In prospective visa application for Australia that I completed for a client, a question was asked: do the applicant and the sponsor have a mutual commitment to a shared life as a married couple, or as de facto partners to the exclusion of all others. I answered "No", initially. Reason that they are not yet married and are still prospective. Do I change the answer to yes, as it appears the answer is yes even if they are not yet married?
**Clarifying visa guidance**
The Home Affairs site search showed media releases instead of the specific partner visa guidance I needed. However, the earlier web results on legislation and migration can still provide useful definitions. Since I need to follow the Decision Boundary, any web statements I make should have citations for the five most crucial claims. It’s also important to advise the user to answer truthfully and detail how they can amend their answers through ImmiAccount. I’ll gather citation info for that too!**Searching for migration definitions**
The search results are a bit noisy, but I think I can reference migration legislation and migration agent pages for definitions. Additionally, citing the Immi guidance page regarding updates on relationships could be useful. I found the Hope Immigration blog referencing official change-in-situation pages. Now, I’ll look for specific information on the Immi home affairs website about the 'relationship ended' situation to get clearer details.Short answer
- Change the answer to "Yes" only if, at the date of the application, the applicant and sponsor genuinely have a mutual commitment to a shared life to the exclusion of all others. The test is about the nature of the relationship (commitment/exclusivity), not whether they are already married. ([legislation.gov.au](https://www.legislation.gov.au/F1996B03551/1996-02-01/1996-02-01/text/original/epub/OEBPS/document_1/document_1.html?utm_source=openai))
Why
- Australian law requires a “mutual commitment to a shared life… to the exclusion of all others” as part of the partner/spouse or de facto relationship test — that phrase applies to married and de facto relationships alike. Being engaged or “prospective” does not automatically make the answer No or Yes; the correct answer depends on whether the couple genuinely meet that commitment test now. ([legislation.gov.au](https://www.legislation.gov.au/F1996B03551/1996-02-01/1996-02-01/text/original/epub/OEBPS/document_1/document_1.html?utm_source=openai))
How to decide practically
- Answer Yes if you can truthfully say the parties are mutually committed to a shared life (exclusive to one another) and you can back that up with evidence (date you committed to a shared life, details about living arrangements, finances, social life, household, intention to marry, etc.). The application form asks for the date of commitment and supporting details. ([visa-to-travel.com](https://visa-to-travel.com/guide/australia-application-for-migration-by-partner/?utm_source=openai))
- Answer No if they do not yet have that mutual, exclusive commitment (for example: they are only casually dating, one party is seeing other people, or there is no real plan/intention to live together as an exclusive couple).
If you already submitted the application
- If the application is not yet lodged: change the answer before you submit.
- If the application is already lodged: do not make a false statement. Instead notify the department and upload supporting evidence or contact the case officer via ImmiAccount (or use the Department’s change-of-details procedures / Form 929 where relevant). If you’re represented, coordinate changes with the migration agent/lawyer. ([hopeimmigration.com.au](https://hopeimmigration.com.au/personal-details-changes/?utm_source=openai))
Special note for subclass 300 (Prospective Marriage) applicants
- Subclass 300 requires the parties to genuinely intend to marry and to live together as spouses; the department will expect evidence of genuine intention and commitment. If you are preparing a subclass 300 application, ensure the relationship answers and evidence are consistent with those requirements. ([legislation.gov.au](https://www.legislation.gov.au/F1996B03551/2024-12-07/2024-12-07/text/original/epub/OEBPS/document_2/document_2.html?utm_source=openai))
Risks
- Incorrect or misleading answers can delay processing, lead to requests for further information, or worse — refusal or visa cancellation. Always answer truthfully and support the answer with evidence. ([legislation.gov.au](https://www.legislation.gov.au/F1996B03551/1996-02-01/1996-02-01/text/original/epub/OEBPS/document_1/document_1.html?utm_source=openai))
If you want, I can:
- Help you decide whether, on the facts you have, the answer should be Yes or No; or
- Draft the short relationship statement and the list of supporting evidence you’ll upload/change in ImmiAccount.
