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					                                           AUSTRALIAN EMBASSY
                                                 PHNOM PENH
                                        Immigration and Citizenship Section

        INFORMATION FOR CLIENTS LODGING A SUBCLASS 309 PROVISIONAL PARTNER VISA
           APPLICATION WITHOUT A MARRIAGE CERTIFICATE AT TIME OF APPLICATION

We understand that some clients are presently having difficulties in obtaining a marriage certificate from the
Cambodian authorities.

Unfortunately, without a valid marriage certificate we are unable to grant a subclass 309 Provisional Partner visa, as one
of the core criteria would not be met. The only exception to this is if you are able to meet the definition of being in a de
facto relationship which generally requires that you are able to provide strong evidence that you have been in the
relationship for at least the entire 12 months before the date you lodged your partner visa application.

If you lodge a 309 Provisional Partner visa without a marriage certificate, it may result in the application being refused
or your application being significantly delayed whilst you are waiting for a marriage certificate. Therefore it is
advisable to lodge a 309 Provisional Partner visa only after you have obtained a marriage certificate.

An alternative option is for you to lodge an application for a Subclass 300 Prospective marriage visa.

Please note that there are two conditions attached to the grant of a Subclass 300 Prospective marriage visa:
    (1)       The visa holder must enter Australia on that visa within 9 months of the date of grant of the visa; and
    (2)       The visa holder must marry their sponsor within 9 months of the date of grant of the visa, but not before
              entering Australia.
* The marriage does not have to take place in Australia, but as noted above in paragraph (1) the visa holder must still
enter Australia on the visa before the visa ceases. Should you obtain marriage certificate documents prior to being
granted the 300 visa then we can convert your subclass 300 visa application to a subclass 309 application and assess
you against the subclass 309 visa requirements.

In summary, below is information relating to the two possible pathways for applying for partner migration from
outside of Australia:

                                      OPTION 1
 Visa                     309 – Partner                      100 – Partner (Migrant)
                          (Provisional)
 Apply in Australia       Outside Australia                  Applied for at same time
 or Outside Australia                                        as 309 (outside Australia)
 Fee                      Fee applicable                     No extra fee

                                       OPTION 2
 Visa                     300 - Prospective                  820 – Partner (temporary)            801 – Partner (residence)
                          Marriage (temporary)
 Apply in Australia       Outside Australia                  In Australia                         Applied for at same time as 820
 or outside Australia                                                                             (inside Australia)
 Fee                      Fee applicable                     Fee applicable                       No extra fee

Note with option 1: there may be delays or the application may be refused if you do not have a marriage
certificate (see above).

For general information about Partner visas please refer to http://www.immi.gov.au/migrants/family/partner-
outside.htm.



No. 16B National Assembly Street, Sangkat Tonlebasac, Khan Chamkarmon, Phnom Penh, CAMBODIA
Appointments: Email: immigration.phnompenh.appointments@dfat.gov.au Tel: 855-12-810-752 Fax: 855-23-213-465
Enquiries:   Email: immigration.phnompenh@dfat.gov.au Tel: 855-23-213-470 Fax: 855-23-213-465
Website: http://www.cambodia.embassy.gov.au/
                                                     people our business

				
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