Fiance Visa Lawyer: Bringing Your Fiance to Australia

Written by
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Published
October 14, 2026
37 min read
Reading Time
37 min read
Table Of Contents

Key Takeaways

  • A fiance visa lawyer prepares and lodges the Prospective Marriage visa (Subclass 300) for an Australian sponsor and their overseas fiance, checks eligibility and sponsor issues before lodgement, answers Department requests and plans the move to the Subclass 820 partner visa after the wedding.
  • The couple must have met in person since both turned 18, must be known to each other personally, and must genuinely intend to marry within the visa period and live together as spouses.
  • The Subclass 300 visa lets the holder enter and stay in Australia for a period of 9 to 15 months from grant, set by the Department. The wedding must take place inside that period, after the fiance first enters Australia.
  • Sponsor problems, such as earlier partner sponsorships under regulation 1.20J or criminal convictions under regulation 1.20KC, can stop the application even when the relationship is genuine.
  • If the Subclass 300 visa is refused, the sponsor (not the fiance) applies for review at the Administrative Review Tribunal, and the time limit is short.

A fiance visa lawyer helps an Australian citizen, permanent resident or eligible New Zealand citizen bring their overseas fiance to Australia to marry. In Australia the fiance visa is the Prospective Marriage visa (Subclass 300). A fiance visa lawyer at My Migration Lawyers assesses whether the couple qualifies, decides whether the Subclass 300 is the right pathway at all, prepares the sponsor and applicant evidence, lodges the application, deals with the Department of Home Affairs until a decision is made, and then plans the onshore Subclass 820 partner visa application after the wedding.

This guide is written for Australian sponsors who are engaged to someone overseas and want to understand what a fiance visa lawyer actually does on a matter like theirs. It is not a general explainer of the visa. The firm's commercial page on the Prospective Marriage visa Subclass 300 covers the visa itself, and the complete guide to partner visas in Australia explains how the fiance visa fits within the wider partner program. This page explains the legal work behind a well prepared fiance visa, where these applications go wrong, and how My Migration Lawyers and its Principal, Weiwei Zhang, approach them.

What does a fiance visa lawyer do?

A fiance visa lawyer takes responsibility for the legal side of the Subclass 300 application from the first assessment to the decision, and plans the next visa stage before the fiance arrives.

On a typical matter, the work a fiance visa lawyer at My Migration Lawyers carries out includes:

  • Eligibility assessment. Checking that the couple has met in person since both turned 18, that they know each other personally, that both are free to marry, and that the wedding can realistically take place within the visa period.
  • Pathway strategy. Deciding whether the Subclass 300 is better than marrying first and applying for the offshore Subclass 309 partner visa, or applying on the basis of a de facto relationship.
  • Sponsor assessment. Checking the sponsor against the sponsorship limitations in the Migration Regulations 1994, including earlier partner sponsorships and relevant criminal convictions.
  • Evidence. Preparing the celebrant's letter and Notice of Intended Marriage evidence, the relationship statements, supporting Form 888 statements from witnesses, identity documents, police certificates and relationship history.
  • Lodgement. Preparing and lodging the visa application and the sponsorship application online, with every answer consistent across both.
  • Department correspondence. Responding to requests for further information, invitations to comment on adverse information and interview requests.
  • After the wedding. Planning the Subclass 820 and Subclass 801 application so that it is lodged correctly and on time once the couple has married in Australia.
  • Refusals and review. Advising the sponsor on review at the Administrative Review Tribunal if the visa is refused.

A fiance visa lawyer is not simply a form filler. The Subclass 300 has its own legal tests, and a number of them are assessed twice: once when the application is made and again when the decision is made. A fiance visa lawyer has to build an application that still satisfies the criteria many months after lodgement, when circumstances such as the wedding date may have changed. The firm's Partner Visa Lawyers page explains how this work fits into the firm's wider partner visa practice.

Do you need a fiance visa lawyer for a Subclass 300?

No, the law does not require anyone to use a fiance visa lawyer. Sponsors and applicants can lodge a Subclass 300 application themselves.

The question is whether the couple's circumstances carry risk that is better handled by a lawyer. Some fiance visa applications are straightforward. Many are not. A fiance visa lawyer is most useful where one or more of the following applies:

  • the couple met online and has spent limited time together in person;
  • there is a large age gap, a short relationship or a cultural or arranged marriage background;
  • either person was previously married and the divorce documents are incomplete or foreign;
  • the sponsor has sponsored a partner before, or was sponsored as a partner themselves;
  • the sponsor or the applicant has a criminal record, a previous visa refusal or an immigration history in Australia;
  • the applicant has children who will be included in the application; or
  • the couple is unsure of the wedding date because processing times are uncertain.

