Applying for an Australian fiance visa
Some points to remember:
- In this case the applicant has to evidence that they have an intention to marry their partner at a later date.
- Proving an intention to marry is just one of the many criteria that must be established before the fiancé visa can be granted.
- If applying for a fiancé visa, the correct name of the visa is known as a prospective marriage visa (subclass 300).
- After the holder of the prospective marriage visa has entered Australia they must legally marry.
- After the marriage has taken place the applicant must then apply for an onshore partner visa.
- A prospective marriage visa can only be applied for and granted when the applicant is offshore.
- There is no onshore equivalent for the prospective marriage visa.
Obtaining an Australian fiance visa
If you are in Australia and your become engaged to your partner, you must leave Australia to lodge a prospective marriage visa. If however you marry your partner or are in a de-facto relationship, you may be eligible to apply for an onshore partner visa. This will however depend upon the visa that you currently hold and whether it has any conditions attached to it that prevents you from applying for an onshore partner visa.
- You will also have to establish whether you satisfy all of the criteria to make a valid application for an onshore partner visa. If you don’t, then your application will be refused.
- Same sex couples should note that they are not eligible to apply for a prospective marriage visa.
- A prospective marriage visa is only available to applicants and sponsors of the opposite sex.
- Same sex couples are eligible to apply for a partner visa based on de-facto relationship. Depending upon the applicant’s circumstances this can be applied for onshore, that is in Australia, or offshore.
- A de-facto relationship in broad terms is where two people live together in genuine and continuing marriage like relationship to the exclusion of all others.
- At the time of application, the applicant and sponsor should have been living in a de-facto relationship for at least one year at the date of application.
When submitting a partner visa application to the Department of Immigration and Citizenship (DIAC) you will need to provide supporting documentation that evidences your de-facto relationship with you partner who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.