Why Are Prospective Marriage Visas Refused?

Why is a genuine intention to marry so important for a Subclass 300?

A genuine intention to marry is important for a Subclass 300 because it is the central criterion of the visa, and the Department must be satisfied the couple intend to marry within the visa period and then live together. Evidence of wedding plans, such as a booked celebrant, a lodged Notice of Intended Marriage, a venue booking and communication between the families, helps show that intention. Vague or contradictory plans are a common refusal reason. Our page on the Subclass 300 visa explains these requirements.

Can a prospective marriage visa be refused if we have not met in person?

A prospective marriage visa can be refused if the couple have not met in person, because the law requires them to have met and to know each other personally. Meeting only online is not enough. Evidence of the meeting, such as travel records, photographs together and boarding passes, should be provided. Our article on a partner visa when you met online explains how couples who met online show a genuine relationship.

Can the marriage itself be a problem for a Subclass 300?

The intended marriage can be a problem for a Subclass 300 if it would not be valid under Australian law. A marriage is not valid if either person is still married to someone else, if they are too closely related, or if either person is under the marriageable age without a court order. A previous marriage must be formally ended before the new marriage can occur. Our article on a partner visa while still married explains how earlier marriages affect applications.

What sponsor issues lead to prospective marriage visa refusals?

Sponsor issues that lead to prospective marriage visa refusals include the sponsorship limits in regulation 1.20J, a sponsor's criminal history involving relevant offences, and failure to provide police checks when asked. Where a child is included, child protection limits on sponsors also apply. Our article on partner visa sponsorship limitations explains the rules and the waiver for compelling circumstances.

What other mistakes lead to Subclass 300 refusals?

Other mistakes that lead to Subclass 300 refusals include lodging while the applicant is in Australia, inconsistent information across earlier visa applications, missing police certificates or health examinations, and not responding to a request from the Department in time. False information or documents can lead to refusal under PIC 4020. Our article on partner visa refusal reasons explains the common grounds that apply across partner visas.

What can a couple do after a prospective marriage visa refusal?

A couple can usually seek review of a prospective marriage visa refusal at the Administrative Review Tribunal, within a short time limit that is strictly applied. Couples who have married since the refusal may instead be able to apply for a spouse visa, which changes the legal test entirely. Our article on partner visa appeal versus reapplication explains how to choose.

How does My Migration Lawyers help couples with a Subclass 300 refusal risk?

My Migration Lawyers reviews the couple's meeting history, wedding plans and the sponsor's eligibility before lodgement, so the points that most often cause refusal are dealt with in the application itself. After a refusal, the firm advises whether Tribunal review or a new spouse visa application is the better path for the couple's circumstances. Couples can read about our partner visa refusals work.