prospective marriage visa travel exemption

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New Travel Exemption For Prospective Marriage Visa Holders

Love is in the air and so is your aircraft. If you are overseas and have a Prospective Marriage (subclass 300) visa , you can now apply for a travel exemption to enter Australia.

These are the finer details:

• You must hold the Prospective Marriage (subclass 300) visa; and
• Your visa application was lodged at least 12 months before submitting a travel exemption request.

This means if you applied for a subclass 300 visa on or before 18 August 2020, and you have now been granted your subclass 300 visa; you are eligible for an inwards travel exemption on 18 August 2021.

For more information about travel exemptions, click here .

Don’t let Covid-19 get in the way of love any longer. We have an excellent strike rate for travel exemption approvals. Contact us  today or call our Gold Coast office on +61 (0)7 5592 0755.

If you are a current client and have an active ongoing matter with us, DO NOT submit a booking request or enquiry through this page. Please email your Registered Migration Agent and/or Legal Practitioner or case manager directly.

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Family & Spouse Visas

Prospective Marriage/Fiance Visas (Subclass 300)

EXPLANATORY STATEMENT

Issued by the Minster for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Migration Act 1958

Migration Amendment (Prospective Marriage Visas) Regulations 2021

The Migration Act 1958 (the Migration Act) is an Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons.

Subsection 504(1) of the Migration Act provides that the Governor-General may make regulations, not inconsistent with the Migration Act, prescribing matters required or permitted to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Migration Act.

In addition, regulations may be made pursuant to the provisions listed in Attachment A.

The Migration Amendment (Prospective Marriage Visas) Regulations 2021 (the Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to address the ongoing impact of COVID-19 by providing for the extension of Subclass 300 (Prospective Marriage) visas to 31 December 2022 if the visa holder was outside Australia on 15 September 2021 and the visa was in effect on 15 September 2021.

The Regulations build on previous amendments to implement flexibility for Subclass 300 (Prospective Marriage) visa holders impacted by travel restrictions arising from COVID-19.  Migration Amendment (Prospective Marriage Visas) Regulations 2020 extended the duration of Subclass 300 (Prospective Marriage) visas to 31 March 2022 for certain visa holders outside Australia. These Regulations extend visas to 31 December 2022 for visa holders outside Australia on 15 September 2021.

The Regulations commence retrospectively on 15 September 2021, a day before the first Subclass 300 visa held by a person outside Australia ceased. As the changes are beneficial to all affected persons, it is appropriate to provide for retrospective commencement.  Retrospective commencement of the amendments is therefore consistent with section 12 of the Legislation Act 2003 (the Legislation Act).

The matters dealt with in the Regulations are appropriate for implementation in regulations rather than by Parliamentary enactment. It has been the consistent practice of the Government of the day to provide for detailed visa criteria and conditions in the Migration Regulations rather than in the Migration Act itself. The Migration Act expressly provides for these matters to be prescribed in regulations, as can be seen in the authorising provision listed at Attachment A .  

The current Migration Regulations have been in place since 1994, when they replaced regulations made in 1989 and 1993.  Providing for these details to be in delegated legislation rather than primary legislation gives the Government the ability to respond quickly to emerging situations such as the COVID-19 pandemic.

A Statement of Compatibility with Human Rights (the Statement) has been completed in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The overall assessment is that the Regulations are compatible with human rights. A copy of the Statement is at Attachment B.

The Office of Best Practice Regulation (the OBPR) has been consulted in relation to the amendments. No Regulations Impact Statement is required. The OBPR consultation reference number is 42822.

No formal consultation has been undertaken on these measures. However, the measures have been informed by feedback received from a number of stakeholders, including affected visa holders, who have raised concerns about the adverse effects of travel restrictions on this cohort. The amendments are beneficial to affected applicants, are consistent with similar COVID-19 concessions and do not substantially alter existing arrangements. This accords with subsection 17(1) of the Legislation Act.

The Department is following standard practices to notify clients about the Regulations, including updating its website.

Further details of the Regulations are set out in Attachment C

The Regulations are a legislative instrument for the purposes of the Legislation Act.

