How the Prospective Marriage Visa Works Before You Marry?

What Is the Prospective Marriage Visa (Subclass 300)?

The Prospective Marriage Visa (Subclass 300) is a temporary visa that allows the fiancé of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to travel to Australia to marry their prospective spouse. It is sometimes referred to as the fiancé visa.

The visa grants a stay of up to 15 months. The marriage must take place within the visa period granted, which is specified at the time of grant. The marriage does not have to occur in Australia and may take place anywhere, provided it is legally valid. Once married, the visa holder may apply onshore for a Partner Visa (Subclass 820/801), which is the pathway to permanent residency in Australia.

The Subclass 300 is an offshore visa only. The applicant must be outside Australia at the time of lodgement and outside Australia when the visa is granted. Applicants who are already in Australia are not eligible for this pathway.

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Who Is the Prospective Marriage Visa For?

The prospective marriage visa suits couples who are not yet married and where one partner is living outside Australia. It is a relevant option for couples who do not yet meet the 12-month cohabitation requirement for a de facto Partner Visa, as the Subclass 300 does not carry that requirement. What it does require is a genuine intention to marry within the visa period and evidence that the relationship is genuine.

It is also an option for couples in long-distance relationships who have not lived together but wish to settle in Australia once married. The applicant must have met their prospective spouse in person at least once prior to lodging the application. This requirement applies even in the case of arranged marriages.

Same-sex couples are eligible to apply on the same basis as opposite-sex couples, and the subsequent Partner Visa (Subclass 820/801) pathway is equally available to them.

Eligibility Requirements for the Prospective Marriage Visa (Subclass 300)

To lodge a valid application for the Prospective Marriage Visa (Subclass 300) in Australia, applicants must satisfy all of the following requirements under the Migration Act 1958 and the Migration Regulations 1994:

The applicant must be outside Australia at the time of application and at the time of grant. The applicant must have met their prospective spouse in person at least once. Both parties must genuinely intend to marry within the visa period granted and to live together as a married couple. Both the applicant and the sponsor must be free to marry under Australian law. The applicant must be 18 years of age or older, with limited exceptions. Health and character requirements apply.

The sponsor must also meet eligibility requirements. Sponsorship limitations apply under the Migration Regulations 1994: a sponsor must not have previously sponsored more than one other person for a partner or prospective marriage visa, and must not have sponsored a partner or prospective spouse for migration within the previous five years, unless compelling circumstances exist.

What Happens After the Visa Is Granted?

Once the Prospective Marriage Visa (Subclass 300) is granted, the visa holder may enter Australia and begin planning the marriage. The marriage must take place within the visa period granted. During this time, the visa holder may work without restriction, study, and travel in and out of Australia freely within the visa period.

Visa Condition 8519 requires the marriage to take place during the validity period of the visa. The visa cannot be extended, and a further Prospective Marriage Visa cannot be granted. If the marriage does not take place within the visa period, the holder will be required to depart Australia.

Once married, if the couple intends to settle in Australia, the next step is to apply for a Partner Visa (Subclass 820/801) before the Subclass 300 visa expires. Subclass 300 holders who proceed to the Partner Visa (Subclass 820/801) are eligible to pay a reduced government application charge at the time of lodgement, provided the application is made before the Subclass 300 visa expires and after the marriage has taken place. Medicare access generally becomes available once the Partner Visa (Subclass 820/801) application has been lodged.

What If You Marry Before the Subclass 300 Is Decided?

If the applicant marries their prospective spouse before the Subclass 300 application is decided, the application can be converted to an offshore Partner Visa (Subclass 309/100) upon notifying the Department of Home Affairs. No additional visa application charge is payable for the conversion. However, conversion changes the visa pathway and the evidence requirements that follow, and the specifics of the situation will determine whether it is the appropriate course of action. Legal advice should be sought before taking this step.

What If the Relationship Ends Before the Visa Is Granted?

If the relationship ends while the application is being processed and before the visa is granted, the applicant is no longer eligible for the Prospective Marriage Visa and the application will ordinarily be refused. There is no equivalent special circumstances provision at the Subclass 300 stage. The protections that exist for applicants in changed circumstances apply within the Partner Visa (Subclass 820/801) pathway, once the relationship has progressed to the point of marriage.

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Prospective Marriage Visa (Subclass 300) Government Fee

The government application charge for the Prospective Marriage Visa (Subclass 300) is $11,710 for the primary applicant (effective 1 July 2026). Where secondary applicants are included, an additional charge applies: $5,860 per additional applicant aged 18 or over, and $2,935 per additional applicant under 18. These figures are set by the Department of Home Affairs and are subject to change.

The full amount is payable at the time of lodgement. Split payments are not accepted. Accepted payment methods include debit and credit card, PayPal, UnionPay, and BPAY. Professional fees payable to Australian Migration Lawyers for preparing your application are separate from the government charge and vary depending on the complexity of the case.

If you proceed to the Partner Visa (Subclass 820/801) after marrying, you are eligible to pay a reduced government application charge at that stage, provided the Subclass 820/801 application is lodged before your Subclass 300 visa expires.

Prospective Marriage Visa Processing Time

Processing times vary depending on the evidence provided, the complexity of the application, and the Department of Home Affairs’ current caseload. The Department continues to prioritise aged, compassionate and compelling applications, which affects current processing times across the queue.

According to the Department of Home Affairs’ Global Visa Processing Times guide, 50% of Subclass 300 applications are currently processed within 14 months, and 90% are processed within 26 months. For the most current figures, refer to the Department of Home Affairs’ Global Visa Processing Times page directly, or contact our migration lawyers for guidance.

Including Children in Your Application

Dependent children under 18 years of age must be included in the Subclass 300 application before it is decided. Family members cannot be added after the visa is granted. An additional government application charge applies for each secondary applicant included.

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Comment les avocats australiens spécialisés dans les questions de migration peuvent-ils aider ?

The Prospective Marriage Visa (Subclass 300) application requires careful preparation of relationship evidence and compliance with the Department of Home Affairs’ requirements. Applications that are incomplete or that do not sufficiently demonstrate the genuineness of the relationship and the intention to marry are at risk of refusal.

At Australian Migration Lawyers, our team of migration lawyers guides applicants through every stage of the process, from eligibility assessment and document preparation through to lodgement and responding to any requests for further information from the Department of Home Affairs. We act in accordance with the Migration Act 1958 and our legal obligations to ensure each application is lawfully prepared. We also work with Australian Translation Services to ensure all foreign language documents are translated into Australian English as required.

If you are considering a Subclass 300 Prospective Marriage Visa application, contact Australian Migration Lawyers today. Book a free consultation with one of our qualified migration lawyers to discuss your circumstances. In-person, video, and telephone consultations are available.