The firm has written separately about whether you need a lawyer for a partner visa and the risks of a partner visa without a lawyer. The same reasoning applies to the fiance visa. A refusal costs the visa application charge, months of waiting and, for many couples, a wedding that has to be postponed. A fiance visa lawyer is engaged to reduce that risk, not to promise a result. No lawyer can guarantee a visa, as the firm explains in its answer on whether a lawyer can guarantee a partner visa.

Fiance visa lawyer assessment: does the couple qualify?

A fiance visa lawyer begins with the eligibility criteria in Part 300 of Schedule 2 to the Migration Regulations 1994, and checks each one against the couple's real circumstances before any document is gathered.

The core requirements for the primary applicant, as set out in the Department's procedural instruction for the Subclass 300 visa, are:

  • the applicant and the sponsor must each be at least 18 years old when the application is made (clause 300.212A and subclause 300.213(2));
  • the applicant must genuinely intend to marry an Australian citizen, Australian permanent resident or eligible New Zealand citizen, who must also be the sponsor (clauses 300.211 and 300.213);
  • the couple must have met in person since each of them turned 18, and must be known to each other personally (clause 300.214);
  • the marriage must be valid under Australian law and intended to take place within the visa period (clause 300.215);
  • the couple must genuinely intend to live together as spouses (clause 300.216);
  • there must be no impediment to the marriage under Australian law at the time of decision (clause 300.221A); and
  • the applicant must be outside Australia when the application is made and, in most cases, when the visa is granted.

The firm's FAQ on Prospective Marriage visa requirements lists these in plain terms. The sections below explain where a fiance visa lawyer focuses the assessment.

Met in person since turning 18

The couple must have come into each other's physical presence after both turned 18. Video calls, phone calls and messages do not count. The Department's policy relies on the Full Federal Court decision in *Minister for Immigration and Citizenship v Yucesan* [2008] FCAFC 110, which held that "met" means meeting in person.

A fiance visa lawyer asks for proof of each meeting: passport stamps, boarding passes, hotel bookings, photographs and messages sent around the visit. Where the couple met online, the firm's guides on whether you must have met in person for a fiance visa and partner visas for couples who met online explain how the evidence is usually assembled. In the Tribunal decision *White (Migration)* [2018] AATA 4497, recorded in the firm's remittal database under the issues "met in person; travelled to applicant's home country; airline tickets; photographic evidence", the matter was sent back to the Department for reconsideration.

Known to each other personally

Meeting once is not always enough. The couple must also be "known to each other personally". The law does not set a particular level of knowledge, but the Department may look at evidence of contact showing how the relationship developed, whether the relationship is culturally appropriate in the couple's circumstances, and the couple's answers at interview. A fiance visa lawyer prepares the relationship statements so that this history is clear and consistent.

Genuine intention to marry within the visa period

The Subclass 300 is granted for a period that must be at least nine months and not more than 15 months from the date of grant (clause 300.511). The marriage must be intended to take place within that period, after the applicant first enters Australia. If the planned wedding date falls outside the visa period, the criteria in paragraph 300.215(b) and clause 300.221 cannot be met.

This creates a timing problem that a fiance visa lawyer has to manage. Processing is long and uncertain, so the Department's policy accepts a date range or, in some cases, no fixed date at all, relying instead on the credibility of the couple. There is no legislative requirement to specify a wedding date. The firm's answers on the wedding date for a fiance visa and changing the wedding date on a prospective marriage visa deal with this in more detail.

No impediment to the marriage

Both people must be free to marry, and the marriage must be capable of recognition as valid in Australia. The most common problem is divorce. A previous marriage that has not been formally dissolved, or a foreign divorce whose effect is unclear, can stop the visa at the time of decision. A fiance visa lawyer checks divorce orders and, where an applicant comes from a country that issues them, single status or no impediment certificates. In *Khen (Migration)* [2024] AATA 1061, recorded in the remittal database under the issues "impediment to marriage under Australian law; marital status; Kingdom of Cambodia Certificate of Celibacy; Single Status Certificate", the matter was remitted. The firm's guide on applying for a partner visa while still married explains the divorce issue.

Applicant outside Australia

Both the primary applicant and any secondary applicants must be outside Australia when the Subclass 300 application is made (item 1215 of Schedule 1). The visa must generally be granted while the applicant is outside Australia (subclause 300.412(1)). The firm's answer on applying for a prospective marriage visa in Australia explains why a fiance who is already in Australia usually needs a different strategy, and the guide to the onshore partner visa explains the alternative.

