Can a Lawyer Help With a Prospective Marriage Visa Refusal?

Why are prospective marriage visas refused?

Prospective marriage visas are most often refused because the Department is not satisfied the couple genuinely intend to marry and live together, because there is not enough evidence that they have met in person, or because the planned marriage would not be valid under Australian law. Sponsorship limits and character issues can also lead to refusal. Our page on the Subclass 300 visa explains the requirements.

What does a lawyer check in a Subclass 300 refusal?

A lawyer checks each finding in a Subclass 300 refusal against the evidence that was given, looking for findings that overlooked documents, misread the history or relied on information the couple were never asked about. The lawyer also checks the review rights, who must apply and the deadline stated in the letter. Our guide to the partner visa refusal letter explains how to read refusal reasons.

What evidence answers doubts about our intention to marry?

The evidence that answers doubts about an intention to marry includes a booked celebrant or venue, a Notice of Intended Marriage, wedding plans shared with families, engagement events and consistent statements from both partners. Evidence of an ongoing relationship, such as regular contact and visits, supports it. Where cultural or religious customs shape the wedding, an explanation of those customs helps the decision-maker understand the plans. Our article on partner visa future plans explains how plans are evidenced.

Should we review or lodge a new application after a fiancé visa refusal?

Whether to review or lodge a new application after a fiancé visa refusal depends on the reasons and on events since. Where the refusal turned on missing evidence, review can allow new evidence to be considered. Where the couple has married overseas, a Subclass 309 spouse application may be more direct. Our article on appeal versus reapplication explains the trade-offs.

What if the refusal was about meeting in person?

Where the refusal was about meeting in person, the couple needs clear proof that they have met in person, such as passport stamps, travel bookings, photographs together with dates and accommodation records. A relationship conducted only online does not meet the requirement. Our article on a partner visa when you met online explains how online relationships are presented.

Does the refusal affect a later partner visa?

A Subclass 300 refusal can affect a later partner visa only if its reasons remain unanswered, because the Department will read the earlier decision when assessing the new one. The new application must address the earlier findings and be consistent with what was said before. Our article on reapplying after a refusal explains how to prepare.

How does My Migration Lawyers work on a refused fiancé visa?

My Migration Lawyers works on a refused fiancé visa by mapping the couple's meetings, contact and wedding plans against each finding in the refusal, then advising whether review, a fresh Subclass 300 or a spouse visa after marriage gives the clearest path. The firm prepares the evidence and statements for whichever route is chosen and works with the Australian sponsor throughout. Couples can speak with our partner visa lawyers.