If you applied for a Subclass 300 Prospective Marriage Visa from offshore but have since arrived in Australia on a visitor visa and gotten married, you might be wondering what happens to your application. This is a situation that comes up more often than you’d think, and the process for converting your visa application can be confusing.
Here’s what migration professionals have shared about how this transition works and what you need to know.
What Happens to Your Subclass 300 Application After You Marry?
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Once you’ve married your sponsor, the Subclass 300 Prospective Marriage Visa can no longer be granted — because it’s designed for people who intend to marry, not those who already have. However, your application doesn’t simply disappear.
Under the migration regulations, when you notify the Department of Home Affairs about your change in circumstances (i.e., that you’ve now married), your application is treated as though you’ve applied for a Subclass 309/100 Partner Visa. The good news is that you generally won’t need to pay the visa application charge again, as the time of application is considered the same as your original SC300 lodgement.
Do You Need to Submit a New Application?
You don’t need to lodge a brand-new application through ImmiAccount. Instead, you should:
- Notify the Department of your marriage and the change of circumstances
- Request the conversion from SC300 to SC309/100
- Withdraw the SC300 application as it can no longer be granted
The Department will then set up the Subclass 309 application in ImmiAccount on your behalf.
Can You Stay in Australia While It’s Being Processed?
This is where things get a bit complicated. Whether you’re eligible for a Bridging Visa A (BVA) to remain in Australia depends on your circumstances at the time the SC309 is considered to have been lodged.
If you held a substantive visa (such as a Subclass 600 visitor visa) at the time the 309 application is taken to have been made, you may be eligible for a BVA. However, there’s debate among migration professionals about whether the “time of application” for BVA eligibility purposes is the original SC300 lodgement date or the date of the conversion.
This distinction matters because if you didn’t hold a substantive visa at the relevant time, you may not be eligible for a bridging visa at all.
Higher Evidence Requirements for the 309
It’s important to understand that the Subclass 309 Partner Visa has higher evidentiary requirements than the Subclass 300. While the SC300 focuses on the genuineness of your intention to marry, the SC309 requires comprehensive evidence of your married relationship, including:
- Financial evidence of your shared life together
- Evidence of your household arrangements
- Social recognition of your relationship
- The nature of your commitment to each other
Watch Out for Condition 8503
If your visitor visa (SC600) was granted with Condition 8503 (No Further Stay), this could create complications. Condition 8503 generally prevents you from applying for most visas while onshore in Australia. You’ll need to check whether this condition applies to your situation and whether it affects your ability to remain in Australia on a bridging visa.
Key Takeaways
- Once married, your SC300 must be withdrawn and converted to a SC309/100
- You generally won’t need to pay additional visa application charges
- Bridging visa eligibility depends on your visa status at the relevant time
- The SC309 requires more relationship evidence than the SC300
- Check for Condition 8503 on your visitor visa
This process involves several moving parts, and getting the timing and paperwork right is essential to avoid gaps in your lawful status in Australia.
Related Articles You May Find Useful
- Skills Assessment for Migration: Which Documents Need a NAATI Translation?
- Australian Citizenship: Do You Actually Meet the Residence Requirement?
- Condition 8503 No Further Stay: How to Apply for a Waiver
- Need to Travel Urgently on a Bridging Visa? How to Get Your BVB Processed Faster
- Received a Natural Justice Letter for Your Citizenship Application? Here’s What to Do
Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal or migration advice. Visa rules and policies can change, and individual circumstances vary. We recommend booking a consultation with one of our registered migration agents to discuss your specific situation.
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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