HomeAustralian Visa & ImmigrationWhat occurs when a pair marry earlier than a Potential Marriage (Subclass...

What occurs when a pair marry earlier than a Potential Marriage (Subclass 300) visa is granted?

prospective marriage visa

In brief, the Potential Marriage visa (PMV) is for abroad nationals searching for entry to Australia:

  1. to marry, after their first entry to Australia and throughout the PMV interval, their sponsor who’s an Australian citizen, Australian everlasting resident or eligible New Zealand citizen; and
  2. with the intention to stay collectively as spouses.

The PMV permits the visa holder to journey to, enter and stay in Australia for a interval of between 9 and 15 months from the date of visa grant. After marrying their sponsor (and whereas the PMV continues to be in impact), the visa holder can proceed with an utility for an onshore Associate (Subclass 820/801) visa.

What occurs if a pair marry earlier than the PMV is granted?

At time of utility, one requirement is that the PMV applicant should reveal their “intention to marry” an Australian citizen, everlasting resident, or eligible New Zealand citizen.

At time of determination, the PMV applicant should proceed to fulfill this. Nevertheless, circumstances might come up wherein a pair’s plans change, and so they marry after the PMV is lodged however earlier than a choice. Consequently, the PMV necessities can not be met.

Nonetheless, as soon as the couple have notified the Division of Dwelling Affairs of their marriage (as could be required of them below s 104 of the Migration Act), and offered the wedding certificates, they’re taken to have utilized for the offshore Associate (Subclass 309/100) visa. The “date of utility” is the date the Division had been notified of the wedding.

You will need to notice that these preparations don’t prolong to the onshore Associate (Subclass 820/801) visa. In different phrases, even when the couple turned married and notify the Division whereas the applicant is in Australia, they’re nonetheless taken to have utilized for the offshore Associate visa. The primary impact of that is that the applicant won’t be issued with a Bridging Visa to stay in Australia for the rest of processing.

When the Division is notified, no further visa utility cost is payable – the quantity paid for the PMV is taken to be the fee for the Associate visa.

For completeness, as soon as the Associate visa utility is acknowledged, the PMV ought to be withdrawn to keep away from it from being refused.

What proof is required for a profitable Associate visa?

The evidentiary threshold for the grant of a Associate visa is usually greater than that required for the grant of a PMV.

To fulfill relationship-related necessities, PMV candidates and sponsors merely must show that they intend to be married, have met in particular person, and that they’re identified to one another personally.

However, Associate visa candidates and sponsors must reveal the diploma to which they:

  1. Share a family;
  2. Share their funds;
  3. Current socially as a pair; and
  4. Have a long-term dedication.

A helpful doc guidelines for these visas is right here.

As such, merely changing into married and offering the certificates will not be essentially ample for the grant of a Associate visa. If a pair are contemplating to “convert” a pending PMV into an offshore Associate visa, they might be strongly inspired to make sure they’ve ample proof of their relationship to fulfill the completely different set of necessities.

Any questions?

Figuring out the suitable visa for Australian companions may be aggravating, largely as a result of prolonged processing instances and excessive prices concerned. Having a dialogue early on can guarantee an applicable technique is chosen, and take away sudden penalties in a while. In the event you require help or have any queries, our skilled group can assist. Contact us by e-mail at [email protected] or by cellphone at +61 3 9016 0484.

This doc doesn’t represent authorized recommendation or create an attorney-client relationship. Please seek the advice of an immigration skilled for updated data.



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