Do I Have to Be Outside Australia to Apply for Subclass 300 in 2026?
Yes — you must be outside Australia at the moment you lodge a Prospective Marriage visa (Subclass 300) application, and any family members who apply with you must also be outside Australia. The location rule then loosens: the Australian Department of Home Affairs states on its official "Prospective Marriage visa (subclass 300)" page (as of the July 2026 official page) that you can be in or outside Australia when the temporary visa application is decided. In short, "outside" is a lodgement requirement, not a permanent one. This article is general information only and not personalised advice, so if your situation involves travel timing, a current Australian visa, or a bridging status, check the official page or get professional advice before you act.
What does "be outside Australia when you apply" actually cover?
It covers the act of lodging, not your whole journey through the process. Under the Migration Regulations 1994, the primary applicant's case is assessed against criteria such as 300.211 (intention to marry an Australian citizen, Australian permanent resident or eligible New Zealand citizen) and 300.214 (having met in person as adults since turning 18), and the official eligibility page lists "Be outside Australia when you apply" as a standalone requirement alongside age, sponsorship, health and character.
Practically, that means:
- Your physical location at the moment the application is submitted is what matters.
- The rule applies to the primary applicant and to each family member included in the same application.
- Being outside Australia for lodgement does not, by itself, say anything about where you must wait while the case is processed.
Because location is tested at two different points, it is worth separating the two questions in your planning: where you are on the day you lodge, and where you can be afterwards.
Can you be inside Australia when the decision is made?
According to the Department of Home Affairs official page, yes: the applicant can be in or outside Australia when the temporary visa application is decided. Suppose an applicant lodges from overseas on a visitor visa and later enters Australia on another valid visa while the Subclass 300 case is still being processed — on the face of the official page, that person's presence in Australia at decision time is not, by itself, disqualifying.
Two cautions are worth keeping in view. First, being in Australia at decision time still depends on holding a valid visa or other lawful status; this location criterion does not by itself give you permission to enter or remain in Australia. Second, the department's guidance describes a COVID-era concession (clause 300.412(2)) that allowed grants to applicants inside Australia during a defined concession period; that concession is treated as historical, and the current official page states you can be in or outside Australia when the temporary visa application is decided.
Do family members in the same application have to be outside too?
Yes. The official page states that family who apply with you must also be outside Australia when you apply. The regulations reinforce the "same application" structure: clause 300.311 requires a family member to apply at the same time as the primary applicant, and clause 300.312 requires that the sponsorship cover that person.
That structure has a practical consequence: a child or other family member who is inside Australia at lodgement cannot simply be added later as a member of your Subclass 300 application (the prospective spouse is your sponsor, not a co-applicant). Whether to lodge together or wait is a decision you should make before submitting, not after.
What changes once the visa is granted?
Grant shifts the focus from location to timing. The official overview page describes a stay of 9 to 15 months from the visa grant date and requires the applicant to intend to marry the prospective spouse before the visa period ends, with work and study rights while on the visa. The regulations (clause 300.215) require that the parties genuinely intend to marry and that the marriage is intended to take place within the visa period.
After the marriage takes place, the usual next step for couples staying in Australia is an onshore partner visa application. The specific requirements, forms and timing for that step are set out on the department's own partner visa pages, so treat any sequence described here as a route map rather than a checklist.
Where this sits among the other Subclass 300 requirements
Location is one line on a longer list. The same official page requires that you and your sponsor both be 18 or over, that you have a sponsor who must be approved, that you and your prospective spouse have met in person as adults since turning 18 and know each other personally, that you meet health and character requirements, that any debt to the Australian Government is repaid or arranged to be repaid, and that applicants aged 18 and over sign the Australian Values Statement. Migration history also counts: a cancelled visa or refused application can affect eligibility.
| Requirement | Who it applies to | Timing tested |
|---|---|---|
| Be outside Australia when you apply | Primary applicant and family applying together | When you lodge |
| Be in or outside Australia at decision | Primary applicant | When the application is decided |
| Be 18 or older | Applicant and sponsor | When you apply |
| Have an approved sponsor | Applicant and anyone applying with you | At lodgement and while on the visa |
| Met in person as adults since turning 18 | Applicant and prospective spouse | When you apply |
| Health requirement | Applicant and family applying with you | Assessment stage |
| Character requirement | Applicant and family aged 16 and over | Assessment stage |
| No debt to the Australian Government | Applicant and family members | Assessment stage |
| Australian Values Statement | Applicant and family aged 18 and over | When you apply |
Frequently Asked Questions
Can I apply for Subclass 300 while inside Australia?
No. The Department of Home Affairs lists "Be outside Australia when you apply" as an eligibility requirement for the Prospective Marriage visa (Subclass 300). The same requirement applies to family members who are included in your application.
Do I have to stay outside Australia until the visa is granted?
No. The official page states you can be in or outside Australia when the department decides your temporary visa application. Being in Australia at decision time is permitted under that wording, but you still need a lawful basis for being here.
What if my child or another family member is already in Australia when I lodge?
Family members applying with you must also be outside Australia when you apply, and the regulations require them to apply at the same time as the primary applicant. Adding them after lodgement is not the pathway this visa is built around, so factor their location into when you submit.
Does being in Australia at decision time guarantee the visa will be granted?
No. Location is only one criterion. You still need an approved sponsor, to meet the age, relationship, health and character requirements, to have no outstanding debt to the Australian Government, and to satisfy the Australian Values Statement requirement where it applies.
How long is the Subclass 300 visa valid, and when must the wedding happen?
The official overview describes a stay of 9 to 15 months from the visa grant date. The regulations require the parties to genuinely intend to marry within the visa period, so the wedding date needs to fall inside that window.
Is the onshore grant concession from the pandemic period still available?
Treat it as historical. The department's guidance describes a COVID-era onshore grant concession under clause 300.412(2), while the current official page states you can be in or outside Australia when the temporary visa application is decided.