Can I Work on a Prospective Marriage Visa?

What work rights does the Subclass 300 give?

The Subclass 300 gives the holder the right to work in Australia during the visa period, in any job and for any number of hours. There is no requirement to work for a particular employer or in a particular occupation. Employers can confirm the holder's work rights through the government's online visa checking service. Our page on the Subclass 300 visa explains the rights and obligations attached to the visa.

Do I need a job or income for the prospective marriage visa?

A job or income is not a requirement for the prospective marriage visa, and the sponsor also does not need to meet a minimum income. What the Department assesses is whether the couple has met in person, knows each other personally, genuinely intends to marry within the visa period and intends to live together as spouses. Work in Australia can still help, because shared finances become part of the evidence for the next stage. Our article on partner visa financial evidence explains how finances are shown.

Can I keep working after we marry and apply for the Subclass 820?

Work can usually continue after the couple marries and applies for the Subclass 820, because the Subclass 300 stays in effect until it ends and a bridging visa linked to the partner application then comes into effect. The holder should check the conditions on the bridging visa grant notice. Our article on partner visa bridging visa work rights explains what usually applies during processing.

What happens to my work rights if we do not marry in time?

If the couple does not marry within the visa period, the Subclass 300 ends and the work rights end with it, unless the holder has already been granted another visa that allows work. Working after the visa ends without another visa would be unlawful work, which can create serious problems for any later application. Our article on unlawful work and the partner visa explains the consequences.

Does working long hours apart affect the partner visa?

Working long hours does not affect the partner visa where the couple still shares a life, but jobs that keep the couple in different cities for long periods may need explaining. The Department looks at whether the couple lives together or does not live apart on a permanent basis. Our article on living apart for work on a partner visa explains how work-related separation is evidenced.

How does My Migration Lawyers help fiancé visa holders protect their work rights?

My Migration Lawyers protects a fiancé visa holder's work rights by making sure the Subclass 820/801 application is lodged after the wedding and well before the Subclass 300 ends, so the holder moves onto a bridging visa without a gap. The firm also uses payslips, shared accounts and household bills from the holder's work in Australia as evidence for the partner visa. Couples can speak with our partner visa lawyers about the timing, and read about the Subclass 820 visa that follows the wedding.