Do You Need An Immigration Lawyer For A Prospective Marriage Visa (Subclass 300)?

Immigration Lawyer For A Prospective Marriage Visa

Applying for a Prospective Marriage Visa (Subclass 300) can feel overwhelming with strict requirements, long wait times, and the pressure of proving your relationship is genuine. Many applicants wonder whether to manage the process on their own or seek professional help. The key question is: Do you need an immigration lawyer for a Prospective Marriage Visa?

No, you do not need an immigration lawyer for a Prospective Marriage Visa (Subclass 300). However, professional help can be valuable if your case is complex, if you have limited evidence or if you want extra confidence in the application. A lawyer can simplify the process, reduce errors and give peace of mind.

Not sure if you need an immigration lawyer for your Prospective Marriage visa (Subclass 300)? Keep reading to find out when professional help can make all the difference.

Do You Need An Immigration Lawyer For A Prospective Marriage Visa (Subclass 300)? A Quick Overview

You are not legally required to hire an immigration lawyer for the Subclass 300 visa, but their support can be extremely helpful in certain cases. If your application is straightforward and you have strong evidence, applying on your own may be enough. 

However, if you have past visa refusals, limited proof of your relationship or special circumstances like children or blended families, a lawyer can guide you through potential obstacles. Many applicants also choose a lawyer simply for peace of mind, knowing an expert is handling the details. The choice depends on your confidence, comfort with paperwork and the complexity of your situation.

Get Expert Help in Sydney with Lewis & Bollard

If you are in Sydney and worried about the challenges of a Prospective Marriage Visa (Subclass 300), our team at Lewis & Bollard Migration is here to guide you with care and expertise. We understand how stressful the process can feel, and we take pride in helping couples build their future in Australia with confidence. Our immigration lawyers work closely with you to prepare a strong application, avoid costly mistakes and deal with any complications that may arise.

We don’t just serve Sydney. Our services extend across Australia, including NSW, VIC and QLD, supporting clients wherever they are. Whether you need peace of mind, professional representation or tailored advice, we’re ready to stand by your side.

Call us today at +612 9283 0888 or visit our Contact Us page to take the next step with trusted professionals who put your goals first.

What Are the Requirements for a Prospective Marriage Visa (Subclass 300)?

To apply successfully, you must meet strict eligibility standards set by the Australian Department of Home Affairs. These requirements confirm that your relationship and marriage plans are genuine.

Requirements include:

  • You must be outside Australia when you apply and when the visa is granted.
  • You must be at least 18 years old.
  • You must be sponsored by an Australian citizen, permanent resident or eligible New Zealand citizen.
  • You must intend to marry your partner within the visa validity period (usually 9 months from grant).
  • You must prove that your relationship is genuine and continuing.
  • You and your sponsor must both meet health and character requirements.
  • You must have no outstanding debts to the Australian Government.

Meeting these requirements is essential. Failure to meet even one can delay or jeopardise approval.

How to Apply for a Prospective Marriage Visa (Subclass 300)

The application involves multiple steps, each requiring accuracy and careful preparation. Missing details or errors can cause delays or refusals. Here is a step-by-step guide:

  1. Confirm eligibility by reviewing official criteria on the Department of Home Affairs website.
  2. Gather documents, such as passports, birth certificates, proof of relationship and intent to marry statements.
  3. Complete the application online through ImmiAccount, uploading all supporting evidence.
  4. Pay the visa application charge, which is a significant cost and must be paid in full at the time of lodgement.
  5. Submit sponsor documents from your Australian partner, confirming their eligibility to sponsor you.
  6. Undertake health checks through approved panel physicians.
  7. Provide police clearances from every country you have lived in for 12 months or more in the last 10 years.
  8. Respond to any requests for further information from the Department of Home Affairs.
  9. Await the decision, which can take many months depending on processing times.

Patience, organisation and thorough preparation make the process smoother.

Challenges You Might Experience as an Applicant

The process can feel overwhelming, especially for those unfamiliar with immigration systems. Applicants often encounter obstacles that slow progress.

