What Happens After We Marry on a Prospective Marriage Visa?
Key points
- After the marriage, the Subclass 300 holder applies in Australia for the Subclass 820 and 801 partner visas.
- The partner visa application must be lodged while the Subclass 300 is still in effect.
- The Subclass 820 applicant must be in Australia at lodgement and at grant.
- The permanent Subclass 801 is generally assessed two years after the partner visa application was lodged.
When should we apply for the partner visa after marrying on a Prospective Marriage visa?
The partner visa application after marrying on a Prospective Marriage visa should be lodged as soon as the marriage has taken place and the core documents are ready, and it must be lodged before the Subclass 300 ends. Leaving it until the final weeks creates risk, because a delay with a certificate or a technical problem in ImmiAccount can push the lodgement past the expiry date. Our page on the Subclass 820 visa explains the onshore application.
Does the Department assess our relationship again after the wedding?
The Department assesses the relationship again after the wedding, because the Subclass 820 has its own requirement that the couple are in a genuine and continuing married relationship. The earlier grant of the Subclass 300 shows that the Department accepted the engagement, but it does not decide the partner visa. The relationship is then assessed a third time at the permanent stage, as our article on the partner visa two-stage process explains.
What evidence is needed for the partner visa after the wedding?
The evidence needed for the partner visa after the wedding includes the marriage certificate and evidence of married life in Australia, such as a shared lease or mortgage, joint bills, a joint bank account and evidence that friends and family recognise the couple as married. Couples who have only recently started living together should show how the household has been set up, including who pays which bills and how domestic tasks are shared. The applicant's identity documents and police certificates may also need updating if they were issued well before the Subclass 300 was granted, and a name change after the wedding should be recorded consistently across every document. Our article on partner visa household evidence explains what case officers look for.
What visa do I hold while the Subclass 820 is processed?
A Subclass 300 holder who lodges a valid Subclass 820 application is usually granted a Bridging visa A, which comes into effect when the Subclass 300 ends. The bridging visa keeps the applicant lawful in Australia while the partner visa is processed. Our article on the partner visa bridging visa explains how this works and what conditions may apply.
Can I travel overseas after lodging the partner visa?
Travel overseas after lodging the partner visa is possible, but a Bridging visa A does not allow re-entry to Australia, so the applicant usually needs a Bridging visa B before leaving once the Subclass 300 has ended. The applicant must also be in Australia when the Subclass 820 is granted. Our article on the partner visa Bridging visa B explains how to apply.
How does My Migration Lawyers manage the partner visa after a Prospective Marriage visa?
My Migration Lawyers manages the partner visa after a Prospective Marriage visa by setting the lodgement date against the Subclass 300 expiry, preparing the Subclass 820 and 801 application with fresh evidence of married life, and handling Department requests through to the permanent stage. The firm also prepares the couple for the second-stage documents well before they are due. Newly married couples can speak with our partner visa lawyers.
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