What Evidence Helps After a Refusal Over Our Intention to Marry?
Key points
- The Subclass 300 requires a genuine intention to marry the sponsor within the visa period and to live together as spouses.
- The couple must have met in person as adults and be known to each other personally.
- Once granted, the Subclass 300 requires the couple to marry within the visa period, which is nine months from grant.
Why would the Department doubt our intention to marry?
The Department may doubt a couple's intention to marry when the wedding plans appear vague, the date keeps changing, the couple has spent little time together in person, or the evidence of the relationship is thin. Inconsistent answers about how the couple met or why they decided to marry can also raise doubt. Our page on the Subclass 300 visa explains the criteria that apply.
What wedding evidence shows a genuine intention to marry?
Wedding evidence that shows a genuine intention to marry includes a Notice of Intended Marriage lodged with an authorised celebrant in Australia, bookings and deposits for a venue or celebrant, correspondence about the wedding with family, and invitations or guest lists. Specific plans that match the visa period are more persuasive than general statements. The plans should also be realistic for the couple's circumstances. A small ceremony that fits the couple's budget and culture is just as persuasive as a large one, provided the steps already taken are documented. Where the wedding date has changed, the reason for the change should be explained and supported with correspondence.
What relationship evidence helps after a fiancé visa refusal?
Relationship evidence that helps after a fiancé visa refusal shows how the relationship began and developed, including time spent together in person, travel records, regular communication, financial support and the involvement of each other's families. A detailed relationship statement and Form 888 statements from people who know the couple help explain the history. Our article on preparing evidence of a genuine relationship explains how to build this record, and our article on cultural differences explains how arranged or family-introduced relationships are presented.
How do we show we intend to live together as spouses?
A couple shows they intend to live together as spouses through evidence of practical plans, such as where they will live in Australia, how they will share costs, any steps taken to prepare a home and discussions about work and family. A statement from each partner that describes these plans in their own words is useful. Our article on future plans evidence explains what decision makers look for.
Should we seek review or lodge a new application?
Whether to seek review or lodge a new application depends on the refusal reasons, the strength of the new evidence and whether the couple has since married. Review allows the Tribunal to consider the new evidence against the Subclass 300 criteria. A couple who has married may instead apply for a spouse visa. Our article on appeal versus reapplication compares the two paths.
How does My Migration Lawyers build evidence of an intention to marry?
My Migration Lawyers builds evidence of an intention to marry by reading the refusal for each doubt about the wedding and the relationship, then working with the Australian sponsor and the applicant to document the plans, history and future arrangements that answer those doubts. The firm checks that every statement matches the documents and presents the case clearly at the Tribunal or in a new application. Sponsors can read more about the firm's work on partner visa refusals or speak with our partner visa lawyers.
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