Fiancee Visa or Prospective Marriage Visa?

Fiancee Visa or Prospective Marriage Visa?

This question is often asked. The short answer is that there is no absolutely difference. The correct name for a fiancee visa pursuant to the Australian Migration Regulations is a prospective marriage visa. If you want to get super technical it is a subclass 300 prospective marriage visa, but more often than not it is just simply referred to as a fiancee visa.

My Thai girlfriend and I want to get married but we are confused about which visa we should apply for. So, should we get married?

As you have probably guessed then, one of the primary criteria for the successful grant of a fiancee visa, or if you want to call it a prospective marriage visa, is that you are in fact engaged to be married to your Thai girlfriend. The applicant and sponsor must clearly evidence that they have a genuine intention to marry in the future.

A fiancee visa is a temporary visa, that once granted is valid for 9 months from date of visa grant. If your fiancé is granted a fiancee visa, then she must enter Australia within the 9 month period and marry you. If she fails to do so, or marries you prior to entering Australia then she would have breached a condition of her visa. The fiancé visa is only a temporary visa.

After your fiancee marries you, she must then apply for a partner visa.  This is a further visa application. Your wife as she would then be would have to make application for a temporary partner visa. At this time she would also apply for the permanent partner visa, but a decision is not made on that visa until at least two years has passed. This is to assess that the relationship between applicant and sponsor is still genuine and continuing before she is granted Australian permanent residency.

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On August 22, 2010, posted in: Visa Advice by
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