You have found your love of your life online though social medica, dating site, gaming platform or by any means,  you have developed a deep connection, and now wants a future together in Australia but you’ve never met in person. Can you still apply for a Prospective Marriage Visa (Subclass 300)? Many couples face this dilemma.

The Prospective Marriage Visa (Subclass 300) allows you to come to Australia to marry your Australian partner (including same sex) and start your life together. Once granted, this visa lets you travel to, enter, and stay in Australia for 9 to 15 months, during which you must get married. If your marriage is genuine and ongoing, you can then apply for a Partner Visa (Subclass 820/801) to stay in Australia permanently. 

You must meet the following requirements:

1. Must have met in person

To be eligible for a Prospective Marriage Visa (Subclass 300), you and your partner must have met in person since both of you turned 18. This is a strict requirement, and it is your responsibility to provide satisfactory evidence of this meeting. Online communication such as video calls, or chatting, phoning do not count meeting in person. This interpretation has been upheld by the Full Federal Court, confirming that for a couple to have truly “met,” they must have been in each other’s physical presence rather than only interacting through digital or remote means. If you haven’t met in person yet, you’ll need to do so before applying for this visa.

2.  Must be known to each other personally

In addition to meeting in person, you and your partner must be ‘known to each other personally. While there is no strict requirement for the depth of knowledge you must have about each other, if you know very little about your partner, it may raise concerns about whether your relationship is genuine and if you truly intend to live together as spouses. 

To assess this, immigration officers may consider:
✔ Evidence of ongoing contact that shows how your relationship has developed.
✔ Whether your relationship aligns with traditional or cultural expectations based on your circumstances.
✔ Interviews with both you and your partner to understand the genuineness of your relationship.

Providing strong evidence of your personal connection and genuine intention to marry is essential for a successful Prospective Marriage Visa (Subclass 300) application.

3. Genuineness of the intended spouse relationship

Your relationship must be real and not just for the purpose of securing a visa. To ensure the genuineness of the intended spouse relationship, immigration officers need to be confident that both partners genuinely intend to live together as a married couple at the time of the application and when a decision is made. This means that after the marriage, the couple must have a mutual commitment to building a life together, excluding all other relationships, and their relationship must be genuine and ongoing.

4. No impediment to marriage

You must be free to marry. If you were married before, you must be legally divorced. For the marriage to be recognized under Australian law, both partners must be free to marry, meaning they should not be currently married to someone else, and the intended marriage must be legally valid in Australia. The most common issue that could prevent a marriage from being recognized is divorce. You must provide a court issued divorce order. You need to obtain No Impediment to Marriage Certificate from your home country. 

So, you are ready to build your future together in Australia? Let EMC Australia provide expert guidance through every step of your Partner or Prospective Marriage Visa application. 

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