Can I Apply for a Prospective Marriage Visa in Australia?

Why can a prospective marriage visa not be lodged in Australia?

A prospective marriage visa cannot be lodged in Australia because the Migration Regulations require the Subclass 300 applicant to be outside Australia at the time of application. The same applies at the time of grant, so an applicant who is in Australia when the decision is ready may be asked to leave before the visa can be granted. The visa is designed to bring a fiancé to Australia to marry, not to keep someone in Australia while they wait. Our page on the Subclass 300 visa explains the full set of criteria.

What can an engaged couple do if the applicant is already in Australia?

An engaged couple whose applicant is already in Australia can often marry in Australia and then apply for the Subclass 820/801 as a married couple, provided the applicant's current visa does not stop them from applying. A couple who has lived together in a de facto relationship for 12 months may also apply without marrying. Our guide to the onshore partner visa explains the requirements for applying in Australia.

Can I marry on a visitor visa and then apply for a partner visa?

Marrying on a visitor visa and then applying for a partner visa in Australia is possible for many people, but only if the visitor visa does not carry condition 8503 No Further Stay. Where condition 8503 applies, a waiver must be granted before any application can be made in Australia, and a new relationship alone often does not meet the waiver test. Our articles on moving from a tourist visa to a partner visa and the condition 8503 waiver set out what to check first.

What if the applicant in Australia holds no substantive visa?

An applicant in Australia who holds no substantive visa, such as someone on a bridging visa after a refusal or someone who has overstayed, generally must meet Schedule 3 criteria to be granted the Subclass 820. Those criteria are waived only for compelling reasons, and a genuine relationship and the hardship of separation are generally not compelling reasons on their own. Our page on Schedule 3 waivers explains how these cases are argued.

Is it better to leave Australia and apply for the Subclass 300?

Leaving Australia to apply for the Subclass 300 is better only in some cases, such as where onshore rules block an application in Australia or where the couple genuinely plans to marry later. The applicant would then wait outside Australia for the decision, and once married in the visa period would apply for the Subclass 820/801 in Australia. Our article on choosing the right partner visa pathway compares the options side by side.

How does My Migration Lawyers advise couples who are engaged and in Australia?

My Migration Lawyers starts by reading the applicant's current visa grant notice and visa history, because the conditions on that visa usually decide whether the couple can apply in Australia at all. The firm then compares marrying and applying onshore with applying for the Subclass 300 from overseas, including the cost, the timing and the risk of each, before the couple books a wedding or a flight. Couples can speak with our partner visa lawyers about which option suits them.