A 300 holder comes to Australia, marries the sponsoring partner, and then applies here for the 820 and 801. If you can already satisfy section 5F as spouses or section 5CB as de facto partners, the 300 has nothing to offer you.
| Subclass 300 (prospective marriage) | Subclass 820 (onshore partner) | |
|---|---|---|
| Who it is for | A person who intends to marry an Australian citizen, permanent resident or eligible New Zealand citizen (clause 300.211) | The spouse or de facto partner of one (clause 820.211) |
| Where you must be at lodgement | Outside Australia (Schedule 1 item 1215) | In Australia, not in immigration clearance (Schedule 1 item 1214C) |
| Where you may be at grant | In or outside Australia, not in immigration clearance (clause 300.412) | In or outside Australia, not in immigration clearance (clause 820.411) |
| What it leads to | A stay of at least 9 and not more than 15 months, within which you must marry the sponsor | The permanent subclass 801 |
| Key conditions | 8515 (must not marry or enter a de facto relationship before entering Australia) and 8519 (must marry within the visa period) | None imposed by Part 820 |
| Base application charge | A$11,710 under Schedule 1 item 1215, as in force on 23 September 2026 | From A$11,710 for most applicants, as shown by the Department on 23 September 2026 |
Who is the subclass 300 actually for?
Couples who genuinely intend to marry and cannot meet the de facto requirement. That second half is what makes the visa useful and what people miss.
A de facto applicant for the 820 or the 309 must normally have been in the de facto relationship for at least the 12 months ending immediately before the application, under regulation 2.03A of the Migration Regulations 1994, unless the relationship is registered or there are compelling and compassionate circumstances. A couple whose relationship is younger than that cannot use the de facto route — and if they are not married, the spouse route is closed too. The 300 exists for exactly that gap.
What the 300 requires is different in kind from a partner visa. The Minister must be satisfied under clauses 300.214 to 300.216 that the parties have met in person since each of them turned 18, that they are known to each other personally, that they genuinely intend to marry, that the marriage is intended to take place within the visa period, and that they genuinely intend to live together as spouses. The applicant must have turned 18 (clause 300.212A) and the prospective spouse must have turned 18 and must sponsor the applicant (clause 300.213). At decision, clause 300.221A requires that there be no impediment to the marriage in Australian law.
How the 300 becomes an 820
The 300 is granted offshore, the holder enters Australia, and the marriage happens here. Condition 8515 requires that the holder not marry or enter into a de facto relationship before entering Australia. Condition 8519 requires the holder to enter into the marriage in relation to which the visa was granted within the visa period — which clause 300.511 sets at a date specified by the Minister that must be at least 9 months and not more than 15 months from grant, or 9 months if no date is specified.
Once married, the applicant lodges the 820 and 801 in Australia. Clause 820.211(6) covers this directly: the applicant holds a subclass 300 visa, has married the sponsoring partner under a marriage recognised as valid for the purposes of the Act, is sponsored by that spouse, and continues to be their spouse. Clause 820.221A removes the usual requirement for sponsorship approval where the applicant is, or has been, a 300 holder seeking to remain permanently on the basis of the marriage to the person named as the intended spouse.
There is also a rule for the applicant whose 300 ran out after the wedding. Clause 820.211(5) allows an 820 application by a person who does not hold a substantive visa, last entered Australia on a subclass 300, has married the person they came to marry, and ceased to hold a substantive visa after that marriage. That route is not subject to the Schedule 3 criteria that clause 820.211(2)(d) applies to other applicants without a substantive visa — which matches the Department's own statement that an applicant who previously held a subclass 300 visa does not have to demonstrate compelling reasons on that basis. See Schedule 3 criteria and moving from a subclass 300 visa.
Key facts
a 300 holder is buying a second application, not a shortcut. The 300 charge and the later 820/801 charge are separate. The reduced charge at the second stage softens that, but a couple who could lodge the 820 or 309 straight away will usually pay less overall by doing so.
The reduced charge at the 820 stage
As at 23 September 2026 the Department of Home Affairs showed the onshore partner visa from A$11,710 for most applicants and from A$1,955 for Prospective Marriage visa (subclass 300) holders. Schedule 1 item 1124B carries that concession: the reduced base application charge applies to an applicant who holds a Prospective Marriage (Temporary) (Class TO) visa, is married to the person specified as their intended spouse in the application for that visa, and seeks to remain in Australia permanently on the basis of that marriage.
The concession is narrower than "anyone who ever held a 300": Schedule 1 sets higher figures for an applicant who has ceased to hold a substantive visa after marrying. Fees are indexed and move, so treat the figure above as dated and check the Visa Pricing Estimator before you pay. See 820 visa cost.
If the relationship ends, or the sponsoring partner dies
The Regulations do not leave a 300 holder stranded. Three provisions keep the partner visa pathway open.
- Clause 820.211(7) — the applicant holds a subclass 300, the sponsoring partner has died, and the applicant satisfies the Minister that they would have continued to be the spouse or prospective spouse of that person had they not died.
