Prospective Marriage Visa (Subclass 300) VS Offshore Partner Visa (Subclass 309): Which is the Right One for Me?
When considering your options for obtaining a visa to live in Australia with your partner, you may be debating between the Prospective Marriage Visa (Subclass 300) and the Offshore Partner Visa (Subclass 309) as your migration pathway. Each visa has distinct features, requirements, and conditions that can affect your decision.
What are the Differences Between a Prospective Marriage Visa and an Offshore Partner Visa?
This table summarises the main differences between the two visa types, helping you to make an informed decision based on your circumstances.
| Feature | Prospective Marriage Visa (Subclass 300) | Offshore Partner Visa (Subclass 309) |
|---|---|---|
| Purpose | For engaged individuals to enter Australia to marry their sponsor. | For individuals in a de facto relationship or married to an Australian citizen, permanent resident, or eligible New Zealand citizen. |
| Validity | Valid for nine months from the date of grant. | Temporary visa leading to permanent Partner Visa (Subclass 100). |
| Marriage Requirement | Must marry the sponsor within nine months of visa grant. | Marriage is not required before application; can be applied based on de facto relationship. |
| Extensions | No extensions available after nine months. | Can be extended through the permanent Partner Visa (Subclass 100) application. |
| Travel Restrictions | Can travel within Australia; leaving may complicate re-entry. | Typically travel restrictions; requires a Bridging Visa B to leave and re-enter if on a bridging visa. |
| Application Process | Must apply from outside Australia but can enter to marry once granted. | Must remain outside Australia while the visa application is processed. |
| Processing Time | Generally shorter processing time compared to the Offshore Partner Visa. | Processing can take longer, depending on individual circumstances and documentation. |
There is no definite answer on choosing the Prospective Marriage Visa (Subclass 300) or the Offshore Partner Visa (Subclass 309). It all depends on your circumstances, including your relationship status, the timeline for marriage, and how you wish to enter Australia.
How Can Agape Henry Crux Assist
Whenever you are unsure, Agape Henry Crux can provide professional guidance so that you can make an informed decision about what to do next for you and your partner. Our Accredited Specialist Immigration Lawyers specialise in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.