Who Is the Best Lawyer for a Fiancé Visa in Australia?
Key points
- The fiancé visa is the Subclass 300 Prospective Marriage visa, applied for and granted while the applicant is outside Australia.
- The couple must marry within the visa period, which is nine months from grant.
- After the wedding, the applicant applies in Australia for the Subclass 820 and 801 partner visa.
- The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
What should a fiancé visa lawyer do for an engaged couple?
A fiancé visa lawyer should first decide with the couple whether the Subclass 300 is the right path at all. Some couples are better served by marrying overseas and applying for the Subclass 309/100, and others by a de facto application if they already live together. Once the Subclass 300 is chosen, the lawyer prepares the sponsor's and applicant's documents and the evidence of a genuine intention to marry. Our article on the fiancé visa and the partner visa compares the main pathways.
Why does the fiancé visa need careful planning?
The fiancé visa needs careful planning because it is only the first of several steps. The couple must marry within the visa period, then apply for the Subclass 820 and 801 in Australia, and the permanent stage is generally assessed two years after that application is lodged. A lawyer who looks ahead can make sure the wedding plans, the travel dates and the later partner visa all fit together. Our page on the Subclass 300 visa explains each stage.
What evidence does a fiancé visa lawyer focus on?
A fiancé visa lawyer focuses on evidence that the couple have met in person, know each other and genuinely intend to marry and live together as spouses. Evidence of time spent together, regular contact, family knowledge of the engagement and real wedding plans all help. A lawyer will also check that both partners are free to marry, which matters where either has been married before. Our article on preparing evidence of a genuine relationship covers the types of evidence that carry weight.
Can a lawyer help if we met online or live in different countries?
A lawyer can help couples who met online or live in different countries, which describes many fiancé visa applicants. The key issues are showing that the couple have met in person and that the relationship developed genuinely despite the distance. Communication records, travel records and statements from family and friends become important. Our article on partner visas for couples who met online explains how these relationships are assessed.
How should I compare lawyers for a fiancé visa?
Lawyers for a fiancé visa should be compared on how well they explain the whole journey, not only the first application. Ask each lawyer whether the Subclass 300 suits your circumstances, what happens if the wedding has to be moved, how the later Subclass 820 application will be handled and what the fixed fee covers at each stage. Our article on choosing Australian migration lawyers lists further checks.
How does My Migration Lawyers guide couples through a fiancé visa?
My Migration Lawyers guides engaged couples through the fiancé visa by treating the Subclass 300 and the later partner visa as one connected plan. The firm checks first that the sponsor can sponsor and that both partners are free to marry, then prepares the application with evidence of the couple's meetings and wedding plans, and advises on timing so the wedding and the Subclass 820 application fit within the visa period. Sponsors can learn how our partner visa lawyers work with couples before and after the wedding.
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