Fiance visa or partner visa: the first strategy question for a fiance visa lawyer

The first strategic decision a fiance visa lawyer makes is whether the Subclass 300 is the right visa, or whether the couple is better served by marrying first, or by relying on a de facto relationship.

There are three common pathways for an engaged couple where the fiance lives overseas:

  • Prospective Marriage visa (Subclass 300). The fiance enters Australia, the couple marries within the visa period, and the fiance then applies onshore for the Subclass 820 and Subclass 801 partner visas.
  • Marry first, then apply for the Subclass 309 and Subclass 100. The couple marries overseas, or in Australia while the fiance is a visitor if the visa conditions allow, and then applies for the offshore partner visa as spouses.
  • De facto partner visa. Where the couple already lives together in a de facto relationship, they may qualify for a partner visa without marrying.

Each pathway has different costs, evidence requirements, processing considerations and risks. A fiance visa lawyer compares them against the couple's real circumstances: where they want to marry, how long they have known each other, whether they have lived together, and whether the fiance needs to be in Australia quickly. The firm's guides on fiance visa versus partner visa, the cost of the fiance route compared with marrying first and onshore versus offshore partner visas set out the trade-offs.

One mistake a fiance visa lawyer sees often is a couple who travel to Australia on a visitor visa intending to marry and then apply onshore, without checking whether the visitor visa has a "no further stay" condition. The firm's answers on marrying in Australia on a visitor visa and a partner visa on a visitor visa explain why this needs advice before the couple books flights.

Another issue is overseas marriage. If the couple marries overseas, the marriage must be recognised as valid under Australian law. The guide on whether an overseas marriage is recognised in Australia explains the test. A fiance visa lawyer checks this before the couple commits to a wedding abroad.

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Notice of Intended Marriage evidence: how a fiance visa lawyer prepares it

A fiance visa lawyer prepares the intention to marry evidence around the Department's expectation of a signed and dated letter from the authorised marriage celebrant who will conduct the ceremony, together with confirmation that a Notice of Intended Marriage has been lodged.

Under the Department's policy, the celebrant's letter should be on letterhead and should include:

  • in all cases, the date or date range and the venue of the ceremony; and
  • in most cases, confirmation that a Notice of Intended Marriage (NOIM) for the couple has been lodged with the celebrant.

Under Australian marriage law, a NOIM must generally be lodged with the celebrant no less than one month before the ceremony, and it can be lodged up to 18 months beforehand. The Department's policy notes that a NOIM is valid for up to 18 months. Because Subclass 300 processing can take a long time, a fiance visa lawyer plans the NOIM and the celebrant's letter so that the proposed date or date range is realistic once the expected processing time and the 9 to 15 month visa period are taken into account. The firm's FAQ on the Notice of Intended Marriage explains the form itself.

Signing the NOIM when the fiance is overseas

Both parties must sign the NOIM in front of an authorised witness, but they do not have to sign at the same time or place. The sponsor can sign in Australia and the fiance can sign overseas. Outside Australia, the Department's policy lists witnesses such as an Australian diplomatic or consular officer and a notary public. In Australia, witnesses include an authorised celebrant, a justice of the peace, a lawyer, a medical practitioner and a police officer. A fiance visa lawyer tells the couple who can witness the form in the fiance's country, so that the NOIM is not rejected later.

When the celebrant will not accept a NOIM yet

Some celebrants will not accept a NOIM without first meeting the couple. The Department's policy allows the requirement for a celebrant's letter to be waived where other evidence of intention to marry is strong, such as a completed and signed NOIM, and the letter cannot reasonably be provided. In that situation, a fiance visa lawyer asks the celebrant for a letter explaining why the NOIM was not accepted, and strengthens the rest of the intention to marry evidence.

When the wedding date passes during processing

A common problem arises when the wedding date in the celebrant's letter passes before the Department makes a decision. The intention to marry is assessed again at the time of decision. A fiance visa lawyer keeps the evidence current by obtaining an updated celebrant's letter or NOIM and providing it to the Department before the decision is made. In *McKenzie (Migration)* [2024] AATA 914, recorded in the remittal database under the issues "marriage intended to take place within visa period; date on notice of intended marriage passed before delegate's decision; updated notice provided to tribunal", the matter was sent back to the Department. The firm's answer on why prospective marriage visas are refused lists this among the common avoidable reasons.

