If your partner is unable to secure a visa to arrive in Australia and apply for an onshore partner visa, the decision usually comes down to two common options: the Subclass 300 Prospective Marriage Visa or the Subclass 309 Partner Visa.
This guide explains the difference between the Subclass 300 and Subclass 309, and what you should think about before choosing an offshore partner visa Australia pathway.
An offshore partner visa Australia pathway usually refers to a visa option for someone who is outside Australia and in a relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
The main offshore relationship-based visa options include:
The Subclass 300 Prospective Marriage Visa is commonly known as the fiancé visa.
This visa may be suitable if you are engaged to an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and you intend to marry after the visa is granted. The Subclass 300 visa allows the applicant to travel to Australia, marry their prospective spouse, and then apply for a Partner Visa after marriage.
This option is often considered by couples who:
The Subclass 300 visa is not permanent residency by itself. It is a temporary visa that can lead to a partner visa pathway after marriage.
You can learn more about the visa criteria on the Department’s Subclass 300 Prospective Marriage Visa page, or read about AustMSS’ Prospective Marriage Visa services.
The Subclass 309 Partner Visa is a temporary partner visa for the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
It is the first stage of the offshore partner visa Australia pathway. The permanent stage is the Subclass 100 Partner Visa. The Subclass 309 visa may be suitable if you and your partner are already:
Unlike the Subclass 300, the Subclass 309 requires you to show that you are already in a spouse or de facto partner relationship. This means the Department will assess the relationship as a partner relationship, not just an intention to marry.
You can also visit the AustMSS’ Offshore Partner Visa Subclass 309/100 page for more information about this pathway. You can read more on the Department’s Partner Visa Subclass 309/100 page, the Subclass 309 visa page, and the Subclass 100 visa page.
The biggest difference is the relationship stage.
The Subclass 300 is generally for couples who are engaged and intend to marry after the visa is granted.
The Subclass 309 is generally for couples who are already married or already meet the requirements of a de facto relationship.
| Factor | Subclass 300 Prospective Marriage Visa | Subclass 309 Partner Visa |
|---|---|---|
| Commonly known as | Fiancé visa | Offshore partner visa |
| Relationship stage | Engaged and planning to marry | Married or de facto |
| Marriage required before applying? | No | Not always, but you must meet spouse or de facto requirements |
| Main focus | Intention to marry and live together as spouses | Existing genuine and continuing partner relationship |
| Evidence required | Evidence of your relationship, intention to marry and future plans together | Stronger evidence of a genuine and continuing partner relationship |
| What happens next? | After marriage, you usually apply for an onshore partner visa | The visa can progress to the Subclass 100 permanent partner visa |
| Best suited for | Engaged couples who want to marry in Australia | Married or de facto couples with stronger relationship evidence |
If you are unsure whether your relationship is considered married, de facto or prospective marriage, AustMSS has a helpful blog on whether you need to be married to apply for a partner visa.
The Subclass 300 may be the better option if your offshore partner is your fiancé and you are not yet married or do not yet meet the de facto relationship requirements.
This pathway may suit couples who have a real relationship and a clear intention to marry, but do not yet have enough evidence for a Subclass 309 partner visa.
For example, the Subclass 300 may be worth considering if:
However, the Subclass 300 is not necessarily the “easier” option. You still need to show that the relationship is genuine, that you have met in person, and that you genuinely intend to marry and live together as spouses.
You should also remember that the Subclass 300 is not the final step. After marriage, you will generally need to apply for an onshore partner visa pathway, such as the Subclass 820/801 Partner Visa. You can also refer to the Department’s Partner visa apply in Australia page for general information about the onshore partner visa pathway.
The Subclass 309 may be the better option if you and your offshore partner are already married or have enough evidence to show that you are in a de facto relationship.
This pathway may suit couples who already have stronger evidence across the relationship categories, such as:
The Subclass 309 can be a more direct partner visa pathway because the permanent Subclass 100 visa is usually connected to the same combined application process. The Department also provides a Partner Visa FAQ page, which explains common questions about the permanent stage of partner visas.
For married couples, it is important to remember that a marriage certificate alone is not enough. The Department still considers whether the relationship is genuine and continuing. AustMSS explains this further in our blog: Do You Need to Be Married to Apply for a Partner Visa in Australia?
Being engaged does not automatically mean the Subclass 300 is your only option.
Some engaged couples may still be able to consider the Subclass 309 pathway if they already meet the requirements of a de facto relationship. This may depend on factors such as how long the relationship has existed, whether you have lived together, whether your relationship is registered, and the strength of your evidence.
If the issue is whether you have lived together enough, you may find AustMSS’ blog on the living together requirement for partner visas useful.
This is where many couples need personalised advice. Choosing the wrong pathway may lead to delays, additional costs or avoidable complications.
If you are engaged but unsure whether you should apply for a Subclass 300 or Subclass 309, it is a good idea to speak with a Registered Migration Agent before lodging.
If you are already married, the Subclass 309 may seem like the obvious pathway. However, being legally married does not remove the need to prove the relationship.
The Department may still consider:
If you are married but have limited evidence, you may need to carefully explain your circumstances. For example, some couples may have lived apart due to work, study, family obligations, religious reasons, cultural expectations, visa restrictions or border issues.
The key is not just uploading documents. The application should clearly explain the story of the relationship and support that story with evidence.
You can also read AustMSS’ blog on the four pillars of relationship evidence for an Australian partner visa to understand the types of evidence that may be relevant.
Choosing between the Subclass 300 and Subclass 309 can affect your costs, timeline, evidence strategy and future visa pathway.
If you have an offshore partner and are unsure which visa is better for your situation, AustMSS can assess your relationship circumstances, evidence and long-term goals.
You can contact AustMSS through our Contact Us page or learn more about our Partner Visa services.
General advice only. Please reach out for personalised migration advice based on your circumstances.
Unit 7, 242-244 Caroline Springs Blvd
Caroline Springs VIC 3023
Unit 7, 242-244 Caroline Springs Blvd
Caroline Springs VIC 3023
Unit 7, 242-244 Caroline Springs Blvd
Caroline Springs VIC 3023
