Wedding Delayed on Your Prospective Marriage Visa?

The Prospective Marriage Visa (Subclass 300) is a temporary Australian visa that allows the fiancé or fiancée of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to travel to Australia to marry their partner. It is sometimes referred to as a fiancé visa and is the starting point for couples who intend to build a life together in Australia through the Partner Visa (Subclasses 820 and 801).

When couples apply for the Subclass 300, the plan is to travel to Australia, marry their partner within the visa period, and begin the pathway toward permanent residency. That plan depends entirely on timing, and timing is fixed by law. The Subclass 300 carries a legal condition under the Migration Regulations 1994 requiring marriage within the visa period, which is typically nine months from first entering Australia. When a wedding is delayed for any reason, whether a venue cancellation, a medical circumstance, travel disruptions, or a change in personal plans, the consequences for the applicant’s immigration status can be significant. Understanding what the law requires, and what options remain, is the first step.

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What the Subclass 300 Prospective Marriage Visa Requires

The Prospective Marriage Visa (Subclass 300) must be applied for and granted while the applicant is outside Australia. Once granted, the visa is valid for a period of nine to 15 months. Within that period, Schedule 8, clause 8519 of the Migration Regulations 1994 requires the holder to marry the sponsoring partner within the visa period. In practice, this means marriage must occur within nine months of first entering Australia on the Subclass 300.

There is a second mandatory condition (clause 8515) which requires that the holder not marry before entering Australia. Marriage must therefore follow, not precede, entry. The marriage itself does not have to take place in Australia. It can occur in any country, provided the marriage is legally valid under the laws of that country and takes place within the nine-month period from the date of first entry.

The total visa validity of up to 15 months is structured to allow the couple time to lodge the Subclass 820 Partner Visa after the wedding while the Subclass 300 is still in effect. The marriage, however, must occur within the nine-month window regardless of how much total visa time remains.

The Visa Cannot Be Extended or Reissued

The most important fact for any applicant facing a delayed wedding is that the Subclass 300 Prospective Marriage Visa cannot be extended under any circumstances, and a further Subclass 300 cannot be granted.

There is no provision within the Migration Act 1958 or the Migration Regulations 1994 that allows the Department of Home Affairs to extend the visa period or issue a replacement. The visa period stated at the time of grant is final. When the Subclass 300 is issued, the countdown begins immediately. The reasons for a wedding delay are not considered within the visa conditions. Couples facing any uncertainty about their wedding timeline should seek advice from a migration lawyer as early as possible.

Your Options If the Wedding Has Been Delayed

The available options depend on where the applicant stands in terms of the marriage deadline, whether the wedding has already taken place, and whether the Subclass 300 is still valid. Each situation requires individual assessment. The following covers the most common scenarios and what each one means for the applicant’s stay in Australia.

Reschedule Before the Deadline Passes

If the delay is short and the nine-month window has not yet closed, the most straightforward resolution is to reschedule the ceremony to a date within that window. As noted above, the marriage can occur in any country as long as it is legally valid and takes place before the nine-month mark from the date of first entry.

Once married, the applicant should then lodge the Subclass 820 Partner Visa (Temporary) before the Subclass 300 expires. This sequence is critical for both maintaining lawful status in Australia and preserving access to the reduced government application charge available to Subclass 300 holders.

You Have Married, but the Subclass 300 Is About to Expire

If the marriage has taken place within the required period but the Subclass 820 has not yet been lodged and the Subclass 300 is approaching expiry, the priority is to lodge the 820 application as soon as possible.

Lodging before the Subclass 300 expires serves two purposes. It triggers the grant of a Bridging Visa A, which allows the applicant to remain lawfully in Australia while the 820 is assessed, and it secures the lowest available application charge. As at 1 July 2026, a Subclass 300 holder who is married and lodges the Subclass 820/801 before the 300 expires pays a base application charge of $1,955 for the main applicant, compared to $11,710 for a standard Subclass 820/801 application with no prior connection to the Subclass 300.

If the Subclass 300 has already ceased by the time the 820 is lodged, the applicant may still apply for the Subclass 820 onshore as a former 300 holder. In that case, the base application charge rises to $2,475 for the main applicant as at 1 July 2026. This is still lower than the standard rate, but the financial advantage of lodging while the 300 remains active is clear.

The Marriage Has Not Occurred and the Visa Period Has Ended

If the visa period has elapsed without the marriage taking place, the Subclass 300 ceases automatically under Schedule 8, clause 8519 of the Migration Regulations 1994. The applicant is no longer lawfully in Australia and must depart.

An applicant who finds themselves in this position before the visa expires should seek urgent advice from a migration lawyer. Depending on individual circumstances, there may be scope to apply for another substantive visa to maintain lawful status while a longer-term pathway is identified. Applying for another visa type does not restore the Subclass 300 or reset the marriage condition.

Where the couple intends to continue their relationship and marry, they would typically need to marry and then apply for the offshore Partner Visa (Subclass 309/100) from outside Australia. That pathway carries its own eligibility requirements and processing timeframes, and legal advice should be sought before any steps are taken.

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You Married Before the Subclass 300 Was Decided

If the marriage took place after the Subclass 300 application was lodged but before the Department of Home Affairs made a decision, the applicant is no longer eligible for the Subclass 300. The Department of Home Affairs must be notified promptly via ImmiAccount, with evidence of the marriage attached. If the Department of Home Affairs is not notified and the application is left unchanged, the Subclass 300 will be refused on the basis that the applicant no longer meets the eligibility requirements for that visa.

Under Regulation 2.08E of the Migration Regulations 1994, notification triggers a deemed new application for the offshore Partner Visa (Subclasses 309/100) without an additional government application charge. The Subclass 309 is a provisional visa that, following the required waiting period, leads to the permanent Partner Visa (Subclass 100). The eligibility requirements and evidence obligations for the Subclass 309/100 are more comprehensive than those of the Subclass 300, and a migration lawyer should be consulted before or immediately after notifying the Department of Home Affairs.

If the Relationship Has Ended

If the relationship ends before the marriage and the Subclass 300 has not resulted in a wedding, there is no remaining pathway through the Subclass 300 or the Subclass 820. Eligibility for the Prospective Marriage Visa requires a genuine and continuing intention to marry the sponsoring partner.

If the relationship ends after the marriage and a Subclass 820 has already been lodged, there are limited circumstances in which the applicant may still be eligible to continue. These include situations where the applicant or their child has experienced family violence in the relationship, where the couple has a child together, or where the sponsoring partner has passed away. Each circumstance is assessed individually and requires legal advice. An applicant in this position should contact a migration lawyer without delay.

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Chúng tôi có thể giúp gì

At Australian Migration Lawyers, our migration lawyers work with couples at every stage of the Subclass 300 and Partner Visa process, including those facing unexpected delays or complications. Whether the wedding has been rescheduled, the visa is approaching expiry, or the circumstances have changed since lodgement, our team can assess your current position and advise on the most appropriate steps.

We offer a free initial consultation for partner visa enquiries, including the Prospective Marriage Visa (Subclass 300). Call 1300 150 745 or book a consultation online to speak with one of our migration lawyers about your situation.