Navigating the visa application process can be challenging, especially when life plans changes. One common scenario for couples applying for the Subclass 300 (Prospective Marriage) visa is what happens if they marry before the visa is granted. While it might seem like a positive development, it could impact the visa process in ways that many couples may not expect. If you find yourself in this situation, here’s what you need to know.
What Happens if You Get Married Before Your Subclass 300 Visa is Granted?
The Subclass 300 visa is designed for individuals intending to marry their Australian partner within a certain time frame after the visa is granted. However, life can sometimes move faster than expected, and some couples may decide to marry before the visa is finalized. In this case, the original criteria for the Subclass 300 visa can no longer be satisfied because the visa is intended for couples who are engaged to be married, not already married.
But don’t panic — there’s an alternative pathway to ensure your migration journey continues smoothly.
The Switch to Subclass 309/100 Visas
Once you have married, the Subclass 300 visa criteria cannot be met. However, you will automatically be considered for Subclass 309 (Partner Provisional) and Subclass 100 (Partner) visas, which are designed for couples who are already married. The great news is that you won’t need to lodge a new application or pay another visa application charge (VAC). The fee you paid for the Subclass 300 visa will be applied to the Subclass 309 and 100 visas.
In this scenario, the Department of Home Affairs must be informed of your change in circumstances. It’s crucial that you notify them about your marriage, as you are required to do so by law. From there, your visa process transitions to the Subclass 309/100 pathway, which focuses on permanent residency for married couples.
Key Steps to Take After Marriage
If you decide to marry before your Subclass 300 visa is granted, here’s what you should do:
- Notify the Department: Inform the Department of Home Affairs as soon as possible about your marriage. This is a legal obligation, and it triggers the switch from a Subclass 300 visa to Subclass 309 and Subclass 100 visas.
- Submit a Withdrawal for Subclass 300: To avoid the Subclass 300 visa being refused, it’s recommended to withdraw the application in writing. While a refusal doesn’t affect the processing of your Subclass 309/100 visas, withdrawing the application keeps everything smoother and simpler.
- Continue Providing Supporting Evidence: The process for a Subclass 309/100 visa still requires evidence of your relationship. Make sure to keep submitting any requested documents to prove your ongoing relationship, such as joint finances, living arrangements, or shared responsibilities.
Example: A Couple’s Journey
To make this more understandable, let’s look at an example. Sarah and John applied for the Subclass 300 visa with the intention of getting married in Australia. However, due to personal reasons, they decided to get married overseas before the visa was granted.
After notifying the Department of Home Affairs of their marriage, Sarah’s Subclass 300 visa application no longer met the criteria. But instead of starting the process from scratch, their case was automatically transitioned to Subclass 309 and Subclass 100 visas. They didn’t need to pay an additional application fee, and they promptly withdrew the Subclass 300 application. Now, Sarah is on track through the Partner visa process.
How We Can Help
The visa application process can take unexpected turns, but with the right guidance, these changes can be managed smoothly. If you’re facing this situation, it’s crucial to know your options and act quickly. Our team of migration professionals is here to assist you through every step of the process, ensuring that your application continues without unnecessary delays.
Need help with your prospective marriage or partner visa journey, Contact EMC Australia today for personalized advice and support.
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