What Happens If We Don't Marry Within 9 Months on a 300 Visa?

Can a Subclass 300 visa be extended if the wedding is delayed?

A Subclass 300 visa cannot be extended if the wedding is delayed, whatever the reason for the delay. The nine-month period runs from the date of grant, not from the date the holder arrives in Australia, so a late arrival leaves less time to marry and apply. Couples should check the exact expiry date in the grant notice as soon as the visa is granted, and our page on the Subclass 300 visa explains how the visa period works.

What options exist before the Subclass 300 expires?

The options before the Subclass 300 expires depend on how much time remains and why the wedding has not happened. Where the couple can still legally marry in time, marrying and lodging the Subclass 820 application before expiry keeps the intended pathway open. Where the couple have instead been in a de facto relationship for 12 months, another partner visa basis may be available, and our article on the de facto 12-month requirement explains how that is assessed. Each option should be checked before the expiry date, not after it.

What happens if the holder stays in Australia after the Subclass 300 expires?

A holder who stays in Australia after the Subclass 300 expires, without another visa, becomes an unlawful non-citizen and can be detained and removed. Any partner visa lodged in Australia after that point must generally meet the Schedule 3 criteria, and those criteria are waived only for compelling reasons. Departmental policy treats a genuine relationship and the hardship of separation as generally not compelling reasons on their own. Our article on Schedule 3 criteria for partner visas explains the test, and our page on Schedule 3 waivers explains how a waiver is argued.

What if we still plan to marry but need more time?

A couple who still plan to marry but need more time can usually leave Australia before the Subclass 300 ends and apply again from outside Australia, or marry overseas and apply for the Subclass 309/100. A fresh sponsorship should be checked against the sponsorship limits in regulation 1.20J before lodgement. Our page on the Subclass 309 visa explains the offshore spouse pathway, which may suit couples who prefer to marry in the applicant's home country.

What if the engagement has ended?

Where the engagement has ended, the Subclass 300 holder cannot rely on the visa to apply for a partner visa, and should plan to leave Australia or apply for another visa they are eligible for before the Subclass 300 expires. The holder should also tell the Department about the change in circumstances. Our article on partner visa relationship breakdown explains how the Department treats a relationship that ends during the process.

How does My Migration Lawyers help when a Subclass 300 is close to expiry?

My Migration Lawyers works quickly when a Subclass 300 is close to expiry, starting with the exact expiry date and the reason for the delay, then setting out each option that is still open and what it requires. Where the couple can still marry and apply in time, the firm prepares the Subclass 820 application so it can be lodged the moment the marriage takes place. Couples with a deadline approaching can speak with our partner visa lawyers through the form on this page.