The Prospective Marriage (Fiancé) visa, a nine month temporary visa, allowing an intended Filipino spouse (same-sex, included) who has turned 18, met in person since each of them turned 18, the parties genuinely intend to marry and that the marriage is intended by the parties to take place within the visa period, to a prospective spouse which means the Australian citizen, Australian Permanent resident or eligible New Zealand citizen,to travel to Australia before a couple’s wedding.
NOTE: - As same-sex marriages is not recognised or a legal marriage in the Philippines, therefore, the same-sex couple MUST marry either in Australia or a country or state that legally recognises same-sex marriages, e.g. New Zealand.
It’s expected that, after marrying, the holder of a Prospective Marriage (Fiancé) visa will apply for permanent residence through the two-stage Partner visa application process, i.e. Class UK Subclass 820 the a Class BS subclass 801.
The Fiancé visa can be considered a first step to permanent residence and so grants in this category are counted in the Australian Government’s annual Migration Program. Prospective Marriage visas comprise around four per cent (4%) of the Migration Program.
NOTE: - As this is a three (3) Stage visa pathway application process the Filipino visa applicant and their Australia sponsor must understand the additional costs involved and should consult an experienced migration agent regarding other possible partner visa pathways or categories, before proceeding with this option.
In order to be granted a finance visa the Filipino applicant must meet a number of conditions which are specified in the Migration Regulations 1994. These standards include that the intended marriage must be ‘lawful in Australia’ and that both parties to the relationship must have ‘a genuine intent to live together as spouses’, i.e. the Minister is satisfied that the parties ‘genuinely intend to live together as spouses’.
The Department of Immigration and Citizenship (DIBP) has methods to ensure the reliability of the Fiancé visa program.
These involve document authentication, risk historical background checks, personal interviews and ‘home visits’ which can establish in assessing the genuineness of an fiancé visa application from the Philippines for Australia.
The department’s records show that about nine per cent (9%) of Fiancé visa applications are refused.
A common reason for refusal is that the case officer‘is not satisfied about the genuineness of the relationship’. However, once approved a Fiancé visa, most Filipino visa applicants go on to be granted a temporary and then permanent Partner visa on the basis that the relationship with their spouse is genuine and continuing.
NOTE: - A potential future refusal during the journey from ‘provisional to permanent status stage’ are usually caught within the ‘lack of continuous relationship information and or evidence provided’ as these types of partner visa applications may take up to three (3) years before approval of permanent residency.
As The Marriage Amendment (Definition and Religious Freedoms) Act 2017 commences on 9 December 2017, amending the Marriage Act 1961 to redefine marriage as 'the union of 2 people to the exclusion of all others, voluntarily entered into for life', Filipino visa application including same-sex couples, can now apply for Prospective Marriage Class TO Subclass 300.
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