Based on the official requirements and expert guidance for the Australian Prospective Marriage (subclass 300) visa, the correct answer to the question "do the applicant and the sponsor have a mutual commitment to a shared life as a married couple, or as de facto partners to the exclusion of all others" should generally be "Yes"âeven if the couple is not yet married, as long as they are genuinely committed to marrying and building a life together to the exclusion of all others.
Hereâs a comprehensive explanation:
1. Understanding the Requirement
The Prospective Marriage visa is specifically designed for couples who are not yet married but intend to marry within the visa validity period (usually 9â15 months after grant). One of the core eligibility criteria is that both the applicant and the sponsor must demonstrate a mutual commitment to a shared life as spouses, to the exclusion of all others .
"Mutual commitment to a shared life" does not require the couple to already be married or in a de facto relationship at the time of application. Instead, it means both parties must intend to build a life together as a married couple, and this intention must be genuine, exclusive, and ongoing .
2. How the Department of Home Affairs Interprets This
The Department of Home Affairs assesses whether the relationship is genuine and whether both parties are committed to marrying and living together as spouses.
Evidence of this commitment includes wedding plans, Notice of Intended Marriage (NOIM) forms, relationship statements, communication records, and declarations from friends and family .
The Department does not expect the couple to already be married, but they do expect clear evidence of a serious, exclusive intention to marry and share a life together .
3. How to Answer the Question
If the applicant and sponsor are genuinely committed to marrying each other and have made plans for their future together (even if not yet married), the answer to the question should be "Yes".
Answering "No" could be interpreted as a lack of genuine intention to marry or a lack of exclusivity, which may lead to the application being refused .
Example:
If the couple has lodged a NOIM, made wedding arrangements, and can provide evidence of their relationship and future plans, they are demonstrating the required mutual commitmentâeven though the marriage has not yet taken place.
4. Official Guidance and Best Practice
The Departmentâs official checklists and FAQs confirm that the intention to marry and mutual commitment to a shared life are essential for this visa .
Migration experts and case studies emphasize that misunderstanding this question is a common mistake and can lead to unnecessary complications or refusals .
Always answer truthfully and provide supporting evidence. If you have already answered "No" in error, you should update your application as soon as possible using ImmiAccount or Form 1023 (Notification of incorrect answers) .
5. Summary Table
Scenario
Correct Answer
Rationale
Not yet married, but genuinely committed
Yes
Intention to marry and exclusive commitment to a shared life is the key requirement
Not yet married, no intention to marry
No
Does not meet the visa criteria
Already married or in de facto relationship
Yes
Meets the requirement
6. What to Do If You Answered "No" by Mistake
If you answered "No" but the couple is genuinely committed to marrying and sharing a life together, you should correct this as soon as possible.
Log into your ImmiAccount and use the "Update Details" or "Notification of incorrect answers" function, or submit Form 1023 to notify the Department of the correct answer .
Provide a brief explanation and any supporting evidence if needed.
7. Conclusion
In summary:
For a Prospective Marriage visa application, you should answer "Yes" to the question about mutual commitment to a shared life as a married couple if the applicant and sponsor are genuinely committed to marrying and building a life together, even if they are not yet married. This is a fundamental eligibility requirement for the visa, and answering "No" could jeopardize the application .
If you have already answered "No" in error, update your application promptly to reflect the true nature of the relationship and provide supporting evidence of your mutual commitment and intention to marry .
If in doubt, consult the official Department of Home Affairs guidance or seek advice from a registered migration agent.
