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Discussion Starter · #1 ·
Hi all,
In March this year, my girlfriend and I applied for the offshore partner visa. She is from the UK, I'm sponsoring her. We have been living together as common law/defacto in Canada at the time of submission. We submitted to the Ottawa office.

3 months later, we got engaged, and we intend to marry in Australia next year. Hopefully the partner visa is approved by that time.

Just wondering if there are any issues to the fact we are now engaged? I was a little worried that we should now be applying for a prospective marriage visa? But I don't particularly want to start the application process again and lose our place in the queue so to speak. We don't even have a case officer yet so I'm not even sure who to contact if we need to advise someone in the department.

Is our partner visa application still valid given our status has changed from defacto to engaged? Any advice would be appreciated, thanks!
 

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You can be fe facto and engaged. If you qualify for de facto then 309 is the better option because 1/ you don't need to apply for 820 onshore and 2/ when you go to apply for PR the 100's get processed faster than 801's.

You can just upload additional information saying that you are also now engaged.

Congrats!!!
 

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Discussion Starter · #3 ·
Thanks Mish. So it's fine to be engaged on the 309 application, good news.

But if the 309 gets approved, are we also fine to get married in Australia while my fiancee is living in Australia under this visa? We will probably only be in the country 6 months and still a while off getting the 100 processed at the time we are planning to marry. This is where I'm a bit confused about the whole purpose of the 'prospective marriage' visa.
 

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The prospective marriage visa is for people that don't meet the requirements of the 309 - so de facto or married.

There is no issue being de facto and then getting married.
 
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