Engagement ceremonies and cultural weddings

An engagement ceremony is not a legal requirement for the Subclass 300, but it can be useful evidence of commitment and of the way families and communities recognise the relationship. The firm's answer on an engagement ceremony for a fiance visa explains how it is used. A fiance visa lawyer also checks that a religious or cultural ceremony held overseas has not already created a legally valid marriage, because a couple who is already married cannot be granted a Subclass 300. The firm's answer on religious and cultural marriages deals with that risk.

Sponsor problems a fiance visa lawyer checks before lodgement

A fiance visa lawyer checks the sponsor as carefully as the applicant, because a sponsor issue can lead to refusal even where the relationship is completely genuine.

The sponsor must be the fiance's intended spouse, at least 18 years old, and an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsorship must be approved by the Department and remain in force at the time of decision (subclause 300.222(1)). The firm's guides on partner visa sponsor requirements and partner visa sponsor eligibility explain the basic test. A fiance visa lawyer then looks at the limitations below.

Earlier partner sponsorships: regulation 1.20J

Regulation 1.20J limits how many partner and fiance sponsorships a person can have. In summary, as set out in the Department's policy:

  • a person can have at most two approved spouse, de facto partner or prospective spouse sponsorships (regulation 1.20J(1)(a));
  • a person who has sponsored a partner or fiance cannot have another sponsorship approved until at least five years after the earlier visa application was made (regulation 1.20J(1)(b)); and
  • a person who was themselves sponsored as a partner or fiance cannot sponsor a partner until at least five years after their own visa application was made (regulation 1.20J(1)(c)).

These limits can be waived where there are compelling circumstances affecting the sponsor (regulation 1.20J(2)). A fiance visa lawyer identifies the issue at the start, gathers evidence of the compelling circumstances, and prepares submissions. In *1820420 (Migration)* [2020] AATA 3988, recorded under the issues "whether the sponsorship requirements are met; applicant has reached the limit on sponsorship; compelling circumstances affecting the sponsor; previous relationships were genuine", the matter was remitted. The firm's commercial page on partner visa sponsorship limitations and its FAQ on sponsoring after being sponsored before explain this bar in detail.

Sponsor criminal history: regulations 1.20KB and 1.20KC

The sponsor must provide police checks. If the sponsor has been convicted of a relevant offence, such as a violent offence or a breach of a protection order, and has a significant criminal record for that offence, the Department must refuse the sponsorship unless it is reasonable to approve it (regulation 1.20KC). Where the applicant's children are included, regulation 1.20KB can apply to sponsors with charges or convictions for registrable offences. The firm's guides on partner visa sponsor relevant offences, the partner visa sponsor police check and a sponsor with a criminal record explain these rules. A fiance visa lawyer reads the court records before lodgement so that the sponsor does not discover the problem only when the Department asks for police certificates.

Other sponsor issues

A fiance visa lawyer also checks issues such as:

  • whether the sponsor is a recent permanent resident, a citizen by descent, or living overseas, as explained in the guide on a partner visa sponsor living overseas;
  • whether a New Zealand citizen sponsor is an eligible New Zealand citizen, as explained in the guide on New Zealand citizen partner visa sponsors; and
  • whether the sponsor was granted a Woman at Risk (Subclass 204) visa in the five years before the application, which can prevent sponsorship of a former or undeclared partner under clause 300.212.

The firm's partner visa sponsor risk assessment guide shows how these issues are reviewed together.

Relationship evidence: what a fiance visa lawyer puts in the application

A fiance visa lawyer builds the relationship evidence to prove two things: that the couple genuinely intends to marry, and that the couple genuinely intends to live together as spouses after the wedding.

The Subclass 300 is assessed differently from a partner visa. The couple is not yet married and often has not lived together, so the Department does not expect the same depth of shared finances or household evidence. Under the Department's policy, the factors used to assess married relationships in regulation 1.15A may be used only as guidance on the couple's intentions. The couple should still show a mutual commitment to a shared life as spouses, to the exclusion of all others, and a relationship that is genuine and continuing.

In practice, a fiance visa lawyer usually prepares:

  • One relationship statement from each person. Each statement tells the story of the relationship in the person's own words: how they met, each in-person meeting, the proposal, the wedding plans and the plans for life in Australia. The firm's guide to the partner visa relationship statement explains the approach.
  • Evidence of contact. Call logs, messages and video call records showing how the relationship developed between visits. The guide on partner visa chat evidence explains how to present it without overwhelming the case officer.
  • Evidence of visits. Travel records, accommodation bookings and dated photographs, as discussed in the guides on partner visa travel evidence and partner visa photo evidence.
  • Evidence of commitment and future plans. Wedding bookings, engagement evidence, financial support, and plans for where the couple will live, as covered in the guide on partner visa future plans.
  • Form 888 supporting statements. Supporting statements by Australian citizen or permanent resident witnesses who know the couple. Form 888 is a supporting statement by a witness, not a statutory declaration. The guide on Form 888 for a partner visa and the FAQ on Form 888 statements explain who can provide one.