ATTACHMENT A

AUTHORISING PROVISIONS

Subsection 504(1) of the Migration Act 1958 (the Migration act) relevantly provides that the Governor-General may make regulations prescribing matters required or permitted to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Migration Act.

In addition, the following provisions of the Migration Act may also be relevant:

*          subsection 29(1), which provides that, subject to the Act, the Minister may grant a non-citizen permission, to be known as a visa, to do either or both of the following: (a) travel to Australia; (b) remain in Australia;

*          subsection 30(2), which provides that a visa to remain in Australia (whether also a visa to travel to and enter Australia) may be a visa, to be known as a temporary visa, to remain: (a) during a specified period; or (b) until a specified event happens; or (c) while the holder has a specified status;

*          subsection 31((1), which provides that the regulations may prescribe classes of visas;

*          subsection 31(4), which provides that the regulations may prescribe whether visas of a class are visas to travel to and enter Australia, or to remain in Australia, or both; and

*          subsection 31(5), which provides that the regulations may specify that a visa is a visa of a particular class.

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 Migration Amendment (Prospective Marriage Visas) Regulations 2021

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

Overview of the Disallowable Legislative Instrument

The Prospective Marriage (Subclass 300) visa provides a pathway for prospective spouses of Australian citizens, permanent residents or eligible New Zealand citizens to enter and stay in Australia for a period of between nine to fifteen months and marry their partner, prior to lodgement of a permanent Partner visa application.

COVID-19 related travel restrictions and practical limitations have meant that many Prospective Marriage visa holders have been unable to travel to Australia within their visa validity period to marry their partner and apply for a permanent Partner visa.

On 10 December 2020, the Migration Amendment (Prospective Marriage Visas) Regulations 2020 extended the visa validity period to 31 March 2022, for Prospective Marriage visa holders or former visa holders who were outside Australia on 10 December 2020, and who held a Prospective Marriage visa at any time between 6 October 2020 and 10 December 2020.

On 18 August 2021, the Government announced a change to travel exemption settings for travel to Australia, to allow Prospective Marriage (Subclass 300) visa holders to obtain a travel exemption when at least 12 months has passed since the visa holder first lodged their Prospective Marriage visa application.

While this change to the travel exemptions settings will assist some Prospective Marriage visa holders, as the COVID-19 pandemic continues into 2021-22, many visa holders remain outside Australia and continue to face difficulties in arriving in Australia within their visa validity period. This may be for example, due to limited quarantine places, flight availability and other practical limitations.

The Migration Amendment (Prospective Marriage Visas) Regulations 2021 amend the Migration Regulations 1994 to address the impact of COVID-19 related travel difficulties by extending the duration of Subclass 300 (Prospective Marriage) visas to 31 December 2022, for those outside Australia who held that type of visa on 15 September 2021. An extension until 31 December 2022 will provide Prospective Marriage visa holders who are outside Australia, including those eligible for a discretionary travel exemption and those whose visas were extended to 31 March 2022, with additional time to secure a flight to Australia and marry their partner within their visa validity period.

Human rights implications

This Disallowable Legislative Instrument may positively engage the following right:

*          Right to respect for the family

o    Article 23 of the International Covenant on Civil and Political Rights provides that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State, and that the right of men and women of marriageable age to marry and to found a family shall be recognised.

Extending the visa validity period for Prospective Marriage visa holders provides prospective spouses of Australian citizens, permanent residents or eligible New Zealand citizens with additional time (until 31 December 2022) to enter Australia and marry their partner.

These changes assist in mitigating the negative impact of COVID-19 related travel difficulties on Prospective Marriage visa holders who continue to face difficulties in travelling to Australia due to circumstances outside of their control. They provide a positive benefit to both the visa holders who are outside Australia and their Australian partners in Australia, further supporting the reunification of prospective spouses with their Australian partners, and further supporting the right to respect for the family of those Australian partners.

The Disallowable Legislative Instrument is compatible with human rights.

The Hon Alex Hawke MP   

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

ATTACHMENT C

Details of the Migration Amendment (Prospective Marriage Visas) Regulations 2021

Section 1 - Name

This section provides that the name of the instrument is the Migration Amendment (Prospective Marriage Visas) Regulations 2021 (the Regulations). 

