Originally published: August 2025 | Last reviewed and updated: June 2026
The Prospective Marriage Visa (Subclass 300), commonly known as the fiancé visa, is a temporary offshore visa that allows a person engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen to travel to Australia to marry. The applicant must be outside Australia both when they apply and when the visa is granted.
The Subclass 300 is particularly well suited to couples who are in a genuine and continuing relationship but have not yet accumulated 12 months of de facto cohabitation evidence — the threshold typically required for the offshore Partner Visa (Subclass 309/100). The evidentiary burden is lower because the visa does not require the applicant and sponsor to have lived together or to have a registered relationship at the time of application. What is required is genuine intent to marry and genuine intent to live together as spouses.
Once the visa is granted, the holder has 9 months from the date of grant — not from the date of entry — to marry. After marriage, they can apply onshore for the Subclass 820 (Temporary Partner) visa, which leads to the permanent Subclass 801. This three-stage pathway (300 → 820 → 801) is the route to permanent residency for most Subclass 300 holders.
For advice on whether the Subclass 300 or the Subclass 309 pathway is more appropriate for your circumstances, book a consultation with Augustine and Co. See also our partner visas service page for an overview of all partner visa pathways.
Is the Subclass 300 the Right Visa for You?
| Subclass 300 IS appropriate | Subclass 300 is NOT appropriate |
|---|---|
| Engaged couples who have not yet lived together for 12 months | Couples already legally married — apply for Subclass 309/100 instead |
| Long-distance couples who have met in person but cannot demonstrate de facto cohabitation | Applicants already in Australia — Subclass 300 is offshore only |
| Couples who want to formalise their commitment through marriage in Australia | De facto couples with 12+ months of documented cohabitation — Subclass 309 is more cost-effective |
| Applicants with strong engagement evidence but limited cohabitation history | Couples who have never met in person — purely online relationships do not qualify |
| Couples who have a clear wedding plan and can marry within 9 months of visa grant | Sponsors who have already sponsored a Subclass 300 applicant in the last 5 years |
If you are uncertain which pathway applies to your circumstances, book a consultation with our partner visa team.
The couple must have physically met and known each other personally
Migration Regulation 300.214(1) requires the applicant and sponsor to have met in person after they turned 18 years of age. This ensures that applicants enter into a marriage with genuine consent and simultaneously protects young applicants who could become victims of forced marriage and/or trafficking.
The application may be denied if the visa applicant cannot provide proof of meeting reg 300.214(1).
In addition to reg 300.214(1), the couple must also be ‘known to each other personally’ (300.214(2)). This requirement is independent of the reg. 300.212A (the parties ‘have met’), as outlined in MIAC v Yucesan & Anor [2008] FCAFC 110.
There is no strict definition of 300.214(2); therefore, communication via letters, phone, fax, email or the internet is acceptable. To determine the extent to which the couple know each other, the Department may consider the following:
- evidence of contact that shows the development of the relationship;
- the frequency of their communication;
- whether the relationship is traditionally or culturally appropriate/acceptable within the couple’s circumstances;
- any other relevant evidence available/submitted to the Department.
The couple must have a genuine intention to marry within the visa period
At the time of the decision, reg. 300.215 outlines that the Department must be satisfied that the visa applicant and sponsor genuinely intend to marry within the 9 months of the grant of the visa. This may be evidenced by a letter from a marriage celebrant, a Notice of Intended Marriage (‘NOIM’), or other relevant corroborative evidence, such as evidence of wedding bookings, etc.
The Department does not require visa applicants to set a specific date for marriage, considering the varying nature of visa processing times. However, Migration Regulation 300.215(b) requires that the marriage must take place within the prescribed visa period.
To meet this requirement, visa applicants can indicate a date range in the celebrant’s letter/NOIM within the 9 months of the visa grant. Applicants can do this by calculating the stated average visa processing time at the time of application.
If the date does not fall within the appropriate periods described above, 300.215(b) cannot be satisfied.