A fiance visa lawyer also reviews the evidence for inconsistencies before it is lodged. Different dates in two statements, a visit that does not match passport stamps, or a gap in contact that is not explained can lead the Department to doubt the relationship. The guide on partner visa conflicting statements explains why this matters. The firm's FAQ on fiance visa evidence lists the documents most couples provide.

Arranged marriages and short relationships

The Subclass 300 is available to couples in arranged marriages, provided both people genuinely consent, have met in person since turning 18 and know each other personally. A fiance visa lawyer handles these cases with care, because the Department is required to consider whether there is real consent. The guide on partner visas and arranged marriages and the guide on partner visa short relationships explain the evidence that addresses these concerns. Large age gaps raise similar questions, discussed in the guide on partner visa age gaps.

Lodgement and Department requests: what happens during processing

A fiance visa lawyer lodges the visa application and the sponsorship together, then manages every communication with the Department until a decision is made.

The applicant lodges the visa application online and the sponsor lodges the sponsorship application. The Department's policy notes that a valid Subclass 300 application can be made without the sponsorship form, but the visa cannot be granted without an approved sponsorship. A fiance visa lawyer makes sure both are lodged and linked, and that the information in each is consistent.

During processing, the Department may:

  • Request more information under section 56 of the Migration Act 1958. A fiance visa lawyer prepares a complete response within the time given. The firm's guide to the partner visa section 56 request explains the process.
  • Invite comment on adverse information under section 57. This is often the last chance to answer a concern before a refusal. The guide to the section 57 natural justice letter explains what is at stake.
  • Interview the applicant, the sponsor or both. A fiance visa lawyer prepares the couple so their answers are truthful and consistent, as explained in the FAQ on partner visa interview preparation and the guide to partner visa interview questions.
  • Ask for health examinations and police certificates. A fiance visa lawyer tracks expiry dates, as discussed in the guide on partner visa expired police checks.

Section 104 of the Migration Act requires the applicant to tell the Department in writing about changes in circumstances that make an answer in the application incorrect. A new wedding date, a new address, the birth of a child or a change in relationship status must be reported. A fiance visa lawyer handles these notifications. The guide on partner visa change of circumstances explains what must be reported. The firm's FAQ on responding to a request for information covers the practical steps.

Couples often ask how long the process takes. Processing times change often, and the firm does not state a figure here. The FAQ on prospective marriage visa processing time explains where to find the current information. A fiance visa lawyer cannot make the Department decide faster, but a complete, well organised application avoids delays caused by missing evidence.

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What happens after the wedding? Planning the Subclass 820

After the fiance enters Australia and the couple marries within the visa period, the fiance applies in Australia for the Subclass 820 and Subclass 801 partner visas. A fiance visa lawyer plans this step before the fiance even arrives.

The Subclass 300 visa is granted with mandatory conditions. Condition 8515 requires the holder not to marry before entering Australia. Condition 8519 requires the holder to marry the person named in the application within the visa period. The first entry date is set by the Department and, under policy, is usually no more than 12 months from grant. The couple can marry in Australia or, once the fiance has entered Australia, travel overseas to marry. The firm's answers on marrying overseas on a prospective marriage visa and travel on a prospective marriage visa explain the rules.

Once married, the fiance can apply for the Subclass 820 under subclause 820.211(6), which applies to a Subclass 300 holder who has married the sponsoring partner under a valid marriage and who continues to be their spouse. The marriage must be to the same person who sponsored the Subclass 300. The Department's policy for the Subclass 820 notes that applicants who meet subclause 820.211(5), being people who entered as Subclass 300 holders and ceased to hold a substantive visa after marrying their sponsor, are not required to meet the Schedule 3 criteria. A fiance visa lawyer still aims to lodge the Subclass 820 while the Subclass 300 is in effect, so that the applicant has lawful status and the application is as simple as possible.

The firm's FAQs on what happens after marriage on a prospective marriage visa, moving from a fiance visa to a partner visa and whether the prospective marriage visa is permanent set out the next stage. The Subclass 820 visa guide and the guide comparing the Subclass 820 and Subclass 801 explain what follows. The guide to the partner visa marriage certificate explains why the official certificate matters.