Section 2 - Commencement

This section provides for the commencement of the instrument.

Subsection 2(1) provides that each provision of the Regulations specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

The effect of the table is that the Regulations commence on 15 September 2021.

Subsection 2(2) provides that any information in column 3 of the table is not part of the regulations. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. Column 3 of the table provides the date/details of the commencement date.

Section 3 - Authority

This section provides that the instrument is made under the Migration Act 1958.

Section 4 - Schedules

This section provides for how the amendments in the regulations operate.

Schedule 1 - Amendments

Migration Regulations 1994

Item [1] - Division 300.5 of Schedule 2

This item amends Division 300.5 of Schedule 2 to the Migration Regulations 1994 (the Migration Regulations) to insert a new clause 300.513 to provide for the extension of Subclass 300 (Prospective Marriage) visas to 31 December 2022 if the visa holder was outside Australia on 15 September 2021 and the visa was in effect on 15 September 2021 .

The amendments build on previous amendments to implement flexibility for Subclass 300 (Prospective Marriage) visa holders impacted by travel restrictions arising from COVID-19.  The Migration Amendment  (Prospective Marriage Visas) Regulations 2020 extended the duration of Subclass 300 (Prospective Marriage) visas to 31 March 2022 for certain visa holders outside Australia.  These amendments extend visas to 31 December 2022 for visa holders outside Australia on 15 September 2021.

This amendment commences retrospectively on 15 September 2021, a day before the first Subclass 300 visa held by a person outside Australia ceased. 

This retrospective commencement is consistent with section 12 of the Legislation Act 2003 . Subsections 12(1A) and 12(2) provide:

Retrospective commencement

(1A)  Despite any principle or rule of common law, a legislative instrument or notifiable instrument may provide that the instrument, or a provision of the instrument, commences before the instrument is registered.

Retrospective application

(2)  However, if a legislative instrument or notifiable instrument, or a provision of such an instrument, commences before the instrument is registered, the instrument or provision does not apply in relation to a person (other than the Commonwealth or an authority of the Commonwealth) to the extent that as a result of that commencement:

(a)  the person's rights as at the time the instrument is registered would be affected so as to disadvantage the person; or

(b)  liabilities would be imposed on the person in respect of anything done or omitted to be done before the instrument is registered.

As the amendments to extend certain Subclass 300 (Prospective Marriage) visas to 31 December 2022 are beneficial to all affected persons, it is appropriate to provide for retrospective commencement. There is no disadvantageous impact on any person's rights and no liabilities are imposed on any person in respect of anything done or omitted to be done before the instrument is registered. Retrospective commencement of the amendments is therefore consistent with section 12 of the Legislation Act 2003.

Australia: 5 things to know about Australian partner visas during the pandemic

Applying for a Partner Visa is still possible during the pandemic – here's what you should know about Australian Partner Visas in the COVID-19 Era.

More placements are available for Partner Visas in FY 2020/21

Placements for Partner Visas increased to 72,300 people for Australia's 2020/21 Migration Program, which is the bulk of the 77,300 placements available in the Family Stream. In contrast, in 2019-20, the migration program delivered 37,118 Partner Visa placements and in pre-pandemic 2018-19, there were 38,918 Partner Visa placements delivered. Australia's COVID-19 Pandemic recovery plans aim to facilitate family reunion – particularly for partners, and this is reflected in the migration program planning levels.

The Australian Government is prioritising Partner Visa processing

In February 2021, the Government informed the Migration Institute of Australia that while other visa options may not be possible for travel at this time, more resources at the Department of Home Affairs are being dedicated to processing Partner Visas. Our migration agents have noticed this first-hand in an increase in Department 'Requests for Further Information' for Partner Visa applications. It appears the Government is committed to filling the increase in Partner Visa placements planned for the 2020/21 migration program.

You can apply from either Onshore or Offshore

In Australia,there are two main types of Partner Visas – 309/100 Partner Visas (must apply 'Offshore') and 820/801 Partner Visas (must apply 'Onshore' within Australia).

During the COVID-19 pandemic, it is still possible to apply for a Partner Visa from onshore or offshore, although the Government may prioritise onshore applications. The below graphs show the trend in Partner Visa grants for offshore and onshore applications throughout 2020.

