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Can I get a Partner visa if I am not married?

I am not married yet but I am engaged to an Australian. We want to get married in Australia later on. Can I still get a Partner visa to Australia even if we are not married yet?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 23-09-2014
1 Lawyer Answered
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  1. Immigration & Migration
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Kert Stavorn, Belmore 2192 NSW

  • Yes you can apply for the Prospective Marriage visa (subclass 300).
  • This visa is granted for a period of 9 months during which time you can travel to Australia and marry your fiancé.
  • You must actually marry within this 9-month period.
  • After the marriage you would need to apply for the onshore Partner visa (subclass 820 and 801).
  • The supporting documents for the Prospective Marriage visa are similar to those of the Partner visa but require additional information such as:
    • evidence of marriage arrangements;
    • a statutory declaration from you and your fiancé confirming your genuine intention to marry;
    • Notice of Intention to Marry (NOIM)
    • evidence that the relationship has been ongoing for a period of time such as letters, emails, telephone bills showing itemized calls to each other, and evidence of money sent to each other.

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