If the couple does not marry in time

There is no provision to apply for a further Subclass 300 in Australia if the couple wants to delay the wedding past the end of the visa period. If the wedding cannot take place in time, a fiance visa lawyer needs to know as early as possible. The firm's answer on what happens if you are not married within 9 months on a Subclass 300 explains the options and risks. Where the relationship ends, the firm's answer on a break-up on a prospective marriage visa and the commercial page on family violence and partner visas explain the provisions that may apply, including the family violence provisions in subclauses 820.211(8) and (9).

What if the couple marries before the Subclass 300 is granted?

If the couple marries after lodgement but before the decision, the Subclass 300 cannot be granted, because the marriage is no longer intended to take place within the visa period. A fiance visa lawyer manages this change so the application is not wasted.

Under regulation 2.08E, once the couple notifies the Department of the marriage and the marriage is valid for visa purposes, the applicant is taken to have also applied for the Subclass 309 and Subclass 100 partner visas. The Department's policy states that no additional first instalment visa application charge is payable in that situation. The applicant should then withdraw the Subclass 300 application in writing, or it will be refused. A fiance visa lawyer handles the notification, the withdrawal and the additional evidence needed for a spouse assessment. The firm's answer on marrying before the prospective marriage visa is granted explains this, and the guide to the offshore partner visa covers the Subclass 309 assessment.

Fiance visa refused: how a fiance visa lawyer handles review

If the Subclass 300 is refused, the sponsor can apply to the Administrative Review Tribunal for merits review. The sponsor, not the fiance, is the person who must lodge the review application, under regulation 4.02(5)(r). This is different from an offshore Subclass 309 refusal, where the applicant applies.

A fiance visa lawyer acting on a refusal will:

  • read the refusal decision and identify each criterion the Department found was not met;
  • confirm the review deadline from the date the sponsor was notified, which is 28 days for this type of decision, and ensure the application and fee are lodged in time;
  • gather new evidence that answers the Department's concerns; and
  • prepare written submissions and prepare the sponsor and fiance for the hearing.

As at October 2026, the Tribunal's fees page lists the application fee for migration decisions under Part 5 of the Migration Act as $3,580. A reduced fee of 50% may be available in cases of financial hardship. The firm's guides on partner visa ART fees, the partner visa ART review process and the partner visa ART hearing explain what to expect.

Marriage during review

A feature of Subclass 300 review is that many couples marry while the review is pending. Where the couple validly marries before the Tribunal decides, the Tribunal has repeatedly sent matters back to the Department to be considered as a partner visa application. The firm's remittal database records this pattern in decisions such as *Cooper (Migration)* [2023] AATA 2974 ("parties married since the primary decision; valid marriage; taken to be an application for a permanent Partner visa") and *Sage (Migration)* [2019] AATA 4230 ("validly married sponsor after Prospective Marriage visa refusal; notified Tribunal of marriage before review application determined"). A fiance visa lawyer advises on whether this approach is available and how the marriage must be evidenced. It is not automatic, and the marriage must be valid under Australian law.

The firm's commercial page on partner visa refusals, its answer on a prospective marriage visa refusal, its answer on a fiance visa refused when the couple is now married, and its guide on whether you can appeal a partner visa refusal all deal with this stage. Where the deadline is close, the urgent visa refusal review page explains how to contact the firm quickly.

Choosing a fiance visa lawyer: what an Australian sponsor should ask

An Australian sponsor choosing a fiance visa lawyer should ask who will do the legal work, how the fees are structured, what the lawyer sees as the risks in the case, and how communication will work while the fiance is overseas.

Useful questions for any fiance visa lawyer include:

  • Have you identified any eligibility or sponsor issue in our case, and how would you address it?
  • Is the Subclass 300 the right pathway for us, or should we marry first or rely on a de facto relationship?
  • Is your fee fixed, and what does it include?
  • How will you manage the wedding date and the NOIM if processing takes longer than expected?
  • What happens after the wedding, and is the Subclass 820 application part of a separate engagement?

The firm's guides on questions to ask a partner visa lawyer, partner visa lawyer red flags and a migration agent compared with an immigration lawyer help sponsors compare options. Both registered migration agents and lawyers can assist with visa applications. A lawyer holds a practising certificate and is regulated as a legal practitioner, which some couples value where the case involves complex legal issues or review.

