Fiancé Visa

A Fiancé visa, also known as a Prospective Marriage visa subclass 300, is a fast option to bring your girlfriend to Australia permanently.

The Fiancé visa is part of the Partner visa family. In this article I discuss:

why the Fiancé visa is a good option if you have a short relationship history;
Fiancé visa requirements;
how to upgrade your Fiancé visa to a Partner visa; and
what happens if you marry before your Fiancé visa decision.

This article, written by our Senior Immigration Lawyer, looks at your Fiancé visa options, and the key considerations when preparing for your Fiancé visa application.

What is a Fiancé Visa

To better understand what a Fiancé visa is; it is helpful to explain the role of two other visas: the Visitor visa and the Partner visa.

By comparing the three visas, the role of the Prospective Marriage Visa is better understood.

Visitor visa

A visitor visa is a short-term visa given to touists or those visiting Australia to see family. Visitor visas allow a stort stay in Australia from three to twleve months.

The Visitor visa is useful if you want your girlfriend to come to Australia to stay with you for a holiday.

The two main advantages of Visitor visa are:

you don’t need a long relationship history or to have lived together to get a Visitor visa; and
the Visitor visa is granted quickly, so you need only wait a few weeks for your girlfriend to come to Australia.

Partner Visa

A Partner visa is a permanent visa given to couples so that they can live together in Australia long-term.

Unlike a Visitor visa, to get a Partner visa;

you must have a long term relationship history and must have lived together; and
the Partner visa waiting time is long, often up to two years.

Comparing Visitor visa, Prospective Marriage Visa and Partner visa

Now lets compare the Prospective Marriage Visa – we see that it is a kind of inbetween visa.

To get a Fiancé visa:

your don’t need a long relationship history – you just need to be engaged; and
the waiting time is six to nine months, so its longer than a Visitor visa but much less than a Partner visa.

To get a Fiance visa though you do need to be engaged. More importantly, you must not be married to anyone else.

If you are already married, you are limited to Partner visa on a de facto basis.

I’ve written a comprehensive guide to De facto visas for those who either cannot marry or don’t want to marry.

Finally, the Prospective Marriage Visa only allows a nine-month stay in Australia. The holder must marry and apply for the Partner visa in this time. So again, it is an inbetween visa.

The stay is longer than a three-month visitor visa but definitely not a permanent stay – although it does lead to permanent residence.

Why apply for a Fiancé Visa

There are many reasons to apply for a Fiancé visa:

it is a permanent visa option for those who have a short relationship history;
it leads to Australian permanent residence;
Fiancé visa holders have full work rights and access to Medicare;
You can bring your children to Australia with a Fiance visa; and
For unmarried couples who don’t meet the De facto visa living together requirement, the Fiancé visa offers a pathway to Australian permanent residence.

Advantages of the Prospective Marriage Visa

Firstly, the Fiancé Visa has a low threshold requirement to apply. You need only have met the person you intend to marry and genuinely intend to marry them.

Compare this with a Partner visa, where you need to have lived together for 12 months – if you intend to apply on a de facto basis.

Another advantage of the Fiancé visa is that you can apply for it and then you can marry and upgrade to the Partner visa – free of charge.

All you have to do is supply your marriage certificate to your Immigration Case Officer and you will then be considered for the 309 or 820 Partner visa.

Disadvantages

If you have a Fiancé visa, you marry and then apply for the Partner visa, there is an extra fee for the Australian government.

Also, the Fiancé-Partner visa pathway is the slowest way to get your Permanent Residence.

First, you will wait about a year to get the Fiancé visa. Then you apply in Australia for Partner visa 820 which will take around two years. Finally, to get your Permanent Residence Partner visa 801 will take another year.

So this way of going about things it will take around 4 years from beginning to Permanent Residence.

However, if you consider that you can apply for the Prospective Marriage Visa very early in your relationship then it does make sense that things should eventually take longer.

We have written a details article about success in long-distance relationships.

Fiancé visa Requirements

There are two main requirements for a Fiance visa:

You must have met in person; and
You must genuinely intend to marry within 9 months of getting your Fiancé visa.

Move from Fiancé Visa to Partner Visa

Some people, who intend to marry, apply for a Fiancé visa. The Fiancé visa lets your partner come to Australia for 9 months.

During the 9 months you can make plans for your wedding. You mjust marry during the nine months and then notify Immigration by supplying your marriage certificate and making a Partner visa application.

Get married while you wait

It is very common for couples to apply for a Prospective Marriage Visa and then decide to just get married anyway. This is understandable, you’re engaged and in love, lets just get married. So, what happens with your visa application.

