You must be sponsored by an Australia citizen or Permanent Resident or an eligible NZ citizen and both of you must be at least 18 (unless exempted), have met in person (not on social media). Both you and your sponsoring partner must satisfy the criteria for the grant of the visa.
Can I include my children in my application for a Prospective Marriage visa?
Yes, provided your children are under 18 or has not turned 23 and are your dependents, and their other parent has given permission for them to emigrate with you.
If I applied for a Prospective Marriage visa, can we marry overseas?
No, if you are married while the Department is processing your Prospective Marriage Class TO Subclass 300 application (condition 8515 – not to marry before entry to Australia; condition 8519 – marriage to take place within the visa period), you cannot be granted a Prospective Marriage visa. You will have to advise the Department that you are now married and wish to have your application processed as a Partner UF-309 visa application.
If I applied for a Prospective Marriage visa, do we have to make arrangement for our wedding/marriage?
Yes, your sponsoring partner should make arrangement for you to be married. You should provide the Department the Notice of Intended Marriage (NOIM).
If I come to Australia on a Prospective Marriage TO-300 visa but my relationship with my sponsoring partner had ceased. Can I still apply for Partner visa?
Yes, you can apply for a Partner UK-820 / BS-801 visa if you or a dependent have suffered from family or domestic violence during your relationship.
If I come to Australia on a Prospective Marriage TO-300 visa but after we got married, my sponsoring partner passed away. Can I still apply for Partner visa?
Yes, you can if the Minister is satisfied that your relationship would have continued if the sponsoring partner had not died and you have developed close business, cultural or personal ties in Australia.
If I come to Australia on a Prospective Marriage TO-300 visa and married my sponsoring partner but my visa had ceased. Can I still apply for Partner visa?
Yes, you can, provided you satisfy the criteria for the grant of an Onshore temporary Class UK Subclass 820 / permanent Class BS Subclass 801 visa.
If I come to Australia on a Prospective Marriage TO-300 visa, can I change my sponsor?
Yes, if your subsequent sponsor is your spouse or de facto partner who is an Australian citizen or PR or eligible NZ citizen.
For more information on Prospective Marriage visa, see Subclass 300 visa.
You can ask them to provide you with that information so that you may be able to provide an informed response. They might not give you the entire information, for eg, the identity of the person providing the tip-off or dob-in.
A bridging allows you to remain lawfully in Australia until an event occurred, eg your visa application is finalized or you departed the country.
Can I apply for a bridging visa?
Generally, you may apply for a Bridging Visa B to allow you to travel and return to Australia. However, you must hold a Bridging Visa A to be eligible for a Bridging Visa B.
You may also apply for a Bridging Visa C to have the No Work removed from your current Bridging Visa C.
You could apply for a Bridging Visa D if your previous visa application was returned to you as invalid and your existing visa has expired. You can apply for a Bridging Visa D to allow you to remain in the country legally while you lodge your visa application again.
You may also apply for a Bridging Visa E, if your visa is cancelled, to allow you to depart Australia lawfully; or you have applied to the Court to review a decision to refuse to grant you a visa, to allow you to remain in Australia for the Court hearing. In some cases, you cannot apply for a Bridging Visa (especially Bridging Visa E) unless the Minister exercise his discretionary power to grant you a Bridging Visa.
You may be granted a BVF (Class WR Subclass 060) if you are a suspected victim of human trafficking, slavery or slavery-like practices. This visa allows you to travel to Australia once and allow you to remain in Australia for a specified date.
You may be granted a BVR (Subclass 070) if you are in immigration detention pending your removal from Australia. The Minister may grant you this visa under reg. 2.25AA or under section 195A.
A substantive visa is a visa other than a Bridging Visa or Criminal Justice visa.
Yes, you can apply for a Transit Visa before you clear immigration to leave the airport for not more than 72 hours if you hold an outward flight to another country or to your final destination (for more information see Subclass 771 visa).
