Subclass 300 vs 309 vs 820 in 2026: Which Partner Visa Should You Apply For?

Updated 2026-09-28 · General information, not migration advice · Run by the Arrivau team

If you are choosing between subclass 300, subclass 309 and subclass 820, the answer turns on two things about you: whether you are married yet, and where you will be when the application goes in. If you are not married, the Prospective Marriage visa (subclass 300) is the route designed for you — it lets you enter Australia, marry, and then move to the Partner visa (subclasses 820 and 801). If you are already married, subclass 300 is closed to you and the choice becomes a Partner visa: subclass 309 together with subclass 100 when you are outside Australia, or subclass 820 together with subclass 801 when you are in Australia. This reflects the Australian Department of Home Affairs' official Prospective Marriage visa (subclass 300) page as at July 2026, which is also the page that explains how subclass 300 connects to the partner visa stream.

What follows is general information about how these subclasses fit together, not advice on your individual circumstances — where a decision depends on your own facts, the official pages and a registered professional's opinion should outweigh any summary. Because subclass 300 is where the detailed official material sits, this guide goes deepest on subclass 300 and on the choice points around it, and points you to the separate official pages for the finer rules of subclass 309/100 and subclass 820/801.

Married or not married: which stream do you start in?

Marital status is the first and most decisive split. Subclass 300 is the only one of the three built for people who are not yet married; its purpose is to let you come to Australia to marry your prospective spouse. Once you are married, you are no longer eligible for it — the department states plainly that marrying before a decision is made removes your eligibility.

The criteria in the Migration Regulations 1994 for subclass 300 include that you intend to marry an Australian citizen, Australian permanent resident or eligible New Zealand citizen; that you are at least 18 and your prospective spouse, who sponsors you, is also at least 18; that the two of you have met in person since each of you turned 18 and know each other personally; that you genuinely intend to marry and intend the marriage to take place within the visa period; and that you genuinely intend to live together as spouses. Departmental guidance treats telephone and online contact as not satisfying the "met in person" requirement — it means physical presence. For the current wording of these provisions, the official Home Affairs pages and the legislation register are the reference.

So the unmarried reader has one realistic starting point. Suppose an applicant is engaged to an Australian permanent resident, has already met them in person, and wants to hold the wedding in Australia: subclass 300 is the stream that fits. Suppose instead the same couple has already registered their marriage overseas — then subclass 300 is not available, and the question becomes which partner visa to use.

Inside or outside Australia: which subclass follows?

Location decides the married route, and it also constrains subclass 300 itself. Subclass 300 must be applied for while you are outside Australia, and any family members applying with you must also be outside Australia. You lodge online through ImmiAccount.

For married couples, the offshore pair is the Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100), while the onshore pair is the Partner visa (subclasses 820 and 801). In practice, a married applicant outside Australia is looking at subclass 309 together with subclass 100, and a married applicant in Australia is looking at subclass 820 together with subclass 801 — one application, considered against both subclasses in the pair.

For someone who came in on subclass 300, the onshore pair is the natural next step: the official page directs couples who want to settle in Australia to apply for the Partner visa (subclasses 820 and 801) after they are married and before the subclass 300 visa ends. The detailed eligibility rules and evidence expectations for subclass 309/100 and subclass 820/801 sit on their own Home Affairs pages, which are listed at the end of this article.

What does subclass 300 actually let you do in Australia?

Subclass 300 is a temporary visa whose practical value is that it puts you in Australia, lawfully, ahead of the wedding.

You can live, work and study in Australia for the period on your grant letter, which the department sets at 9 to 15 months from the visa grant date.
You can travel to and from Australia as many times as you want while the visa is valid.
If you are outside Australia when the visa is granted, you must enter before the first entry arrival date stated in your grant letter.
Your visa is digitally linked to your passport; no visa label is placed in it.
You can include members of your family unit who apply with you, provided they are outside Australia and meet health and character requirements. A dependent child can also be added after you lodge but before a decision is made, as long as the child is outside Australia.

The department recommends taking out health insurance, because without it you are personally liable for the cost of any medical treatment you need in Australia, and some countries have reciprocal healthcare agreements that change the picture.

How long do you have to marry, and what conditions attach?

You must enter Australia on the visa before the date specified in your grant letter, and you must marry your prospective spouse before the visa expires. The department notes that you can marry in any country as long as the marriage is valid under Australian law.

The conditions attached to subclass 300, drawn from the regulations and departmental policy guidance, include condition 8515 (not marrying or living together before first entry) and condition 8519 (marrying within the visa period), with condition 8502 available as an optional condition. Because the exact conditions depend on your grant, your grant letter and the current official guidance are what govern your case. If the relationship ends, there is a Notification of Relationship Cessation form in ImmiAccount; and it is worth stating plainly that forced marriage is a crime in Australia.

After the wedding: moving to subclass 820 and 801

If you and your spouse want to settle in Australia, the next application is the Partner visa (subclasses 820 and 801), made after you are married and before your subclass 300 visa ends. There is a separate fee for this application too.

Timing affects cost as well as status: you pay less for the Partner visa if you marry your prospective spouse and apply for it before your subclass 300 visa ends. That is one reason the 9-to-15-month window matters — it is not only a deadline for the wedding, but also the window in which the cheaper transition is available.

You and anyone applying with you must have a sponsor when you lodge and while you hold the visa. Your sponsor applies after you lodge, using the transaction reference number you pass to them. You can be in or outside Australia when the subclass 300 decision is made.

