Who Can Help With a Marriage Visa in Australia?

What is a marriage visa in Australia?

A marriage visa in Australia is the everyday term for a partner visa based on marriage, or for the Subclass 300 prospective marriage visa that allows an engaged partner to come to Australia to marry. Married applicants in Australia generally apply for the Subclass 820 and Subclass 801, and married applicants overseas for the Subclass 309 and Subclass 100. Our partner visa requirements article explains the criteria common to all of them.

Which marriage visa should we apply for?

The marriage visa a couple should apply for depends on whether they are already married, where the applicant is and which visa the applicant holds. An engaged couple with the applicant overseas may use the Subclass 300. A married applicant overseas uses the Subclass 309. A married applicant in Australia may use the Subclass 820 if condition 8503 and Schedule 3 do not prevent it. Our page on the Subclass 300 visa explains the fiancé route, and our article on onshore partner visas explains the onshore route.

What problems can a lawyer find in a marriage visa before lodging?

A lawyer can find problems in a marriage visa before lodging, such as an overseas marriage that may not be recognised, an earlier marriage that was never formally ended, a sponsor affected by the limits in regulation 1.20J, or a visa condition that blocks an onshore application. These issues are far easier to deal with before the visa charge is paid. Our articles on an unrecognised overseas marriage and partner visa sponsorship limitations explain two of them.

How do I judge a lawyer for a marriage visa?

A lawyer for a marriage visa can be judged by whether they hold a current practising certificate, focus on migration law, set out a clear fixed scope and fee before work starts, and can explain how they handle refusals, invalid applications and complex visa histories. Prompt and clear communication matters because Department requests carry short deadlines. Our article on choosing Australian migration lawyers lists questions to ask.

What evidence does a marriage visa need beyond the wedding?

A marriage visa needs evidence beyond the wedding showing a genuine and continuing relationship across the financial aspects, the nature of the household, the social aspects and the nature of the commitment. One relationship statement and Form 888 statements from people who know the couple support the documents. Our article on partner visa relationship evidence explains what to collect. Engaged couples applying for the Subclass 300 also need evidence that they have met in person and intend to marry within the visa period.

How does My Migration Lawyers handle marriage visas from start to finish?

My Migration Lawyers handles marriage visas from the first assessment of the marriage and the visa options through to the decision, including the move from a Subclass 300 to the Subclass 820 after the wedding. The firm works from its Sydney office by video and email with couples across Australia and overseas, and Principal Lawyer Weiwei Zhang can consult in Mandarin. Work is done on a fixed fee agreed before it starts. Couples can read about the firm on our about page and speak with our partner visa lawyers.