If you’re in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, and you’re considering making Australia your home together, it’s essential to understand the differences between the Subclass 300 (Prospective Marriage) visa and the Subclass 309 (Partner) visa. Both are popular options for couples looking to reunite and live in Australia, but they cater to different circumstances. This article will provide an in-depth comparison of these two visa types, helping you determine which one is most suitable for your situation.
What Is the Subclass 300 (Prospective Marriage) Visa?
The Subclass 300 visa, commonly known as the Prospective Marriage visa, is designed for couples who are engaged and intend to marry in Australia. This visa allows the applicant to enter Australia with the primary purpose of marrying their Australian partner within 9 months of arrival.
Key Features:
- Valid for 9 months from the date of grant.
- The visa holder must marry within 9 months of arriving in Australia.
- After marriage, you can apply for the Partner Visa (Subclass 820/801) to continue living in Australia.
This visa is ideal for couples who have already made a commitment to marry but want to do so on Australian soil.
What Is the Subclass 309 (Partner) Visa?
The Subclass 309 visa is a temporary visa for individuals who are already married or in a genuine de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. The Subclass 309 visa is the first step in applying for a permanent Partner Visa (Subclass 100), which grants permanent residency.
Key Features:
- Available for married couples or those in a de facto relationship (at least 12 months of living together).
- Can be applied for while overseas or, in some cases, while in Australia on a valid visa.
- The Subclass 309 visa provides a temporary stay while the permanent Partner Visa (Subclass 100) is processed.
This visa is ideal for couples who are already in a committed relationship, whether married or living together as de facto partners, and wish to apply for a partner visa to live in Australia.
When Should You Choose the Subclass 300 (Prospective Marriage) Visa?
The Subclass 300 visa is the best option for couples who are engaged but not yet married and plan to marry in Australia. Here are some common scenarios where this visa might be the right choice:
Scenario 1: Engaged and Planning to Marry in Australia
If you and your partner are engaged and plan to marry in Australia within the next 9 months, the Subclass 300 visa will be the ideal pathway for you. Once you marry, you can apply for the Partner Visa (Subclass 820) and continue living in Australia together.
Example:
Sarah and Mark are engaged and living overseas. They want to marry in Australia, so Sarah applies for the Subclass 300 visa. Once granted, Sarah enters Australia, marries Mark within 9 months, and then applies for the Partner Visa.
Scenario 2: Engaged, but Not Living Together for 12 Months
If you’ve been together for less than 12 months, and you are engaged, the Subclass 300 visa offers a way to get married in Australia and proceed with the Partner Visa afterward, without needing to meet the 12-month cohabitation requirement.
Example:
Priya and Liam have been dating for 8 months and plan to marry in Australia. Since they haven’t been living together for 12 months, Priya applies for the Subclass 300 visa to marry Liam and then apply for the Partner Visa.
When Should You Choose the Subclass 309 (Partner) Visa?
The Subclass 309 visa is the right choice for couples who are either already married or in a genuine de facto relationship and wish to live together in Australia. The visa allows you to reside in Australia temporarily while you wait for the permanent Partner Visa (Subclass 100) to be processed. This visa is suitable for the following scenarios:
Scenario 3: Married and Living Overseas
If you and your partner are married and living in different countries, the Subclass 309 visa allows the non-Australian partner to enter Australia and live with their Australian spouse. After the temporary visa is granted, the applicant can apply for permanent residency.
Example:
James, an Australian citizen, marries Maria, who lives in the Philippines. Since they are married, Maria applies for the Subclass 309 visa while in the Philippines. Upon approval, Maria enters Australia and awaits the processing of her permanent residency visa.
Scenario 4: De Facto Relationship (Living Together for More Than 12 Months)
If you have been in a long-term relationship and living together for over 12 months, you may qualify for the Subclass 309 visa, even if you are not yet married. The de facto relationship needs to be genuine, and you must provide evidence of your living arrangements, finances, and commitment to each other.
Example:
John and Lucy have been in a committed de facto relationship for over two years and have lived together for more than 12 months. Even though they are not married, they apply for the Subclass 309 visa because they meet the de facto relationship requirement.
Scenario 5: Married and Already in Australia
If you’re already in Australia on a visitor visa and you are married to an Australian citizen or permanent resident, you can apply for the Subclass 309 visa to remain in Australia while your permanent Partner Visa (Subclass 100) is processed.
Example:
Maria is in Australia on a visitor visa and is married to Tom, an Australian citizen. They apply for the Subclass 309 visa to allow Maria to stay in Australia while awaiting her permanent visa.
Key Differences at a Glance
| Feature | Subclass 300 (Prospective Marriage Visa) | Subclass 309 (Partner Visa) |
| Eligibility | Engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen. | Married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. |
| Purpose | To marry in Australia within 9 months of arrival. | To live together with an Australian partner. |
| Duration | 9 months. | Temporary visa leading to permanent residency. |
| Requirement | Must marry within 9 months of arriving in Australia. | Must be in a genuine, long-term relationship. |
| Application Location | Offshore only. | Can apply offshore or onshore (with a valid visa). |
| Next Step | Apply for Partner Visa (Subclass 820/801) after marriage. | Apply for permanent residency through Subclass 100. |
Which Visa Should You Choose?
The Subclass 300 visa is the best option for engaged couples who plan to marry in Australia within 9 months. On the other hand, the Subclass 309 visa is more suitable for couples who are already married or in a long-term de facto relationship and wish to live together in Australia.
However, every relationship is unique, and the visa options can be complex, depending on your personal circumstances. It’s always best to consult with our experienced migration lawyers at NB Migration Law to ensure you select the most appropriate visa for your situation. We offer complimentary consultations to guide you through the process, answer any questions, and help you make the right choice for your future together in Australia. Contact us today to learn more about how we can help you navigate the visa process and make your Australian dream a reality.