Who Is the Best Lawyer for a Subclass 300 Prospective Marriage Visa?

What legal issues does a Subclass 300 lawyer need to know?

A Subclass 300 lawyer needs to know the criteria that are unique to this visa. The applicant and sponsor must have met in person and be known to each other, must genuinely intend to marry and live together as spouses, and must be able to marry validly under Australian law. A previous marriage that has not ended in divorce is a common obstacle. Our article on partner visas while still married explains why this matters.

How does a lawyer prove the intention to marry?

A lawyer proves the intention to marry by gathering evidence that the wedding is real and planned, not merely discussed. Useful evidence includes a planned wedding date, a notice of intended marriage, bookings with a celebrant or venue, and statements from family who know of the engagement. Evidence that the couple have met and that the relationship has developed over time supports the same point. Our article on partner visa future plans covers evidence of shared plans.

What happens after the Subclass 300 is granted?

After the Subclass 300 is granted, the applicant travels to Australia, the couple marry within the visa period, and the applicant then applies for the Subclass 820 and 801 partner visa while in Australia. Couples who do not marry within the visa period lose the basis for that later application, so timing matters from the start. Our page on the Subclass 300 visa describes each step, and our guide to the Subclass 820 visa covers the next stage.

Can a Subclass 300 application be lodged from Australia?

A Subclass 300 application cannot be made while the applicant is in Australia, and the visa can only be granted while the applicant is outside Australia. Applicants who visit their fiancé during processing must leave in time for the grant. Couples already together in Australia may need a different path, such as marrying and applying for the Subclass 820, provided no visa condition such as 8503 prevents it. Our article on the partner visa on a tourist visa explains those onshore limits.

Why are Subclass 300 applications refused?

Subclass 300 applications are commonly refused because the Department is not satisfied that the couple have met, that the intention to marry is genuine, or that the applicant meets health and character requirements. Inconsistent statements about how the couple met or the wedding plans can also cause problems. A lawyer reviews these points before lodgement, as our article on partner visa conflicting statements explains.

How does My Migration Lawyers prepare a Subclass 300 application?

My Migration Lawyers prepares a Subclass 300 application by checking three things before anything is lodged: that the sponsor is eligible, that both partners are free to marry, and that the wedding can realistically take place within the visa period. The firm then assembles the evidence of meetings and wedding plans, deals with health and character requirements, and stays involved after grant so the Subclass 820 application is lodged correctly once the couple marry. Sponsors can read more about our partner visa lawyers.