Before grant · preparationGuide record · 3 October 2026

Sponsoring your fiancé for a Prospective Marriage visa: the subclass 300 sponsorship application, limits, police checks and obligations

Sponsorships for the Prospective Marriage visa are best prepared and lodged by an Australian migration lawyer; the steps below show what that work involves. The page on subclass 300 legal help explains how that help works.

Sponsoring your fiancé for a Prospective Marriage visa carries no Home Affairs charge and is lodged online in ImmiAccount after your partner lodges, and Home Affairs must approve the sponsorship before the 300 can be granted (page updated 10 August 2026).

Under clauses 300.211 and 300.213 of the Migration Regulations 1994, you can sponsor if you are an Australian citizen, Australian permanent resident or eligible New Zealand citizen aged 18 or over, and you are the person your fiancé intends to marry. The Home Affairs Prospective Marriage visa page says you may be inside or outside Australia when you apply.

Wait for your partner’s Transaction Reference Number (TRN), then attach your passport, birth certificate, a photo of your face, an Australian Federal Police complete-disclosure certificate, any required overseas police certificates and your written consent to disclose relevant convictions. The Home Affairs Prospective Marriage visa page lists these documents; AFP National Police Checks prices the certificate at AUD 57 as at 3 October 2026.

A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST in professional fees, separate from the Home Affairs visa application charges.

In plain words, regulation 1.20J of the Migration Regulations 1994 allows no more than 2 partner sponsorships, at least 5 years apart and at least 5 years after your own partner-based application, unless compelling circumstances apply. The precise test counts earlier visa grants and measures the gaps from application dates.

According to the Home Affairs Prospective Marriage visa page, updated 10 August 2026, you can withdraw your sponsorship only before the visa is decided—not after the grant.

At a glance

The sponsor view of the Home Affairs Prospective Marriage visa page, updated 10 August 2026, gives the application rules below; the limitation is in regulation 1.20J of the Migration Regulations 1994, and the police-check price is from AFP National Police Checks as at 3 October 2026.

Sponsor’s card

Label	Value
Who can sponsor	Australian citizen, Australian permanent resident or eligible New Zealand citizen—a protected Special Category visa holder—aged 18 or over, who is the person the applicant intends to marry (Migration Regulations 1994, clauses 300.211 and 300.213)
Sponsorship limitation	Not more than 1 other person granted a partner or prospective-marriage visa on your sponsorship; 5 years since that earlier application; 5 years since your own partner-based application, if applicable; exception for compelling circumstances (regulation 1.20J)
Police check (every sponsor)	AFP complete-disclosure National Police Certificate, AUD 57, or AUD 114 if fingerprints are needed, as at 3 October 2026; plus overseas certificates for each country lived in for 12 months or more in the last 10 years since turning 16
Consent	Written consent to disclose relevant-offence convictions to the applicant; without consent the visa is refused (clause 300.222(2))
Cost	No cost to lodge the sponsorship; police certificates have separate costs

Timeline: Applicant lodges and pays → you lodge the sponsorship with the TRN → Home Affairs approves the sponsorship, which must still be in force at the visa decision (clause 300.222) → the 300 is granted: your sponsorship starts → the 300 ceases: your sponsorship ends.

Source: Home Affairs Prospective Marriage visa page (sponsor view), updated 10 August 2026; Migration Regulations 1994 (Compilation 288); AFP National Police Checks, as at 3 October 2026.

Can you sponsor your fiancé to Australia?

Yes, if you are an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you are 18 or over, and you are the person your fiancé intends to marry (Migration Regulations 1994, clauses 300.211 and 300.213; Home Affairs Prospective Marriage visa page, updated 10 August 2026).

That is the starting point, not the whole sponsorship test:

• Home Affairs must approve your sponsorship, and it must still be in force at the visa decision under clause 300.222 of the Migration Regulations 1994.
• Your previous sponsorships and any partner-based application of your own must satisfy regulation 1.20J, unless its compelling-circumstances exception applies.
• The police and offence checks below apply under the Home Affairs Prospective Marriage visa page and regulations 1.20KB–1.20KD.
• Regulation 1.20KA restricts certain subclass 143 or 864 Contributory Parent visa holders from sponsoring a pre-existing partner within 5 years of that grant, subject to exceptions.
• Clause 300.212 bars certain sponsorships by a subclass 204 Woman at Risk visa holder where the applicant was a former or undeclared partner at that grant.
• The Home Affairs Prospective Marriage visa page says the visa may be refused if you and your partner are found to be at risk of forced marriage.

