Prospective Marriage Visa holder – best time to apply for a partner visa?

A Prospective Marriage (subclass 300) visa (often called a ‘fiancee’ 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.

Given that there is 9 months to marry and then to lodge the partner visa application, when is the best time after marrying to lodge the partner visa application?

Like many things in immigration law – it depends!

Best time to lodge the partner visa application

The subclass 820/801 application must be lodged within the 9 month validity period of the subclass 300 visa.

The 820/801 application doesn’t need to be lodged straight after a couple marry. Particularly if the couple marry early in the 9-month period.

In fact it’s better to wait to lodge the 820/801 application if gathering more evidence of the relationship is needed.

The Bridging Visa A that is associated with the 820/801 apoplication won’t begin any earlier if the 820/801 is lodged earlier. The Bridging Visa A doesn’t become active until the subclass 300 visa expires.

Work rights aren’t relevant here. The applicant has full work rights in Australia whilst holding the subclass 300 visa and whilst their Bridging Visa A is active.

Medicare when holding a prospective marriage visa

However, eligibility for Medicare won’t commence for someone on a subclass 300 visa until they lodge the application for the 820/801 visa.

Overall, I feel the main consideration is – when in the 9 month period can the applicant lodge the strongest application for the 820/801 visa? If that’s straight after the marriage, well and good. However, for some applicants, it won’t be.

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

Ross McDougall

Immigration Lawyer

Tel: 08 8528 9187

This information is correct at March 8th, 2018 – but keep in mind that immigration law changes regularly.

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