This is one of the most common points of confusion in Australian family migration matters: a couple with a live Subclass 300 Prospective Marriage visa application hears practitioners talking mostly about the 309 and begins to worry that they have chosen the wrong pathway. In this note, Dr Cyrus Ahmadi, Australian immigration lawyer and registered migration agent with MARA (registration number 0854826), unpacks the legal architecture of all three visas straight from the Migration Regulations and shows that the real difference is not one of “difficulty” at all — it lies in the nature of the relationship, where the applicant is located, and how many assessment stages are involved. The reason the 309 dominates public discussion is simple: 309/100 is the highest-volume family pathway for married couples living outside Australia. That does not make it the better fit for your matter.
The short answer
The Subclass 300 (Prospective Marriage) visa is for couples who are not yet married; the holder must marry during the visa validity period and then apply from within Australia for the 820/801 Partner visa. The Subclass 309 is temporary and the Subclass 100 is permanent; together they serve married or de facto couples applying from outside Australia, assessed in two stages under a single application and a single fee. The 300 is not harder — it simply has different evidentiary criteria.
What the law says
All three visas are defined in the Migration Regulations 1994, in Schedule 2 of those Regulations, and their criteria can be traced by clause number. The foundational definitions of “spouse” and “de facto partner” appear in sections 5F and 5CB of the Migration Act 1958 and in regulations 1.09A and 1.15A.
Subclass 300 — Prospective Marriage (temporary): The official Department of Home Affairs page (updated mid-2026) states the character of this visa plainly: This visa lets you come to Australia to marry your prospective spouse, then apply for permanent residence. In other words, the 300 never converts into permanent residence of its own accord; it is a legal bridge. Its specific criteria are set out in Part 300, including clause 300.212A, which provides that the applicant has turned 18, and clause 300.212, which sets the limits on a prospective spouse’s capacity to sponsor — the applicant’s prospective spouse is not prevented by this clause from sponsoring the applicant. These are followed by clauses 300.213 (sponsor’s age), 300.214(1) (having met in person after both parties turned 18), and 300.215 and 300.216 (genuine intention to marry within the visa period and intention to live together as spouses).
Subclass 309 and Subclass 100 — offshore Partner visas: The Department draws an express distinction between the two. This visa lets the partner or spouse of an Australian citizen, permanent resident or eligible New Zealand citizen live in Australia temporarily. It is the first step to the permanent Partner visa (subclass 100), whereas this visa lets you live in Australia permanently. The applicant must be outside Australia when you apply for this visa. The two-stage structure is also spelled out in the Department’s own material: Getting the permanent Partner visa (subclass 100) is a two-step process. To be eligible, you must first be granted the temporary Partner visa (subclass 309); and the temporary visa (subclass 309) lets you stay in Australia until a decision is made on your permanent visa, and the subclass 100 visa lets you stay permanently. The point most often misunderstood is this: “one application and one fee” does not mean “one assessment stage”. The permanent stage is assessed separately, on up-to-date relationship evidence.
The waiting period before the permanent stage: The two-year rule appears on the Partner visa FAQ page (updated in late September 2026): If you hold a temporary Partner visa (subclass 309 or 820), two years must have passed from the date you applied for that visa before you are eligible to be assessed for the permanent visa. The important exception is a “long-term relationship”, provided for in clause 100.221(5) of Schedule 2, which — where established — allows the permanent visa to be granted before the two-year period has elapsed.
The 12-month requirement on the de facto pathway: Where the 309 is based on a de facto relationship rather than marriage, the general rule is that the de facto relationship must have existed for at least 12 months. Registration of the relationship in an Australian state or territory, or the exceptional circumstances prescribed in regulation 2.03A, can displace that requirement. By contrast, the Subclass 300 imposes no minimum period of cohabitation at all — and this is one of the reasons why, for many Iranian couples, the 300 is in practice the simpler evidentiary pathway, not the harder one.
Where a 300 holder goes next: After marrying in Australia, the next step is not the 309; the applicant lodges the 820/801 combination from within Australia. Conversely, Australian migration law contains no mechanism for “converting” a live 300 application into a 309/100. A couple who decide to marry outside Australia must lodge a fresh, standalone 309/100 application from offshore — because you must be outside Australia when you apply for this visa. That means a new application, new evidence, and a separate payment.