It is important to note that applying for a Partner Visa from Offshore (a Subclass 309/100 Visa) may involve being separated from your loved one for a long period of time. The current Government processing time for a Subclass 309 Partner Visa is 18 to 23 months.

Applying for a Partner Visa from Onshore (a Subclass 820/801 Visa) also has a long processing time – currently 23 to 28 months. However, the applicant can stay in Australia with their partner from the time of applying for the Partner Visa to the time it is granted. Here's an example of the Onshore Partner Visa journey.

Subclass 309 Partner Visa applicants currently in Australia may be able to access a concession

From 27 February 2021, the Government introduced a temporary concession for the 'Offshore Visa Grant Requirement' that usually applies to Subclass 309 Partner Visa applicants.

Applying for a Partner Visa involves two stages – a Temporary Partner Visa and a Permanent Partner Visa. The Offshore Visa Grant requirement usually requires an applicant to be outside of Australia to have their a Temporary Partner Visa granted.

Given that it is difficult to depart Australia due to COVID-19 travel restrictions, the temporary concession allows Subclass 309 Partner Visa applicants to remain in Australia without having to fly out of the country to have their Temporary Partner Visa (the Subclass 309 Visa) granted.

Partner Visa holders are exempt from Australia's current international travel bans - except for Subclass 300 Prospective Marriage Visa holders

With international travel restrictions in place, it can be difficult to know if you can still travel to Australia. Many visa holders are still ineligible for a Travel Exemption to come to Australia at this time.

Subclass 309/100 and Subclass 820/801 Partner Visa holders are automatically exempt from Australia's international travel ban restrictions and can still come to Australia. Unfortunately, Subclass 300 Prospective Marriage Visa holders are not automatically exempt from Australia's international travel ban restrictions and may not be able to enter Australia at this time.

Prospective Marriage Visa holders can request a Travel Exemption for consideration on a case-by-case basis, however an intention to marry may not be considered sufficient to demonstrate that a person is an immediate family member of an Australian citizen or permanent resident.

The Government processing time for Subclass 300 Prospective Marriage Visas is currently at 18 to 29 months. A temporary concession may however apply to Subclass 300 Prospective Marriage Visa applicants whose visa is granted from 27 February 2021. These visa holders may be eligible for a visa grant period of up to 15 months (increased from 9 months) at the discretion of the Department.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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• Canada Immigration

Travel exemption for Prospective Marriage visa holders (subclass 300)

• January 1, 2022

On August 20, 2021, Australia established a travelling exemption for Prospective Marriage visa holders and revealed outcomes of the inaugural General Skilled Migration invitation round for the 2022/2022 Immigration Program year.

It is the Australian government has enacted a variety of COVID-19 exemptions for travel. The most recent travel exemption was designed for prospective marriage Visa applicants (subclass 300). This exemption permits subclass 300 visa holders to travel and enter Australia.

The demands

Potentially married visa holders can be eligible for a travel exclusion if:

• Their subclass 300 visa has been granted the permit, and
• Their subclass 300 visa application was submitted 12 months before requesting travel exemption.

Results of the initial General Invitation to skilled Migration

The Department of Home Affairs has announced its results from the inaugural General Skilled Migration (GSM) invitation round for the 2022/22 Migration Program year. The band was held on July 26:

• Invitations issued 500 invitations
• Minimum points: 80
• Last updated: 07/07/2019
• Invitation number given: 250
• Minimum points: 65
• Latest date of effect: 03/2021

It is not known to what professions the Department issued invitations. Still, it is possible that it was a targeted invitation round, with invitations restricted to candidates with the essential skills required for Australia’s response to COVID-19.

It is also announced that the Department has also declared that the invitation round for visa subclasses 189 491 will run quarterly during the 2021/22 year of the program, with the next round scheduled to take place in October 2021.

#Australiaimmigration #Australiavisa #AustraliaPRvisa #Australiaspousevise #Australiaprospectivepartner

GS International

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Australia’s Prospective Marriage Travel Exemption Plus Other Travel Updates

Prospective Marriage Visa Travel

While Australia’s international border is still closed to all but essential travellers until the country reaches a higher vaccination rate , Travel Exemptions to enter and leave Australia are constantly being reviewed by the Government. Here’s a few updates.

