Prospective Marriage visa vs partner visa: comparing the 300 with the 309/100 and 820/801 on cost, time and risk
The Prospective Marriage visa and the 309 partner visa each cost AUD 11,710 from 1 July 2026, but the 300 is decided sooner (14 months for 50% of applications, against 21 months) and is followed by an AUD 1,955 820/801 charge. The 300 is for a couple who are engaged and not yet married; the 309/100 is for a couple who are already married or have been de facto partners for 12 months, subject to the exceptions in regulation 2.03A of the Migration Regulations 1994. Both are applied for from outside Australia and, since 25 July 2026, both sit in the lower-priority group under Ministerial Direction 117, as explained by Home Affairs’ family visa processing priorities page. A married or de facto couple already in Australia applies for the 820/801 there, in the highest-priority group, unless a condition such as 8503 on the current visa stops them. Home Affairs’ no-further-stay waiver page, updated 24 September 2026, does not accept marriage as a reason to waive condition 8503. The charges above are from Home Affairs’ current visa pricing as at 3 October 2026, and the processing figures are from its global visa processing times on that date; the AUD 1,955 charge assumes the 300 holder marries the sponsor and applies before the 300 ends.
As at 3 October 2026
| Label | Value |
|---|---|
| Fiancé route total (300 + 820/801), one applicant | AUD 13,665 |
| Offshore partner visa (309/100), one applicant | AUD 11,710 |
| Processing, 50% of applications | 300: 14 months · 309: 21 months · 820: 22 months |
| Priority under Direction 117 | 300 and 309/100 lower · 820/801 highest |
| Permanent stage opens | 2 years after the partner-visa (820/801 or 309/100) application |
Home Affairs’ current visa pricing supplies the charges; AUD 13,665 is calculated as AUD 11,710 + AUD 1,955, for one applicant using the married-current-300-holder band. Home Affairs’ global visa processing times supplies the processing figures, and its Partner visa FAQs explains the Direction 117 groups. The permanent-stage timing comes from clauses 801.221 and 100.221 of the Migration Regulations 1994, with an earlier-assessment exception for long-term relationships.
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST in professional fees, separate from the Home Affairs visa application charges.
Four routes side by side — as at 3 October 2026
| 300, marry, then 820/801 | Marry first, then 309/100 | De facto 820/801 (in Australia) | Visitor visa, marry, then 820/801 | |
|---|---|---|---|---|
| Who it suits | An engaged couple who have met in person since both turned 18 and genuinely intend to marry within the visa period; applicant outside Australia | A married couple, or de facto partners of 12 months unless an exception applies; applicant outside Australia | De facto partners of 12 months unless an exception, such as registration, applies; applicant in Australia without a condition preventing further stay | A genuine temporary visitor who later qualifies for the partner visa; not a visa designed for permanent migration through a wedding |
| Where you apply | 300 outside Australia; 820/801 in Australia after the wedding | Outside Australia | In Australia | Visitor Tourist stream price below assumes an application outside Australia; 820/801 in Australia |
| Charge | AUD 11,710 + AUD 1,955 = AUD 13,665, calculated for one applicant who marries the sponsor and lodges before the 300 ends | AUD 11,710 | AUD 11,710, standard charge | AUD 11,710 for the 820/801, plus the visitor visa: from AUD 250 for a Tourist stream application outside Australia. No combined route total is given |
| Processing (50% / 90%) | 300: 14 / 26 months; then 820: 22 / 30 months | 309: 21 / 32 months | 820: 22 / 30 months | 820: 22 / 30 months; no visitor processing figure supplied here |
| Priority under Direction 117 | 300 lower; 820/801 highest | Lower | Highest | Highest for the 820/801 |
| When permanent residence becomes possible | 801 assessed from 2 years after the 820/801 application, lodged after the 300 grant and wedding | 100 assessed from 2 years after the 309/100 application | 801 assessed from 2 years after the 820/801 application | 801 assessed from 2 years after the 820/801 application |
| Main risk | Marriage within the visa period (8519); no extension; no marriage before first entry on the granted 300 (8515); lodge the 820/801 before the 300 ends | Marriage must be valid for visa purposes under Migration Act 1958 section 12 | The 12-month rule; dating or online time might not count | Condition 8503 blocks the onshore partner application unless waived first; marriage is not a waiver ground |
Charges from 1 July 2026 are from Home Affairs’ current visa pricing, checked 3 October 2026; the visitor price is its live Tourist stream price on that date. Processing data is from Home Affairs’ global visa processing times, as at 3 October 2026, and priority is under Ministerial Direction 117, effective 25 July 2026. Eligibility, location, visa-period and condition rules are in the Migration Regulations 1994; marriage validity is governed by the Migration Act 1958. Home Affairs’ no-further-stay waiver page states that marriage is not a waiver reason.