Critical point: The 9-month window to marry is calculated from the date the visa is granted, not the date of entry into Australia. If the visa is granted while you are outside Australia, the clock is already running. Visa holders should enter Australia as soon as possible after grant to maximise the time available to arrange and conduct the marriage ceremony.
The couple must genuinely intend to live together as spouses
Regulation 300.216 requires the Minister assessing the application to be satisfied that the parties genuinely intend to live together as spouses.
This requires an objective assessment of the couple’s intention for their future. The current nature of the relationship is only one factor and is not determinative in meeting this requirement.
In determining this, Department may refer to Section 5F of the Migration Act, which defines a “married relationship” and Regulation 1.15A, which outlines the criteria in understanding the couples:
- financial aspects of the relationship
- nature of the household
- social aspects of the relationship; and
- nature of commitment to each other.
The Department will assess the above four aspects of the relationship (in futuro) – to determine the intentions of the couple.
Work Rights, Study Rights, and Medicare on the Subclass 300
Once granted, the Subclass 300 visa allows the holder to:
Work full-time in Australia with no restriction on employer or hours
Study in Australia during the visa validity period
Travel in and out of Australia multiple times during the validity period
Access Medicare as a temporary visa holder
These entitlements apply from the date of entry into Australia on the visa. They cease when the Subclass 300 expires or when the Subclass 820 partner visa application is lodged — at which point a Bridging Visa A with nil conditions takes effect, preserving work rights while the 820 is processed.
Some other considerations to be mindful of when applying for an Australian Prospective Marriage Visa.
Does the marriage need to be in Australia?
There are no requirements that the marriage must take place in Australia. Applicants can marry outside Australia as long as it is a valid legal marriage.
What if the applicant and sponsor marry outside Australia before the visa is granted?
Before applying for Subclass 300
If the applicants intend to marry their prospective spouse outside Australia before their Subclass 300 grant, they are advised to apply for a Subclass 309/100 Partner visa instead.
After applying for Subclass 300
If the visa applicant marries their sponsor outside Australia, once Subclass 300 was applied for and before the Department decides on the application, the visa criteria cannot be satisfied.
However, under regulation 2.08E, once the couple has notified the Department of their marriage (under s104 of the Migration Act), and the marriage is valid for purposes of the visa (s5F of the Migration Act), the Department will then consider them to have applied for a Subclass 309/100 Partner visa.
In these cases, no additional first instalment is payable; the amount paid for the first instalment of the Subclass 300 visa is taken as payment of the first instalment for the Subclass 309/100 Partner visa.
Important: The applicant must enter Australia on the Subclass 300 visa before the marriage takes place — even if the marriage ceremony occurs outside Australia. An applicant who has never entered Australia on the Subclass 300 cannot marry overseas and then claim the visa condition has been satisfied.
Subclass 300 Application Costs (2026)
| Cost Item | Amount (AUD) |
|---|---|
| Subclass 300 primary applicant government fee | AUD 9,365 |
| Subclass 820 if lodged before SC300 expires | AUD 1,560 |
| Subclass 820 if lodged after SC300 expires | AUD 9,365 |
| Additional applicant aged 18 or over | AUD 4,695 |
| Medical examination per person (indicative) | AUD 400 to AUD 600 |
| Police clearances per country (indicative) | AUD 50 to AUD 150 |
| Administrative Review Tribunal (ART) appeal fee | AUD 3,580 (from 1 July 2025) |
All partner visa application fees are non-refundable, even if the application is refused or withdrawn. Do not lodge until your documentation is complete and your eligibility is confirmed.
The reduced Subclass 820 fee of AUD 1,560 applies only if the 820 is lodged before the Subclass 300 expires. Failing to lodge the 820 before the Subclass 300 expires results in paying the full AUD 9,365 fee at the 820/801 stage.
If the Relationship Breaks Down
The Subclass 300 is built around a genuine and continuing relationship. Applicants and sponsors should be aware of the following scenarios:
Relationship ends before marriage: If the relationship breaks down after the Subclass 300 is granted but before marriage takes place, the visa may be cancelled and the applicant may be required to depart Australia. No alternative visa is automatically granted at this stage.