My Migration Lawyers charges fixed fees per matter, agreed in writing before work begins. The guide on fixed fee partner visa lawyers and the guide on the partner visa lawyer costs agreement explain how this works. The firm's answer on a fiance visa lawyer in Australia gives a short summary of the firm's approach, and its guide to partner visa lawyers online explains how video consultations work for couples in different countries.

How My Migration Lawyers acts as your fiance visa lawyer

My Migration Lawyers acts as fiance visa lawyer for Australian sponsors and their overseas fiances in Prospective Marriage visa matters, from the first assessment through to the Subclass 820 application after the wedding. The firm's work is led by Principal Lawyer Weiwei Zhang.

On a fiance visa matter, My Migration Lawyers:

  • assesses the couple against every Subclass 300 criterion, including met in person, known personally, intention to marry within the visa period and no impediment to the marriage;
  • advises on whether the fiance visa, the Subclass 309 or a de facto pathway is the better strategy for the couple's circumstances;
  • checks the sponsor against regulations 1.20J, 1.20KB and 1.20KC before lodgement, and prepares submissions where a limitation or criminal history issue arises;
  • plans the celebrant's letter and Notice of Intended Marriage evidence around realistic processing and the 9 to 15 month visa period;
  • prepares the relationship statements, Form 888 supporting statements and supporting evidence, and checks them for consistency;
  • lodges the visa and sponsorship applications and handles section 56 requests, section 57 invitations, interviews and change of circumstance notifications;
  • plans and prepares the Subclass 820 and Subclass 801 application once the couple has married; and
  • acts for sponsors at the Administrative Review Tribunal where a fiance visa has been refused, within the deadline.

The firm deals with complex cases. It acts in many partner and fiance visa matters, including matters involving previous sponsorships, divorce and impediment questions, sponsor criminal history, arranged marriages, short relationships and refusals at the Tribunal, and it is capable of handling them. Every case depends on its own facts, and the firm does not promise outcomes. What it offers is a fiance visa lawyer who examines the risks early and prepares the application to meet the law as it is applied at the time of decision.

The firm's office is at Level 1, 60 Martin Place, Sydney, and consultations are held by video for sponsors anywhere in Australia, with the fiance able to join from overseas. If you are engaged and want your fiance to come to Australia to marry, speak with a fiance visa lawyer before the NOIM is lodged and before any wedding date is fixed.

Book a Consultation with My Migration Lawyers, or call 1300 040 300.

Frequently Asked Questions

What does a fiance visa lawyer do?

A fiance visa lawyer prepares and lodges the Prospective Marriage visa (Subclass 300) for an Australian sponsor and their overseas fiance. The work includes checking eligibility, choosing the right visa pathway, checking the sponsor against the sponsorship limitations, preparing the celebrant's letter and relationship evidence, lodging the visa and sponsorship applications, and answering Department requests. A fiance visa lawyer also plans the Subclass 820 partner visa application that follows the wedding, and advises the sponsor on review if the visa is refused.

Do I need a fiance visa lawyer to bring my fiance to Australia?

No. The law does not require a lawyer, and couples can apply for a Subclass 300 themselves. A fiance visa lawyer is most useful where the case carries risk, for example where the couple met online and has spent little time together in person, either person was married before, the sponsor has sponsored a partner before, there is a criminal record or a previous visa refusal, or children are included. In those cases, legal advice before lodgement can prevent avoidable refusals and delays.

Do we have to have met in person for a fiance visa?

Yes. The couple must have met in person since both turned 18, under clause 300.214 of the Migration Regulations 1994. Video calls, phone calls and messages do not count as meeting. The couple must also be known to each other personally. Evidence usually includes passport stamps, boarding passes, accommodation bookings and dated photographs from each visit, together with messages and call records that show how the relationship developed between visits.

How long does the fiance visa let my fiance stay in Australia?

The Subclass 300 lets the holder travel to, enter and remain in Australia until a date set by the Department, which must be at least nine months and not more than 15 months from the date of grant. The couple must marry within that period, after the fiance first enters Australia. The fiance then applies for the Subclass 820 and Subclass 801 partner visas in Australia. There is no provision to apply for a further Subclass 300 in Australia to delay the wedding.

Do we need a wedding date to apply for a fiance visa?

No. There is no legislative requirement to state a fixed wedding date. The Department's policy expects a letter from the authorised celebrant giving the date or a date range and the venue, and usually confirming that a Notice of Intended Marriage has been lodged. Because processing is long and uncertain, a date range is often used. In some cases the Department relies on the credibility of the couple where wedding arrangements have not yet been made.