Permanent-stage exception: under clause 801.221(6A), clause 100.221 and the long-term partner relationship definition in the Migration Regulations 1994, earlier assessment is possible where the relationship at application has lasted 3 years, or 2 years with a dependent child of both partners. Opening the permanent stage is not the same as receiving permanent residence.
Is a Prospective Marriage visa better than a partner visa?
Yes, if you are engaged but neither married nor eligible as de facto partners: the 300 is the better fit because it provides a route based on an intended marriage, under clauses 300.211–300.216 of the Migration Regulations 1994. If you are already married, the partner visa is the relevant route. Using Home Affairs’ charges as at 3 October 2026, the standard 309/100 route costs AUD 1,955 less in application charges for one person: AUD 11,710 rather than the calculated AUD 13,665 for the 300 followed by the reduced-charge 820/801.
The 300 has the shorter first decision wait in Home Affairs’ global visa processing times as at 3 October 2026: 14 / 26 months for 50% / 90% of applications, against 21 / 32 months for the 309. But clause 801.221 of the Migration Regulations 1994 starts the usual two-year permanent-stage clock at the later 820/801 application, not at the 300 application.
The choice turns on relationship status first, then where the applicant is, then cost and time.
What the fiancé visa Australia requires of each of you is set out on the main page.
What 'marriage visa' means in Australia
“Marriage visa” is a searcher’s term, not an official visa name; it points to two kinds of visa. Home Affairs’ Prospective Marriage visa (subclass 300) page, updated 10 August 2026, describes a visa to come to Australia and marry a prospective spouse. Its About partner visas page, updated 30 September 2026, distinguishes the partner routes for married or de facto couples: 309/100 applied for outside Australia, and 820/801 applied for in Australia.
So “marriage-based visa”, “spouse visa” and “wedding visa” do not identify a separate subclass: the right official name depends on whether the couple intends to marry or already qualifies as partners. Smartraveller’s Getting married overseas page, updated 18 August 2026, confirms that marrying an Australian citizen does not itself give a visa or citizenship.
For the 300, clauses 300.214–300.216 of the Migration Regulations 1994 require meeting in person since both turned 18, a genuine intention to marry within the visa period and an intention to live together as spouses. For a partner visa based on marriage, section 5F(2) of the Migration Act 1958 requires a marriage valid for migration purposes, mutual commitment, a genuine and continuing relationship, and living together or not permanently apart.
What each marriage visa costs (300, 309/100, 820/801)
A marriage visa in Australia costs AUD 11,710 for the main applicant from 1 July 2026, whether it is the 300, the 309/100 or the standard 820/801, except that a married 300 holder pays AUD 1,955 for the 820/801 if lodging before the 300 ends, according to Home Affairs’ current visa pricing, checked 3 October 2026.
