally nine months from the date of grant. The marriage must be conducted in accordance with Australian law. Planning the timing of the marriage is important, as the right to lodge the subsequent partner visa while onshore depends on the validity of the Subclass 300 at the time.
Partner Visa (Subclass 820/801) After Marriage
After the marriage takes place, the Subclass 300 holder must lodge a Partner Visa (Subclass 820/801) application while remaining in Australia. This is a separate application with its own relationship evidence, health checks, and documentation requirements. The 820/801 pathway then leads to permanent residence (Subclass 801) approximately two years after the 820/801 is lodged.
- Refusal Risks
Why Subclass 190 Applications Are Refused
A number of Prospective Marriage Visa applications are refused each year due to issues that could be identified and addressed before lodgement. Common refusal grounds include:
- Relationship or intention to marry not accepted as genuine: The evidence provided does not satisfy the Department that the intended marriage is genuine or that the couple intends to live together as spouses
- No demonstrated in-person meeting: The application cannot demonstrate that the applicant and the sponsor have met as adults before lodgement
- Intention to live together not established: The application does not address the couple’s genuine plans to cohabit and build a life together after marriage
- Sponsorship eligibility issues: The sponsor does not meet the age, marital status, citizenship, or residency requirements, or has exceeded the lifetime sponsorship limit
- Character or health concerns not proactively addressed: Medical findings or criminal history are not managed through appropriate submissions before the Department makes a decision
- Inconsistency between the applicant and sponsor’s evidence: Statements and documents contradict each other or do not present a coherent picture of the relationship
- Insufficient evidence of genuine and ongoing contact: Where the couple met some time ago but has had limited documented contact since, the department may raise concerns about the currency and sincerity of the relationship
A pre-lodgement review of every file addresses these risks before the application is submitted.
- Documentation
Prospective Marriage Visa Documents Checklist for Offshore Applicants
Passport and Identity Documents
Provide a valid passport and birth certificate for all applicants. Documents not in English must be accompanied by certified translations from a NAATI-accredited translator. All documents must remain valid throughout the processing period.
Evidence of Having Met in Person
Provide documentary evidence confirming that you and your sponsor have met as adults before the application was lodged. This may include photographs together, travel records, passport stamps, or other records confirming the in-person meeting.
Health and Character Documents
Complete your health examination through an approved panel physician via the Department's HAP portal. Police clearance certificates are generally required for every country in which you have lived for 12 months or more in the past 10 years since turning 16.
Evidence of Genuine Relationship and Intended Marriage
Provide evidence showing that your relationship is genuine and that you both intend to marry and live together. This may include photographs together, communication records, evidence of shared activities, and supporting statements from family or friends.
Sponsorship Documents
Provide proof of your sponsor's Australian citizenship, permanent residency, or eligible New Zealand citizen status. The sponsor must also complete the required sponsorship application and supporting documents, which are submitted alongside the visa application.
Family and Dependent Documents
Where dependent children are included in the application, submit their passports, birth certificates, and any relevant custody or parental responsibility documentation.
- Processing Times
Subclass 300 Processing Time in Sydney
Processing times for the Subclass 300 Prospective Marriage Visa vary depending on the completeness of your application, health and character processing, and the Department’s current caseload.
The Department of Home Affairs publishes indicative processing times through its visa processing time guide. These timeframes should always be checked before lodgement because they are not guaranteed decision dates and change regularly.
A well-prepared, complete application submitted at the time of lodgement reduces the risk of avoidable delays caused by requests for further information. Every file is monitored, and Department requests are responded to promptly.
- Our Process
Our Step-by-Step Prospective Marriage Visa Application Proces
Consultation and Eligibility Assessment
Your relationship history, evidence of the in-person meeting, sponsorship eligibility, and any complicating factors are assessed before any application is lodged. Risks including character concerns, sponsorship history, and evidence gaps are identified upfront. All fees are confirmed in writing before engagement.
Document Preparation
Your application file is prepared strategically with relationship evidence tailored to demonstrate the genuineness of the intended marriage and the couple's intention to live together. Evidence of the in-person meeting, communication history, and mutual commitment is organised and presented comprehensively.
Submission and Communication
Your Subclass 300 application and the required sponsorship application are lodged simultaneously. From that point, all Department correspondence is managed by PromptLaw. Where the Department requests additional information, we advise on the appropriate response and assist with preparing the required
Monitoring Through to Grant and Next Steps
Your file is monitored throughout the processing period. Once the visa is granted, we advise on the requirements for marriage in Australia before the visa expires and assist with planning the subsequent Partner Visa (Subclass 820/801) application after the marriage takes place.
- Specialised Legal Support
Subclass 300 Problems? Our Sydney Lawyers Resolve Difficult Cases
Limited Evidence of In-Person Meeting
Where the in-person meeting occurred some time ago or is difficult to document, we assess all available evidence and advise on how to present the circumstances of the meeting in a way that directly addresses the Department's requirements.