The Home Affairs Prospective Marriage visa page allows you to be inside or outside Australia when applying to sponsor. Your fiancé, however, must be outside Australia to apply and must have turned 18, under Schedule 1 item 1215 and clause 300.212A of the Migration Regulations 1994.

The applicant’s side of the same test, from meeting in person to the intention to marry, is set out under Prospective Marriage visa requirements.

How to sponsor your fiancé: the online sponsorship application

The Home Affairs Prospective Marriage visa page, updated 10 August 2026, directs sponsors to apply online after the applicant lodges. Follow these four steps:

1. Wait for the application reference. Your partner must first lodge the subclass 300 application and give you the TRN or application ID.
2. Open the sponsorship application. Log in to your own or your partner’s ImmiAccount. Select New application → Family → Sponsorship for a Partner to Migrate to Australia.
3. Complete the form and attach your documents. Use the TRN and provide passport and birth certificate copies, a photo of your face, the AFP complete-disclosure certificate, required overseas police certificates and written consent to disclose relevant convictions. If you are a permanent resident or eligible New Zealand citizen, include evidence that you usually live in Australia. Upload readable colour scans; certified copies are not needed. Translate non-English documents into English. Translators in Australia must be NAATI-accredited; translators overseas must provide their contact details, qualifications and experience.
4. Wait for the written decision. Home Affairs must approve the sponsorship before the visa is granted. Clause 300.222 of the Migration Regulations 1994 requires it to be approved and still in force at the visa decision.

The Home Affairs Prospective Marriage visa page lists no cost for lodging the sponsorship. This does not mean police certificates or translations are free.

Your partner’s half, from the Stage 1 form to the TRN, is the guide on how to apply for a Prospective Marriage visa.

The sponsorship limitation: earlier partners and the 5-year rule

Regulation 1.20J(1) of the Migration Regulations 1994 sets three conditions for approval:

• Earlier grants: not more than 1 other person has already been granted a partner or prospective-marriage visa on your sponsorship.
• Earlier sponsored application: at least 5 years have passed since the application for that earlier visa was made.
• Your own partner-based application: if you came to Australia as someone’s partner, at least 5 years have passed since your own application was made.

The regulation applies to Classes UF, TO, TK and UK, including the subclass 300 and relevant partner visa classes.

The Home Affairs Prospective Marriage visa page, updated 10 August 2026, says it may refuse if “you have sponsored another partner within the last 5 years”.

The exception: regulation 1.20J(2) allows the Minister to approve where there are “compelling circumstances affecting the sponsor”. The Home Affairs Prospective Marriage visa page gives these examples:

• You and the applicant have a dependent child.
• Your previous partner died.
• Your previous partner left and children depend on you.
• Your relationship with the applicant is longstanding.

Two related restrictions also need checking:

• Under regulation 1.20KA, a person granted a subclass 143 or 864 visa on or after 1 July 2009 is restricted from sponsoring a pre-existing spouse or partner within 5 years of the grant, subject to compelling-reasons exceptions.
• Under clause 300.212, a subclass 204 Woman at Risk grant within the 5 years before the application bars sponsorship of a person who was then a former or undeclared partner.

The limitation is therefore not a flat 5-year ban: regulation 1.20J counts earlier grants, sets gaps measured from application dates and provides an exception.

Permanent resident and New Zealand citizen sponsors

If you are an Australian permanent resident

Yes, you can sponsor, but the Home Affairs Prospective Marriage visa page, updated 10 August 2026, requires evidence that you usually live in Australia. Its examples include maintaining a home here, working here, owning property, a business or other interests here, and having family and other ties where you live.

If you are a New Zealand citizen

For this Australian visa, only an eligible New Zealand citizen qualifies to sponsor. Regulation 1.03 of the Migration Regulations 1994 defines this as a New Zealand citizen who is a protected Special Category visa holder, referring to section 7 of the Social Security Act 1991. The Home Affairs Prospective Marriage visa page also requires evidence that you usually live in Australia.