The following application charges are from Home Affairs’ pricing as at 3 October 2026, effective from 1 July 2026, and the relevant Schedule 1 items of the Migration Regulations 1994.
| Visa | Main applicant | Each extra 18+ | Each extra under 18 |
|---|---|---|---|
| Prospective Marriage visa (300) | AUD 11,710 | AUD 5,860 | AUD 2,935 |
| Partner visa, outside Australia (309/100) | AUD 11,710 | AUD 5,860 | AUD 2,935 |
| Partner visa, in Australia (820/801), standard | AUD 11,710 | AUD 5,860 | AUD 2,935 |
| 820/801 for a married 300 holder, lodged before the 300 ends | AUD 1,955 | AUD 980 | AUD 485 |
| 820/801 for an eligible former 300 holder, married before it ended and lodging after | AUD 2,475 | AUD 1,235 | AUD 625 |
The former-holder band has further conditions: Home Affairs’ 820 page and clause 820.211(5) require, among other things, no substantive visa at lodgement, last entry on the 300 and marriage to the intended spouse before the substantive visa ceased. It is not a general late-lodgement price available to every former holder.
A valid passport from a listed Pacific-regional country, including Timor-Leste, gives access to the concession under Schedule 1 of the Migration Regulations 1994 from 1 July 2026: AUD 9,600 for the main applicant on the 300, 309/100 or standard 820/801. Separate concession bands apply to current and former 300 holders.
The Migration Regulations 1994 provides one combined application charge for the 820 and 801, paid through the 801 application, and one for the 309 and 100, paid through the 100 application. A married current 300 holder does not ordinarily pay the full standard partner charge again.
The full Prospective Marriage visa cost, with the route total and the other costs, is on its own page.
Fiancé visa or spouse visa: which is faster?
The fiancé visa (300) is decided faster than the offshore spouse visa (309) in Home Affairs’ global visa processing times as at 3 October 2026: 14 months for half of applications against 21 months, and 26 against 32 months for 90%. These are figures for recently decided applications, not a promised decision date.
Home Affairs’ global visa processing times, checked 3 October 2026, gives the waits below. Its 300 and 309 pages permit travel on another visa while an application is pending, provided the applicant keeps a valid visa throughout the stay.
| Route | First visa decided, 50% / 90% | Where the applicant waits | Next wait |
|---|---|---|---|
| 300 | 14 / 26 months | Outside Australia, or in Australia on another valid visa | 820: 22 / 30 months, after applying in Australia |
| 309 | 21 / 32 months | Outside Australia, or in Australia on another valid visa | 100: 9 / 21 months from eligibility |
| 820, married or de facto | 22 / 30 months | In Australia after applying there; grant location rules are below | 801: 8 / 19 months from eligibility |
Permanent-stage processing starts from eligibility, rather than from the original combined application, according to Home Affairs’ global visa processing times.
Home Affairs’ Partner visa FAQs and family visa processing priorities page, both updated 25 September 2026, place the 300 and 309/100 in the lower-priority group under Direction 117 and the 820/801 in the highest-priority group. Priority affects the queue, but does not by itself explain the difference between the 300 and 309, which share a group.
The month-by-month figures and what they mean for a wedding date are under fiancé visa Australia processing time.
Where you must be to apply and to be granted
The 300 and 309 require an application outside Australia; the 820 requires an application in Australia. The Migration Regulations 1994 does not require the applicant to be outside Australia when the 300 or 309 is granted.
Under the Migration Regulations 1994, as checked on 3 October 2026:
| Visa | When you apply | When it is granted |
|---|---|---|
| 300 | Outside Australia; family applying too must be outside — Schedule 1 item 1215(3)(b) | In or outside Australia, not in immigration clearance — clause 300.412 |
| 309 | Outside Australia; family applying too must be outside — item 1220A(3)(b) | In or outside Australia, not in immigration clearance — clause 309.412 |
| 100 | Applied for with the 309 | In Australia, not in immigration clearance, or outside Australia — clause 100.411 |
| 820 | In Australia; family applying too must be in Australia — item 1214C(3)(c) | In or outside Australia, not in immigration clearance — clause 820.411 |
| 801 | Applied for with the 820 | In Australia, not in immigration clearance, or outside Australia — clause 801.411 |
These locations concern application and grant, not permission to travel or re-enter on a particular visa.
