Prospective Marriage Visa vs Partner Visa Australia: Subclass 300, 309 & 820 Compared
- May 16, 2025
- 5 min read
Updated: Jun 23
Last Updated: 16 March 2026
If you and your partner are not yet in the same country, or not yet married, choosing the right visa subclass is the first decision you need to get right. Apply for the wrong one and you waste money, time, or both.
This guide compares the three most common pathways: Subclass 300, Subclass 309/100, and Subclass 820/801 or Prospective Marriage Visa vs Partner Visa Australia. For a complete overview of the partner visa process, see our partner visa Australia guide.
The Short Answer Prospective Marriage Visa vs Partner Visa Australia
Your situation determines your visa:
Not yet married, partner is overseas → Subclass 300 (Prospective Marriage Visa)
Already married or de facto, you're overseas → Subclass 309/100 (Offshore Partner Visa)
Already married or de facto, you're in Australia → Subclass 820/801 (Onshore Partner Visa)
If you are already in a de facto relationship but not yet married, you cannot apply for Subclass 300. You apply directly for 309 or 820 depending on where you are.
Subclass 300 — Prospective Marriage Visa
Subclass 300 is for engaged couples where one partner is an Australian citizen or permanent resident and the other is overseas.
This is not a partner visa. It is a temporary entry visa that gives you time to enter Australia and get married. Once you marry, you then apply for the onshore partner visa (Subclass 820/801) to stay permanently.
Key facts:
You must be outside Australia when you apply
You must not be married yet at the time of application
The visa is valid for 9 to 15 months — you must marry within that period
Government fee: AUD $9,365 (this does not cover the later 820 application — that is a separate fee)
After marriage, you apply for Subclass 820/801 from within Australia
Who this suits: Engaged couples where one partner needs to travel to Australia to get married before they can apply for a partner visa.
For full details, see our Subclass 300 Prospective Marriage Visa guide.
Subclass 309/100 — Offshore Partner Visa
Subclass 309 is for married or de facto partners who are outside Australia at the time of application. You apply for both 309 (temporary) and 100 (permanent) in one combined application — there is a single government fee of AUD $9,365 covering both stages.
The Department grants 309 first. Approximately two years after your lodgement date, they assess the permanent stage (Subclass 100) — provided your relationship is still genuine and continuing.
Key facts:
You must be outside Australia when you apply
You must be married or in a de facto relationship of at least 12 months
No bridging visa — you wait outside Australia until 309 is granted
Work rights begin once 309 is granted and you enter Australia
Government fee: AUD $9,365 (covers both stages)
Who this suits: Married or de facto couples where the applicant lives overseas and wants to migrate to Australia.
For full details, see our Subclass 309/100 Offshore Partner Visa guide.
Subclass 820/801 — Onshore Partner Visa
Subclass 820 is for married or de facto partners who are already in Australia when they apply. Like the offshore pathway, you lodge both stages (820 temporary and 801 permanent) in one combined application.
If eligible, you receive Subclass 820 first. The Department assesses the permanent stage (Subclass 801) approximately two years after lodgement.
Key facts:
You must be in Australia when you apply
You must be married or in a de facto relationship of at least 12 months
You receive a Bridging Visa A automatically after lodgement — you can stay and work while you wait
Government fee: AUD $9,365 (covers both stages)
Do not leave Australia without applying for a Bridging Visa B first
Who this suits: Married or de facto couples where the applicant is already living in Australia.
For full details, see our Subclass 820/801 Onshore Partner Visa guide.
Side-by-Side Comparison
Relationship status at time of application
Subclass 300: Engaged (not yet married)
Subclass 309/100: Married or de facto (12+ months)
Subclass 820/801: Married or de facto (12+ months)
Location at time of application
Subclass 300: Outside Australia
Subclass 309/100: Outside Australia
Subclass 820/801: Inside Australia
Government fee
Subclass 300: AUD $9,365 + reduced AUD $1,560 fee for the subsequent 820 application
Subclass 309/100: AUD $9,365 (covers both stages)
Subclass 820/801: AUD $9,365 (covers both stages)
Bridging visa
Subclass 300: No
Subclass 309/100: No
Subclass 820/801: Yes — Bridging Visa A granted automatically after lodgement
Work rights while waiting
Subclass 300: No (until you enter Australia on 300, marry, then apply for 820)
Subclass 309/100: No work rights until 309 is granted
Subclass 820/801: Yes — from lodgement via Bridging Visa A
Leads to permanent residence
Subclass 300: Indirectly — via Subclass 820/801 after marriage
Subclass 309/100: Yes — via Subclass 100
Subclass 820/801: Yes — via Subclass 801
The Most Common Mistake
Applying for Subclass 300 when you are already in a de facto relationship.
Subclass 300 is only for couples who are not yet married and do not meet de facto requirements. If you have lived together for 12 months or more, you apply directly for 309 or 820. Applying for 300 in this situation can delay your pathway to permanent residence by a year or more — and cost you an extra application fee.
If you are unsure which pathway applies to your situation, get advice from a registered migration agent before you lodge anything.
Frequently Asked Questions
Can I apply for Subclass 300 if I am already in Australia?
No. You must be outside Australia when you apply for Subclass 300.
What happens if I don't get married before my Subclass 300 expires?
Your visa ceases and you must leave Australia. The marriage must take place before the visa expires.
Can I apply for Subclass 309 if I am in Australia?
No. Subclass 309 requires you to be outside Australia at the time of application. If you are in Australia, you apply for Subclass 820.
Is the government fee for Subclass 300 the same as for 309 or 820?
The Subclass 300 fee is AUD $9,365. After you marry and apply for Subclass 820/801, you pay a reduced fee of AUD $1,560 — not the full $9,365 again — because you have already paid the partner pathway charge.
Do de facto couples pay the same fee as married couples?
Yes. The government fee is AUD $9,365 regardless of whether you are married or de facto.
Not sure which pathway applies to you?
RACC's registered migration agents assess your situation, explain your options, and help you prepare an application that meets Department of Home Affairs requirements. Book a free consultation
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