Getting Married before 309 Partner Visa is Granted


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What happens if you get Married before 309 is granted?.

Some defacto couples have applied for the subclass 309 Partner Visa and then decided to get married while waiting for the visa grant.

A question sometimes asked is will that affect the processing of the 309 visa.

Some have seen that getting married while waiting for the subclass 300 Prospective Marriage Visa means a substantial change, with the application switched to the 309, and the 300 being withdrawn.

However, the 309 covers defacto and married couples and does not need a change of visa on marriage.

It is something that needs to be updated in the application, as getting married would be a change in circumstances, but this should be a positive effect.

It is basically an opportunity to provide more evidence of your relationship, ie: marriage certificate.


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Often an update during the visa processing can actually speed up a visa grant.

IMPORTANT NOTE

A subclass 300 Prospective Marriage Visa applicant that gets married before the 300 is granted, MUST withdraw the subclass 300 application when they transfer to the subclass 309.

I just read a case where a couple married in October 2019, but never withdrew the 300 application. 16 months later, they received a request to complete the form 1446, to withdraw the 300, so that the subclass 309 can be looked at.

Under normal circumstances that could have been a substantial unnecessary delay to the visa processing.

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2 thoughts on “Getting Married before 309 Partner Visa is Granted”

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  1. If you feel like sending $5 to buy me a cup of coffee, please click the donate button.
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    1. Nothing specific for Kenya recently.

      But last year the the median processing time was 382 days. But 10% took over 514 days.

      When did you apply, and did you front load everything required?

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