Common challenges include:

  • Uncertainty about what constitutes strong relationship evidence
  • Missing or incorrect documents
  • Delays due to incomplete health checks or police clearances
  • Difficulty proving genuine intent to marry
  • Miscommunication with the Department of Home Affairs
  • Stress caused by long processing times
  • Limited understanding of English or complex instructions

Recognising these challenges early helps applicants prepare effectively and avoid unnecessary risks.

Why Work With an Immigration Lawyer for a Subclass 300 Visa

An immigration lawyer provides expert support to navigate this complex process. Their role is not just about paperwork but also about ensuring your case is legally strong and presented correctly.

Duties of an immigration lawyer include:

  • Reviewing eligibility and advising if you meet requirements
  • Identifying risks or weaknesses in your application
  • Assisting with gathering, reviewing and organising evidence
  • Drafting legal submissions to strengthen your case
  • Representing you in communication with the Department of Home Affairs
  • Guiding you through appeals if your visa is refused
  • Providing peace of mind with professional oversight

Their purpose is to protect applicants from costly mistakes and give them the best chance of success.

When You Might Need an Immigration Lawyer

Not every applicant needs professional help, but some situations benefit greatly from expert guidance. Some situations are:

  • Complex cases, such as past visa refusals, criminal history or previous overstays
  • Uncertainty about eligibility, for example, if your relationship does not meet traditional definitions
  • Difficulty providing relationship evidence, such as limited time together or cultural restrictions on sharing photos
  • Cases involving children or blended families, which introduce additional legal considerations
  • Peace of mind, where applicants prefer expert reassurance throughout the process

In these scenarios, an immigration lawyer reduces risk and provides tailored solutions.

Benefits of Using a Lawyer vs Doing it Yourself

When applying for a Prospective Marriage Visa (Subclass 300), you face an important choice: handle the application on your own or work with an immigration lawyer. Each option carries its own advantages, and the right path depends on your personal circumstances and confidence in dealing with official requirements.

Doing it Yourself

Applying for a Prospective Marriage Visa (Subclass 300) without professional help can work well if your case is simple and your evidence is strong. It allows you to stay in control and save money on legal fees.

  • Lower Costs: By applying on your own, you avoid lawyer or agent fees, which can be a significant saving.
  • Full Control of Your Application: You manage every detail of the process, from gathering documents to uploading evidence, giving you complete ownership.
  • Best for Straightforward Cases: If your relationship evidence is strong, and there are no complications, such as past refusals or complex family situations, applying independently is often enough.

Choosing to Use a Lawyer

Working with an immigration lawyer gives applicants professional guidance and reassurance, especially in less straightforward cases. The support can help avoid errors and provide security if challenges arise.

  • Professional Guidance: Lawyers understand the visa system and make sure you meet all requirements with the right documents.
  • Reduced Risk of Mistakes: They review applications carefully, preventing errors that could delay or harm your case.
  • Support in Complicated Cases: If you have past refusals, limited evidence or blended family circumstances, a lawyer strengthens your position.
  • Peace of Mind: With an expert handling your case, you feel less stress and more confidence throughout the process.

In the end, the decision comes down to complexity and comfort level. If your situation has potential complications or if you simply want reassurance that everything is handled correctly, using a lawyer can be a worthwhile investment. 

If your case is clear and you feel confident managing documents and deadlines, applying on your own may be a practical choice. What matters most is choosing the approach that gives you confidence as you take this step toward building your future in Australia.

Summing Up

The Prospective Marriage Visa (Subclass 300) gives couples a pathway to begin their lives together in Australia. While it is possible to manage the process without professional help, the risks of mistakes or delays can be high, especially in complex cases. An immigration lawyer cannot guarantee approval, but they can strengthen your application, save time and reduce stress. 

The decision ultimately comes down to whether you feel secure handling the requirements on your own or prefer the reassurance of expert support. By weighing your personal circumstances honestly, you can make the choice that best protects your future together.

Share the Post:

Related Posts

Request Callback Now!

No fee for 10-min initial phone or email enquiry. We offer 30-min Zoom consultations for $300 or 1 hour Zoom/face-to-face consultations for $450.