If you are a New Zealand citizen who cannot sponsor, the Home Affairs Prospective Marriage visa page says your partner might be eligible for the New Zealand Citizen Family Relationship visa (subclass 461), which is an Australian visa.

The applicant’s separate New Zealand passport issue—the subclass 444 grant that overrides a 300—is explained on the conditions page.

The police check (every sponsor) and the offence checks

The Home Affairs Prospective Marriage visa page and its Measures for the protection of children page, updated 24 September 2026, distinguish three checks:

1. Police certificates—every sponsor. Home Affairs accepts only an AFP complete-disclosure National Police Certificate, not a state or territory certificate. Supply overseas certificates for every country where you lived for 12 months or more in the last 10 years since turning 16. The Home Affairs Prospective Marriage visa page says police certificates are valid for 12 months from issue and may be requested again if they expire before decision. AFP National Police Checks lists AUD 57 per application, or AUD 114 if fingerprints are needed, as at 3 October 2026.

2. Relevant offences and a significant criminal record. Regulations 1.20KC and 1.20KD of the Migration Regulations 1994 require refusal where you have a relevant-offence conviction and a significant criminal record for it. Relevant offences cover violence, harassment or stalking, apprehended violence order breaches, weapons, people smuggling, trafficking or slavery including forced marriage, and attempts or assistance. A significant record includes a death or life sentence, a prison term of 12 months or more, or 2 or more terms totalling at least 12 months. The Minister retains discretion to approve, considering time since the sentence, children’s interests and the relationship’s length.

3. Child-related registrable offences. Where an applicant under 18 is included, regulation 1.20KB requires refusal for a registrable-offence charge or conviction, unless the charge was withdrawn or dismissed or the conviction set aside. There is limited discretion where the sentence ended at least 5 years ago and compelling circumstances exist.

You must also give written consent to disclose relevant-offence convictions to the applicant. Under clause 300.222(2) of the Migration Regulations 1994, without that consent the visa is refused.

Common mistakes to avoid

• Ordering a state police check or a standard-disclosure AFP certificate: the Home Affairs Prospective Marriage visa page requires AFP complete disclosure.
• Leaving out consent to disclose convictions: clause 300.222(2) requires consent.
• Looking for Form 40SP: Home Affairs directs sponsors to the online application.
• Deleting the sponsorship from ImmiAccount and treating it as withdrawn: Home Affairs requires written withdrawal.
• Applying as a permanent-resident sponsor living abroad without evidence of usual residence in Australia: Home Affairs requires that evidence.

What the sponsor undertakes

Under regulation 1.20(2)(b) of the Migration Regulations 1994, the subclass 300 sponsorship is a legal undertaking. The Home Affairs Prospective Marriage visa page describes your responsibilities in three parts:

1. Government debts: accept responsibility for financial obligations your fiancé or their family members owe the Australian Government.
2. Employment obligations: accept responsibility for compliance with Australian employment law and awards.
3. Visa conditions and Australian law: make sure they comply with their visa conditions and obey Australian law, unless the Minister decides otherwise in relation to visa-condition responsibility.

The Home Affairs Prospective Marriage visa page says your sponsorship starts at the 300 grant and ends when the 300 ceases. Condition 8519 of the Migration Regulations 1994 requires your fiancé to marry you within the visa period; Home Affairs directs them to apply for the 820/801 in Australia after the marriage and before the 300 expires.

At the 820/801 stage you sponsor again, with financial and accommodation assistance obligations for 2 years after the 820 grant under regulation 1.20(2)(c) and the Home Affairs Partner visa page.

Can a sponsor withdraw? Only before the decision

Yes, before Home Affairs decides the visa; no, once it is granted (Home Affairs Prospective Marriage visa page, updated 10 August 2026).

Before the decision, tell Home Affairs in writing that you want to withdraw your sponsorship. The Home Affairs Prospective Marriage visa page says deleting the application from ImmiAccount does not withdraw it.

After the grant, the Home Affairs Prospective Marriage visa page is explicit: “You cannot withdraw your sponsorship after we grant the visa.”

Your fiancé withdraws their own visa application separately, using the ImmiAccount withdrawal option or Form 1446, according to the Home Affairs withdrawal guidance.

