A Prospective Marriage (subclass 300) visa is a bridge, not a destination. The holder comes to Australia, marries the person named as the intended spouse, and then applies in Australia for the subclass 820 temporary and subclass 801 permanent partner visas. Doing that costs far less than an ordinary onshore partner application, and it avoids the 12-month de facto rule entirely.
What the Regulations actually require
Two subclauses of clause 820.211 of Schedule 2 to the Migration Regulations 1994 cover subclass 300 holders. Which one applies to you depends on whether the 300 visa is still in effect.
Clause 820.211(6) applies if you still hold the subclass 300 visa. It requires that you:
- are the holder of a Subclass 300 (Prospective Marriage) visa;
- have married the sponsoring partner under a marriage recognised as valid for the purposes of the Migration Act 1958;
- are sponsored by that spouse; and
- continue to be the spouse of the sponsoring partner.
"Sponsoring partner" is defined in clause 820.111. For a subclass 300 holder, outside the general subclause 820.211(2), it means the original sponsor — the person specified in the subclass 300 application as the person the applicant intended to marry after entry. Marrying someone else does not engage clause 820.211(6).
Clause 820.211(5) applies if the subclass 300 visa has already ceased. It requires that you are not the holder of a substantive visa, last entered Australia as the holder of a subclass 300 visa, married the person you entered Australia to marry, ceased to hold a substantive visa after marrying that person, are that person's spouse, and are sponsored.
You must also be in Australia when you apply, and so must any family members applying with you. See being in Australia when you apply.
The Schedule 3 point
This is the most important thing on the page for anyone whose 300 visa has run out.
Ordinarily, an 820 applicant who does not hold a substantive visa has to satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied there are compelling reasons for not applying them. That requirement sits in clause 820.211(2)(d). It does not appear in clause 820.211(5) at all. The Department's own eligibility material says the same thing: an applicant without a substantive visa must demonstrate that compelling reasons exist, unless they previously held a subclass 300 visa.
Each limb of clause 820.211(5) has to be met — in particular that the marriage happened before the subclass 300 visa ceased. If you did not marry, or married after the visa ended, you are outside subclause (5) and back in the general provision, with Schedule 3 criteria applying. That is a very different application.
Clause 820.223 adds a further distinction: the requirement to satisfy public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009 does not apply to an applicant referred to in subclause 820.211(5).
The lower visa application charge
As shown by the Department of Home Affairs on 23 September 2026, the subclass 820 costs "From AUD11,710.00 for most applicants. From AUD1,955.00 for Prospective Marriage visa (subclass 300) holders. Concessions apply in limited circumstances." The same figure appears in Schedule 1 item 1124B of the Regulations as the base application charge for an applicant who holds a Prospective Marriage (Temporary) (Class TO) visa, is married to the person specified as the intended spouse in that application, and seeks to remain in Australia permanently on the basis of that marriage. Additional applicant charges apply for family members included in the application.
Two consequences follow. The concession is tied to marrying the intended spouse, so a subclass 300 holder who marries or partners someone else falls outside it and pays the ordinary charge. And it covers both stages: the Department says the permanent subclass 801 was paid for when the temporary and permanent applications were made.
Important
fees move. The figures above are as at 23 September 2026. Check the Department's Visa Pricing Estimator for your own circumstances before you lodge, and see 820 visa cost. The Department also says it will not refund the application fee if the application is refused.
Timing the marriage against the visa
The subclass 300 visa has a fixed life. Under clause 300.511 it permits the holder to travel to, enter and remain in Australia until a date specified by the Minister, which must be at least 9 months but not more than 15 months from the date of grant, or 9 months from grant if no date is specified. Your own date is on the grant letter and in VEVO.
Two conditions in Schedule 8 sit on top of that. Clause 300.612 imposes condition 8515 — the holder must not marry or enter into a de facto relationship before entering Australia — and condition 8519 — the holder must enter into the marriage in relation to which the visa was granted within the visa period.
So the sequence is fixed: enter Australia, marry within the visa period, then lodge the 820 and 801. The marriage date is the hard constraint, because a marriage in Australia requires notice to be given to the celebrant in advance — see getting married in Australia. Applying while the subclass 300 visa is still in effect is better than applying after it ceases: you keep substantive status, and a Bridging visa A granted in respect of the application comes into effect when the subclass 300 visa ceases. See Bridging visa A.
If the relationship ends or your partner dies
The Regulations keep the 820 open in defined circumstances, and the Department confirms that subclass 300 holders and former holders may still be eligible if the relationship ends or the partner dies before they apply.
