Petition – Automatic exemption to Prospective Marriage Visa holders

Petition EN2771 – Automatic exemption to Prospective Marriage Visa holders

This is a petition that has been put forward to the Australian government to give all subclass 300 visa holders automatic entry to Australia, during the COVID travel restriction period, irrespective of length of relationship of the couple.

Currently, the rules are that subclass 309 visa holders, having proven a long enough relationship to be classed as married or de facto partners, are permitted to enter Australia, without needing to apply for a travel ban exemption, based on compassionate or compelling circumstances.

The rules for a subclass 300 visa, where an applicant can get the visa even though some of these couples have maybe only met once, for a short time, must apply for an exemption to the travel ban. This exemption is only given to those who are able to prove similar relationship situations to a 309 visa holder.

The problem that I see with this petition is the wording of the request:

1: Petition Reason
The wording of the petition reason is not totally clear, but includes these points: (I have shown possible examples of responses in red alongside these points.)

Legislation states that subclass 300 visa holders cannot satisfy the definition of immediate family members to come to Australia. (Correct, a subclass 309 visa does, and that permits entry. A subclass 300 holder who can satisfy that requirement can be granted a travel ban exemption.)

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Exemption to travel is nearly impossible to obtain. (But is possible, and does happen, based on compassionate or compelling circumstances.)

More people will be encouraged to apply for subclass 300 visa. (The intention of the restrictions is to reduce the numbers entering Australia, not encourage more.)

Australian sponsors will stay in the country, paying taxes, keep working and being generally safe from COVID19 (as international travel is not safe). (Australian sponsors are not permitted to leave at present due to COVID restrictions.)

2: Petition Request
We therefore ask the House to consider automatic exemption for Prospective Marriage Visa (subclass 300) holders.

• The government can easily respond by saying that an automatic exemption for Prospective Marriage Visa (subclass 300) holders will permit entry for those who have only spent a week or so together, and may not know each other very well.   That is not what is wanted.  Travel ban exemptions are in place to permit reunification with genuine partners, without opening up an automatic entry ability to those who have only spent one week together, and who have not passed the same requirements as the subclass 309 visa holder.

The Petition is at: www.aph.gov.au/e-petitions/petition/EN2771

As at 17 June 2021 this petition has had 5 signatures and expires on 14 July 2021.

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