It’s one of the most frequently asked questions we receive from couples navigating the Australian immigration process: what is the difference between the marriage visa and the partner visa? The confusion is understandable. Both involve a romantic relationship with an Australian citizen or permanent resident, and both ultimately lead to permanent residency. But they’re designed for very different stages of a relationship, and choosing the wrong pathway can cause real and costly delays.
If you’re unsure which applies to your situation, a good starting point is our visa types overview. But for a clear, side-by-side breakdown of the two pathways, read on.
What Is the Australian Marriage Visa?
In Australian immigration, the term ‘marriage visa’ most commonly refers to theProspective Marriage Visa 300. Despite the name, this visa is for couples who are not yet married. It is specifically designed for engaged couples who want the Thai partner to enter Australia in order to marry there.
The Prospective Marriage Visa 300 is valid for up to nine months and cannot be extended. During that period, the couple must marry in Australia. Once married, the Thai partner can then apply for the onshore Partner Visa (Subclasses 820/801), which begins the pathway to permanent residency.
Key features of the Prospective Marriage Visa (Subclass 300):
- Designed for engaged couples who intend to marry in Australia.
- Valid for up to nine months, non-extendable.
- The marriage must take place within Australia during the visa period.
- Both parties must be legally free to marry.
- Both parties must have met in person at least once, with very limited exceptions.
- After marriage in Australia, the partner then applies for the onshore Partner Visa (820/801).
What Is the Partner Visa?
The Partner Visa covers couples who are already married or already in a genuine de facto relationship of at least 12 months, or have registered their relationship with Births, Deaths & MArriages. It comes in two versions depending on where the Thai applicant is when the application is lodged:
- Subclass 309/100 (offshore): For applicants outside Australia at lodgement. The 309 is the temporary component; the 100 is the permanent component. Both are applied for together as a single combined application.
- Subclass 820/801 (onshore): For applicants already inside Australia on a valid visa. The 820 is the temporary onshore component; the 801 is the permanent component.
The temporary visa allows the Thai partner to live, work, and study in Australia while the permanent component is processed. Approximately two years after lodgement, the second stage is lodged and theDepartment of Home Affairs reviews the relationship and, if it is still genuine and ongoing, grants the permanent visa.
The Key Differences Between the Two Pathways
This is where the Australian marriage visa and partner visa differ most significantly:
- Relationship status at lodgement: The Subclass 300 is for engaged couples who are not yet married. The Partner Visa requires the couple to already be married or in a de facto relationship of at least 12 months.
- Where the marriage takes place: The Subclass 300 requires the marriage to happen in Australia during the visa period. The Partner Visa is for couples who are already legally married, regardless of where that marriage occurred.
- What comes next: After marrying in Australia on a Subclass 300, the partner must apply for a separate Partner Visa. The Partner Visa pathway begins the permanent residency journey directly from the point of lodgement.
- Number of applications: The Subclass 300 route involves two separate applications. The Partner Visa is a single combined application covering both the temporary and permanent stages.
- Visa validity and stay rights: The Subclass 300 is valid for nine months only, with no extension. The Partner Visa’s temporary component allows the Thai partner to remain in Australia for the full duration of processing.
Which One Fits Your Situation?
If you are already married to your Thai partner, the Partner Visa is the direct pathway. There is no reason to apply for a Subclass 300.
If you are engaged and planning to marry in Australia, the Subclass 300 may make sense. Bear in mind that processing times for this visa are currently running at 12 to 24 months or longer. Since the visa is only valid for nine months once granted, the wedding needs to be planned within that window after the visa is issued.
If you are in a genuine de facto relationship of 12 months or more but not yet legally married,or have registered your relationship with Births, Deaths & Marriages you may be eligible for the Partner Visa without being married. De facto relationships are fully recognised under Australian immigration law, provided the couple can demonstrate a genuine, committed, and exclusive ongoing relationship.
Government Fees: What to Budget For
Both pathways carry significant government application fees. TheProspective Marriage Visa 300 has its own fee payable at lodgement, and after marriage in Australia, the subsequent Partner Visa application carries a separate additional fee. The Partner Visa (309/100 or 820/801) is lodged as a combined application, with the fee covering both the temporary and permanent components. Secondary applicants such as dependent children attract additional charges.
Processing Times: Both Require Planning
Both the Subclass 300 and the Partner Visa subclasses involve substantial processing times when applications are lodged from Thailand. Currently, applicants should expect to wait anywhere from 12 months to several years, depending on the complexity of the application and the volume of cases being processed at the Department of Home Affairs.
For couples with specific timelines in mind, such as a wedding date, a job start, or family circumstances in Australia, lodging as early as possible and submitting a thoroughly prepared application is the best way to manage the process.
Getting This Right From the Start
Choosing the correct visa pathway matters. Applying for the wrong visa, or submitting an incomplete application, can result in refusals that are expensive and difficult to recover from. The right guidance upfront saves both time and money.
Whether you’re looking at the Prospective Marriage Visa 300or an Australian visa for Thai applicants through the Partner Visa pathway, the team at Australian Visas Thailand is here to help you understand your options clearly and put together the strongest application possible.
Get in touch today to talk through your situation.
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