Prospective Marriage Temporary (Class TO) Visa Subclass (300)
This visa, commonly known as the fiancé visa, is for persons wishing to come to Australia to marry their sponsor, who must be an Australian citizen, Australian permanent resident, or eligible NZ citizen.
One of the requirements for the prospective marriage visa is that there must be no legal impediment to the marriage under Australian law. This is a requirement at time of decision rather than at time of application. It is possible for someone who is still legally married (but, for example, has applied for divorce, which is likely to become absolute soon) to sponsor, or be sponsored, as a fiancé(e) under this visa, providing both parties will have become free to marry at time of decision.
The prospective marriage visa will be valid for 9 months upon grant. Prior to grant, the overseas post will usually require the applicant to produce a letter from a marriage celebrant detailing the arrangements, including dates, for the intended marriage and confirmation that Notice of Intended Marriage has been lodged with the relevant government department. The applicant must then enter Australia, marry their sponsor and apply for the spouse (820/801) visa all within this nine-month period.
Partner (309/100 & 820/801) Visas
The Partner visa is a two stage process (temporary and permanent), and an applicant applies for both visas using one application form and paying only one application fee. The applicant must be sponsored by his/her respective spouse or de facto partner, who must be an Australian citizen, Australian permanent resident or eligible NZ citizen. If either party to the marriage is domiciled in Australia, both parties must have turned 18 at time of the marriage for it to be valid under Australian law, unless they marry under a court order. If the sponsor is under 18, then the sponsor’s parent or guardian may act as sponsor on behalf of the Australian spouse, providing the parent or guardian is an Australian citizen, Australian permanent resident or eligible NZ citizen.