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Prospective Spouse Visa Option Cancelled' Not Quite

What happens if a couple marries before a prospective Visa 300 is granted?

Under the migration regulations (which covers most situations), if, after a visa 300 application is validly made but before the visa 300 application is actually decided, the relevant parties change their plans and marry outside Australia, then visa 300 time of decision criteria cannot be satisfied.

However, if the couple have properly notified immigration of their marriage sufficiently in advance of a decision, the visa applicant should be considered to have also applied for a Partner (309/100) visa.

In such a situation, an applicant-client would be advised to withdraw, in writing, and upon such agreed to, the visa 300 application. The visa would then be refused by Immigration.

But, the refusal of the visa 300, does not affect the continued processing of an 309/100 application.

Before doing this, though, it must be established eligibility exists first for the two tier temporary/permanent spouse visa.

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