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The Importance of providing comprehensive evidence in a Prospective Marriage Visa Application

In the current immigration climate, visa applications are being more heavily scrutinised. A forensically sound application and attention to detail is essential to ensure best outcomes for clients. 

Immigration Solutions Lawyers have expertise in both onshore and offshore Australian visa applications. The Prospective Marriage (subclass 300) visa, is an application that must occur offshore and is designed to allow visa holders to come to Australia to marry their prospective spouse. This provides a pathway to apply for an onshore Temporary Partner (subclass 820) Visa and, in turn be eligible for the Permanent Partner (subclass 801) visa.

In this case, the client engaged Immigration Solutions Lawyers to assist in the application of the Prospective Marriage visa. The sponsor had met the applicant during her travels in India and they kept in regular contact when apart and spent time on holidays together in India and Bali over a two year period. The applicant had applied for two tourist visas for Australia, to spend time with the sponsor in Australia, however was refused on both occasions.

To qualify for a Prospective Marriage Visa, the applicant must be able to demonstrate that the applicant and prospective spouse have met in person and know each other personally. They must genuinely intend to marry within the visa period and live together as spouses. Immigration Solutions Lawyers was able to collate forensic evidence including evidence of joint travel, photos, statutory declarations and evidence of their intention to marry that warranted the Department of Immigration and Border Protection granting the applicant the Prospective Marriage (subclass 300) visa.

Upon grant of a Prospective Marriage visa, the visa holder must enter Australia before a date specified by the Minster, marry their prospective spouse and then apply for a Temporary Partner (subclass 820) visa within 9 months. Once they have successfully obtained a temporary partner visa, the application will be eligible for a permanent partner (subclass 801) visa after two years.

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