\n\nThis is an excellent and very important question. Your initial reasoning is a common point of confusion, but for a **Prospective Marriage (subclass 300) visa**, your initial answer of \"No\" is very likely incorrect and could jeopardize the application.\n\nThe correct answer, based on the purpose and legislation of this specific visa, is almost certainly **\"Yes\"**.\n\nHere is a detailed breakdown of why, incorporating official sources and expert guidance.\n\n### The Core Misunderstanding: \"Prospective\" vs. \"Committed\"\n\nYour initial thought was: *They are not yet married, so they cannot say they have a commitment as a married couple.* This is the critical error.\n\n* **The entire purpose of the Prospective Marriage visa** is for couples who are **not yet married** but **intend to be**.\n* The question is not asking \"Are you currently legally married?\" It is asking about the **nature of your commitment and intention**.\n\nThe phrase \"mutual commitment to a shared life as a married couple... to the exclusion of all others\" is the legal definition of a spousal relationship. For a subclass 300 visa, the couple must prove they *intend* to have this kind of relationship and are committed to making it happen.\n\n### Official Requirements for the Prospective Marriage Visa\n\nThe criteria for the subclass 300 visa explicitly require the couple to demonstrate this genuine intention. According to the Australian Migration Regulations, the applicant must be validly sponsored by an Australian citizen or permanent resident, and crucially:\n\n> \"the parties **intend to marry**... and **intend to live in a spouse relationship**\" after the marriage. ([legislation.gov.au](https://www.legislation.gov.au/F1996B03551/2024-12-07/2024-12-07/text/original/epub/OEBPS/document_2/document_2.html))\n\nThe term \"spouse relationship\" is legally defined by four pillars, one of which is **\"the nature of the persons’ commitment to each other\"**, which includes:\n* The duration of the relationship.\n* The length of time they have lived together.\n* The degree of companionship and emotional support they draw from each other.\n* **Whether they see the relationship as a long-term one.** ([legislation.gov.au](https://www.legislation.gov.au/F1996B03551/1996-02-01/1996-02-01/text/original/epub/OEBPS/document_1/document_1.html))\n\n### How the Department of Home Affairs Assesses This\n\nThe case officer uses your answer to this question as a starting point. Answering \"No\" sends a immediate red flag that the couple may not meet the fundamental requirement of the visa.\n\nEvidence that demonstrates this \"mutual commitment\" includes:\n* A **Notice of Intended Marriage (NOIM)** from an authorized celebrant.\n* Correspondence regarding wedding plans (venue bookings, etc.).\n* Statements from both partners detailing the history of their relationship and their future plans together.\n* Evidence of their relationship being known to friends and family (statements, photos, social media).\n* Evidence of communication and time spent together.\n* Any evidence of financial interdependence or support.\n\n### Summary Table: How to Answer Correctly\n\n| Scenario | Correct Answer | Rationale |\n| :--- | :--- | :--- |\n| **Applying for a Prospective Marriage (subclass 300) visa with genuine intention to marry and live together.** | **Yes** | The couple has a mutual commitment to a *future* shared life as a married couple, which is the entire basis for the visa. |\n| The couple is only casually dating, has not discussed long-term plans, or is not exclusive. | No | Does not meet the legal requirements for any partner-based visa. |\n| The couple is already married or in a de facto relationship. | Yes | They are applying under a different visa stream (Partner visa 820/801 or 309/100) but the commitment is current. |\n\n### What You Must Do Now: Correct the Application\n\nSince you have stated this is a completed application, it is **critical** to correct this error before it is submitted or, if already submitted, as soon as possible.\n\n1. **If the application is NOT YET SUBMITTED:** Simply go back and change the answer to **\"Yes\"**. Ensure that the rest of the application and all supporting documents robustly evidence this commitment.\n\n2. **If the application IS ALREADY SUBMITTED:** You must formally inform the Department of Home Affairs.\n * The best method is to log into your **ImmiAccount** and use the \"Update Details\" function or \" attach documents\" to provide a clarification. You can upload a signed statement explaining the error and confirming the genuine commitment.\n * You can also use **Form 1023 - Notification of incorrect answer(s)**. This form is specifically designed for this situation. ([hopeimmigration.com.au](https://hopeimmigration.com.au/personal-details-changes/))\n\n**Providing false or misleading information is a serious issue.** Correcting an honest mistake proactively is always viewed far more favorably than having a case officer discover an inconsistency that leads to a refusal.\n\n### Conclusion\n\n**You must change the answer to \"Yes\".**\n\nFor a Prospective Marriage visa application, a \"Yes\" answer to this question confirms that the couple understands and meets the core requirement of the visa: a genuine, exclusive commitment to build a shared life as spouses after marriage. A \"No\" answer fundamentally contradicts the purpose of the application and will almost certainly result in a refusal.\n\nIf you are in any doubt, it is highly recommended to seek advice from a **Registered Migration Agent (MARA)** to review the application and ensure all aspects correctly reflect the couple's genuine relationship.