Prospective Marriage Visa 300: What Happens If You Marry Before the Decision?
Prospective Marriage Visa 300 hub: For the complete Subclass 300 pathway, including eligibility, evidence, costs, visa validity and the 820/801 pathway after marriage, see our Prospective Marriage Visa 300 Australia guide.
The subclass 300 Prospective Marriage visa is for a person who intends to marry their prospective spouse. But what happens if the couple gets married while the subclass 300 application is still being processed?
Home Affairs states that if you marry before the subclass 300 decision, you are no longer eligible for the Prospective Marriage visa itself. There is, however, a specific process for notifying the Department and asking to be considered for the offshore Partner visa pathway.
You must tell Home Affairs about the marriage
Marriage is a material change in circumstances. Home Affairs instructs applicants to update the application through ImmiAccount and provide evidence that the marriage is legally valid.
Request consideration for subclass 309 and 100
Current Home Affairs instructions state that the applicant should attach:
- evidence of the valid marriage;
- a request to be considered for Partner (Provisional) subclass 309 and Partner (Migrant) subclass 100 visas; and
- a statement requesting withdrawal of the Prospective Marriage visa application.
The applicant should then follow the Department’s Partner processing contact instructions.
Do not simply leave the 300 application unchanged
Home Affairs expressly warns that if the applicant marries and does not withdraw the subclass 300 application, it will be refused because the applicant no longer meets the eligibility requirements for that visa.
Is a new Partner visa application fee always required?
Do not assume the process is the same as independently lodging a new subclass 309 application. The Department has a specific conversion process for a pending subclass 300 case after marriage. Follow the current instructions and obtain advice about the particular application.
Evidence that the marriage is valid
Provide the official marriage certificate issued by the relevant legal authority. If the document is not in English, obtain an appropriate translation.
The relationship evidence still matters
Marriage changes the visa pathway but does not remove the requirement to establish a genuine and continuing spousal relationship. Continue updating relationship evidence while the case is pending.
This can include financial, household, social and commitment evidence.
What if the marriage occurs in Australia?
The place of marriage is not the only issue. The marriage must be valid under Australian law, and the applicant must comply with the location and validity requirements of the relevant visa process. Obtain advice where the applicant has travelled or their immigration status has changed during processing.
What if the relationship ends after marriage?
A relationship cessation raises a separate set of issues. Notify Home Affairs accurately and obtain advice about whether any Partner visa exceptions or other pathways may apply.
Keep the sponsor application consistent
The sponsor should also update relevant information so that the sponsorship reflects the couple’s current marital status. Inconsistent dates between the visa application, sponsorship and marriage certificate can create avoidable questions.
Plan before changing course
If a wedding is planned while the subclass 300 remains pending, obtain advice before the ceremony so the couple understands the Department’s process and can prepare the necessary evidence promptly.
For a broader comparison, see our guide to Partner visas and the Prospective Marriage visa.
If you have married while a subclass 300 application is pending, contact Emigrate Lawyers for assistance updating the application correctly.
Related guide: Partner visa sponsor police checks explains another sponsor-side requirement that should remain current when the pathway changes from subclass 300 to Partner visa processing.
Official resource: Home Affairs Prospective Marriage visa information.
This article provides general information only and does not constitute legal advice.
Madhab Kharel
Principal Lawyer & Director, Emigrate Lawyers
Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.
Reviewed by Madhab Kharel, Principal Lawyer
Date reviewed: 19 September 2026
