Expedited Subclass 300 Prospective Marriage Visa Granted – Afghan Applicant Residing in Pakistan

Visa TypeSubclass 300

CategoryPartner Visa

Case Summary

An Afghan applicant with periods of unlawful stay in Pakistan, whose engagement to his Australian-based sponsor was conducted via a video call rather than an in-person ceremony, was granted a Subclass 300 Prospective Marriage Visa in 10 months — well ahead of the published 26-month processing time.

Background

The applicant and his sponsor (fiancée) became engaged while not physically together — their families had agreed to the engagement over a video call. They had met on multiple occasions prior to the engagement and maintained regular contact throughout. The applicant had fled Afghanistan following the Taliban takeover and had been living in Pakistan for nearly two years, experiencing both lawful and unlawful periods of stay. At the time, the Department of Home Affairs was processing a very high volume of applications from Afghans seeking expedited processing due to safety concerns. The Department acknowledged the urgency generally but could only prioritise applications that clearly stood out from the large pool of similar cases.

Challenges

Periods of unlawful stay in Pakistan during the applicant's nearly two-year residency there
Engagement conducted via video call rather than an in-person ceremony, raising questions about the nature of the relationship
Extremely high volume of similar Afghan applications made it difficult to differentiate the case for expedited processing

How We Helped

We prepared a detailed written submission accompanied by a psychologist report documenting how the relationship developed and establishing its genuineness. We addressed the sponsor's mental health circumstances and submitted the potential consequences if the applicant was unable to join her in Australia promptly. We clearly articulated the personal safety risks the applicant and sponsor would face if required to return to Afghanistan, and outlined their individual profile in a way that distinguished the case from the general applicant pool. We explained that the unlawful periods in Pakistan were unintentional and directly attributable to the political situation in Afghanistan. We also guided the client in compiling comprehensive evidence of continuous communication since the engagement and documentation of family support.

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Key Success Factors

Psychologist report establishing the genuineness of the relationship
Tailored submission addressing the sponsor's mental health and the urgency of reunion
Clear articulation of safety risks in Afghanistan, differentiating the case from the general applicant pool
Comprehensive relationship evidence covering continuous contact and family endorsement

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Outcome

The Subclass 300 Prospective Marriage Visa was granted within 10 months of lodgement, significantly ahead of the published 26-month processing time.

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