To lodge a Prospective Marriage visa (subclass 300), applicants must provide evidence of their intention to marry the Australian sponsor. This evidence usually includes a Notice of Intended Marriage (NOIM) signed by both parties and the celebrant. A key issue arises when the sponsor is separated but not yet legally divorced. This article explains a 300 visa divorce pending situation and when a Prospective Marriage visa can be lodged.
Can You Lodge a 300 Visa If the Sponsor Is Not Divorced?
The NOIM is a time-of-application criterion – it must be valid when you apply. If the sponsor is still legally married, a NOIM cannot be obtained because both parties are not free to marry. The Department therefore will not accept a 300 visa application until the divorce is finalised. Once the sponsor’s marriage is dissolved, a new NOIM can be prepared and the PMV lodged. A 300 visa divorce pending issue prevents lodgement until the sponsor is legally free to marry.
If the couple has been living together for at least 12 months, they may qualify for a Partner (Subclass 309/100) visa as de facto partners. The couple would need to meet the de facto definition under section 5CB of the Migration Act and regulations 1.09A and 2.03A. Consulting a migration agent can help determine which pathway suits your circumstances and when to lodge your application.
Understanding the timing of divorce and visa lodgement can help couples avoid refusals and unnecessary delays.
How VisaTasker Can Help
Australian migration rules can be complex, and every situation is different. Our registered migration agents can review your circumstances and provide clear, practical advice on the best pathway forward for you.
Disclaimer: This article contains general information only and may not apply to your specific circumstances. For personalised guidance on your visa application, please book a consultation with one of our registered migration agents.
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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