The Department priorities family visas, for example, Partner or Child visa are given high priority and are usually uncapped, that is, there is no fixed number of visas that can be granted annually. Whereas, Parent visas are capped, and it is queued. In this case, it is “first in, first out” for visa processing and granting. This is known as capping and queuing.
1 academic year is at least a total of 46 weeks of the duration of a course(s).
2 academic years is at least a total of 92 weeks of the duration of a course(s).
3 academic years is at least a total of 138 weeks of the duration of a course(s).
1VAC (the 1st instalment of visa application charge) is payable if the application is combined with another application. Additional application charge is payable when an applicant is added to the undecided application by a newborn child or a newly married spouse or a de facto partner or a dependent child.
A subsequent temporary application charge is payable if the visa you are applying is specified in a Legislative Instrument (for example, IMMI 18/055), eg Student or Student Guardian visa, TSS 482, etc. You are in Australia at the time of application, and you hold or the last substantive visa held was a visa specified in the Legislative Instrument. Or you were in Australia at the time of applying for the previous visa and it was not granted. Subsequent temporary application is $700 (subject to change).
You can only adopt a child who is under 18 and must be in accordance Australia and overseas laws (if child is not an Australian).
Adverse information include information that you have contravened a law of the Commonwealth, a State or Territory; or you are under investigation, subject to disciplinary action or subject to legal proceedings; or has been the subject of administrative action for a possible contravention of a law; or you have become insolvent; or you have given, or caused to be given, to the Minister, an officer, the AAT or an assessing authority a bogus document, or information that is false or misleading in a material particular.
An aged dependent relative is a relative who does not have a spouse or de facto partner and is dependent on the sponsor for a reasonable period and remains so dependent; and is old enough to be granted an age pension.
A relative is your close relative; or a grandparent, grandchild, aunt, uncle, niece or nephew or step equivalent.
Your close relative is your spouse or de facto partner; a child, parent, sibling or step-child, step-sibling.
A person is dependent on you if that person is, and has been for a substantial period immediately before that time, wholly or substantially reliant on you for financial support to meet his or her basic needs for food, clothing and shelter; and that reliance is greater on you than on any other person, or source of support. The person can be wholly or substantially reliant on you for financial support because he or she is incapacitated for work due to the total or partial loss of bodily or mental functions.
65 years and 6 months if born between 1 July 1952 and 31 December 1953
66 years if born between 1 January 1954 and 30 June 1955
66 years and 6 months if born between 1 July 1955 and 31 December 1956
67 years if born from 1 January 1957.
A parent who is old enough to be granted an age pension under Social Security Act 1991
65 years and 6 months if born between 1 July 1952 and 31 December 1953
66 years if born between 1 January 1954 and 30 June 1955
66 years and 6 months if born between 1 July 1955 and 31 December 1956
67 years if born from 1 January 1957.
You have a compelling need to work if and only if you are in a financial hardship.
An Australian Permanent Resident is a non-citizen who holds a Return (Residence) Class BB visa (see Subclass 155 visa) or Resident Return (Temporary) Class TP visa (see Subclass 157 and Subclass 159 visas). A permanent visa is a visa that allows the holder to remain in Australia indefinitely.
An Australian relative is a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible NZ citizen.
An eligible NZ citizen is a NZ citizen who is a protected SCV holder who was in Australia as SCV holders on 26 February 2001 for a period of, or periods totaling, 12 months during the 2 years immediately before 26 February 2001; commenced or recommencing residing in Australia within 3 months from 26 February 2001 or was residing in Australia on 26 February 2001 but was temporarily absent.
To satisfy the Australian study requirement you have to completed 1 or more degrees, diplomas or trade qualifications at an Australia educational institution as a result of a course or courses that are registered courses; and that were completed in a total of at least 16 calendar months; and that were completed as a result of a total of at least 2 academic years study; and the medium of instruction was English; which you undertook while in Australia holding a visa authorizing you to study.