Short or Long-Distance Relationships
Where the couple has been together for a relatively short period or has maintained the relationship primarily long-distance, we assess the available evidence and prepare a file that presents the genuineness of the relationship and the intended marriage as clearly as possible.
Character Issues and Criminal Records
A prior conviction does not automatically end Subclass 300 prospects, but it must be handled carefully. Character submissions and supporting evidence are prepared where required, and the matter is presented clearly and accurately.
Sponsorship Complications
Where the sponsor has previously sponsored another partner, has a criminal history, or does not fully meet the sponsorship requirements, the implications are assessed and advice is provided on the available options before any application is lodged.
Visa Refusals and ART Appeals
Some refused Subclass 300 applications may be reviewable at the Administrative Review Tribunal, depending on who lodged the sponsorship, where the applicant was located at the time of the decision, and the specific details of the refusal. Strict time limits apply. Seek advice promptly because review deadlines are strict.
Health Requirement
Concerns If a health issue arises during processing, the Department's concerns are reviewed, medical evidence is assessed, and available legal options are identified. This may involve responding to Department requests or preparing supporting submissions depending on the circumstances.
- Why CMI Legal
Why Sydney Clients Choose Our Team
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Every enquiry receives a same-day response, no exceptions. You will never wait days to hear from your lawyer.
Sydney-based legal team
Local knowledge of the Department, the Administrative Review Tribunal, and Sydney's community evidence landscape, not an offshore call centre.
Fixed and transparent legal fees
Confirmed in writing before you engage. No hourly billing surprises, just clear upfront pricing confirmed before we start work on your file.
MARA-registered lawyers only
Your matter is handled by MARA-registered migration agents and qualified migration lawyers throughout. No unregistered agents, no handoffs to junior staff.
Full-service law firm
If your matter touches property, commercial, employment, or other legal issues alongside migration, we handle it all within the same firm, with no referrals required.
Direct lawyer access
You deal with your lawyer throughout, not a case manager or paralegal. Direct contact, direct accountability.
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- FAQs
Frequently Asked Questions
What is the Prospective Marriage Visa (Subclass 300)?
The Subclass 300, commonly known as a fiancé visa, allows the overseas partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to travel to Australia for marriage. It is a temporary visa that forms the first stage of a broader pathway towards permanent residence. After marriage, a separate Partner Visa (Subclass 820/801) must be lodged to remain in Australia.
What is the difference between the Subclass 300 and the Subclass 309/100?
The Subclass 300 is for couples who are not yet married and intend to marry in Australia. The Subclass 309/100 is for couples who are already married or in a genuine de facto relationship. If you are already married, the 309/100 offshore partner visa is the more appropriate pathway. We confirm which visa suits your circumstances before any application is prepared.
How long do we have to marry after the Subclass 300 is granted?
The visa holder must marry their sponsor before the visa expires, which is generally nine months from the date of grant. If the marriage does not take place before the visa expires, the visa will cease and the applicant will need to depart Australia. Timing should be planned carefully before the visa is lodged.
Can I travel outside Australia on a Subclass 300 visa?
The Subclass 300 is a multiple-entry visa, which generally allows the holder to travel in and out of Australia during the validity period. However, the marriage must take place in Australia before the visa expires. Travel plans should be considered carefully to ensure sufficient time remains to complete the marriage before the visa ceases. Confirm current travel conditions with your migration lawyer.
Do I need to have met my partner in person to apply for a Subclass 300?
Yes. The Department requires that the applicant and the sponsor have met in person as adults before the application is lodged. Relationships maintained entirely online without any in-person meeting do not satisfy this requirement. Evidence of the in-person meeting must be provided with the application.
What happens after we get married in Australia?
After the marriage takes place, you must lodge a Partner Visa (Subclass 820/801) application while remaining in Australia. This is a separate application with its own relationship evidence, health checks, and documentation requirements. The 820/801 pathway leads to permanent residence (Subclass 801) approximately two years after lodgement.
What happens if my Subclass 300 application is refused?
Some refused Subclass 300 applications may be reviewable at the Administrative Review Tribunal, depending on who lodged the sponsorship, where the applicant was located at the time of the decision, and the specific details of the refusal. Strict time limits apply. Seek advice promptly because review deadlines are strict.
Can I include my children in my Subclass 300 application?
Yes. Dependent children can generally be included as secondary applicants. Each secondary applicant must meet health and character requirements. Additional government fees apply for each dependent included in the application.
How much does a Subclass 300 visa lawyer cost in Sydney?
Fees vary depending on the complexity of your circumstances and the number of dependents included in the application. All fees are fixed and confirmed in writing before engagement, with no hourly billing. A full fee breakdown is provided during the initial consultation.
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