Who can apply?

Applicants for a prospective marriage [fiancé(e)] visa must be engaged to marry their sponsor.  The marriage must take place after the applicant's first entry to Australia and before the expiration of the visa.

The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Visa requirements

Genuine relationship requirement -
You must be able to prove:

• you genuinely intend to marry your fiancé(e) within nine months from the date you are granted a visa, and intend to then live with your partner as their spouse; and
• you and your fiancé(e) have met and are personally known to each other.

Age requirement -

Both you and your fiancé(e) must be aged 18 years or over unless one of the following circumstances applies:

• the department is satisfied that you and/or your fiancé(e) are due to turn 18 before the end of the period within which the intended marriage is to take place; or
• an Australian judge or magistrate has made an order under section 12 of the Marriage Act 1961 authorising you to marry your fiancé(e) or vice versa as required, and that order is in force and the department is satisfied that the marriage will take place.

Application process

Your application for a prospective marriage [fiancé(e)] visa must be lodged outside Australia and you must be outside Australia when you apply.

People applying under the prospective marriage [fiancé(e)] category go through a three-stage process.

The process involves applying for a prospective marriage temporary visa at the first stage, and a spouse temporary visa and spouse permanent visa at the second and third stage.

Stage 1 - Prospective Marriage temporary visa -
This stage involves assessment of your eligibility for a temporary visa based on your application.

You and your spouse may be asked to attend an interview to enable the department to further assess your application.

You will also be asked to undergo a medical examination and provide character clearances.

If you successfully complete the first stage of processing, you will be granted a temporary visa which will be valid for nine months from when it is granted.

Within those nine months you must travel to Australia, marry your fiancé(e) and apply for the spouse temporary and permanent visas in Australia.

Marrying before the visa application is decided

You must notify the visa processing office immediately and request that the application be processed as a spouse visa application.

Stage 2 - Spouse temporary visa -
This stage of processing will begin when you apply in Australia for the spouse temporary and permanent visas after your marriage.

You will be required to complete the relevant forms, pay the required charge and provide evidence that your marriage has taken place and is genuine and continuing. You and your spouse may be asked to attend an interview.

If you successfully complete this stage of processing, you will be granted a temporary visa which will be in effect until a decision is made on your application for a permanent visa.

Stage 3 - Spouse permanent visa -
This stage of processing will begin approximately two years after you lodged your application for spouse temporary and permanent visas and involves an assessment of your eligibility for a permanent visa.

You will be required to provide evidence that the relationship between you and your spouse is genuine and continuing.

If you have lived in Australia for more than one year, you will be required to provide an Australian police clearance.

You may also be required to provide clearances from other countries you have visited since your spouse temporary visa was granted.

You and your spouse may be asked to attend an interview.

If you meet all the requirements, you will be granted a permanent visa.

End of relationship before the third stage of processing

If the relationship ends while you have a temporary visa, you must inform the department immediately.  You may still be eligible for a permanent visa, without having to fulfil the normal two-year waiting period, if:

• after entering Australia and marrying your fiancé(e), the relationship breaks down and you or a member of your family are the victim of domestic violence committed by your spouse; or
• after entering Australia and marrying your fiancé(e), the relationship breaks down and you and your Australian spouse have children under 18 years of age; or
• after entering Australia, your spouse dies.

You can obtain a free assesment for this category by following this link