Date of Prospective Marriage Visa Case

September 2024

Case Type

Expedited Subclass 300 – Prospective Marriage Visa. The Applicant was unlawfully residing in Pakistan at times, with periods of lawful status. He became engaged to the sponsor, without an in-person engagement ceremony – their parents had agreed to the engagement over a video call.

Case Background/Difficulty

The Applicant and his sponsor (fiancé) got engaged while not physically together, they had met multiple times before the engagement and maintained constant communication. Further,  the Applicant left Afghanistan and lived in Pakistan for nearly two years, during which he had periods of both lawful and unlawful stay. Following the Taliban’s takeover of Afghanistan, there was a significant surge in visa applications, with many applicants requesting expedited processing due to the high-risk situation. While the Department of Home Affairs acknowledged the urgency, it could only expedite applications that stood out from the general pool, as many applicants faced similar circumstances.

Case Strategy

We provided a detailed submission  alongside a psychologist report detailing how their relationship came about and how their relationship was genuine which warranted expedited processing. We further explored the sponsor’s mental health issues and submitted the possible consequence if the applicant did not join her in Australia as soon as possible. We highlighted how the applicant and sponsor would face danger if they returned back to Afghanistan and set out their profile clearly for the Department to recognise why the case is significantly different to the general applicant pool. In our submission we highlighted that the unlawful stays in Pakistan were unintended and only because of the political situation and danger faced in Afghanistan. Further, we instructed the client to gather all evidence of their relationship showing continuous contact since their engagement, which also demonstrated their willingness to be in the relationship. They further obtained, evidence showing family support.

Case Outcome

The published processing time for the Subclass 300 visa was 26 months and we were able to get the applicant a visa grant within 10 months. The applicant is currently arranging his travel to Australia and are eager for their reunion.