Australia’s Prospective Marriage Visa (Subclass 300) is a beautiful starting point for couples in love who dream of beginning a life together in Australia. Often referred to as the “fiancé visa,” it allows the non-Australian partner to enter the country, marry their Australian sponsor, and eventually transition to permanent residency. While it may sound straightforward, the transition process involves multiple steps, tight timelines, strict documentation, and a lot of patience.
Whether you’re already holding a Subclass 300 visa, or you’re planning to apply and want to understand the long-term pathway to permanent residency, this comprehensive guide will help you navigate the process confidently. We’ll walk you through every key stage, requirement, and common challenge, offering tips and clarity on how to move from a temporary engagement visa to full-fledged permanent residency in Australia.
Understanding the Subclass 300 Visa
Before diving into the transition, it’s essential to understand what the Subclass 300 visa is and what it permits you to do.
The Subclass 300 Prospective Marriage Visa allows the visa holder to:
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Enter Australia and stay for 9 to 15 months to marry their Australian partner.
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Travel in and out of Australia as many times as needed during that period.
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Work and study in Australia (with no government assistance).
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Apply for a Partner Visa (subclass 820/801) after marriage.
Important note: The marriage must occur during the validity of the visa, and the next step to permanent residency—lodging a Partner Visa—must follow soon after.
The Overall Pathway to Permanent Residency
Here’s a simplified overview of the entire transition journey:
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Enter Australia and marry your sponsor (must happen within the visa validity).
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Apply for the Onshore Partner Visa (Subclass 820/801) before your Subclass 300 visa expires.
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Obtain the temporary Subclass 820 visa (grants full work and study rights).
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Wait for eligibility (usually 2 years) for the permanent Subclass 801 visa.
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Get Subclass 801 visa approved—this is your permanent residency.
Now let’s break this down in detail.
Step 1: Arrive in Australia on a Subclass 300 Visa
Once you’ve received your Subclass 300 visa, you’re free to enter Australia. The validity period is generally 9 to 15 months, giving you time to settle in and prepare for your wedding.
This stage is critical for several reasons:
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Timing matters. You must marry your sponsor before the visa expires.
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You should start gathering documentation for the Partner Visa even before the wedding.
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Ensure that you’re fully compliant with your visa conditions, as any breach could jeopardize future visa applications.
Step 2: Marry Your Sponsor in Australia
To continue along the pathway, you must marry your sponsoring partner while your Subclass 300 visa is still valid. The marriage can occur anywhere in Australia and must be legal under Australian law.
Things to consider:
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Registration timeline: Some Australian states require you to lodge a Notice of Intended Marriage at least one month before your wedding date.
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Proof of marriage: You’ll need an official marriage certificate issued by a state or territory registry—not just a ceremonial certificate.
Once married, you’re now eligible to apply for the next visa in the pathway: the Onshore Partner Visa (Subclass 820/801).
Step 3: Apply for the Subclass 820/801 Partner Visa
This step is the most crucial in your journey to permanent residency. The Partner Visa is a combined application for both temporary (820) and permanent (801) visas. However, these are processed in two separate stages.
Timing Your Application
You must apply for the Partner Visa before your Subclass 300 visa expires. If you miss this window, you risk becoming unlawful in Australia, which can lead to serious complications and possible removal.
As long as you lodge your Partner Visa application while still holding a valid Subclass 300 visa, you will be granted a Bridging Visa A (BVA), which allows you to stay legally in Australia while your Partner Visa is being processed.
Documents Needed
Your Partner Visa application will require strong evidence of your genuine and continuing relationship, including:
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Your official marriage certificate.
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Shared bills, leases, bank accounts.
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Photos together.
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Travel records.
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Statutory declarations from friends and family.
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Proof of social, financial, and household commitment to each other.
Sponsorship
Your partner must again sponsor you for this visa. Note that sponsors must meet character requirements and cannot have previously sponsored another partner visa within a set time frame unless exemptions apply.
Step 4: Temporary Visa Granted – Subclass 820
After lodging your Partner Visa application, the first stage of approval will be the temporary visa (Subclass 820).
This visa allows you to:
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Stay in Australia while awaiting permanent residency.
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Work and study freely.
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Access Medicare (Australia’s public healthcare system).
Processing times can range from 12 to 24 months, although timelines may vary depending on individual circumstances and documentation quality.
If your application is decision-ready and well-documented, this step may be faster.