Home Affairs’ 309 page, updated 24 September 2026, allows travel to Australia on another visa while the application is pending, with a valid visa maintained for the whole stay. Its 300 page, updated 10 August 2026, gives the same valid-visa requirement for a pending 300 applicant.
300 vs de facto partner visa: the 12-month rule
A de facto-based partner application for the 820 or 309 requires the relationship to have existed for 12 months immediately before application, and both partners must be 18 or older, under regulation 2.03A(2)–(3) of the Migration Regulations 1994, unless a specified exception applies.
Regulation 2.03A provides these exceptions to the 12-month requirement:
- Compelling and compassionate circumstances.
- The humanitarian-partner exception: a partner of a permanent humanitarian visa holder who declared the relationship before that grant, or a partner of an applicant for such a visa.
- A registered relationship: registration with an Australian state or territory authority removes the 12-month requirement.
Registration removes the waiting-period requirement; it does not replace the need to establish a genuine de facto relationship under section 5CB of the Migration Act 1958.
Home Affairs’ 820 page, updated 24 September 2026, says time spent dating or in an online relationship might not count as de facto time. By comparison, clauses 300.211–300.216 of the Migration Regulations 1994 set no minimum relationship duration for the 300—a conclusion drawn from those criteria—but require meeting in person since both turned 18 and a genuine intention to marry within the visa period.
300 vs a visitor-visa wedding
The risk is not the wedding but what follows it. The Attorney-General’s Department’s Get married page, updated 13 June 2024, says Australian citizenship or permanent residence is not required to marry in Australia, and directs non-citizens wanting to stay to visa information.
Condition 8503, where imposed, prevents the holder from being granted a substantive visa other than a protection visa while remaining in Australia, under Schedule 8 of the Migration Regulations 1994 and section 41 of the Migration Act 1958. Home Affairs’ 820 page requires an approved waiver before an application where a no-further-stay condition prevents it; a wedding does not itself open the onshore partner route.
The Migration Regulations 1994 sets out where 8503 applies:
| Visitor visa or stream | Position under the Regulations |
|---|---|
| Sponsored Family | Must be imposed — clause 600.612 |
| Approved Destination Status | Must be imposed — clause 600.614 |
| Frequent Traveller | Must be imposed — clause 600.615 |
| Tourist stream where a sponsor was required | Must be imposed — clause 600.611(2) |
| Tourist stream without a sponsor | May be imposed — clause 600.611(3) |
| ETA (601) and eVisitor (651) | Not among their prescribed conditions — clauses 601.611 and 651.611 |
Home Affairs does not publish how often 8503 is imposed on unsponsored Tourist stream visas, so check the individual grant rather than assuming it is absent.
Home Affairs’ no-further-stay waiver page, updated 24 September 2026, expressly lists marriage or starting a de facto relationship with an Australian citizen or permanent resident as changes that are not reasons for a waiver. The grant letter or VEVO shows whether 8503 applies.
Even without 8503, clause 600.211 of the Migration Regulations 1994 requires a visitor genuinely to intend a temporary stay. Home Affairs’ Tourist stream page states that temporary-stay requirement; its Sponsored Family stream page, updated 8 September 2026, says a fiancé or fiancée cannot sponsor under that stream.
The separate guide to getting married in Australia on a tourist visa covers the rules stream by stream.
Which route reaches permanent residence first?
The usual two-year clock starts at the partner-visa application, not the 300 application. Clause 801.221(2)(d) of the Migration Regulations 1994 starts assessment from two years after the combined 820/801 application; clause 100.221(2)(c) does the same for the 309/100. The long-term relationship exception permits earlier assessment where, at application, the relationship has lasted three years, or two years with a dependent child of both.
Home Affairs’ 801 page and 100 page explain the permanent stages. Using Home Affairs’ 50% processing figures as at 3 October 2026, the following are calculated illustrations: the processing figures added to the two-year rule, not forecasts.
- De facto 820/801 in Australia: 24 months to usual eligibility + 8 months for the 801 = about 32 months from lodging.
