Can We Marry Before the Prospective Marriage Visa Is Granted?

Why does marrying early cause a problem for the Subclass 300?

Marrying early causes a problem for the Subclass 300 because the visa is designed for a couple who will marry after grant, within the visa period. Once the couple is already married, the applicant is a spouse rather than a prospective spouse, and the criteria for the fiancé visa may no longer be met. The problem is not the marriage itself, which is often a positive step for the relationship, but the mismatch between the marriage and the visa that was applied for. Our page on the Subclass 300 visa explains the intention to marry requirement.

Do we have to tell the Department if we marry during processing?

A couple who marries while the Subclass 300 is being processed must tell the Department, because applicants are required to notify changes in their circumstances while an application is pending. Failing to disclose the marriage and later relying on the fiancé visa could raise concerns about false or misleading information under PIC 4020. Our articles on Form 1022 change of circumstances and PIC 4020 for partner visas explain both issues.

What visa should a married couple apply for instead?

A married couple whose applicant is outside Australia should generally apply for the Subclass 309/100 partner visa, which is designed for spouses and de facto partners. The marriage must be valid and recognised under Australian law, and the couple must show a genuine and continuing relationship. Our page on the Subclass 309 visa and our guide to the offshore partner visa explain that application.

What happens to the Subclass 300 application charge?

The Subclass 300 application charge is generally not refunded if the couple marries and the application is withdrawn or refused, because refunds are available only in limited circumstances set out in the Migration Regulations. That loss is one of the reasons to plan the wedding date carefully before lodging, and to take advice before marrying rather than afterwards, when the choice of visa can still be made with the full cost in view. Our guide to partner visa cost explains the government charges involved in each path.

Is an overseas marriage recognised for the partner visa?

An overseas marriage is recognised for the partner visa if it was valid where it took place and is not a marriage that Australian law refuses to recognise, such as a marriage where one party was already married or did not freely consent. Religious or customary ceremonies that were not registered can cause difficulty. Our article on an overseas marriage that is not recognised explains the common problems.

How does My Migration Lawyers help couples who married before the fiancé visa was granted?

My Migration Lawyers helps couples who married before the fiancé visa was granted by confirming that the marriage is recognised in Australia, notifying the Department properly and advising whether to withdraw the Subclass 300 and lodge a Subclass 309/100 or take another step. The firm then prepares the new application with the marriage certificate and the evidence already gathered. Couples can speak with our partner visa lawyers before or soon after the wedding.