Is Marriage required for a Prospective Marriage Visa

If you are discussing Australian visa options for your Thai, Filipina, Vietnamese, etc. girlfriend, fiancé or partner you may want to speak to us about it. Sometimes, assuming that you are both eligible, the best option is the Prospective Marriage visa. It is very important to recognise and understand the strict requirements for this visa. You should also note that the Prospective Marriage visa is linked to a Partner visa. In this article we will be looking at that link and explain how marriage comes into play.

A couple does not need to be married in order to apply for a Prospective Marriage visa. In fact, if you are already legally married to your wife (who is a foreign national) she will not be eligible for a Prospective Marriage visa. This is because a Prospective Marriage visa is in essence a visa for fiancés – the Prospective Marriage visa is also commonly known as the Fiancé visa. Apart from the other requirements, a couple need to be engaged to qualify to make a valid application.

Once you decide that youand your fiancé are eligible for the visa, you must prepare an application. The applications are complicated and if they are not prepared correctly they can and will be refused. That is why we recommend getting us to prepare the application for you and your fiancé. Once you submit your application for a Prospective Marriage visa you must wait for the application to be processed. The processing time can be anything form 6 months to 2 years and it varies depending in on many factors, including which Embassy the application was lodged at, the complexity of the application, as well as seasonal variations in the number of visa applications being processed and quotas. Once the application is processed, if your Prospective Marriage visa is granted, you will have to then need take the next steps in order to comply with the linked Partner visa application.

The holder of the Prospective Marriage visa must then get married to their Australian fiancé within 9 months of the date of grant of the visa. However, before you do this you must travel to Australia. You must not get legally married in another country before you travel to Australia. Once the couple enters Australia you are free to get married either in Australia, or you can chose totravel back overseas and get married in any other country, as long as Australian law recognises that marriage as legal.

Once the couple are married then you are then free to lodge an application for a Partner visa, assuming that you meet the other criteria.

Also, sometimes one of both of the engaged couple has been previously married to another person, and although separated and even in the process of divorce, they are still legally married to their former partner. The Migration Act states that in making a valid application for a Prospective Marriage visa the Applicant and Sponsor are allowed to still be legally married to another person. However, the Prospective marriage visa cannot be granted unless and until the divorce has come through or the former marriage has been dissolved or annulled.

Feel free to contact us for a consultation today at Australian Visa Advice (AVA).

Written by Luke Gorham ©2020
Registered Migration Agent
Australian Visa Advice
ETA Visa Australia Express

Photo Credit: pixabay




Can I work in Australia while waiting for my Visa?

No. As mentioned above, you can only apply for a Fiancé visa outside of Australia, and after submitting your application you will not be given any special work rights in Australia for while your application is processing.

What is a Spouse visa?

A Spouse Visa Australia is a visa which allows an eligible spouse of an Australian citizen or Permanent Resident to migrate to Australia. There are usually 2 parts to this migration. Typically, the Spouse visa Temporary is processed and granted. Then 2 years after lodging the initial application, you can then apply for the second part. In this part, the relationship is reassessed, and if deemed genuine, a Permanent visa will be granted.

Can Spouses work in Australia?

If you apply for a Spouse visa in Australia you will be granted a Bridging visa which will allow you to work while your Spouse visa application is processing. Whether you apply on or offshore, if your Spouse visa is granted you will have full work rights attached to your visa.

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