Form 40SP: why sponsors no longer use it

Form 40SP is no longer on the Home Affairs form listing, checked 3 October 2026, and sponsorship is lodged online in ImmiAccount as Sponsorship for a Partner to Migrate to Australia; the Home Affairs Prospective Marriage visa page says, “You must apply online.” Older guides that send sponsors to a 40SP PDF are out of date.

If the relationship ends: what the sponsor tells Home Affairs

The sponsor view of the Home Affairs Prospective Marriage visa page, updated 10 August 2026, sets out what to do:

1. Contact Home Affairs as soon as possible through its Partner Processing Enquiry Form.
2. Before the visa decision, state any withdrawal in writing if you no longer want to sponsor.
3. Expect no correspondence about your former partner’s application. Home Affairs says it will not correspond with you about it; after a grant, sponsorship cannot be withdrawn.

In an emergency call the police on 000; Home Affairs’ family and domestic violence help page lists national and state or territory services.

The applicant’s side, including the Notification of Relationship Cessation and the partner-visa routes that stay open, is covered under prospective marriage visa relationship ends.

Frequently asked questions

Can I bring my girlfriend or boyfriend to Australia on this visa?

Only if you are engaged, genuinely intend to marry within the visa period and have met in person since you both turned 18, under clauses 300.214–300.215 of the Migration Regulations 1994. The partner visa’s de facto route usually requires 12 months of de facto relationship before applying, unless an exception applies, such as a registered relationship or compelling and compassionate circumstances under regulation 2.03A.

Do I need a minimum income to sponsor my fiancé?

The Home Affairs Prospective Marriage visa page, updated 10 August 2026, sets no income or financial threshold for the sponsor or applicant. Your undertaking still covers financial obligations to the Australian Government under regulation 1.20(2)(b) of the Migration Regulations 1994.

Can I sponsor from overseas?

Yes. The Home Affairs Prospective Marriage visa page allows you to be inside or outside Australia when applying to sponsor; permanent-resident and eligible New Zealand citizen sponsors must still show they usually live in Australia.

Do we have to marry in Australia?

No. The Home Affairs Prospective Marriage visa page says you can marry in any country, provided the marriage is valid under Australian law. Condition 8515 of the Migration Regulations 1994 requires your fiancé to enter Australia on the 300 before marrying you.

Sponsoring a 300 visa: what an Australian migration lawyer checks about eligibility and consent

Section 280(3) of the Migration Act 1958 permits an Australian legal practitioner to give immigration assistance in connection with legal practice.

Three sponsor-specific matters deserve careful checking:

1. The limitation exception and its evidence. Regulation 1.20J(2) turns on “compelling circumstances affecting the sponsor”. A lawyer can check your earlier grants and application dates, identify whether an exception needs consideration and review the supporting evidence.

2. Offence disclosures and consent. Regulations 1.20KC–1.20KD give the Minister discretion involving time since sentence, children’s interests and relationship length. A lawyer can check which tests apply, compare certificates with your disclosures and check the written consent required by clause 300.222(2).

3. Review rights, deadline and fee. Regulation 4.02(5)(r) makes you, the sponsor, the review applicant for a 300 refusal. Section 347 of the Migration Act 1958 and the ART’s Immigration and citizenship page set a 28-day deadline after the day of notification, with no extension; a shorter 14-day limit applies in immigration detention. The ART’s Fees page lists AUD 3,727 as at 3 October 2026. A lawyer can check the notification date, applicable deadline and lodgement requirements.

If the 300 is refused, you as the sponsor are the one who applies to the Administrative Review Tribunal, within 28 days of being notified, and the time cannot be extended under section 347 of the Migration Act 1958; the detention deadline is shorter.

An Australian migration lawyer can review the limitation, evidence, offence disclosures and consent before lodgement, or check the review rules promptly after a refusal. These are checks on the application and deadline—not a prediction of sponsorship approval or review success.

If it comes to that, the sponsor is the person who appeals a 300 refusal to the Administrative Review Tribunal.

Ask an Australian migration lawyer

An Australian migration lawyer can check the sponsor's eligibility, disclosures and consent before lodgement. The page on subclass 300 legal help explains how that help works, and the enquiry page is where to put your question to Australian Migration Lawyers.