Eunoia 0 Report post Posted December 2 Hello, me and my fiance are planning to get married by the second half of 2020 and I was wondering if I can process my subclass 309 visa even if we're not yet married. Quote Share this post Link to post Share on other sites
Aussie_83 1,039 Report post Posted December 2 3 hours ago, Eunoia said: Hello, me and my fiance are planning to get married by the second half of 2020 and I was wondering if I can process my subclass 309 visa even if we're not yet married. So long as you meet the requirements yes. Being married is not a requirement for the 309/100. However it is a "at time of application" visa meaning you have to meet the requirements when you apply Quote Share this post Link to post Share on other sites
AFV 169 Report post Posted December 3 11 hours ago, Eunoia said: Hello, me and my fiance are planning to get married by the second half of 2020 and I was wondering if I can process my subclass 309 visa even if we're not yet married. Partner visas have criteria that must be satisfied at both time of application and time of decision. With regards to time of application, amongst other criteria, the applicant and sponsor must either be legally married (and meet the definition of spouse as provided for in the Migration regulations), or in a de-facto relationship. The requirement for de-facto is also found in the Migration Regulations. Quote Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances. Share this post Link to post Share on other sites
Eunoia 0 Report post Posted December 3 5 hours ago, AFV said: Partner visas have criteria that must be satisfied at both time of application and time of decision. With regards to time of application, amongst other criteria, the applicant and sponsor must either be legally married (and meet the definition of spouse as provided for in the Migration regulations), or in a de-facto relationship. The requirement for de-facto is also found in the Migration Regulations. We need to be legally married first before I can start processing my 309/100 visa? I can't start processing it a few months before our marriage? Quote Share this post Link to post Share on other sites
Aussie_83 1,039 Report post Posted December 3 2 hours ago, Eunoia said: We need to be legally married first before I can start processing my 309/100 visa? I can't start processing it a few months before our marriage? We've already answered that. It would help to have done context. Just being married isn't enough to get a visa. How long have you and your partner been together? Quote Share this post Link to post Share on other sites
Eunoia 0 Report post Posted December 3 5 hours ago, Aussie_83 said: We've already answered that. It would help to have done context. Just being married isn't enough to get a visa. How long have you and your partner been together? We've been in a relationship for 1 year and 4 months and he came here for vacation twice this year Quote Share this post Link to post Share on other sites
AFV 169 Report post Posted December 4 17 hours ago, Eunoia said: We need to be legally married first before I can start processing my 309/100 visa? I can't start processing it a few months before our marriage? I answered your question already. Perhaps I am not understanding what you mean by 'processing'. If you mean can you start preparing your application now, then of course you can. However when you submit your application to the Department, you must meet the at time of application criteria. 9 hours ago, Eunoia said: We've been in a relationship for 1 year and 4 months and he came here for vacation twice this year As above you must meet the criteria at time of application. Quote Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances. Share this post Link to post Share on other sites