What if you marry before your subclass 300 is decided?

This is the point at which the 300 path turns into the offshore married path. If you marry before the department decides your subclass 300 application, you are no longer eligible for it.

The process set out on the official page is to sign into ImmiAccount, go to the "Update details" tab and choose the "Change in situation" option, then attach evidence that the marriage is valid (a registered marriage certificate issued by the relevant legal authority), a request to be considered for the Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100), and a statement that you want to withdraw the subclass 300 application. Notification is completed through the Partner Processing Enquiry Form. If you do not withdraw the application, it will be refused, because you no longer meet the eligibility requirements.

In other words, "marry first and apply for 309" is not a different philosophy from subclass 300 — it is what the system asks you to do if the wedding happens while the subclass 300 application is still live.

What does a subclass 300 application ask you to prepare?

Applications are lodged in ImmiAccount by selecting "New application", then "Family", then "Stage 1 – Partner or Prospective Marriage Visa". You pay the charge, submit, give your transaction reference number to your sponsor, and attach your supporting documents.

On evidence, the department asks for proof of your relationship with your prospective spouse, of any former relationships, and of any dependants. Identity documents include a birth certificate showing both parents' names (or, if you cannot provide one, a family book, government identity document, court-issued document or family census register), the photo and personal details pages of your current passport, a national identity card if you have one, and proof of any name change. Non-English documents need English translations; translators in Australia must be accredited by the National Accreditation Authority for Translators and Interpreters, while translators outside Australia do not have to be accredited but must include their full name, address and telephone number, and qualifications and experience in the language they are translating, with those details stated in English. Documents are scanned or photographed in colour, do not need to be certified, and are capped at 100 attachments per person — a limit that cannot be raised, although further documents can be attached to another applicant on the same application.

Health and character checks run alongside this. You need health examinations, and the results are valid for 12 months from when you complete them, while any health undertaking you are asked to sign is valid for 6 months; the department cannot grant the visa without a valid health assessment. For character, you need a police certificate from every country where you spent a total of 12 months or more during the last 10 years since you turned 16, plus military service records if you served. Australian police certificates are only accepted as complete disclosure National Police Certificates from the Australian Federal Police, and are needed if you spent 12 months or more in Australia in that same period. Police certificates are valid for 12 months from their issue date, and new checks are required if more than 15 months has passed since an AFP certificate was issued. Form 80 is completed and attached. Because health results expire, the department suggests checking its published visa processing times before deciding when to complete your examinations.

What does it cost, and is any of it refundable?

There is a visa application charge for the main applicant and a fee for each family member who applies with you; the department cannot process the application if the correct charge is not paid, and concessions apply in limited circumstances. On top of that sit costs the visa charge does not cover — health checks, police certificates and biometrics — and the department points applicants to its Visa pricing estimator to work out the total for their family, noting that the estimator excludes those extra costs. A later fee for the Partner visa (subclasses 820 and 801) should be budgeted for as well, reduced if you marry and apply before the subclass 300 visa ends.

From 1 July 2026, a lower visa cost applies to eligible Pacific Island and Timor-Leste citizens who lodge a valid application. Eligibility is recognised through a valid passport from one of the specified countries: the Federated States of Micronesia, Fiji, Kiribati, Nauru, Palau, Papua New Guinea, the Republic of the Marshall Islands, Samoa, Solomon Islands, Timor-Leste, Tonga, Tuvalu and Vanuatu. Family members are also eligible for the lower cost, based on the passport of the primary applicant.

If the application is refused, the fee is not refunded. The department will tell you in writing why it refused the visa and whether you have a right to a review of the decision.

Frequently Asked Questions

Can I apply for subclass 300 if I am already married?

No. Subclass 300 is for people who intend to marry, so a marriage removes your eligibility for it. If you marry before the department decides your application, the department expects you to withdraw it and ask to be considered for subclass 309 and subclass 100 instead.

Do I have to get married in Australia on a subclass 300 visa?

You must enter Australia on the visa before the first entry arrival date in your grant letter, and you must marry before the visa expires. The department notes that a marriage can take place in any country provided it is valid under Australian law, and the conditions attached to your own grant govern the detail.

How long can I stay, and can I work on subclass 300?

Subclass 300 is temporary and allows you to live, work and study in Australia for 9 to 15 months from the visa grant date, with the exact period set out in your grant letter. You can also travel to and from Australia as many times as you like while the visa is valid.

Can I apply for subclass 300 from inside Australia?

No. You must be outside Australia when you apply, and any family members applying with you must also be outside Australia. You can be either inside or outside Australia at the time the department makes its decision.

What happens if I marry while my subclass 300 application is still being processed?

You are no longer eligible for subclass 300 and must update your situation in ImmiAccount, attaching a registered marriage certificate, a request to be considered for subclass 309 and subclass 100, and a statement withdrawing the subclass 300 application. If you do not withdraw it, it will be refused.

Can I add my child after I lodge a subclass 300 application?

Yes. A dependent child can be added before the department makes a decision, as long as the child is outside Australia. This is done by completing and attaching Form 1436 and then notifying the department through the Partner Processing Enquiry Form.

Do I need a sponsor for subclass 300?

Yes. You and anyone applying with you must have a sponsor both when you lodge and while you hold the visa. Your sponsor applies after you lodge, using the transaction reference number you give them.

Will I get my money back if the application is refused?

No. The department does not refund the application fee when it refuses an application. You will be told in writing why the visa was refused and whether you have a right to a review of the decision.