- Clause 820.211(7) — the applicant holds a subclass 300 visa, the sponsoring partner has died, and the applicant satisfies the Minister they would have continued to be that person's spouse or prospective spouse if the death had not occurred. See if your sponsor dies.
- Clause 820.211(8) — the applicant holds a subclass 300 visa and the relationship has ceased, where either the applicant, a family unit member who applied with them, or a dependent child of either or both has experienced family violence committed by the sponsoring partner; or where the applicant has custody, joint custody, access, or a residence or contact order under the Family Law Act 1975 in relation to a child in respect of whom the sponsoring partner has a corresponding order or a maintenance obligation.
- Clause 820.211(9) — the same grounds, for a person who has been the holder of a subclass 300 visa but no longer holds a substantive visa.
Clause 820.221 carries equivalent provisions through to the time of decision. If any of this applies to you, read family violence provisions. The Department publishes guidance on family violence evidence, support services exist, and the time limits in this area are short, so do not wait to get advice.
Where professional help matters here
An application prepared by a migration lawyer is more likely to succeed here, and the reason is that this pathway is unusually exact. Everything hinges on facts that are either true or not: whether the marriage was to the original sponsor, whether it took place inside the visa period, and whether the subclass 300 visa was still in effect on the day the marriage occurred. Those facts decide which subclause of clause 820.211 you apply under, whether Schedule 3 is in play, and whether you pay the concession charge or roughly six times more. They are also the facts people most often get wrong when they lodge the form themselves. No one can promise an outcome, but the difference between the right subclause and the wrong one is not recoverable by argument later.
What to do next
Check the end date and conditions on your subclass 300 visa, then set the marriage date so it falls inside the visa period with room to spare. After the marriage, read how to apply for the 820 visa, gather your relationship evidence, and lodge while the visa is still in effect. If you are weighing the two routes before coming to Australia, see 820 vs the prospective marriage visa.
Common questions
What do I have to do before I can apply for the 820 on a subclass 300 visa?
You have to marry. Clause 820.211(6) of Schedule 2 to the Migration Regulations 1994 requires a subclass 300 holder to have married the sponsoring partner under a marriage recognised as valid for the purposes of the Migration Act 1958, to be sponsored, and to continue to be that person's spouse. You must also be in Australia when you apply.
How much does the 820 cost for a subclass 300 visa holder?
As shown by the Department of Home Affairs on 23 September 2026, the cost is from AUD1,955.00 for Prospective Marriage visa (subclass 300) holders, compared with from AUD11,710.00 for most applicants. Concessions apply in limited circumstances. Fees change, so check the Department's Visa Pricing Estimator for your own situation before you lodge.
Do I need 12 months of de facto relationship?
No. The 12-month requirement in regulation 2.03A applies to applicants who claim to be in a de facto relationship. A subclass 300 holder who has married the sponsoring partner applies as a married spouse under section 5F of the Migration Act 1958, and no minimum period applies. The Department must still be satisfied the relationship is genuine and continuing.
What if my subclass 300 visa expires before I apply for the 820?
There is a specific provision for that. Clause 820.211(5) covers an applicant who is not the holder of a substantive visa, last entered Australia on a subclass 300 visa, married the person they entered Australia to marry, and ceased to hold a substantive visa after marrying. That subclause does not require the Schedule 3 criteria to be satisfied. The Department's own material says an applicant without a substantive visa must show compelling reasons unless they previously held a subclass 300 visa.
What happens if my partner dies or the relationship ends before I apply?
The Regulations keep the pathway open in defined cases. Clause 820.211(7) covers a subclass 300 holder whose sponsoring partner has died, where the applicant satisfies the Minister they would have continued to be that person's spouse or prospective spouse. Clauses 820.211(8) and (9) cover a ceased relationship where there has been family violence committed by the sponsoring partner, or where there are children in the defined custody, access or maintenance situations.
Sources
Keep reading
Lodging in ImmiAccount: Screen-by-Screen
How the 820 partner visa is lodged in ImmiAccount - who should own the account, what the form asks, attaching documents, the TRN, paying, and what happens next.
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The Sponsor's Part of the Application
What the 820 visa sponsor has to lodge - the Sponsorship for a Partner to Migrate to Australia form, when to lodge it, what it asks, and what happens if it is refused.
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Including Dependent Children in Your 820 Application
How to include children in an 820 partner visa application: who counts as a dependent child, what each child needs, consent and custody, and adding a child later.
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