What is a Notice of Intended Marriage and when should it be lodged?

A Notice of Intended Marriage is the form a couple must give to the authorised celebrant before marrying in Australia. It must generally be lodged at least one month before the ceremony and can be lodged up to 18 months before it. Both people sign it in front of an authorised witness, but they do not need to sign at the same time or place. A fiance visa lawyer plans the timing so the notice remains useful once processing time is taken into account.

Can a fiance visa lawyer help if I have sponsored a partner before?

Yes. Regulation 1.20J limits a sponsor to two approved partner or fiance sponsorships, and generally requires five years between sponsorships. It also stops a person who was sponsored as a partner from sponsoring a new partner until five years after their own application. These limits can be waived where there are compelling circumstances affecting the sponsor. A fiance visa lawyer identifies the issue before lodgement and prepares evidence and submissions on compelling circumstances.

Can I sponsor my fiance if I have a criminal record?

It depends on the offence and the sentence. Under regulation 1.20KC, the Department must refuse a sponsorship where the sponsor has been convicted of a relevant offence, such as certain violent offences or a breach of a protection order, and has a significant criminal record for that offence, unless it is reasonable to approve it. Other convictions may not prevent sponsorship. A fiance visa lawyer reviews the court records and police certificates before lodgement and advises on the risk.

Can my fiance apply for the Subclass 300 while in Australia?

No. Both the primary applicant and any family members included in the application must be outside Australia when the Subclass 300 application is made. The visa is generally granted while the applicant is outside Australia. A fiance who is already in Australia usually needs a different strategy, such as an onshore partner visa after marriage, which depends on their current visa and its conditions. Advice should be obtained before any wedding plans are made.

What happens if we marry before the fiance visa is granted?

The Subclass 300 can no longer be granted, because the marriage is no longer intended to take place within the visa period. Under regulation 2.08E, once the Department is notified of a valid marriage, the applicant is taken to have also applied for the Subclass 309 and Subclass 100 partner visas, and no additional first instalment charge is payable. The applicant should withdraw the Subclass 300 application in writing, or it will be refused.

What happens after we marry on a fiance visa?

After marrying within the visa period, the fiance applies in Australia for the Subclass 820 temporary partner visa and the Subclass 801 permanent partner visa. Subclause 820.211(6) applies to a Subclass 300 holder who has married the person who sponsored them and remains their spouse. The marriage must be valid under Australian law and evidenced by the official marriage certificate. It is best to lodge the Subclass 820 while the Subclass 300 is still in effect.

Can we marry overseas on a fiance visa?

Yes, but only after the fiance has first entered Australia on the Subclass 300. Condition 8515 requires the holder not to marry before entering Australia, and condition 8519 requires the marriage to take place within the visa period. Once the fiance has entered Australia, the couple can travel overseas and marry, provided the marriage is recognised as valid under Australian law. The fiance then returns and applies for the Subclass 820 in Australia.

Who applies for review if a fiance visa is refused?

The Australian sponsor applies for review at the Administrative Review Tribunal, not the fiance. Under regulation 4.02(5)(r), the sponsor is the person who can apply for review of a Subclass 300 refusal. The deadline runs from the date of notification and is short, so the refusal letter should be read immediately. As at October 2026, the Tribunal's fees page lists the application fee for migration decisions as $3,580, with a 50% reduction available for financial hardship.

Can we marry while the fiance visa refusal is under review?

Yes. Where the couple validly marries before the Tribunal decides, the Tribunal has in many decisions sent the matter back to the Department to be considered as a partner visa application. The marriage must be valid under Australian law and must be notified to the Tribunal with the official marriage certificate before the review is decided. This is not automatic, and the remaining criteria still have to be met, so legal advice should be obtained first.

Is a fiance visa lawyer different from a migration agent?

Both a registered migration agent and an Australian lawyer can assist with a Subclass 300 application. A lawyer holds a practising certificate and is regulated as a legal practitioner. Some sponsors choose a fiance visa lawyer where the case involves legal issues such as divorce and impediment questions, sponsorship limitations, criminal history, or review at the Administrative Review Tribunal. The right choice depends on the case and on the experience of the person handling it.

How much does a fiance visa lawyer cost?

Fees vary between firms and depend on the complexity of the case. My Migration Lawyers charges a fixed fee per matter, agreed in writing in a costs agreement before work begins, so the sponsor knows the professional fee in advance. The professional fee is separate from government charges, such as the Subclass 300 visa application charge payable to the Department, and any health examination or police certificate costs. The fee is confirmed after the initial consultation.

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Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer

Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.

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