Step 5: Waiting Period and Eligibility for Subclass 801 (Permanent Residency)
Once your Subclass 820 is granted, the countdown to permanent residency begins.
The Department of Home Affairs generally requires you to wait two years from the date you first lodged your Partner Visa application (not from the date the 820 visa is granted) before assessing you for the permanent Subclass 801 visa.
Key Requirement: Continued Relationship
During this time, you and your partner must remain in a genuine, committed relationship. You’ll need to provide updated evidence of your life together closer to the time of your 801 assessment.
This might include:
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Updated joint financial records.
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Continued cohabitation proof.
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Social activities and mutual commitments.
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Children (if any), or plans for future.
Step 6: Subclass 801 Visa – The Final Step to Permanent Residency
After the two-year waiting period, the Department will assess your eligibility for the permanent Subclass 801 visa. You don’t need to apply separately—they will notify you when it’s time to submit additional information.
Once granted, this visa provides you with:
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Permanent residency in Australia.
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Full work and study rights.
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Access to Medicare and other benefits.
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The ability to sponsor relatives for certain visas.
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A pathway to Australian citizenship (after meeting residency requirements).
What If the Relationship Breaks Down?
Life is unpredictable, and unfortunately, some relationships don’t work out. If your relationship ends before you obtain permanent residency, your visa pathway may be affected.
However, there are some exceptions:
You May Still Be Eligible for the 801 Visa If:
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You have experienced family violence during the relationship.
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You share custody or parental responsibility for a child from the relationship.
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The sponsor has passed away, but the relationship was genuine and ongoing until their death.
These exceptions are complex and require substantial evidence. Always seek legal advice in such scenarios.
Common Pitfalls and How to Avoid Them
1. Missing the Partner Visa Deadline
Failure to apply before the Subclass 300 expires can make you unlawful. Set calendar reminders and start early.
2. Insufficient Evidence of Relationship
The Partner Visa demands a high level of documentation. Don’t rely on photos alone—back it up with financial, social, and legal evidence.
3. Not Updating the Department
If your address, relationship status, or circumstances change, notify the Department immediately. Failure to update could impact your eligibility.
4. Using a Bridging Visa Incorrectly
If you need to travel while on a BVA, apply for a Bridging Visa B before leaving. Exiting without it may cancel your bridging visa.
5. Assuming Marriage Alone Is Enough
Being married is only part of the equation. The Department assesses the quality and nature of the relationship. Treat this like proving a partnership, not just a legal marriage.
Tips for a Smooth Transition to Permanent Residency
✅ Begin Preparing Early
Start gathering relationship documents even while on the Subclass 300 visa. It will save time and stress later.
✅ Keep Organized Records
Maintain a folder with all shared expenses, leases, photos, and other evidence. Update it regularly.
✅ Stay Communicative
Stay in touch with the Department if there are changes or concerns. Honesty and clarity go a long way.
✅ Use a Migration Agent (If Needed)
If you’re unsure or have a complex case, a registered migration agent can help ensure your application is error-free and complete.
✅ Focus on Your Life Together
Ultimately, the strongest applications are those where the couple is genuinely building a life together—socially, emotionally, and financially.
Can You Apply for Citizenship Later?
Yes. After you obtain your permanent Subclass 801 visa, you can apply for Australian citizenship once you meet the residency and character requirements.
Generally, you need to:
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Be a permanent resident for at least 12 months.
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Have lived in Australia for at least 4 years lawfully in total.
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Be of good character.
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Intend to live in Australia or maintain a close connection.
Citizenship opens the door to even more rights and opportunities, including voting, running for public office, and holding an Australian passport.
Conclusion
The journey from a Prospective Marriage Visa (Subclass 300) to permanent residency is one that blends love, patience, paperwork, and planning. It’s a multi-step pathway that involves proving the depth of your relationship at various stages and complying with immigration timelines.
By understanding each phase—from marriage to Partner Visa application, temporary residency, and ultimately permanent residency—you’ll be empowered to navigate this journey smoothly. While the process may feel bureaucratic at times, remember that its purpose is to protect the integrity of Australia’s immigration system and ensure that genuine relationships are honored.
With diligence, open communication, and the right documentation, you’ll not only succeed in transitioning to permanent residency—you’ll be laying down roots in a country that celebrates multicultural families, love, and long-term partnership.
Congratulations on your journey—and welcome to your new chapter in Australia!
