Australia Subclass 300 Visa holders now qualify for travel exemption

Alisha Khan
[Published 25 Mar, 2022 | 03:40 PM]
About Author - 8 min read
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The Border Force of Australia has added Subclass 300 Visa holders (Prospective Marriage Visa) to the list of individuals who can apply for a Travel Exemption to arrive in Australia. This is a huge relief for the fiancés of Permanent Residents and Citizens of Australia.

The aspiring travelers to Australia who wish to avail of the exemption have to fulfill the following requirements:

• The Australia Subclass 300 Visa should have been approved
• The application for Australia Subclass 300 Visa must have been filed a minimum of 12 months prior to applying for the request for a travel exemption

All overseas nationals who have been approved for the Subclass 300 Visa and fulfill the criteria can apply for traveling to Australia. The applications for exemption have to be filed and processed prior to boarding an airplane to Australia. The applicants are also required to offer proof of having the Subclass 300 Visa, the date of application, and some evidence for their relationship with the Permanent Residents or Citizens of Australia.

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The Border Force of Australia has said that the majority of the travel exemptions applications are processed within seven days of submission of the request. Since the closure of Australian international borders, several Subclass 300 Visa holders have been incapable of applying for a travel exemption.

The Australia Subclass 300 Visa does acknowledge the commitment of the Visa holders to marry their partner. However, they have not been recognized as ‘immediate members of the family’ on par with Subclass 100/309 and Subclass 801/820 Visa holders. This has also been debated on various platforms by the stakeholders.

The modification in the exemption privilege is anticipated to permit around 1,600 individuals to marry and stay with their partners in Australia.

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Home Minister of Australia announces the decision

The change in travel exemption rules was announced by the Home Affairs Minister of Australia Karen Andrews. The Minister said that the decision had to be fair while also protecting the health of residents in Australia with respect to travel curbs. Subclass 300 Visa holders now can avail of travel exemptions to arrive in Australia, get married, and begin a new life. This will be of huge relief to individuals whose plans have been distorted all this while due to the pandemic, added Karen Andrews.

With this policy modification, Subclass 300 Visa holders are now able to apply for internal exemptions in specific circumstances. The Department of Home Affairs in Australia does not regard these Visa holders as immediate members of the family. Thus, they are not exempt by default from the inbound travel curb which is the case for a De-facto partner or Spouse of a Permanent Resident or Citizen of Australia. However, now the DHA has conceded a little flexibility for Subclass 300 Visa holders giving them the chance to avail of individual internal exemption. This is after a lapse of 12 months after they have applied for the Visa.

Greens greet the positive change

The change has been welcomed by the Greens Party and it has cheered hundreds of couples that had lobbied for the modification. The Party had also tabled a motion in the Australian Senate in June this year seeking exemption for Subclass 300 Visa from the travel ban.

Senator and Immigration Spokesperson for the Greens Party Nick McKim said that this is a historical victory for couples unjustly facing separation due to the pandemic. The Senator was among the leading campaigners for the change in favor of the Subclass 300 Visa holders. This is a great update for these Visa holders who can now avail of the exemption from the travel ban after having received the Visa a year ago, added McKim. 

The Senator said in a press release that these Visa holders have already proved their relationships to the DHA while spending thousands of AUDs for paperwork. They can now start their lives as couples together after their weddings having been delayed unnecessarily, added the Senator. 

Meanwhile, experts in the Immigration industry have also welcomed the decision and have said that the move is likely to decrease the processing times for Subclass 300 Visa applicants. They have said that it will bring relief for couples several of whom had also reached a point of collapse due to the long-distance relations. The immigration industry is also anticipating quicker processing of these Subclass Visa applications.

The Prospective Marriage Visa /Australia Subclass 300 Visa

Australia Subclass 300 Visa is also known as the Prospective Marriage Visa or Fiancé Visa is a provisional permit having a validity of 9 months. It enables the Visa holders to arrive in Australia and gives adequate time to them and their partners for planning and organizing their wedding. The marriage can take place either in Australia or overseas but has to be held within a period of 9 months. 

Before the expiry of the Subclass 300 Visa and after the wedding, the Visa holders have to file an application for the Onshore Partner Visa. It is the next rational step for obtaining the status of Permanent Resident in Australia. Those who intend to marry a Permanent Resident or Citizen of Australia or a qualified citizen of New Zealand can apply for this Visa. They must be offshore while filing this Visa application.

Documentation Required

1. Personal Documentation

You have to offer documents for personal identification like birth certificate, Passport, or similar related documents. Police clearness that supports your character also has to be provided.

2. Relationship Documentation

• A dated signed and formal letter from your wedding ceremony cleric
• Confirmation of having filed NOIM
• Two 888’s Forms – These serve as a lawful declaration from the witnesses whom you select attesting the authenticity of your relationship 
• Proof demonstrating that you and your partner have earlier met personally as adults above 18 years of age
• Proof demonstrating that you and your partner truly intend to begin a life jointly as partners
• Proof regarding the relationship history with your partner
• These legal declarations must include a brief of the beginning and growth of your time mutually. You also have to include the engagement date, common interests, future plans, etc. 

Australia Subclass 300 Visa Application Process

The application for Subclass 300 Visa has to be filed with the Department of Home Affairs in Australia on behalf of your partner and yourself. The chief criterion is that your relationship and your sponsor fulfill the above-specified criteria. Additionally, you must fulfill the regular character and health checks as well.

The Subclass 300 Visa has a validity of 9 months and permits you to arrive in Australia prior to your marriage with your fiancé. You need to be residing overseas while filing the Visa application and at the time of its approval. The marriage needs to be held within the expiry of this Visa i.e. within 9 months from the date of approval of the Visa. The marriage can be held overseas or in Australia.

Next Step - Partner Visa

After your arrival and your marriage being held, you will qualify for the Australia Partner Visa. The application for this Visa has to be filed prior to the expiry of your Subclass 300 Visa. The major criteria to be fulfilled for the Partner Visa are as follows:

• Your spouse and you are in a reciprocally exclusive relationship
• Your relationship is continuing and genuine
• You stay together as a couple or reside separately on a temporary basis only

You will be offered the provisional Partner Visa if you can fulfill the appropriate criteria. The validity of this provisional Visa is for a period of roughly 2 years from the date you filed the Visa application. You will qualify for a permanent Australia Partner Visa at the completion of this 2 years duration if your relationship still fulfills the above-specified criteria.

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Australia Tourist Visa to be offered from 2022

Scott Morrison the Prime Minister of Australia has affirmed that the Australia Tourist Visa or Australia Visitor Visa will be issued from 2022 onwards. As of now, the focus is on overseas skilled returning immigrants and overseas students said the Prime Minister. Morrison has already announced the plans that permit citizens and Permanent Residents who are vaccinated to travel overseas from November 2021. 

The Prime Minister of Australia has said that the first prominence will be accorded to Australians traveling overseas. Later, skilled immigrants and overseas students who aspire to arrive in Australia will be prioritized. Only then the overseas tourists will be considered for arrival to Australia, explained Morrison. 

The Universities in Australia have been severely impacted by the pandemic as they are heavily reliant on overseas students. 

Nationwide Visas has assisted several individuals in immigrating to Australia through the Subclass 300 Visa and various Subclasses for Australia PR Visa. We offer you assistance and guidance through expert and highly professional Immigration Consultants.