Prospective Marriage visa lawyer: when to ask an immigration lawyer for a subclass 300 and how legal help works
A Prospective Marriage visa lawyer is an Australian legal practitioner, whom the Migration Act 1958 (s 280(3)) allows to give immigration assistance on a subclass 300, and who is appointed on Form 956 (Home Affairs, page updated 30 September 2026). Immigration assistance includes preparing or helping prepare the visa application or sponsorship, advising on either, and representing the applicant or sponsor in a review (Migration Act s 276). Both of you can use a lawyer: the applicant for the visa, and the Australian sponsor for the sponsorship and any refusal review, which only the sponsor can lodge (Migration Regulations 1994 reg 4.02(5)(r)). A subclass 300 refusal leaves the sponsor 28 days from notification to apply to the Administrative Review Tribunal, and that time cannot be extended (Migration Act s 347). Home Affairs says a legal practitioner cannot fast-track processing or guarantee a visa (30 September 2026).
Individual advice: Contact an Australian migration lawyer directly if a decision or visa deadline is close. The enquiry page can send a private question to Australian Migration Lawyers.
When to get help
| Situation | What a lawyer does | Time pressure |
|---|---|---|
| Before lodging | Checks both people's eligibility and earlier sponsorships; prepares the visa application and sponsorship | Before paying the non-refundable application charge |
| Gaps in the relationship evidence | Matches evidence to meeting as adults, intending to marry and intending to live together | Relevant criteria must still be met at decision |
| An earlier refusal or cancellation | Reviews the immigration history Home Affairs will consider | Before lodging |
| Married before the grant | Notifies Home Affairs and requests consideration for the 309/100 | As soon as you marry |
| Visa ending before the wedding | Checks available routes against your dates; the outcome is case-specific | Before the grant-letter end date |
| A refusal letter | Prepares the sponsor's Tribunal application and evidence | 28 days from notification; no extension |
| The relationship has ended | Handles notification and checks remaining partner-visa routes | As soon as possible |
At a glance
| Label | Value |
|---|---|
| Who may act as your lawyer | An Australian legal practitioner acting in legal practice — Migration Act s 280(3) |
| How a lawyer is appointed | Form 956, signed by you — Home Affairs, 30 September 2026 |
| Review deadline after a refusal | 28 days from notification; the sponsor applies; no extension — Migration Act s 347 and Migration Regulations reg 4.02(5)(r) |
| ART application fee | AUD 3,727 — ART fees page, as at 3 October 2026 |
| What a lawyer cannot do | Fast-track processing or guarantee a visa — Home Affairs, 30 September 2026 |
What does a Prospective Marriage visa lawyer do?
Section 276 of the Migration Act 1958, Compilation No. 171, dated 4 June 2026, defines immigration assistance as using knowledge or experience of migration procedure to help a visa applicant or sponsor. For a subclass 300 case, that work includes:
- Advising the applicant about subclass 300 and whether another visa fits their circumstances better.
- Preparing, or helping prepare, the applicant's visa application.
- Preparing sponsorship documents and advising the sponsor, under Migration Act s 276(2).
- Preparing for and representing a person in a review or court proceeding; for a subclass 300 refusal, the sponsor makes the Tribunal application.
- Lodging in ImmiAccount on the client's behalf using an Australian legal practitioner number obtained through Form 1548, as described on Home Affairs' “Using a legal practitioner” page, updated 30 September 2026.
The visa these steps serve, and who qualifies for it, are explained in the guide to the Prospective Marriage visa (subclass 300).
Who may lawfully help with a 300 visa
Home Affairs' “Using a legal practitioner” page, updated 30 September 2026, defines a legal practitioner as a lawyer holding an Australian legal practising certificate, restricted or unrestricted. Under Migration Act s 280(3), that lawyer is permitted to give immigration assistance in connection with legal practice without separate registration.