You have completed a degree, diploma or trade qualification if you meet the academic requirements for its award. Completing a course does not require the award is formally conferred.
A degree is a formal qualification, under the Australian Qualifications Framework, awarded by an Australian educational institution as a degree or a postgraduate diploma for which the entry level is (i) satisfactory completion of year 12 in the Australian school system or of equivalent schooling – for a Bachelor’s degree; (ii) satisfactory completion of a bachelor’s degree awarded at an Australian tertiary educational institution or of an equivalent award – for a Master’s degree; and (iii) satisfactory completion of a bachelor’s degree awarded with honours, or a master’s degree, at an Australian tertiary educational institution or of an equivalent award – for a Doctoral degree; and (iv) satisfactory completion of a bachelor’s degree or diploma awarded at an Australian tertiary educational institution or of an equivalent award – for Postgraduate diploma. If it a bachelor’s degree, not less than 3 years of full-time study, or the equivalent period of part-time study.
A diploma is an associate diploma, or a diploma, that is awarded by a body authorized to award diplomas; or a diploma, or an advanced diploma, under the Australian Qualifications Framework, that is awarded by a body authorized to award diplomas.
A registered course is a course of education or training provided by an institution, body or person that is registered, under the Education Services for Overseas Students Act 2000, to provide the course to overseas students.
Certain visa subclasses require the visa applicant to meet the balance of family (BoF) test. In order to be eligible to apply for the visa, at least half of the visa applicant’s family must be Australian citizen or PR or eligible NZ citizen who are usually resident in Australia.
Balance of family include a child (or step equivalence) of the parent or the child of the current partner of the parent. If the child’s whereabouts are unknown, the child is taken to be resident the last known country of residence or citizenship. A child is not included in the BoF if the child has been removed by court order, by adoption or by operation of law from the exclusive custody of the parent or it is not possible for the child to be reunited because of persecution or human rights abuse or is a registered refugee.
Base application charge is the 1st instalment (some visas have a 2nd instalment) of the visa application charge.
This test is related to the Business Skills (Provisional) (Class EB) (Subclass 188) visas. Applicants for this visa is required to score at least 65 points. Points are given for at the time of invitation: (i) age, (ii) English language, (iii) education, (iv) business experience or (v) investor experience, (vi) amount of assets, (vii) business turnover and (viii) business innovation.
If you apply for, eg, UD-601 (see Subclass 601 visa), visa under the business visitor activity stream, you are allowed to:
(i) make general business or employment enquiry
(ii) investigate, negotiate, entering into, or reviewing a business contract
(iii) carrying out an activity as part of an official government to government visit
(iv) participate in a conference, trade fair or seminar (must not be paid by an organizer for participation or work or selling).
A carer is usually a person who is applying for a carer visa to provide care and assistance to an Australian citizen or PR or an eligible NZ citizen relative who is unable to attend to his/her practical aspects of daily life because of a medical condition or an impairment for at least 2 years.
A CMO is medical practitioner employed or engaged by the Australian government. A CMO is usually involved when there is an issue with your medical or health test.
Community services includes the provision of an Australian social security benefit, allowance or pension.
You have a compelling need to work if you are in financial hardship.
You have competent English if you have sat, for eg, IELTS and scored at least 6 in each of the 4 test components (or OET – B) less than 3 years ago. Or you hold a passport issued by UK or USA or Canada or NZ or Republic of Ireland.
If you are applying for a 188 visa in the Entrepreneur stream (see Subclass 188 Entrepreneur), you must undertake a complying entrepreneur activity involving an innovative idea that lead to the commercialization of a product services or the development of an enterprise or business in Australia.
The funding of this activity is to be provided by the applicant or a body corporate or a partnership. The funds provided must be at least $200,000 under an agreement where the applicant must hold at least 30% share ownership, 10% of the funding must be paid within 12 months from the start of the activity.
