Applied for a Prospective Marriage Visa and marry before visa granted? – not recommended, but hopefully not fatal.


A Prospective Marriage (subclass 300) visa (often called a fiance’ visa) is a visa that entitles the holder to travel to Australia, marry their fiance(e), and then to lodge a partner (subclass 820/801) visa application in Australia. You must marry and lodge the partner visa application within 9 months of being granted the subclass 300 visa.

Ocassionally, the engaged couple marry before their Prospective Marriage Visa is granted.  Unfortunately, their marriage makes them ineligible for grant of the Prospective marriage visa.

What to do?

Well, this scenario is definitely not recommended.  But, it you find yourself in this situation, their is provision in Migration policy to allow the couple to be taken to have also applied for an offshore partner visa, due to their marriage.  The Government’s Visa application charge for both visa types is the same.

An extract from the Immigration Department’s Policy:

If, after a subclass 300 application is made but before it is decided, the couple change their plans and marry outside Australia, subclass 300 time of decision criteria cannot be satisfied.

However, under regulation 2.08E, once the couple has notified the department of their marriage (as would be required of them by s104 of the Act), and provided the marriage is valid for visa purposes, the subclass 300 applicant is taken to have also applied for a sublcass 309/100 Partner visa.

In these cases, no additional Visa Application Charge is payable; the amount paid for the VAC for the subclass 300 visa is taken to be payment of VAC for the partner visa. The applicant should be advised to withdraw, in writing, the subclass 300 application or the visa will be refused.

 

Feel free to contact me for a consultation if you need further information about this. Cheers.

Ross McDougall

Immigration Lawyer

www.rpmlawyers.com.au

Tel: 08 8528 9187

This information is correct at April 24th, 2018 – but keep in mind that immigration law changes from time to time.

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