Relationship ends after marriage: If the relationship breaks down after marriage and a Subclass 820 has been lodged, Australia’s family violence provisions may apply. In qualifying circumstances, an applicant may still be eligible for permanent residency under the family violence pathway even if the relationship has ended. Seek legal advice immediately.
Sponsor obligations: The Australian sponsor takes on legal responsibility for the visa applicant. Providing false information or engaging in relationship fraud carries serious consequences, including visa cancellation and potential criminal liability.
Non-refundable fees: Government visa application fees are not refunded if the relationship ends, the visa is cancelled, or the application is withdrawn.
For advice on relationship breakdown and partner visa implications, see our relationship breakdown and partner visas page.
Frequently Asked Questions
Q. What is the Subclass 300 Prospective Marriage Visa?
The Subclass 300 is a temporary offshore visa for people engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen. It allows the applicant to travel to Australia, marry, and then apply for the Subclass 820 partner visa on the pathway to permanent residency. The applicant must be outside Australia at both lodgement and visa grant.
Q. How long do I have to get married after the Subclass 300 is granted?
The applicant must marry within 9 months of the date the Subclass 300 is granted — not from the date of entry. Condition 8519 of the Migration Regulations 1994 imposes this requirement. Failure to marry within the 9-month period may result in visa cancellation.
Q. Can I work in Australia on a Subclass 300 visa?
Yes. The Subclass 300 allows the holder to work full-time, study, and travel in and out of Australia with no restrictions on employer or hours. Medicare access is also available during the validity period.
Q. Do I need to get married in Australia?
No. You can marry anywhere in the world once you have entered Australia on the Subclass 300. The marriage must be legally valid in the country where it takes place and recognised under Australian law. You must have entered Australia on the Subclass 300 before the marriage takes place, even if the ceremony is held overseas.
Q. What happens if I marry before the Subclass 300 is decided?
If you marry after lodging the Subclass 300 but before a decision is made, the application criteria cannot be satisfied. Under Regulation 2.08E, once you notify the Department, the application is taken to be a Subclass 309/100 Partner visa application. No additional first instalment fee is payable.
Q. What does the Subclass 300 pathway to permanent residency look like?
The pathway is three stages: (1) Subclass 300 granted offshore; (2) marry and apply for Subclass 820 (Temporary Partner) before the SC300 expires — reduced fee of AUD 1,560 applies; (3) Subclass 801 (Permanent Partner) assessed approximately two years after the 820 is lodged.
Q. What is the Subclass 300 government application fee?
The government visa application charge for the Subclass 300 is AUD 9,365 for the primary applicant. The subsequent Subclass 820 costs AUD 1,560 if lodged before the SC300 expires, or AUD 9,365 if lodged after expiry. All fees are non-refundable.
Q. Can I include my children in the Subclass 300 application?
Yes. Dependent children under 18 can be included as secondary applicants at lodgement. Children aged 18 to 22 who are wholly financially dependent on the primary applicant may also be included. Children who are married, engaged, or in a de facto relationship are not eligible for inclusion.
Conclusion
The Subclass 300 Prospective Marriage Visa is a well-structured pathway for engaged couples who are not yet in a position to apply for the offshore Partner Visa. Understanding the 9-month marriage window, the three-stage pathway to permanent residency, and the cost implications of the 820 lodgement timing is critical before applying.
Augustine and Co. advises engaged couples and their Australian sponsors on all aspects of the Subclass 300 application process, from initial eligibility assessment through to the permanent partner visa stage. Book a consultation with our partner visa team to discuss your specific circumstances.
You may also find these related resources useful:
Author
Calvin Augustine is the founding solicitor of Augustine & Co. Immigration Lawyers. He graduated with Honors from the University of London law school, before being admitted to practice in Malaysia and Australia (admitted in SA, appears in all Victorian Courts and Tribunals, at trial and appellate levels).
