Rajesh & Emma – Prospective Marriage Visa Case Study

Clients

• Rajesh (India)
• Emma (Australia)

Circumstances

Emma and Rajesh met through a mutual friend online in 2018. They quickly developed a close bond and began chatting every day. After several months, they decided to meet in person. Emma traveled from Australia to India, where Rajesh welcomed her at New Delhi airport. They spent three amazing weeks together, traveling around India and visiting Rajesh’s family. However, Emma had to return to Australia due to her work commitments.

Despite the distance, Emma and Rajesh continued to communicate daily through video calls and messages. Six months later, Emma took another trip to India. Although this visit was shorter, they made the most of their time together, deepening their connection and making plans for the future.

Over the next two years, Emma visited Rajesh three more times. On her last visit, Rajesh proposed, and they decided to apply for an Australian visa to take their relationship to the next level. Unsure about the visa options and process, Emma approached Emigrate Lawyers for assistance.

Although Emma and Rajesh had been together for several years, they hadn’t kept much evidence to support their visa application, as they were unaware of the requirements for a Partner or Prospective Marriage visa.

Migration Solution

Emigrate Lawyers’ immigration lawyer worked with Emma to identify and gather the necessary documents for their application. They decided to contact MoneyGram, as Emma had frequently sent money to Rajesh over the years to support him and his family. This financial support included payments for rent, household expenses, and medical bills.

Emma and Rajesh maintained regular communication through various platforms, so they had to search through their computers to extract conversation logs as proof of their ongoing relationship.

Emma contacted her travel agent to get records of her flights to India. Fortunately, she had purchased all her tickets through the same agent, making it easy to retrieve the information. Rajesh found photos taken by friends and family during Emma’s visits, which were added to the visa application.

Relatives and friends of the couple were happy to provide statements supporting their relationship, knowing both were seeking true love and commitment.

Immigration lawyer at Emigrate emphasized the importance of lodging a “decision-ready” visa application. Emma and Rajesh were advised to discuss their wedding plans and obtain a Notice of Intention to Get Married from a marriage celebrant, as this is a requirement for the Prospective Marriage Visa (the applicant needs to marry within 9 months of arriving in Australia).

A month later, Emma brought dozens of original documents and a USB stick containing thousands of pages of communication history and other supporting documents to the Emigrate Lawyers office.

We drafted the visa application and sponsorship documents, prepared a legal submission and list of attachments, and Emma and Rajesh approved the application for submission. Once submitted, we made sure the application was “decision-ready,” organizing the documents, numbering them, and clearly addressing the criteria for a visa grant. This approach assists the department delegate by making their job easier and reduces the burden and stress of a long-distance relationship for the couple.

A month after lodging the application, the delegate requested a medical examination, police clearances, and two other original documents. Emigrate Lawyers assisted Rajesh in completing the medical examination and providing the necessary documents as specified by the delegate.

Good News

The Prospective Marriage Visa was granted a month later, and Rajesh joined Emma in Australia within four months of the visa application. Emigrate Lawyers emphasizes that processing times for the Prospective Marriage Visa subclass 300 are generally around 12 months. This case highlights the importance of organizing the visa application properly to ensure it is processed as quickly as possible.

This visa grant demonstrates that the Department of Home Affairs values “decision-ready” visa applications, where we name documents and relate them to the visa criteria. A well-written submission helped the delegate see the correlation between supporting documents and visa grant criteria, leading to a successful and timely decision.