- Marry first, then 309/100: 24 months to usual eligibility + 9 months for the 100 = about 33 months from lodging. The 309’s 21-month figure comes before that eligibility point; it is not added again.
- 300, marry, then 820/801: 14 months for the 300 + the gap between grant, wedding and 820/801 lodgement + 24 months + 8 months = about 46 months plus that gap.
These sums combine Home Affairs’ processing figures with clauses 801.221 and 100.221 of the Migration Regulations 1994. They assume the ordinary two-year rule and omit individual delays; they are not published whole-route processing times.
On the 300 route, Home Affairs’ 300 page gives full work rights and permission to live in Australia from entry while the visa remains valid. A 309 applicant waits outside Australia or visits on another valid visa until the 309 is decided, under Home Affairs’ 309 page; any visit remains subject to that other visa’s conditions.
The marriage gap is not an open-ended allowance. Clause 300.511 of the Migration Regulations 1994 provides a 9–15-month period from grant, with the end date set at grant and nine months as the default where no date is specified. Condition 8519 requires marriage within that period; Part 300 contains no extension mechanism. Condition 8515 applies to a granted 300 and prohibits marriage or entry into a de facto relationship before first entering Australia on it.
Choosing between the 300 and a partner visa: why an Australian migration lawyer helps you pick the right route
An Australian legal practitioner is permitted to give immigration assistance in connection with legal practice under section 280(3) of the Migration Act 1958, including advice about which visa to apply for.
For this choice, an Australian migration lawyer can check three points before you take the first step:
- Location and priority. Compare the applicant’s location at application and the permitted grant location with Direction 117’s groups: 300 and 309/100 lower; 820/801 highest, as explained by Home Affairs’ Partner visa FAQs.
- The de facto start date. Check whether the relationship facts and evidence establish the 12 months required by regulation 2.03A, or support one of its exceptions.
- The effect of a wedding or current visa condition. Check 8503 before an onshore application, and explain regulation 2.08E if marriage occurs before the 300 decision. Notifying Home Affairs of a valid marriage to the named prospective spouse creates the 309/100 application mechanism; it is not a “300/100” route.
These are checks of eligibility, dates and legal consequences—not predictions of a grant or a faster decision.
Frequently asked questions
Can you apply for a partner visa before marriage?
Yes, as de facto partners if you meet the 12-month requirement or an exception, including a registered relationship, under regulation 2.03A of the Migration Regulations 1994. An engaged couple who does not qualify as de facto partners should consider the 300’s intended-marriage criteria instead.
Is a spouse visa different from a partner visa?
No separate spouse visa exists within these routes. The partner visas cover a spouse under section 5F of the Migration Act 1958 or a de facto partner under section 5CB; the difference is the relationship basis, not a separate visa called “spouse visa”.
What happens if we marry while the 300 is being processed?
You are no longer eligible for the 300. Under regulation 2.08E of the Migration Regulations 1994, notifying Home Affairs of a valid marriage to the named prospective spouse results in the applicant being taken also to have applied for the 309/100, with the 300 first instalment counted towards its charge. Home Affairs’ 300 page says to notify it and request the partner route; if the 300 application is not withdrawn as instructed, it will be refused.
Can a 300 holder move to the partner visa later?
Yes. Home Affairs’ 300 page says to apply for the 820/801 in Australia after the wedding and before the 300 expires. The married-current-holder route is in clause 820.211(6) of the Migration Regulations 1994; Home Affairs’ pricing as at 3 October 2026 gives the main-applicant charge as AUD 1,955 from 1 July 2026.
An Australian migration lawyer can compare the available routes against your actual relationship history, present visa conditions and planned dates, identify a missing eligibility point and check that the proposed sequence fits the rules before lodgement. That review helps you understand the decision you are making; it does not guarantee a visa or a processing time.
Ask an Australian migration lawyer
An Australian migration lawyer can compare the 300 and the 309 partner visa against your circumstances. The page on subclass 300 legal help explains how that help works, and the enquiry page is where to put your question to Australian Migration Lawyers.