Subclass 300 Conditions in 2026: Marry Before It Expires or Lose the Cheaper 820 Route
What happens if you don't marry before your Prospective Marriage visa (subclass 300) expires, and how that timing affects the cost of your Partner visa (subclass 820).
If your wedding does not happen before your Prospective Marriage visa (subclass 300) expires, the consequence is not just a lapsed temporary visa — it is the loss of the reduced visa application charge on the onshore Partner visa (subclass 820/801), which is the stage that carries you towards permanent residence. On the Australian Department of Home Affairs' official Prospective Marriage visa (subclass 300) page (as at the July 2026 version), holders are told to apply for the Partner visa "after you are married" and "before your Prospective Marriage visa ends", and the department states plainly that "you pay less for this visa if you marry your prospective spouse and apply for the Partner visa before your Prospective Marriage visa ends". This article is general information about how the rules are framed publicly, not personalised advice for your circumstances; charges, conditions and processing arrangements should always be confirmed against the current official pages or with a registered professional.
What does a subclass 300 visa actually require you to do?
The visa is temporary and its whole purpose is to get you into Australia for a wedding. The official page sets three obligations that run together:
- Enter Australia first. You must enter Australia on the subclass 300 visa before the date specified on your grant letter (the "first entry, arrive by" date).
- Marry within the visa period. You must have married your prospective spouse before the subclass 300 visa expires.
- Marry validly. You can marry in any country, but the marriage must be valid under Australian law.
The Migration Regulations 1994 frame the same ideas from the application side: clause 300.215 requires that the parties genuinely intend to marry and that the marriage is intended to take place within the visa period, and clause 300.221A requires that there is no impediment to the marriage under Australian law. The department's policy material refers to condition 8515 (no marriage or de facto relationship before first entry) and condition 8519 (marriage within the visa period) as the conditions attached at grant — check your own record in VEVO, since the official pages direct holders there for their conditions.
What happens if you don't marry before the visa expires?
Two things fail at once: the stated purpose of the visa is unmet, and the cheaper Partner visa pathway closes.
The department requires holders and their family members to meet all visa conditions and obey Australian laws, and it treats the subclass 300 as the basis for a reduced Partner visa charge. Once the visa period runs out without a marriage, you are no longer a subclass 300 holder applying within the visa period, so the reduced-charge pathway described on the official page no longer applies to you. Separately, the department warns on the same page that a visa "may still be subject to cancellation before arrival or at the border" where a stated entry date has passed — a reminder that missed dates on this visa are treated as live compliance issues, not paperwork technicalities.
Put simply: the wedding date is not a lifestyle choice on this visa. It is the condition that converts a nine-to-fifteen-month temporary stay into an onshore Partner visa application.
Why does marrying late cost more on the 820 route?
Because the discount is tied to the subclass 300 itself, not to the relationship.
The official page states that as a subclass 300 visa holder you are eligible to pay a lower visa application charge for the Partner visa (subclasses 820 and 801). The same page then warns of the mechanism that removes it: "If you are granted any other visa, the new visa will replace your subclass 300 visa. This means you may need to pay a higher visa application charge when you apply for the Partner visa."
That is a structural point worth understanding before you plan anything else. The reduced charge flows from holding the subclass 300 and applying for the Partner visa within its life — after marriage, and before expiry. Anything that ends your subclass 300 (a different visa being granted) or that lets it expire before you apply may mean you pay a higher visa application charge, although a separate lower cost may still apply to eligible Pacific Island and Timor-Leste Partner visa applicants from 1 July 2026. The subclass 300 page directs applicants to the department's Visa pricing estimator to work out how much their visa will cost, rather than listing an amount, and any reduced charge is applied during the application process in ImmiAccount for eligible Pacific Island and Timor-Leste applicants.
There is a second timing constraint that catches people: the subclass 820 is an onshore application. The official page states that you must be in Australia to apply for it. So "apply before expiry" and "be in Australia when you apply" are the same planning problem.
Which dates on your grant letter actually matter?