Processing priorities: Processing speed is governed by declared policy, not guesswork. Partner visa applications are processed in accordance with Ministerial Direction 117. They are generally assessed in the order they are received, with the highest priority given to onshore Partner visa applications (subclass 820 and 801), while offshore applications for the Prospective Marriage visa (subclass 300) and Partner visas (subclass 309 and 100) are given lower priority. The actual days and months for each subclass must be taken from the Global visa processing times page: this guide provides an estimate based on how long recently decided applications took, and does not guarantee that your application will be decided within that timeframe, and it is updated monthly.
Fees: The fee structure on the 300 pathway is two-stage — the base application charge for the 300, followed by a reduced charge at the 820/801 stage for 300 holders — whereas on the 309/100 pathway a single charge covers the entire pathway. The exact figure must be confirmed as at the date of lodgement, because the Department of Home Affairs emphasises that visa prices change from time to time, the price you pay depends on the date we receive your application, and if the price increases between the date you lodge and the date we receive it, you will need to pay the new price. The official tools for this are clear: the Visa Pricing Estimator gives you a base price estimate based on the information you enter at the time, and alongside it the current visa pricing table is grouped by your purpose for being in Australia.
The three visas at a glance
| Criterion | Subclass 300 (Prospective Marriage) | Subclass 309 (temporary) | Subclass 100 (permanent) |
|---|---|---|---|
| Nature of the visa | Temporary | Temporary/provisional | Permanent |
| Relationship status | Engaged — not yet married | Married or de facto | Married or de facto (relationship continuing) |
| Applicant’s location at time of application | Outside Australia | Outside Australia | Same application as the 309 |
| Number of applications and fees | 300 application + a new 820/801 application at a reduced charge | One application, one fee, two assessment stages | |
| Route to permanent residence | Marry within the visa period ← then 820 ← then 801 | ← | Permanent-stage assessment |
| Declared processing priority | Higher priority for onshore 820/801; lower priority for offshore 300 and 309/100 | ||
The Subclass 300 requirements you should be documenting from day one
- Applicant’s age: having turned 18, under clause 300.212A — the applicant has turned 18.
- Sponsor’s age and eligibility: the prospective spouse, who is also the sponsor, must be 18 or older (300.213) and must not be legally barred from sponsoring (300.212).
- Meeting in person: clause 300.214(1) requires that the couple have met in person and are personally known to each other after both turned 18; a relationship conducted solely online will not satisfy this requirement.
- Evidence of intention to marry: a letter from a registered marriage celebrant confirming the ceremony date and the lodgement of the NOIM (Notice of Intended Marriage) is, in most matters, the central and sufficient document.
- Intention to live together: clauses 300.215 and 300.216 require both a genuine intention to marry within the visa period and an intention to live together as spouses.
- Marrying within the visa period: the marriage must take place before the Subclass 300 visa ceases, so that the 820/801 pathway remains open.
- Applicant’s location: being outside Australia both when the application is lodged and when the visa is granted.
- Health and character: the public interest criteria, medical examinations, and police certificates from each country of residence.
What this means for you
If your matter sits under a Subclass 300 application today, you are not on the wrong pathway. As Dr Cyrus Ahmadi explains, choosing between the 300 and the 309 is not a choice between “easy” and “hard”; it is a legal choice driven by the status of the relationship as at the date of lodgement. A couple who are not yet married and cannot demonstrate 12 months of cohabitation simply cannot lodge a 309 as a matter of law; for them the 300 is the only open door — and, in practice, the least burdensome evidentiary route. The fact that the 309 features more prominently in public discussion merely reflects the sheer volume of married couples in the family migration queue; it says nothing about the strength of your case.
Three practical steps that will materially strengthen your application. First, lock in your ceremony date and lodge the NOIM earlier than you think you need to, because the celebrant’s letter is the backbone of proving your intention to marry. Second, do not assume you can “switch” a 300 application to a 309 mid-assessment; if you decide to marry overseas, a standalone 309/100 application must be lodged from outside Australia, and that decision must be made before the marriage takes place and with legal advice. Third, do not accept any figure — whether cost or timeframe — from unofficial sources; take the fee from the Visa Pricing Estimator as at your lodgement date, and the timeframe from the Global visa processing times page, because these times are updated monthly.
Our practical experience is that Subclass 300 matters behave very predictably when the evidence is assembled in the right order — age, meeting in person, the NOIM, and documentation of the intention to live together. Your peace of mind comes from knowing that order, not from changing visas.