• New Travel Exemption for Prospective Marriage Visa holders
• Further changes to Travel Exemptions for  Australians normally living overseas
• Updates on the  Australia-New Zealand Travel Bubble

Travel Exemption Introduced for Subclass 300 Prospective Marriage Visa Holders

Department of Home Affairs Minister, Karen Andrews has announced that Subclass 300 Prospective Marriage Visa holders can now apply for a Travel Exemption to be with their partner in Australia. Here’s the details.

• Unlike Subclass 309/100 and 820/801 Partner Visa holders, who are automatically exempt and do not have to apply for a Travel Exemption, Prospective Marriage Visa holders  must apply to be exempt. 
• A Prospective Marriage Visa  holder   can  apply for a Travel Exemption one year after they submitted their visa application.
• Travel Exemption grants are  at the discretion of the Commissioner of the Australian Border Force  and decision makers. Sufficient evidence is required to support the application.

Many Prospective Marriage Visa holders have been unable to apply for a Travel Exemption for some time during the border closures.

Despite being granted a visa that recognises their commitment to marry their partner, Prospective Marriage Visa holders have not been classified as ‘immediate family members’ in the same way 309/100 and 820/801 Partner Visa holders have – you may have seen this contested in the media.

The change is expected to allow 1,600 people to marry and be with their partner in Australia. You can find out more about applying for a Partner Visa in the COVID-19 Era here.

Further Travel Exemption Changes for Australians Normally Living Overseas

As recently announced,  the Government has removed an automatic Travel Exemption that previously allowed Australians who normally live overseas to travel to their country of residence without needing permission to leave Australia.

In addition, the  three month expiry for unused Travel Exemptions for people ordinarily resident overseas has been removed . Travel Exemptions approved before 11 August 2021 are an exception – these can be used beyond the expiry period.

Other Australian Citizens and Permanent Residents have a three month period to leave Australia using their Outbound Travel Exemption once it is granted –  read more about this here .

The Australia-New Zealand Travel Bubble

In response to COVID-19 outbreaks, quarantine-free travel to fly to New Zealand (NZ) from all Australian States and Territories remains suspended until further notice by the NZ Government.

If you are in New Zealand and normally live in Australia, you can currently travel home to Australia without having to quarantine on arrival.

Read more about how the Australia-New Zealand Travel Bubble operates here .

Travel Exemptions to Leave or Enter Australia | Post Pandemic Travel

We hope our update on Prospective Marriage Visa travel was helpful. Stay up-to-date on Australia’s Travel Exemption categories with our summaries on:

• Travel restrictions for leaving Australia
• Travel restrictions for coming to Australia

Should you need professional advice on your Visa or Travel Exemption, we encourage you to  contact Interstaff’s Registered Migration Agents  to arrange a consultation so that your circumstances can be considered.

You may also wish to connect with us on  Facebook  and  LinkedIn  to keep up-to-date.

Interstaff’s Registered Migration Agents Migration Institute of Australia The Department of Home Affairs 7 News

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Prospective Marriage Visas Subclass 300 – Travel exemptions

• August 19, 2021

Details to apply for individual travel exemptions for Prospective Marriage Subclass 300 Visa (PMV) holders have changed however please note, PMV holders are NOT exempt from travel restrictions.

A travel exemption may be granted if the PMV holder where the subclass 300 visa has been granted and the application was lodged at least 12 months before submitting a travel exemption request.

For example, if a subclass 300 visa was applied for on or before 18 August 2020 and the visa has been granted, the holder is eligible for an inwards travel exemption on 18 August 2021.

A visa must be held and an exemption to Australia’s travel restrictions must be granted before travelling.

To discuss your situation and find out more about requesting a travel exemption, contact our expert team.

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‘Epic win’: Prospective marriage visa holders can now get inward exemptions to travel to Australia

In a massive relief to couples in marriage limbo, the australian government declared that existing prospective marriage visa holders (subclass 300), who applied for a visa at least 12 months ago, will be eligible for an inward travel exemption..

