In circumstances where you have married your fiancé following the refusal of your Prospective marriage visa, the Migration Regulations 1994 – Reg 2.08E explain how the Tribunal should deal with your case. The regulations require that the Tribunal must ‘remit’ the visa application back to the Department for further consideration, with the direction that the application be considered as a Partner visa (i.e. a subclass 820 or 309 visa).
Whilst this can be very useful to applicants and potentially save them further expenses associated with the Tribunal process (such as being legally represented) it does not guarantee that your application will be successful once it is sent back to the Department for further consideration.
In fact, it would be advisable to consider what further evidence you intend to provide to demonstrate the long-term commitment you have made to one another as spouses, and by reference to the evidentiary requirements the Department must consider and which are set out in Regulation 1.15A (financial aspects, nature of the household, social aspects of the relationship and the nature of the commitment).
If you are thinking of getting married, or have married since your subclass 300 Prospective marriage visa has been refused, you should get in touch with our experienced migration lawyer Daniel Moya to discuss how best to prepare for the reconsideration of your case by the Department.