Under Migration Act s 280, immigration assistance on a 300 should come from an Australian legal practitioner, such as an Australian migration lawyer. Anyone else who gives it without registration or a legal exemption acts unlawfully.
Under Migration Act s 276(3), merely doing clerical work, translating or interpreting, telling someone they need to apply for a visa, or passing on another person's information without substantial comment is not immigration assistance.
Important: Section 280 of the Migration Act 1958 prohibits immigration assistance by someone who is neither registered nor exempt. A practising Australian lawyer must carry professional indemnity insurance; an unregistered agent is not subject to that requirement, so an error that costs you a review opportunity may leave no insurer to claim against.
When a subclass 300 lawyer matters most
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A refusal. Under reg 4.02(5)(r) of the Migration Regulations 1994, only the sponsor applies for review; Migration Act s 347 and the ART's “Immigration and citizenship” page, checked 3 October 2026, set a 28-day limit after the notification day, or 14 days if the review applicant is in immigration detention, with no extension. The ART fees page lists AUD 3,727 as at 3 October 2026, with a reduction to 50% for financial hardship.
The steps after a subclass 300 visa refused decision are explained on the refusal page.
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Marriage before the decision. Home Affairs' Prospective Marriage visa page, updated 10 August 2026, says marriage ends subclass 300 eligibility and asks for the registered marriage certificate, a request for 309/100 consideration and a statement withdrawing the 300; otherwise, the 300 is refused. Regulation 2.08E provides the legal mechanism for the additional partner-visa applications.
Read what to file if you are married before your 300 visa is granted.
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A visa ending before the wedding. Clause 300.511 of the Migration Regulations fixes the visa period at grant, and Part 300 has no extension mechanism; Home Affairs' “Visa about to expire” page, updated 24 September 2026, says staying longer requires a new visa. Home Affairs does not publish a specific outcome for expiry before the wedding, so the available route is case-specific.
The dates and possible routes for a subclass 300 expiring before the wedding need to be considered before expiry.
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A relationship that has ended, or a sponsor who has died. Clauses 820.211(7)–(9) of the Migration Regulations retain routes to the 820/801 in specified cases involving the sponsor's death, family violence by the sponsor or child arrangements—not every relationship breakdown. Home Affairs' family violence provisions page, updated 24 September 2026, says a lawyer may request that the visa application remain in ImmiAccount when family violence is selected on the Notification of Relationship Cessation form.
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The sponsor's history. Regulation 1.20J generally limits earlier partner sponsorships to not more than one earlier grant and requires five-year gaps measured from relevant application dates, with a compelling-circumstances exception. Regulations 1.20KB–1.20KD also govern registrable offences where a child is included, and relevant offences with a significant criminal record.
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The applicant's history and evidence. Home Affairs' Prospective Marriage visa page, updated 10 August 2026, says an earlier refusal or cancellation can affect eligibility, immigration history is considered, and applicants and applying family members aged 16 or older must meet character requirements, with Form 80 among the applicant's documents. Clauses 300.214–300.216 and 300.221 require evidence of meeting in person as adults, genuine intentions to marry within the visa period and live as spouses, and continued satisfaction of those criteria at decision; the same Home Affairs page says a refused application's charge is not refunded.
If a Prospective Marriage visa is refused, the sponsor must apply to the Administrative Review Tribunal within 28 days of being notified, and the Tribunal cannot extend that time (Migration Act 1958 s 347).
Common mistakes
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Putting the visa applicant's name forward as the review applicant overlooks Migration Regulations reg 4.02(5)(r), which assigns that role to the sponsor.
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Starting the review clock when an email is opened, or expecting extra time, conflicts with Migration Act ss 494C(5)–(6) and 347: electronic notification counts at the end of the transmission or availability day, and the deadline cannot be extended.
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Leaving Home Affairs unaware of a wedding during processing leaves the 300 application facing refusal, according to its Prospective Marriage visa page, updated 10 August 2026.