Ravjot Kaur Dhatt hasn't seen her fiance Harjeet Singh since February 2020. Source: Supplied by Ravjot Kaur Dhatt

• Prospective Marriage visa holders (Subclass 300) now eligible for inward exemption 12 months after visa application submission
• PMV holders still need to apply for individual inward travel exemption
• Change may allow 1600 people to apply for inward exemption

Citizens, permanent residents ordinarily resident overseas will need exemption to leave Australia from 11 August

• where the Subclass 300 visa has been granted, and
• the Subclass 300 visa application was lodged at least 12 months before submitting a travel exemption request

Budget 2021-22: Update on Australia’s immigration program, skilled migrants and international students

'Married but living apart': Australia’s partner visa processing times blow out due to COVID-19

Temporary visa holders denied exemptions to travel to Australia on ‘compassionate grounds’ seek clarity on assessment criteria

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Prospective Marriage Visa - subclass 300

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Hi everyone! I found this forum only yesterday, so I'm very new here. I can't seem to see many recent PMV threads. I am Australian & my fiance is Texan, we've been together since 2018 and became engaged in 2020. Our last trip together was late 2019, we had travel plans booked last year but were cancelled due to Covid. We are going through a migration agent (review service only) and will be lodging in the next week or two. I feel pretty confident with our application, but will know more when the migration agent reviews our docs! We've met each others friends & family, but lieu of photos with many of them we are providing Form 888 stat dec's (around 15-20 of them). We have PayPal transfers, gift receipts, travel booking receipts (for Texas, New Orleans and around Melbourne), Victorian relationship certificate, letter from my landlord agreeing to put my fiance on my lease, and plenty of photos. We've appointed a celebrant and I've signed my part of the Notice of Intent to Marry (our celebrant and venue are flexible with dates thankfully!). Due to these border closures we've been apart for over a year and our initial wedding plans fell apart (all documented in our application). I have photos of the family heirloom ring my fiance will give to me when he is in Australia and my mother in law has included info on the ring in her Form 888. So we have a lot of evidence but it is still an incredibly nerve-racking process. The DHA website says processing time is 19 months for 75% and 24 months for 90%. We are totally committed to one another, but it is still so much time apart (which I'm sure many people in this forum can empathise with!!). I was wondering if anyone has any recent experience with the PMV? Has anyone had any positive experiences with quick processing times? Thanks in advance  

A fiancé is NOT a family member and could expect a problem applying for a travel exemption. From what you have posted, it looks as if you could satisfy the schedule 1 and the schedule 2 criteria to apply for a partner visa in the first instance. By applying for a subclass 300 visa, you might be shooting yourself in the foot; both feet. If you consulted a registered? migration agent for advice about applying for a subclass 300 visa, and that is what you get, best of luck.  

Hi wrussell, thanks for your response. We do know we need to apply for a travel exemption, and that our 300 PMV application should satisfy the Department's travel exemption criteria. However your points are important and when we chat to the migration agent next week we'll see if they suggest we go straight for the partner visa instead of fiance.  

Subclass 300 is pretty silent lately. My fiance and I lodged our application in Aug 2020 and haven't heard anything from DHA till date. We uploaded most docs upfront, Ive done biometrics as well. We keep supplying evidences from time to time. Our migration agent asked us not to do the medicals and wait till DHA asks (not sure if its a good idea or not) Still waiting......  

Thanks for the timeline update ... best of luck with hearing from DHA soon!  

I'm in a similar situation. My partner is located in Melbourne and I live here in DC - we lodged in March 2020 and have not received any updates. From everything I've read and heard from others in the PMV300 boat, very very few are being processed. My partner and I have been looking into converting to a 309. I would say the FB groups for Partner visas have been very helpful in tracking grants. We did not apply for the 309 originally since we have never lived together and were worried about fulfilling that qualification. Best of luck!  

eli27abeth said: I'm in a similar situation. My partner is located in Melbourne and I live here in DC - we lodged in March 2020 and have not received any updates. From everything I've read and heard from others in the PMV300 boat, very very few are being processed. My partner and I have been looking into converting to a 309. I would say the FB groups for Partner visas have been very helpful in tracking grants. We did not apply for the 309 originally since we have never lived together and were worried about fulfilling that qualification. Best of luck! Click to expand...