If you are applying for a Business visa (see Subclass 188 Investment stream), you will be required to invest a certain sum of funds in a government (Commonwealth or State or Territory) bond or direct investment in an Australian Pty Ltd company that is not listed on ASX or an investment in a managed fund. The investment can be made in either the applicant and/or partner’s names.
Those who are applying for a Business 188 PIV (see Subclass 188 PIV) visa are required to make complying premium investment or philanthropic contribution of at least $15mil.
Those who applied for a Business 188C (see Subclass 188 SIV) visa are required to make complying significant investment of at least $5mil in certain types of investment.
Most visas have visa conditions attached to them and these conditions depends on the type of visa applied. Visa holders must comply with these conditions. Breaching of these conditions may result in the visa been cancelled. Visa conditions range from 8101 to 8573.
In order to apply for a Student visa, you are required to be enrolled in a registered course provided by a registered provider. When a student is enrolled, the education provider will issue with a CoE to allow the student to apply for a Student visa or as evidence that the student is enrolled in a registered course of study.
It means the right to have the daily care and control of the child and the right and responsibility to make decisions concerning the daily care and control of the child.
A dependent child is the child or step-child of the person) who is not engaged to be married or has a spouse or partner) who has not turned 18 or if has turned 18 is dependent on that person or is incapacitated for work due to the total or partial loss of bodily or mental functions.
ELICOS is an English Language Intensive Course for Overseas Students that is a registered course.
In relation to a Business Talent 132 visa, an eligible business means a business that the Minister reasonably believes will result or is resulting to (i) the development of business links with the international market or (ii) the creation or maintenance of employment in Australia or (iii) the export of Australian goods or services or (iv) the production of goods or the provision of services that would otherwise be imported into Australia or (v) introduction of new or improved technology to Australia or (vi) an increase in commercial activity and competitiveness within sectors of the Australian economy.
It is a passport specified by the Minister to be eligible to apply for a UD-601 ETA visa and is listed in a Legislative Instrument (see IMMI 18/084).
It is a passport specified by the Minister to be eligible to apply for a TV-651 eVisitor visa and is listed in a Legislative Instrument (see IMMI 13/078).
A fiscal year, in relation to a Business visa means a 12 months accounting periods.
A GSM visa means a subclass 175, 176, 189, 190, 475, 476, 485, 487, 489, 885, 886 or 887 visas.
A guardian of your child is a person who (i) has responsibility for your child’s long-term welfare and (ii) has all the powers, rights and duties vested by law or custom in the guardian, other than (a) the right to have the daily care and control of the child; and (b) the right and responsibility to make decisions concerning the daily care and control of your child.
Your home country is the country which you are a citizen or the country in which you are usually a resident.
Human trafficking includes activities such as trafficking of people, organ trafficking and debt bondage.
IELTS means International English Language Testing System test.
In Australia means in the migration zone.
Australia migration zone consist of the States/Territories, Australian resource installations and Australian sea installations.
Labour agreement is a formal agreement entered into between the Minister, or the Employment Minister and a person or organisation in Australia under which an employer is authorised to recruit persons to be employed by that employer in Australia.
In relation to an application for a visa, it means a relationship between the applicant and another person (eg, spouse or de facto partner) that has continued to not less than 2 years if there is a dependent child (other than a step-child) of both; or for not less than 3 years in any other case.
A business is a main business if the visa applicant has, or has had, an ownership interest in the business; and the applicant maintains, or has maintained, direct and continuous involvement in management of the business from day to day and in making decisions affecting the overall direction and performance of the business.
The value of the applicant’s ownership interest or the total value of the ownership interests of the applicant and spouse/de facto partner in the business is or was (i) at least 10% of the total value of the business or (ii) if not a public listed, the annual turnover of the business is at least A$400,000, at least 30% of the total value of the business or (iii) if not a public listed company, the annual turnover of the business is less than $400,000, at least 51% of the total value of the business. The main business (can be 2 main businesses) must a qualifying business.
