
Australian Immigration Law states that you may be eligible for a same-sex Marriage visa if you are engaged and committed to marry your same-sex partner who is an Australian Citizen, an Australian Permanent Resident, or an eligible New Zealand Citizen.
The offshore Prospective Marriage Visa (Subclass 300) is available to same-sex couples and the LGBT community. To satisfy the criteria for a marriage visa, your relationship should be genuine and continuing.
At a minimum, you must have met your fiancé(e) in person; if you have only met online, this is not enough to satisfy the visa requirements. It does not matter whether you met in Australia or abroad, but you must have met in person and have evidence to verify the meeting took place.
Which Partner Visa Is Best For You?
SAME SEX PARTNER VISA AUSTRALIA
There are several visa options to choose from. Are you overseas and have you discussed marriage? When deciding which visa is best for your situation, ensure you engage a professional who can offer up-to-date and clear advice. Our expert immigration consultants are knowledgeable and registered with MARA, the governing body of migration agents in Australia.
What Is the LGBT Prospective Marriage Visa (Subclass 300)?
The Prospective Marriage Visa allows an engaged partner outside Australia to come to Australia to marry their fiancé(e) within nine months of the visa grant. Since Australia legalized same-sex marriage in 2017, the government fully recognizes same-sex marriages for visa and immigration purposes. This means same-sex couples are eligible for the Prospective Marriage Visa just like opposite-sex couples.
Who Is Eligible for the LGBT Prospective Marriage Visa?
To apply for this visa, you must:
- Be engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Be outside Australia when you apply for the visa and when it is granted.
- Intend to marry your fiancé(e) within nine months of arriving in Australia.
- Be able to prove your relationship is genuine and ongoing.
- Meet health and character requirements.
Why Choose the Prospective Marriage Visa?
- Gives you time to plan your wedding in Australia without rushing.
- Allows you to work and study in Australia while waiting for your marriage.
- After marriage, you can apply for a Partner Visa (Subclass 820/801) to stay permanently.
How to Apply for the LGBT Prospective Marriage Visa?
Step 1: Gather Your Documents
Prepare documents that prove your relationship, including photos, travel records, communication history, and statutory declarations from friends and family.
Step 2: Submit Your Application
Apply online through the Department of Home Affairs or contact registered migration agents for assistance.
Step 3: Wait for Processing
Processing times typically range from 12 to 16 months. Keep documents updated and respond promptly to any requests.
Step 4: Marry in Australia
Once your visa is granted, you must marry your fiancé(e) within nine months.
Step 5: Apply for a Partner Visa
After marriage, apply for the Partner Visa to live permanently in Australia.
Interesting Facts About LGBT Visas & Australian Immigration
Fact | Details |
Year Australia legalized same-sex marriage | 2017 |
Subclass number for Prospective Marriage Visa | 300 |
Validity period to marry after visa grant | 9 months |
Average processing time for Subclass 300 visa | 12 to 16 months |
Recognition of same-sex marriages for visa purposes | Fully recognized since 2017 |
Percentage of partner visa grants for same-sex couples | Increasing steadily as awareness and acceptance grow |
Migration agents regulated by | MARA (Migration Agents Registration Authority) |
Work rights on Prospective Marriage Visa | Yes, full work and study rights |
Next step after marriage | Apply for Partner Visa (subclass 820/801) |
Need Help With Your LGBT Prospective Marriage Visa?
Navigating visa applications can feel overwhelming, especially when it involves such an important life step.
Contact us today for expert advice, application assistance, and personalized support. Our licensed Australian migration agents specialize in LGBTQ+ visas and can help you make your dream a reality.