PMV300 boat, Click to expand...

Just to ask, our migration agent advised us to wait for DHA to ask for medical check before we do it. But whats the ideal way to go about it, Wait as they suggest or provide upfront Visa is subclass 300 lodged in Aug 2020 Most docs uploaded upfront except the medicals  

due to covid they are not processing quickly, I would suggest to wait  

We did not apply for the 309 originally since we have never lived together Click to expand...

• 300 Granted: 30 Mar 2021 – Applied 19 Jul 2020. UK. Processed in 8.4 months.
• 300 Granted: 27 Mar 2021 – Applied 13 Sep 2020. Jordan. Processed in 6.4 months.
• 300 Granted: 22 Mar 2021 – Applied 25 Feb 2021. Israel. Processed in 1 months.

JandE said: Some fast grants 300 Granted: 22 Mar 2021 – Applied 25 Feb 2021. Israel. Processed in 1 months. Click to expand...

Hello all, I am new to this forum. I wish to know (if possible) whether there has already been a coordinated effort to form a petition against the decision to require an exemption for subclass 300 Visas (prospective marriage) when student visas do not need exemption nor do critical skills visas. I am entertaining the possibility of forming a petition and gathering signatures to send to parliament in order to force the topic to be discussed again and reviewing this (in my opinion outlandish decision) considering and provided that it affects so many Australians' lives. Thank you  

If a petition is done it has to be worded accurately, or it can be easily rejected. You mention that critical skills visas do not require an exemption. Their reply would probably be that they do, in the same way that subclass 300s do, based on these figures: Travel Ban Exemption Statistics. Compelling and Compassionate Reasons: 3,630 granted. 35,303 refused. Critical Skills (non medical) 9,736 Granted. 10,852 Refused. The reason that subclass 300 grant holders require an exemption is that the couples in 'some' of these applications have only ever met for a week or two. Should these be granted one of the limited numbers of exemptions? Those with longer relationships, should of course be eligible for an exemption. That is the point of an application, to try to show equal relationship levels to a subclass 309 applicant.  

Student and Temporary Graduate Visas | COVID-19 and the border

The requirements for the PMV 300 aren't very strict (you need to have met in person at least once) so I guess that's why there is also an exemption process. Do you think a long-term couple with children should be in the same queue as two people who only met in person once? Unfortunately, with the current arrival caps, they need to prioritise who can enter the country and who can't, and they have to draw a line somewhere. I do agree that we need to increase the hotel quarantine capacity and the arrival caps to bring more people in, and then should definitely allow PMV visa holders to enter without an exemption.  

Maybe your Australian partner can leave Australia to stay with you for 3-6 months so you can collect some evidence? I don't know if there is any other way. PMV holders aren't allowed to enter because there's not enough quarantine capacity for everyone. Even Australian citizens often struggling to return home due to the flight caps.  

Hello, I have got my exemption and after that in few hours I got my partner visa 309 I guess what I did I uploaded everything I had since beginning of my relation from small to big thing and mentioned why and how it’s important to travel and luckily I got exemption first and then in 7 hrs my 309 Wish you all good luck  

Prospective marriage visa holders can now get inward exemptions to travel to Australia In a massive relief to couples in marriage limbo, the Australian government declared that existing prospective marriage visa holders (Subclass 300), who applied for a visa at least 12 months ago, will be eligible for an inward travel exemption.  

eligible to apply  

• Applied March 2021
• Request for info (medical, police background check) in July 2021
• Visa granted October 2021

390979 said: Hi everyone, just an update as our Prospective Marriage Visa has been GRANTED this week!! Timeline: Applied March 2021 Request for info (medical, police background check) in July 2021 Visa granted October 2021 Total time 7 months The visa allows us to get married within 12 months (not 9 months). With the new border rules easing from next week, I plan to travel to the US in December/January. My US partner will be able to apply for his exemption to enter the country in March 2022 (which is 12 months after we lodged the initial application). We are hopeful that soon PMV holders will be classified as family and able to enter without waiting for that 12 month period. Border entry rules are constantly evolving. Good luck everyone! Click to expand...

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