The good news is that you are allowed to get married while your Fiancé visa is processing. All you need to do is infomr immigration that you have been married, supply them with the Marriage certificate and your Prospective Marriage Visa application will automatically be upgraded to a Partner visa application. Free of charge!

Getting married while you wait for a Fiancé visa is a very crafty way to avoid the living together requirement of a Partrner visa 309/100 or 820/801 application. Why?

Even those who are married need to live together for six months to apply for a Partner visa. But to apply for Fiancé visa you only need to have met each other. So you can instead apply for the Prospective Marriage Visa and then get married.

You will then be upgraded to a Partner visa application and you have avoided needing to live together for six months.

Fiancé visa and Visitor visas

The first visa to Australia for most couples is a Visitor visa. Then she will come to Australia for a holiday. Normally three months. You might get another Visitor visa. But soon it will become obvious to Immigration that you are not really a tourist. What you are doing is using Visitor visas to live in Australia. To live with your partner.

You cannot keep getting Visitor visas. Immigration will soon refuse your Visitor visa. If they think you are abusing the system.

If you plan to marry your girlfriend, then consider a Fiancé visa. This way she can come to Australia permanently.

You can then apply for a new Visitor visa while you wait, and it is much more likely to succeed because you have already applied for the Fiancé visa. Immigration will see that you are doing the right thing. You are not trying to circumvent the proper pathway.

Fiancé visa for Filipino girlfriend

To get a Fiancé visa you must have met your Filipino girlfriend in person. Then, you must also genuinely intend to marry.

With a Fiancé visa, she can travel from the Philippines to Australia and stay for nine months.

The marriage can take place anywhere, in Australia or outside, but it must occur within nine months of the Prospective Marriage Visa grant to qualify for the Partner visa that follows.

For Filipino ladies, often the fiancé visa is not the best option. Many couples prefer to bring the Filipino lady to Australia with a Visitor visa first.

This way you can spend more time together in Australia until you qualify for the Partner visa. Once you apply for that, she gets to stay in Australia until the Partner visa decision.

It means that she gets to stay in Australia, with full work rights and Medicare while waiging for her Partner visa . This means, no more Australian visa applications or flights to and from the Philippines.

Fiancé visa for Thai girlfriend

To get a Fiancé visa you must have met your Thai girlfriend in person. Then, you must also genuinely intend to marry.

The marriage can take place anywhere, in Australia or outside, but it must occur within nine months of the Prospective Marriage Visa grant to qualify for the Partner visa that follows.

If your girlfriend is from Thailand, then a Prospective Marriage Visa can be a great option to get her a longer stay in Australia.

This is because most Visitor visa applications from Thailand only allow a three-month stay.

If, however, you have already applied for a Fiancé visa, immigration tend to be more generous with a Visitor visa.

You will then possibly get a 12-month visa for your Thai girlfriend. She can stay in Australia while you wait for the Fiancé visa.

Fiancé visa for Vietnamese girlfriend

To get a Fiancé visa you must have met your Vietnamese girlfriend in person. Then, you must also genuinely intend to marry.

With a Fiancé visa, she can travel from Vietnam to Australia and stay for nine months.

The marriage can take place anywhere, in Australia or outside, but it must occur within nine months of the Fiancé visa grant to qualify for the Partner visa that follows.

For Vietnamese ladies, often the Prospective Marriage Visa is not the best option. Many couples prefer to bring the Vietnamese lady to Australia with a Visitor visa first.

This way you can spend more time together in Australia until you qualify for the Partner visa. Once you apply for that, your Vietnamese girlfriend gets to stay in Australia until the Partner visa decision.

It means that she gets to stay in Australia, with full work rights and Medicare before her Partner visa decision. This means, no more Australian visa applications or flights to and from Vietnam.

Fiancé visa for Cambodian girlfriend

To get a Fiancé visa you must have met your Cambodian girlfriend in person. Then, you must also genuinely intend to marry.

With a Fiancé visa, she can travel from Cambodia to Australia and stay for nine months.

The marriage can take place anywhere, in Australia or outside, but it must occur within nine months of the Prospective Marriage Visa grant to qualify for the Partner visa that follows.

For Cambodian ladies, often the Prospective Marriage Visa is not the best option. Many couples prefer to bring a Cambodian lady to Australia with a Visitor visa first.

This way you can spend more time together in Australia until you qualify for the Partner visa. Once you apply for that, she gets to stay in Australia until the Partner visa decision.

It means that she gets to stay in Australia, with full work rights and Medicare while waiging for her Partner visa. This means, no more Australian visa applications or flights to and from Cambodia.