Prospective Marriage visas and the Covid-19 situation
Waiting for the grant of your Prospective Marriage Visa may be best at the moment.
In fact, if you are in the processing queue you may not actually want your Prospective Marriage visa to be granted at the moment.
The reason for this is that Prospective Marriage visas last for 9 months – and Prospective Marriage visa holders can’t travel to Australia at the moment.
A Prospective Marriage visa holder needs to enter Australia, marry, and lodge a partner visa application, all within the 9 months.
At the end of 9 months from the date they are granted, Prospective Marriage visas expire.
If the Prospective Marriage visa holder isn’t able to enter Australia within the 9 month period from when the visa is granted – say, because they can’t enter due to coronavirus travel restrictions on entering Australia – the visa expires.
At the moment the immigration department is not extending that 9 month period – even during this time of coronavirus.
The Upshot of this.
The upshot of this is that we are currently seeing some Prospective Marriage visa holders who, say, may have been granted their visa 4 or 5 months ago but still haven’t entered Australia on the visa – and now can’t currently enter Australia due to coronavirus.
The risk for them is that their Prospective Marriage visa will expire before they can enter Australia – due to coronavirus travel restrictions into Australia.
That’s a bad outcome for them unfortunately – they would then need to lodge a new Prospective Marriage visa application.
Will the government fix this?
Hopefully, yes.
The Migration Institute of Australia has brought this problem to the government’s attention.
When, and if, the government will do something about this current problem for Prospective Marriage visa holders who are currently outside Australia, is not known at the moment.
Let’s hope so.
I hope this information is of assistance. Take care out there!
Best wishes, Ross McDougall. Solicitor & Registered Migration Agent.
Tel: 08 8528 9187
This information is correct at May 1st, 2020. But, keep in mind that the situation is changing and being updated regularly.
Information (or the lack of it) contained here does not take into account anyone’s individual circumstances and should not be relied upon as immigration assistance or legal advice.