Three, and only one of them is the wedding.
| Date | What the official page says | Why it matters |
|---|---|---|
| Visa grant date | The visa allows stay for 9 to 15 months from grant | This window is the entire life of the visa |
| First entry arrival date | You must enter Australia before this date if outside Australia at grant | Missing it exposes the visa to cancellation before arrival or at the border |
| Visa expiry date | Marriage must occur before this date; the 820 application should be lodged before it | Expiry without marriage removes the reduced Partner visa charge |
The exact period and dates are on your grant letter, and the department points holders to VEVO to confirm when the visa expires. Assume nothing from a friend's timeline: the department specifies 9 to 15 months, and the case officer sets the actual date.
Can you marry overseas and still keep the cheaper route?
Yes on location, no on timing. The official page says you can get married in any country, but the marriage must be valid under Australian law — and the marriage still has to happen before the subclass 300 expires, with the Partner visa application lodged before expiry as well.
Validity is the part that trips people up when the wedding is held outside Australia. Australian law requirements apply regardless of where the ceremony takes place, and clause 300.221A (no impediment to the marriage under Australian law) sits behind the grant in the first place. A ceremony that is not recognised as a valid marriage does not satisfy the condition, whatever the local paperwork says. Consent is part of that picture: the department's page states that forced marriage — marrying without free and full consent, including through trickery, threats or pressure — is a crime in Australia, and points to the Attorney-General's Department's forced marriage material.
What else can replace your 300 and wipe out the lower charge?
Anything that grants you a different visa. Under the official guidance, a newly granted visa replaces the subclass 300, and the higher Partner visa charge may then apply.
The one case the department calls out specifically is at the border: for New Zealand passport holders, it recommends telling the immigration officer that you hold a Prospective Marriage visa and that you do not want a Special Category visa (subclass 444). If a 444 is granted, it overrides the subclass 300 — which is a border interaction that quietly costs you the reduced Partner visa charge. Plan the wedding and the 820 application inside the subclass 300's life, and avoid lodging anything that would grant you a different visa in the meantime.
Frequently Asked Questions
What happens if you don't marry before subclass 300 expires?
You lose the reduced visa application charge on the onshore Partner visa (subclass 820/801), because the department ties that lower charge to marrying and applying before the subclass 300 ends. You would also have let a stated visa condition go unmet, which is a compliance problem rather than a scheduling oversight.
Can I still apply for the Partner visa (subclass 820) if my 300 has already expired?
The official page describes the onshore Partner visa as the step to take after marriage and before the subclass 300 ends, and it is that sequencing which attracts the lower charge. The pages do not describe a reduced-charge pathway for an application made after the subclass 300 has expired, so the charge for your situation needs to be confirmed against the department's current pricing information.
Can we get married overseas instead of in Australia?
Yes — the department states you can marry in any country, provided the marriage is valid under Australian law. The timing rules do not relax: the marriage must take place before the subclass 300 expires, and the Partner visa application should be lodged before expiry as well.
Do we have to marry after I first enter Australia?
The official guidance requires you to enter Australia on the subclass 300 before the first entry arrival date on your grant letter, and policy material describes condition 8515 as barring marriage or a de facto relationship before that first entry. The practical reading is that entry comes first and the wedding follows, within the visa period.
How long is a subclass 300 visa valid for?
The department specifies a stay period of 9 to 15 months from the visa grant date, with the exact expiry on your grant letter. VEVO is the tool the official pages point to for confirming your own visa's end date.
What if the relationship ends before the wedding?
The official page states you may still be eligible for the Partner visa (subclasses 820 and 801) if your relationship ends or your partner dies, and that all information you provide is confidential. Family violence provisions also exist; the department publishes separate material on how those are handled.
Does it matter if I hold a New Zealand passport at the border?
Yes. The department recommends telling the border officer that you hold a Prospective Marriage visa and do not want a Special Category visa (subclass 444), because a granted 444 overrides the subclass 300 and may leave you facing the higher Partner visa charge.