We're Engaged and Want to Marry in Australia. Who Can Help With the Fiancé Visa?

What does a lawyer do on a fiancé visa for a wedding in Australia?

A lawyer on a fiancé visa for a wedding in Australia checks that the couple can meet every requirement of the Subclass 300 Prospective Marriage visa, prepares the online application and the sponsor's documents, and presents evidence that the couple have met in person and genuinely intend to marry and live together. The lawyer then answers any requests from the Department and advises on timing, so that the wedding, the move to Australia and the later partner visa fit together. Our page on the Subclass 300 visa explains the visa in more detail.

Is the Subclass 300 the right visa for an engaged couple who want to marry in Australia?

The Subclass 300 is usually the right visa for an engaged couple who want to marry in Australia when the fiancé is outside Australia and the couple are not yet married or in a de facto relationship. A couple who have already been in a de facto relationship for 12 months may qualify for a partner visa straight away, and a couple who marry overseas first would normally apply for the Subclass 309/100 instead. Our guide to choosing the right partner visa pathway compares these options.

What must be in place before a wedding can take place in Australia?

Before a wedding can take place in Australia, both people must be free to marry, which means any earlier marriage must have been legally ended by a divorce that has taken effect. The marriage must also be valid under Australian law, and the couple must give a Notice of Intended Marriage to an authorised celebrant within the notice period the Marriage Act 1961 requires. Couples where one partner was married before should read our article on applying after a divorce, because an unfinished divorce can delay the wedding and weaken the evidence of the intention to marry.

What can go wrong for engaged couples planning to marry in Australia?

Engaged couples planning to marry in Australia most often run into trouble when the evidence does not show that they have met in person, when the relationship is very new, or when the sponsor is caught by the sponsorship limits. The Department also looks closely at earlier visa refusals, arranged engagements and large age gaps, which are not barriers in themselves but need to be explained with care. Our pages on sponsorship limitations and relationships that began online explain how these issues are handled.

What happens after the wedding in Australia?

After the wedding in Australia, the Subclass 300 holder applies for the Subclass 820 and 801 partner visas while still in Australia and before the Subclass 300 ends. The Subclass 820 is the temporary stage, and the permanent Subclass 801 is generally assessed two years after the partner visa application was lodged. Our article comparing Subclass 820 and Subclass 801 explains what each stage requires.

How does My Migration Lawyers help engaged couples marry in Australia?

My Migration Lawyers maps out the full journey for engaged couples who want to marry in Australia, from the Subclass 300 application to the wedding and the partner visa that follows, so that no step is left until the visa period is nearly over. The firm works with the Australian sponsor and the overseas fiancé by video and email, agrees a fixed fee before work starts, and keeps both partners informed. Engaged couples can speak with our partner visa lawyers or learn more about Weiwei Zhang before they book flights or a venue.