Ownership interest means (i) a shareholder in a company or (ii) a partner in a partnership or (iii) a sole proprietor of the business.
A qualifying business is an enterprise that operates for making a profit through the provision of goods, services or goods and services (but not the provision of rental property) to the public; and is not operated primarily or substantially for the purpose of speculative or passive investment.
A MOC is medical practitioner appointed by the Minister to be a MOC for the purposes in the Migration Regulations.
A member of the crew is a person who is involved in the usual day to day routine maintenance or business of the ship (non-military ship) or superyacht while it is at sea regardless of whether an employee or a contractor or in another capacity. This crew does not include a person who only works on a ship or superyacht while it is in port or dry dock unless travelled with the ship or superyacht to reach the port or dry dock or travels with the ship or superyacht after completing the work in port or dry dock.
A member of your family unit include partner or child or step-child of the family head or spouse or de facto partner of the family head and has not turned 18 or has turned 18 but not turned 23, is a dependent on the family head or the spouse or de facto partner of the family head or if has turned 23 is a dependent if incapacitated for work due to the total or partial loss of bodily or mental function is dependent on the family head or the spouse or de facto partner of the family head.
Member of the immediately family is the spouse or de facto partner or a dependent child or the parent.
A nominator of an applicant for a visa is a person who nominates another person as an applicant for a visa. A nominator is not a person who proposes another person for entry to Australia.
A non-award course of education or training that is not an award course.
An award course is a course of education or training that lead to (i) the completion of a primary or secondary education program; or (ii) a degree, diploma, trade certificate or other formal award.
A non-internet application charge is payable by an applicant for a visa if (i) it is a certain visa (see Subclass 155, 157, 417, 462, 476 and 485 visas) that was not made as an internet application (but may be made as an internet application) and there is a base application charge.
You are only able to make an oral application for a visa if you are authorized to make that class of the visa by telephone or by attending an office of immigration in Australia where an oral application that may be made.
A person is an orphan relative of an Australian citizen or PR or eligible NZ if that person has not turned 18, does not have a spouse or de facto partner and is a relative of that other person.
The orphan relative cannot be cared for by either parent because each of them is dead, permanently incapacitated or whereabouts unknown and there is no compelling reason to believe that the grant of a visa would not be in the best interests of the orphan relative.
If you are outside Australia, you are outside of the migration zone.
Passenger card were introduced in 1965 to record the movements of persons entering and leaving Australia. There is an incoming passenger card (IPC; form 15). Outgoing passenger card (OPC; form 16) has now been removed.
If you are required to provide personal identifier, it means you are required to provide in digital form any of the following (i) fingerprints or handprints; (b) a measurement of height and weight; (c) photograph of your face and shoulder; (d) an audio or a video recording of you; (e) iris scan; (f) your signature.
You have proficient English if in the last 3 years you have sat of IELTS and score at least 7 in each of the 4 test components or OET and score at least B in each of the 4 components.
A remaining relative is a parent or sibling or step-equivalent of an Australian citizen or PR or an eligible NZ citizen who is usually resident in Australia and that remaining relative and his/her spouse or de facto partner does not have any near relatives.
If the remaining relative is a child who has not turned 18 and has been adopted by the Australian citizen or PR or eligible NZ citizen while overseas, at the time of the remaining relative making an application of a visa, the adoptive parent has been residing overseas for a period of at least 12 months.
A near relative is your parent, siblings or step equivalent or your spouse or de facto partner parent, siblings or step equivalent. Or is your child (including step-child) or your child’s spouse or de facto partner who has turned 18 and is not a dependent child or has not turned 18 and is not wholly or substantially in the daily care and control of you or your spouse or de facto partner.
A school-age dependent is a child who has turned 5 but has not turned 18.
Settled means lawfully resident in Australia for a reasonable period or at least 2 years.
