Petition – Travel Exemption for Prospective Marriage Visa (subclass 300)

Petition EN2712 – Travel Exemption for Prospective Marriage Visa (subclass 300)

This is a petition that has been put forward to the Australian government to treat subclass 300 visa holders the same as 309 visa holders, for travel to Australia during the COVID travel restrictions.

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:

Some examples are:

1: Petition Reason (i)
If an individual has been deemed to be in a genuine, and continuing relationship by the Department of Immigration, they should be able to enter the country given they are willing and able to pay for their flights and abide by hotel quarantine laws.

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• A subclass 300 grant does NOT confirm that the couple are in a genuine, and continuing relationship.  The government can easily respond by saying that a travel ban exemption can be granted where a subclass 300 visa holder can prove to be in a genuine, and continuing relationship. There are examples of such exemptions being given.

1: Petition Reason (ii)
If an individual has been deemed to be in a genuine, and continuing relationship by the Department of Immigration, they should be able to enter the country given they are willing and able to pay for their flights and abide by hotel quarantine laws.

• The government can easily respond by saying that those subclass 300 holders able to prove a genuine and continuing relationship, can apply for a travel ban exemption, under that situation.  Holding a subclass 300 visa does NOT, in itself, confirm that the couple are in a genuine, and continuing relationship.

2: Petition Request
We therefore ask the House to add Prospective Marriage Visa holders (Subclass 300) to the category of individuals exempt from the current COVID-19 travel bans. Reunification with partners, especially prospective marriage partners, should be a compelling and compassionate reason.

• The government can easily respond by saying that a travel ban exemption request does exactly what this petition requests, reunification with partners, without opening up 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/EN2712

As at 17 June 2021 this petition has had 3,169 signatures and expires on 23 June 2021.

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