Introduction
If you applied for a Prospective Marriage visa (subclass 300) and have since married your intended spouse, your visa pathway changes. You cannot be granted a 300 after you marry; instead, Regulation 2.08E of the Migration Regulations treats you as if you have applied for a Partner visa (subclass 309/100). Understanding how this deemed application works will help you avoid delays and complications.
What Regulation 2.08E Does
- Regulation 2.08E deems a new partner visa application to have been made when a subclass 300 applicant marries their sponsor before the 300 is decided and notifies the Department. There is no “conversion” as such—rather, the regulation creates a new 309/100 application without an additional Visa Application Charge.
- The date the Department receives your marriage notification is treated as the date of the 309/100 application, not the marriage date itself. If you fail to notify the Department, the 300 continues to be assessed and will likely be refused.
Bridging Visa and Evidence Requirements
- After a 309/100 is deemed lodged, you may be eligible for a Bridging Visa A if you held a substantive visa (e.g., visitor visa) at the time of deemed lodgement. If you held no substantive visa, you may need to apply for a bridging visa separately. Regulation 2.08E does not automatically grant a bridging visa.
- The 309/100 application requires more comprehensive evidence than a 300 visa. You will need to provide proof of a genuine married relationship, including financial, social, household and commitment aspects. The Department may request you withdraw your 300 application once the 309/100 is established.
Practical Steps
- Notify the Department of Home Affairs immediately after your marriage. Provide a copy of your marriage certificate and request that the application be assessed under Regulation 2.08E.
- Check for conditions such as 8503 on any substantive visas you hold, as these may prevent onshore partner applications. Seek advice if you need a waiver.
- Do not travel overseas unless you have appropriate bridging visa arrangements in place. Leaving Australia without a Bridging Visa B may result in your bridging visa ceasing.
Disclaimer: This article provides general information and does not constitute legal advice. Each visa application involves unique circumstances.
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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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