February 2021
Due to Australia’s international travel restrictions, many Prospective Marriage (subclass 300) visa holders have found themselves unable to travel to Australia, even after their visas have been granted.
In some cases, subclass 300 visa holders have been unable to travel to Australia and marry their fiancé’s within the nine month validity period of their visas, causing their visas to cease.
This has been most unfair in many instances, particularly because subclass 300 visa applications incur a large application fee and often take 12 months or more to be granted.
To address this, the Australian Government has implemented Regulations which extend the duration of Prospective Marriage (subclass 300) visas to 31 March 2022 if the visa holder or former holder was outside of Australia on 10 December 2020, and the visa was in effect at any time during the period from 6 October 2020 to 10 December 2020.
This is a significant extension of visas that otherwise expire nine months after the date of grant.
The new Regulations also implement decisions made as part of the Federal Budget for 2020-21, which included providing refunds of visa application charges (which will be implemented under existing Regulations) or extensions of visa validity periods for Subclass 300 visas.
All Subclass 300 visas that were in effect on the date of the Budget on 6 October 2020 have been extended, as have visas granted after that date up until 10 December 2020.
To speak with an experienced, specialist immigration lawyer regarding Relief for Prospective Marriage (subclass 300) Visa holders, or your Australian visa options, please contact us on +61 3 9329 8744 or by email at info@erskinerodan.com.au