Can I Visit My Fiancé in Australia While My 300 Visa Is Processed?

Does a pending Subclass 300 application let me travel to Australia?

A pending Subclass 300 application does not let the applicant travel to Australia, because an application gives no right of entry and no bridging visa is available for an offshore application. To visit during processing, the applicant needs a separate visa, usually a visitor visa. Our page on the Subclass 300 visa explains how the application is processed while the applicant waits overseas.

Will a visitor visa be granted while my fiancé visa is processing?

A visitor visa may be granted while a fiancé visa is processing, but the Department will consider whether the applicant genuinely intends only a temporary visit. A pending application to migrate can make that harder to show, so the applicant should provide evidence of ties overseas, a clear return date and the purpose of the visit. A visitor visa refusal does not decide the Subclass 300, but it must be disclosed later where asked, and the reasons for it should be read carefully before any new application.

Could a visitor visa carry condition 8503 No Further Stay?

A visitor visa granted to a fiancé visa applicant could carry condition 8503 No Further Stay, which stops the holder from applying for most other visas while in Australia. This matters if the couple decides to marry during the visit and apply for the Subclass 820 in Australia, because a waiver would be needed first. Our articles on partner visa No Further Stay and the condition 8503 waiver explain the waiver test.

What happens if the Subclass 300 is ready to grant while I am in Australia?

If the Subclass 300 is ready to grant while the applicant is in Australia, the Department generally cannot grant it until the applicant leaves, and it may ask the applicant to depart so the decision can be made. The applicant should keep the Department informed of travel and respond to any contact quickly. Our article on partner visa overseas travel explains the same location rule as it applies to the offshore partner visa.

Can visits during processing help our relationship evidence?

Visits during processing can help the relationship evidence, because time spent together, shared travel and meeting each other's family all show a continuing relationship and a real intention to marry. Boarding passes, photographs and accommodation records from the visit can be uploaded to the application. Our guide to partner visa relationship evidence explains how to present that material, and our article on the partner visa long-distance relationship shows how time apart is explained.

How does My Migration Lawyers advise on visits during a fiancé visa application?

My Migration Lawyers advises couples on a visit during a fiancé visa application by weighing the risk of a visitor visa refusal or condition 8503 against the value of time together, and by checking how close the Subclass 300 may be to a decision. Where a visit goes ahead, the firm keeps the Department informed and adds the new evidence to the application. Couples can speak with our partner visa lawyers before the applicant books travel.