Here's a detailed overview of the Subclass 300 Visa:
Key Features
- Duration: It is a temporary visa valid for 9 months from the date of grant, during which time the visa holder is expected to marry their Australian partner.
- Residency: The visa allows the holder to live in Australia for the duration of the visa.
- Work Rights: Holders of the Subclass 300 visa are allowed to work in Australia.
- Study Rights: It allows the visa holder to study in Australia, though they will not have access to government funding for tertiary study.
- Multiple Entries: The visa holder can enter and leave Australia as many times as they wish until the visa expires.
- Pathway to Permanent Residency: After marrying their Australian partner, the visa holder can apply for a Partner visa (Subclasses 820 and 801) to stay in Australia permanently.
Eligibility Criteria
- Engagement: Applicants must be engaged to be married to an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
- Age: Both the applicant and their Australian partner must be aged 18 years or over.
- Meet Relationship Requirements: Applicants must prove that they genuinely intend to marry their Australian partner and live as spouses.
- Meet Health and Character Requirements: Applicants must meet certain health and character requirements.
- No Debt to the Australian Government: Applicants must have no outstanding debts to the Australian government or have arranged to repay any outstanding debts.
Application Process
- Application: The application must be made from outside Australia and the applicant must be outside Australia at the time of visa grant.
- Documentation: Applicants need to provide documents proving their relationship, intention to marry, and compliance with health and character requirements.
- Sponsorship: The Australian partner must sponsor the applicant for the visa, and this sponsorship must be approved.
- Visa Fee and Processing Time: The visa application fee is subject to change, and processing times can vary based on individual circumstances and the completeness of the application.
Considerations
- Prospective Marriage: The marriage must take place within the visa's 9-month validity period.
- Subsequent Visa Application: After marriage, holders typically apply for a Partner visa to remain in Australia and eventually seek permanent residency.
- Compliance: It's crucial to comply with all visa conditions and Australian laws during the stay.
Given your background in immigration activities, especially for Australia and Canada, advising clients on the Subclass 300 Visa involves understanding these detailed criteria and processes. It requires guiding them through the preparation of their application, ensuring all relationship evidence is well-documented, and advising on the transition from a Prospective Marriage Visa to a Partner visa post-marriage, including any implications for their residency status in Australia.