A sponsor of an applicant for a visa is a person who undertakes the obligations in relation to the applicant.
A sponsorship refers to an application to sponsor a non-citizen to live and/or work in Australia and the sponsor may be required to provide certain undertakings.
A SBS is an approved sponsor in relation to the standard business sponsor class.
An approved sponsor is a person who has been approved by the Minister in relation to a visa class and the sponsorship approval is still in effect or a person who is a party to a Work agreement.
A step-child is the child of the child’s current spouse or de facto partner and has not turned 18. The step-child’s current parent has a parenting order or a guardianship or custody.
It is a subclass 600 (Visitor) visa granted following a decision by the Minister to substitute a more favourable decision (under s.345. 351, 417 and 501J).
You have superior English if you have undertaken certain English language test (either IELTS or OET) in the last 3 years and obtained at least 8 (IELTS) or A (OET) in each of the 4 test components.
A temporary activity sponsor is an approved sponsor in relation to the temporarily activities sponsor.
A temporary work sponsor is a special program sponsor or an entertainment sponsor or a superyacht crew sponsor or a longer stay activity sponsor or a training and research sponsor.
A special program sponsor is an approved sponsor in relation to the special program sponsor class on the basis of an application made before 19 Nov 2016.
An entertainment sponsor is an approved sponsor in relation to the entertainment sponsor class on the basis of an application made before 19 Nov 2016.
A superyacht crew sponsor is an approved sponsor in relation to the superyacht crew sponsor class on the basis of an application made before 19 Nov 2016.
A long stay activity sponsor is an approved sponsor in relation to the long stay activity sponsor class on the basis of an application made before 19 Nov 2016.
A training and research sponsor is an approved sponsor in relation to the training and research sponsor class on the basis of an application made before 19 Nov 2016.
You can participate in activities of a recreational nature including amateur sporting activities, informal study courses, relaxation, sightseeing and travel.
You are a transit passenger if you enter Australia by aircraft and have necessary documentation and holds a confirmed onward ticket to leave Australia to travel to another country on the same or another aircraft within 8 hours of your arrival in Australia. To learn more about Transit visa, see Subclass 771.
You have vocational English if in the last 3 years undertaken either IELTS or OET test and obtained at least 5 (if IELTS or B if OET) in each of the 4 test components. Or you are a citizen of, and holds a passport issued by UK, USA, Canada, NZ or Republic of Ireland.
Work means an activity that, in Australia, normally attracts remuneration or payment of money.
If a female, her working age is under 60 years of age; and a male, under 65 years of age.
Generally, you can apply for a BVA if you have made a valid visa application or your BVA ceased for a reason other not because it was cancelled.
You can apply for a BVB if you hold a BVA to allow you to travel and to return to Australia.
You can apply for a BVC if you hold a BVC with no work rights. Otherwise, a BVC is granted to you because you have made a valid visa application and you were an unlawful non-citizen.
You can apply for a BVD if your current visa has ceased and you are able to satisfy for the grant of another substantive visa (Class WD subclass 040 – prospective applicant – valid for 3 days), or you are unable to or does not want to apply for a substantive visa and you cannot be interviewed (subclass 041 – non-applicant – valid for 5 working days).
You can apply for a BVE if your visa was cancelled and you have appealed the cancellation, or you have applied to the Court, or you are an unlawful non-citizen and wish to return to your home country. There are 2 subclasses in BVE, that is Subclass 050 (General) and 051 (for Protection visa applicant).
You may be granted a BVF (Class WR Subclass 060) if you are a suspected victim of human trafficking, slavery or slavery-like practices. This visa allows you to travel to Australia once and allow you to remain in Australia for a specified date.
You may be granted a BVR (Subclass 070) if you are in immigration detention pending your removal from Australia. The Minister may grant you this visa under reg. 2.25AA or under section 195A.
To learn more about the discretionary power to cancel a temporary visa under section 116(1)(e)(i), click here