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Trying to terminate a granted visa by withdrawing sponsorship conflicts with Home Affairs' Prospective Marriage visa guidance, updated 10 August 2026, which says sponsorship cannot be withdrawn after grant.
Appointing a lawyer: Form 956 and the legal practitioner number
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Complete and sign the appointment. Home Affairs' “Using a legal practitioner” page, updated 30 September 2026, says your lawyer completes Form 956, which you sign; the form's design date is 08/22.
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Arrange lodgement access. The same Home Affairs page says lawyers lodge in ImmiAccount using an Australian legal practitioner number obtained through Form 1548.
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Arrange receipt of correspondence. To have Home Affairs letters sent to your lawyer, appoint an authorised recipient using Form 956A, design date 03/21; under Migration Act s 494D, documents given to that recipient are taken to be given to you.
What a lawyer cannot do
Home Affairs' “Using a legal practitioner” page, updated 30 September 2026, says a lawyer cannot:
- Fast-track the processing period.
- Guarantee a visa.
Home Affairs' Partner visa FAQs, updated 25 September 2026, say priority processing is available only for compassionate special circumstances with compelling reasons, and most requests cannot be approved.
Your responsibility for accurate information
Home Affairs' Prospective Marriage visa page, updated 10 August 2026, says the applicant lodges online in ImmiAccount and the sponsor lodges the sponsorship online.
Home Affairs' “Using a legal practitioner” page, updated 30 September 2026, says the applicant remains responsible for accurate information even when a lawyer helps. Under clause 300.223 and public interest criterion 4020 of the Migration Regulations, a bogus document or materially false or misleading information is a ground for refusal; PIC 4020(2) imposes a three-year restriction affecting the applicant and family-unit members, subject to the under-18 exception and waiver provisions.
Home Affairs' Form 888, design date 08/26, requires the supporting person to sign their statement and acknowledge responsibility for its truthfulness.
A lawyer's review can focus on missing documents, inconsistent dates and whether the evidence addresses each criterion. Those checks do not predict a grant.
How much does a fiancé visa lawyer cost?
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST. That figure is for the professional fees and is separate from the government charges below.
Government charges are separate: Home Affairs' visa pricing and Schedule 1 of the Migration Regulations list the standard main-applicant charge as AUD 11,710 for subclass 300 and AUD 1,955 for the combined 820/801 application where the holder has married the sponsor and lodges before the 300 ends, from 1 July 2026 and current as at 3 October 2026; passport-based concessions apply.
Can Home Affairs send our letters to the lawyer?
Yes. Home Affairs' appointment guidance says you can appoint the lawyer as your authorised recipient using Form 956A, design date 03/21; Migration Act s 494D treats documents sent to that recipient as given to you.
Can a lawyer represent the sponsor at the Tribunal?
Yes. The ART's “Immigration and citizenship” page, checked 3 October 2026, lists a lawyer with a practising certificate among those permitted to represent a review applicant.
Ask an Australian migration lawyer about your Prospective Marriage visa
An Australian migration lawyer is an Australian legal practitioner permitted by Migration Act s 280(3) to give immigration assistance in connection with legal practice. The site’s enquiry page can send a private question to Australian Migration Lawyers.
A lawyer can examine both halves of the case—the applicant's visa application and the sponsor's sponsorship—and prepare the sponsor's review if a refusal occurs. The dates matter: Migration Act s 347 leaves no extension to the 28-day review limit, clause 300.511 fixes the visa end date, and Home Affairs' Prospective Marriage visa page says marriage before the decision ends 300 eligibility and requires notification and the 309/100 steps.
The useful check is whether your evidence addresses the criteria and whether action is needed before a deadline. Home Affairs' “Using a legal practitioner” page, updated 30 September 2026, makes clear that a lawyer cannot speed up processing or promise a grant; checking the application does not predict its outcome.
The enquiry page lists the dates to prepare, and can send a private question to Australian Migration Lawyers. Contact an Australian migration lawyer directly for advice about preparation, a change in circumstances, a visa end date or a refusal.