Our Fiancé Visa Was Refused but We Have Married. Review or Spouse Visa?

Does marrying after a fiancé visa refusal change our options?

Marrying after a fiancé visa refusal changes the options, because the couple can now apply as spouses rather than as fiancés. A spouse application is assessed on whether the marriage is valid and the relationship genuine and continuing, not on an intention to marry. The refusal still matters, because the reasons for it may raise questions in the new application. Our page on the Subclass 300 visa explains how the fiancé visa works.

When does review of the Subclass 300 refusal make sense?

Review of the Subclass 300 refusal may make sense where the refusal rests on findings that the couple wants to correct on the record, such as a finding that the relationship was not genuine, or where the couple wants to keep the original application alive. The Tribunal assesses the criteria for the visa that was refused, so the couple's marriage must be considered against those criteria. Advice on how the Tribunal is likely to treat the marriage is essential before relying on review alone.

When is a new spouse visa application the better path?

A new spouse visa application is often the better path where the refusal turned on an issue the marriage itself resolves, such as uncertainty about wedding plans, and where no serious adverse findings were made. For an applicant outside Australia, the new application is a Subclass 309/100, lodged online, with the Australian partner as sponsor. Our page on the Subclass 309 visa explains the offshore spouse path, and our article on appeal versus reapplication compares the two routes.

What must a new spouse application address after a fiancé refusal?

A new spouse application after a fiancé refusal must address the earlier findings directly, disclose the refusal and show how the relationship has continued and deepened since. Evidence of the wedding, the marriage certificate, how the couple shares life and their plans to live together carry weight. Where the earlier decision raised false information concerns, the risk under PIC 4020 must be assessed first. Our article on the partner visa after a visa refusal explains what decision makers look for.

Does the overseas marriage need to be recognised in Australia?

An overseas marriage must be valid where it took place and recognised under Australian law to support a spouse visa. Most marriages that are legally registered overseas are recognised, but proxy, customary or unregistered religious ceremonies can raise problems. Our article on an overseas marriage not recognised explains when this happens and what the couple can do.

How does My Migration Lawyers decide between review and a spouse visa after a fiancé refusal?

My Migration Lawyers decides between review and a spouse visa after a fiancé refusal by testing the refusal reasons against the couple's new circumstances, checking whether any finding could follow them into a new application and weighing the time, cost and risk of each path. The firm gives the Australian sponsor a clear recommendation and, where both paths are pursued, plans the order carefully. Sponsors can speak with our partner visa lawyers about their situation.