The prospective marriage visa (subclass 300) lets you come to Australia to marry your fiancé, then apply for an onshore 820 partner visa. There are several rules that make this pathway more flexible than people expect.
Key points
- For the 300, you must have met your fiancé in person since you both turned 18.
- After marrying, you apply onshore for the 820 and 801 visas.
- Breaching the 300 rules about when to marry does not, by itself, affect the 820 criterion for former 300 holders.
- A 300 holder can marry someone else and be sponsored by that new partner.
- A former 300 holder who married their sponsor and then became unlawful is exempt from Schedule 3.
Meeting in person
To be granted a 300 visa, you and your fiancé must have met in person since you both turned 18, even if the marriage was arranged earlier. The Department checks this carefully.
Marrying and applying for the 820
Once you marry, you can apply in Australia for the 820 and 801. A second sponsorship form is needed, but it counts as one sponsorship for the sponsor’s lifetime limit. See limitation on partner visa sponsorships.
If the timing goes wrong
This is where people panic unnecessarily. The Department’s instructions say breaching the 300 conditions about not marrying before entry, or marrying within the visa period, is not relevant to the specific 820 criterion for former 300 holders. A later cancellation of the 300 also has no effect on the 820. Get advice before relying on this, as your visa status still matters.
Marrying someone else
A 300 holder can marry a person other than their original sponsor, and be sponsored by that new partner for an 820 under the general partner rules.
Becoming unlawful after marrying
If you married the person who sponsored your 300 and then became unlawful, you are not subject to Schedule 3 for the 820, and most public interest criteria do not apply at the 801 stage. This only applies to marriage, not a de facto relationship. See Schedule 3 and section 48.
Breakdown, death and family violence
Special provisions let a former 300 holder continue if the sponsor dies, or the relationship ends and there was family violence by the sponsor. See family violence and partner visas.
What you should do now
- Plan the wedding date: aim to marry within the 300 visa period to keep things simple.
- Lodge the 820 promptly: apply for the 820 and 801 as soon as you are married.
- Keep evidence: keep your marriage certificate and evidence of living together.
- Get advice on problems: if the wedding is delayed or the relationship changes, talk to us before your 300 ends.
Frequently asked questions
Do we have to marry within the 300 visa period?
Yes, marry within the 300 visa period. A timing breach alone does not affect the 820 criterion for former 300 holders, but if your 300 ends before you marry you may become unlawful and Schedule 3 may apply. Get advice if the timing slips.
Can I marry someone other than my sponsor?
Yes. You can be sponsored for an 820 by your new spouse under the general partner rules.
Do we need a new sponsorship form for the 820?
Yes, but it counts as one sponsorship for the sponsor’s lifetime limit.
What if I become unlawful after marrying?
If you married your 300 sponsor, Schedule 3 does not apply to your 820 application.
Related guides
- Prospective marriage visa
- 820 and 801 partner visa
- Limitation on partner visa sponsorships
- Schedule 3 and section 48
- Is our marriage valid?
On a prospective marriage visa and planning the next step? Book a consultation with one of our registered migration agents.
This article is general information only and is not legal advice for your situation.
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