Can We Apply for a Partner Visa If We Are Only Engaged?

Why does an engagement alone not qualify for a partner visa?

An engagement alone does not qualify for a partner visa because the Migration Act defines a partner visa relationship as a marriage or a de facto relationship, and a promise to marry is neither. The Department can only grant the Subclass 820 or Subclass 309 if the couple is married, or has lived together as a de facto couple and meets the de facto rules. Our article on partner visa requirements explains each relationship test.

Can an engaged couple apply as de facto partners instead?

An engaged couple can apply as de facto partners if they already live together, or do not live apart on a permanent basis, and share their lives in the way the law requires. The relationship must generally have lasted 12 months before lodgement, unless it has been registered on an Australian state or territory relationship register or an exception applies. Our article on the de facto partner visa and the 12-month rule explains the exceptions.

What is the fiancé option for engaged couples?

The fiancé option for engaged couples is the Subclass 300 prospective marriage visa, which lets the applicant come to Australia to marry the sponsor within the visa period. The applicant must be outside Australia when applying and when the visa is granted, and the couple must have met in person and genuinely intend to marry and live together. Our page on the Subclass 300 visa sets out the full criteria.

What if the engaged applicant is already in Australia?

An engaged applicant who is already in Australia usually cannot use the Subclass 300, so the common path is to marry in Australia and then apply for the Subclass 820/801, if the current visa allows an onshore application. Condition 8503 No Further Stay and Schedule 3 criteria can block or complicate that path. Our guide to the onshore partner visa explains what to check before marrying.

Should we marry first or apply for the fiancé visa?

Whether to marry first or apply for the fiancé visa depends on where the applicant lives, how soon the couple wants to marry and where the wedding will take place. Marrying overseas first allows a single Subclass 309/100 application, while the fiancé route lets the wedding happen in Australia with family present. Each route has different costs, timing and evidence needs, and neither is right for every couple. Our guide to the offshore partner visa and our article on choosing a partner visa pathway explain the trade-offs.

How does My Migration Lawyers advise engaged couples on the right visa?

My Migration Lawyers advises engaged couples by testing their relationship against each option, the de facto rules, the fiancé visa and marrying first, before they commit to a wedding date or a visa charge. The firm looks at where the applicant is, the applicant's current visa and the evidence the couple already has, then recommends the path with the fewest risks. Engaged couples can speak with our partner visa lawyers about which visa suits them.