Is There a Partner Visa Lawyer on the Sunshine Coast?
Key points
- The Subclass 300 prospective marriage visa is applied for, and generally granted, while the applicant is outside Australia.
- The couple must have met in person and must genuinely intend to marry and live together as spouses.
- The couple must marry within the visa period of the Subclass 300.
- After marrying, the Subclass 300 holder applies in Australia for the Subclass 820 and Subclass 801 partner visas.
Can a Sunshine Coast sponsor engage a partner visa lawyer in Sydney?
A Sunshine Coast sponsor can engage a partner visa lawyer in Sydney, because My Migration Lawyers deals with sponsors and their overseas partners by video consultation and email. The sponsor can attend from home while the partner joins from overseas, and all documents are shared electronically. Our partner visa lawyers page explains the firm's work at each stage.
Should we apply for a prospective marriage visa or marry first?
Whether a Sunshine Coast couple should apply for a prospective marriage visa or marry first depends on where they want to marry, how soon they can marry and whether the overseas partner needs to be in Australia for the wedding. The Subclass 300 allows the partner to come to Australia to marry, while marrying overseas first allows an application for the offshore Subclass 309/100 partner visa. Our article on partner visa Australia: which pathway compares the fiancé route with marrying first.
What are the requirements for the Subclass 300?
The requirements for the Subclass 300 include an eligible Australian sponsor, a genuine intention to marry and live together as spouses, having met in person as adults, and being free to marry under Australian law. The applicant must also meet health and character requirements. Our page on the Subclass 300 visa sets out each requirement in detail.
What evidence shows an intention to marry?
Evidence that shows an intention to marry includes a notice of intended marriage, correspondence with a celebrant or venue, wedding plans, and proof of the relationship itself, such as messages, visits and photographs. Evidence that both partners are free to marry, such as divorce documents for any earlier marriage, is essential. Documents in another language must be translated. Our article on partner visa evidence translation explains what is needed.
What happens after the wedding?
After the wedding, the Subclass 300 holder applies in Australia for the Subclass 820 and Subclass 801 partner visas. The application needs evidence of the marriage and of the relationship since the Subclass 300 was granted. The marriage must be valid under Australian law, and the application should be lodged while the Subclass 300 is still in effect. If the couple separates before marrying, the position changes and advice should be obtained. Our article on the onshore partner visa explains the next stage.
What if the Subclass 300 is refused?
If a Subclass 300 is refused, the decision can usually be reviewed by the Administrative Review Tribunal. The refusal letter states who may apply for review and the deadline, which is short and strictly applied. A new application can sometimes be the better path, particularly where the refusal turned on evidence that can now be provided. Our article on why partner visas get refused explains common reasons for refusal.
How does My Migration Lawyers guide Sunshine Coast couples through the prospective marriage visa?
My Migration Lawyers guides Sunshine Coast couples through the prospective marriage visa by first confirming that both partners are free to marry and that the chosen pathway suits their wedding plans. The firm then prepares the Subclass 300 application and evidence of the intention to marry, explains how the wedding date fits within the visa period and stays involved after the wedding to lodge the Subclass 820 application on time. Both stages are quoted as fixed fees before the firm starts.
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