- Clause 820.211(8) — the applicant holds a subclass 300, the relationship has ceased, and either the applicant, a family unit member who applied with them, or a dependent child of either partner has experienced family violence committed by the sponsoring partner; or the applicant has custody, joint custody, access, or a residence or contact order under the Family Law Act 1975 relating to a child in whom the sponsoring partner has a corresponding interest or maintenance obligation.
- Clause 820.211(9) — the same grounds for a person who no longer holds a substantive visa but has held a subclass 300.
Clauses 801.221(6AA) and 801.221(6AB) then carry those applicants through to the permanent 801. The Department's own guidance says subclass 300 holders and former holders may still be eligible for the 820 and 801 if the relationship ends or the partner dies before they apply, and that they need to be in Australia to apply.
These are serious claims with evidentiary requirements and short practical timeframes. Family violence provisions and if your sponsor dies set out how the Department assesses them, and support services exist for anyone who is not safe.
One conversion that does exist
Regulation 2.08E covers the couple who marry while the 300 application is still pending. If the applicant marries the person named as their prospective spouse after lodging but before a decision, and the marriage is recognised as valid for the purposes of the Act, the applicant is taken also to have applied for the offshore Partner (Migrant) (Class BC) and Partner (Provisional) (Class UF) visas on the day the Department receives notice of the marriage, and the charge already paid is taken to be payment for the Class BC application. Note the direction: that conversion runs to the offshore 309 and 100, not to the onshore 820. See 820 vs 309.
Where advice earns its cost on this pathway
An application prepared by an immigration lawyer is more likely to succeed here, for reasons particular to the 300. The deadline that is easy to blow is condition 8519 — the marriage has to happen inside a visa period that can be as short as 9 months, and an Australian marriage has its own notice requirements first. The criterion people under-evidence is the intention to marry and to live together as spouses under clauses 300.215 and 300.216, which is not the same material as a partner visa relationship file. And at the second stage, whether the reduced charge applies turns on the precise status the applicant holds when they lodge. No one can promise an outcome.
What to do next
Work out first whether you need the 300 at all. If you could marry and then lodge, or if you can establish a de facto relationship, the direct route is cheaper — see de facto partner requirements and getting married in Australia. If the 300 is genuinely your pathway, plan the wedding date against the visa period before you apply, then read moving from a subclass 300 visa. To weigh all three options side by side, go back to comparing the partner visa options.
Common questions
Is the prospective marriage visa a partner visa?
No. The subclass 300 is a separate temporary visa granted on the strength of an intention to marry. It does not lead to permanent residence by itself. The holder travels to Australia, marries the sponsoring partner within the visa period, and then applies in Australia for the temporary subclass 820 and permanent subclass 801 partner visas.
Can I apply for the prospective marriage visa while I am in Australia?
No. Schedule 1 item 1215 to the Migration Regulations 1994 requires an applicant for the Prospective Marriage (Temporary) (Class TO) visa to be outside Australia. Clause 300.412 then allows the applicant to be in or outside Australia when the visa is granted, but not in immigration clearance, so the location rule bites only at lodgement.
How long does the prospective marriage visa last?
Clause 300.511 of the Migration Regulations 1994 says the visa 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. If the Minister does not specify a date, it runs for 9 months from grant. Condition 8519 requires the holder to enter into the marriage within that visa period.
Do subclass 300 holders pay less for the partner visa?
Yes. As at 23 September 2026 the Department of Home Affairs showed the onshore partner visa from A$11,710 for most applicants and from A$1,955 for holders of a Prospective Marriage visa (subclass 300). Schedule 1 item 1124B sets the reduced base charge for an applicant who holds the subclass 300, is married to the person named as their intended spouse, and seeks to remain permanently on the basis of that marriage. Charges are indexed and change, so check the Visa Pricing Estimator for your own figure.
What happens if my relationship ends or my partner dies while I hold a 300 visa?
The Migration Regulations 1994 keep the pathway open in defined circumstances. Clause 820.211(7) allows a subclass 300 holder to apply for the 820 where the sponsoring partner has died and the applicant satisfies the Minister the relationship would have continued. Clause 820.211(8) allows it where the relationship has ceased and the applicant or a relevant family member has experienced family violence committed by the sponsoring partner, or where child custody, access or maintenance arrangements apply. Clause 820.211(9) extends the same grounds to a former holder who no longer holds a substantive visa.
Sources
- Subclass 820 Partner visa (temporary), Department of Home Affairs
- Migration Regulations 1994, Schedule 1 items 1215 and 1124B and Schedule 2 Parts 300 and 820 (Federal Register of Legislation)
- Current visa pricing (Visa Pricing Estimator), Department of Home Affairs
- Family violence provisions, Department of Home Affairs
Keep reading
820 vs 309: Onshore vs Offshore Partner Visa
The onshore 820 against the offshore 309 — where you must be, the bridging visa, work rights, travel, Medicare, and what happens if you leave Australia.
Read the guide →
Married or De Facto: Which Should You Apply As?
What actually changes if you apply as a married spouse instead of a de facto partner — the 12-month rule, its exemptions, and the four matters that stay the same.
Read the guide →
Partner Visa vs Skilled Visa for Couples
Partner visa or skilled visa when the applicant could qualify either way - what each test actually depends on, how the costs are structured, and where each one ends.
Read the guide →