Sources
- Subclass 300 Prospective Marriage visa — Department of Home Affairs (updated: approx. August 2026): immi.homeaffairs.gov.au
- Partner Visa Frequently Asked Questions (FAQs) — Department of Home Affairs (updated: approx. September 2026): immi.homeaffairs.gov.au
- Family Migration program — About partner visas — Department of Home Affairs (2026): immi.homeaffairs.gov.au
- Subclass 309 Partner (Provisional) visa — Department of Home Affairs (updated: approx. September 2026): immi.homeaffairs.gov.au
- Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100) — Department archive page: archive.homeaffairs.gov.au
- Migration Regulations 1994 — Schedule 2 (Part 300 and Part 100 clauses) — AustLII: classic.austlii.edu.au
- Global visa processing times — Department of Home Affairs (updated monthly; latest: September 2026): immi.homeaffairs.gov.au
- Visa pricing estimator — Department of Home Affairs: immi.homeaffairs.gov.au
- Fees and charges for visas — Department of Home Affairs (updated: approx. September 2026): immi.homeaffairs.gov.au
- Current visa pricing table — Department of Home Affairs (updated: approx. July 2026): immi.homeaffairs.gov.au
Your matter already has a wedding date — let’s make sure the legal side is ready on time too
If your Subclass 300 application is on foot and you are unsure how to assemble the celebrant’s letter, the NOIM and the evidence of having met in person; or if you are caught between lodging a 300 and a 309/100; or if you have married and don’t know when — or with what evidence — to apply for the 820/801, one hour of specialist review can spare you months of back-and-forth and a second payment of government charges. Dr Cyrus Ahmadi, Australian immigration lawyer and registered migration agent with MARA (number 0854826), will map your matter clause by clause against Schedule 2 of the Migration Regulations and give you a clear roadmap — with dates, documents and the order in which to act. For advice tailored to your circumstances, have your details ready (lodgement date, relationship status, ceremony date and current visa status) and contact our office.
Frequently asked questions
Is the Subclass 300 visa harder to get than the Subclass 309?
No. The 300 is not harder — it has different criteria. It is designed for engaged couples and, instead of proving a history of living together, requires evidence of a genuine intention to marry (through the celebrant’s letter and the lodged NOIM), that the couple have met in person after both turned 18, and that they intend to live together as spouses. By contrast, a 309 based on a de facto relationship generally requires 12 months of relationship history. For a couple who are not yet married, the 300 is the only lawful pathway.
Is the Subclass 309 a one-stage visa?
No. The 309/100 pathway has two stages: the temporary 309 is granted first, and the permanent Subclass 100 visa is assessed afterwards. What is true is that you lodge one application and pay one charge — but the permanent stage is assessed separately, on up-to-date relationship evidence. According to the Department’s published position, two years must have passed from the date the temporary visa application was lodged before you are eligible for the permanent stage, unless the relationship qualifies as “long-term” under clause 100.221(5).
Can I change my live Subclass 300 application into a Subclass 309 Partner visa?
Australian migration law provides no mechanism for converting a 300 application into a 309/100. A 309 applicant must be outside Australia at the time of application, which means a couple who decide to marry overseas must lodge a standalone 309/100 application with its own evidence and its own charge. That decision must be made before the marriage takes place and with legal advice, because marrying before the decision is made can cast doubt on whether the Part 300 criteria are satisfied.
After marrying on a Subclass 300 visa, which visa do I apply for?
The onshore Partner visa 820/801 — not the 309. A 300 holder must marry before the visa ceases and then lodge an 820/801 application from within Australia; the 820 is the temporary stage and the 801 the permanent stage. A reduced charge applies at this stage for 300 holders, and the current figure should be taken from the Department of Home Affairs Visa Pricing Estimator as at the date of lodgement.
How long do the Subclass 300 and 309 visas take to process?
The precise figure should only be taken from the Department of Home Affairs Global visa processing times page, which is updated monthly and provides an estimate based on recently decided applications, without any guarantee. At the policy level, Partner visa applications are processed in accordance with Ministerial Direction 117, with the highest priority given to onshore 820/801 applications, while offshore 300 and 309/100 applications are given lower priority.
How do the fees for the Subclass 300 compare with the 309/100?
The fee structure differs: on the 309/100 pathway a single charge covers the whole two-stage process, whereas on the 300 pathway you pay the 300 charge first and then the reduced charge at the 820/801 stage. The Department of Home Affairs emphasises that visa prices change from time to time and that the amount payable depends on the date your application is received, so the reliable figure must be taken from the Visa Pricing Estimator and the current visa pricing table.
This answer reflects the law and policy as verified on October 8, 2026. Immigration rules change frequently — confirm the current position before acting.
Dr. Sirous Ahmadi Registered Migration Agent 0854826
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.