Why You Cannot Simply “Change” Your 300 Visa to an 820
A common misconception among applicants is that a Prospective Marriage Visa (subclass 300) can be converted to a Partner Visa (subclass 820). This is not possible.
The correct pathway is: “300 converts to the 309/100” – not to the 820/801. If you hold a subclass 300 visa and marry your sponsor in Australia, you should notify the 300 processing area with your marriage certificate and request a 2.08E reconstitution of the application.
Understanding Regulation 2.08E
Under Regulation 2.08E, once the couple has notified the Department of their marriage in Australia (a change of circumstances), the 300 visa still under process can be changed to a 309/100 visa before a decision is made.
The process involves:
- Notifying the 300 processing area of your marriage
- – Providing marriage certificate documentation
- – Requesting 2.08E reconstitution of the application
- – Waiting for the Case Officer to ask to withdraw the original application
Important Consideration About Work Rights
Once reconstituted as a 309/100, the associated Bridging Visa B will not have work rights. This is an important factor to consider when planning your visa pathway.
Disclaimer: This is general advice only and may not apply to your specific circumstances. For personalised guidance on your visa application, please book a consultation with one of our registered migration agents.
Related Articles You May Find Useful
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- How to Request Urgent Bridging Visa B (BVB) Processing for Travel
- Formal Engagement Requirements for Prospective Marriage Visa
- Baby Born Before Visa Grant: How Regulation 2.08 Can Save You from a Child Visa
- How to Correct Name Errors After Visa Application Finalisation in Australia
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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