Subclass 300 — Prospective Marriage

300.1—Interpretation

300.111

In this Part: prospective spouse means the Australian citizen, Australian permanent resident or eligible New Zealand citizen referred to in clause 300.211. the parties means the applicant and the prospective spouse. Note: For eligible New Zealand citizen, see regulation 1.03.

300.2—Primary criteria

Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

300.21—Criteria to be satisfied at time of application

300.211

The applicant intends to marry a person who is:

(a) an Australian citizen; or

(b) an Australian permanent resident; or

(c) an eligible New Zealand citizen.

300.212A

The applicant has turned 18.

300.212

(1) The prospective spouse of the applicant is not prohibited by subclause (2) from being a sponsor.

(2) The prospective spouse is prohibited from being a sponsor if:

(a) the prospective spouse is a woman who was granted a Subclass 204 (Woman at Risk) visa within the 5 years immediately preceding the application; and

(b) on the date of grant of that visa:

(i) the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or

(ii) the applicant was the spouse or de facto partner of that woman and that relationship had not been declared to Immigration.

300.213

(1) The applicant is sponsored by the prospective spouse.

(2) The prospective spouse has turned 18.

300.214

(1) The applicant and the prospective spouse have met in person since each of them turned 18.

(2) The applicant and the prospective spouse are known to each other personally.

300.215

The applicant establishes:

(a) that the parties genuinely intend to marry; and

(b) that the marriage is intended by the parties to take place within the visa period.

300.216

The Minister is satisfied that the parties genuinely intend to live together as spouses.

300.22—Criteria to be satisfied at time of decision

300.221

The applicant continues to satisfy the criteria in clause 300.211 and clauses 300.214 to 300.216.

300.221A

There is no impediment to the marriage in Australian law.

300.222

(1) The sponsorship of the applicant under clause 300.213 has been approved by the Minister and is still in force. Note: Regulations 1.20J, 1.20KA, 1.20KB and 1.20KC limit the Minister’s discretion to approve sponsorships.

(2) The prospective spouse has consented to the disclosure by the Department, to each applicant sponsored by the prospective spouse, of any conviction of the prospective spouse for a relevant offence (within the meaning of subregulation 1.20KC(2)). Note: The prospective spouse may be asked to consent to such disclosure on the approved form required to be completed by the prospective spouse in relation to the visa application.

(3) For the purposes of subclause (2), the conviction of the prospective spouse for a relevant offence is to be disregarded if:

(a) the conviction has been quashed or otherwise nullified; or

(b) both:

(i) the prospective spouse has been pardoned in relation to the conviction; and

(ii) the effect of that pardon is that the prospective spouse is taken never to have been convicted of the offence.

300.223

The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4019, 4020 and 4021.

300.224

If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

300.226

(1) Each member of the family unit of the applicant who is an applicant for a Subclass 300 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010 and 4020; and

(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and

(b) if the person has previously been in Australia, satisfies special return criteria 5001 and 5002.

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 300 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

300.227

If a person (in this clause called the additional applicant):

(a) is a member of the family unit of the applicant; and

(b) has not turned 18; and

(c) made a combined application with the applicant—

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

300.3—Secondary criteria

Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

300.31—Criteria to be satisfied at time of application

300.311

The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in clauses 300.211 to 300.212 and 300.214 to 300.216.

300.312

The sponsorship referred to in clause 300.213 in respect of the person who satisfies the primary criteria includes sponsorship of the applicant.

300.32—Criteria to be satisfied at time of decision

300.321

The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 300 visa.

300.322

The sponsorship referred to in clause 300.312 has been approved by the Minister and is still in force.

300.323

The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4020 and 4021; and

(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

300.324

If the applicant has previously been in Australia, the applicant satisfies the special return criteria 5001 and 5002.

300.326

If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

300.4—Circumstances applicable to grant

300.412

The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.

300.5—When visa is in effect

300.511

Temporary visa permitting the holder to travel to, enter and remain in Australia until:

(a) a date specified by the Minister, which must be a date occurring at least 9 months, but not more than 15 months, from the date of grant; or

(b) if the Minister does not specify a date—9 months from the date of grant.

300.512

Despite clause 300.511, the visa is a temporary visa permitting the holder to travel to, enter and remain in Australia until 31 March 2022 if:

(a) the visa was in effect at any time during the period beginning on 6 October 2020 and ending on 10 December 2020; and

(b) the holder is outside Australia on 10 December 2020.

300.513

Despite clauses 300.511 and 300.512, the visa is a temporary visa permitting the holder to travel to, enter and remain in Australia until 31 December 2022 if:

(a) the visa was in effect on 15 September 2021; and

(b) the holder is outside Australia on 15 September 2021.

300.6—Conditions

300.611

First entry must be made before a date specified by the Minister for the purpose.

300.612

If the applicant satisfies the primary criteria, conditions 8515 and 8519.

300.613

If the applicant satisfies the primary criteria, condition 8502 may be imposed.

300.614

If the applicant satisfies the secondary criteria, condition 8520.

300.615

If the applicant satisfies the secondary criteria, either or both of conditions 8502 and 8515 may be imposed.