Change from 300 to 309


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Transferring from subclass 300 PMV to subclass 309 Partner Visa.

Some couples submit a Prospective Marriage Visa (PMV / subclass 300) as their situation does not warrant a standard Partner visa application (subclass 309 or 820) at the time.

With the recent restrictions on the PMV processing, with very few grants being given, it is understandable that some couples have got tired with the long wait.

A few have chosen to get married, and have the application switched to the 309, based on being married. This has worked well for some, having been able to then get an exemption to travel to Australia, and wait for the grant whilst onshore in Australia.

That actually gives a great advantage, to those eligible, as it means there is no further visa payment required.

It is important to check that you are eligible for the 309, before proceeding that way.

You don’t really want to run the risk of a refusal, losing your application fee.


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With subclass 300 visas now appearing to be being granted again,  the necessity to change your plans and marry early, may not be needed.

However,  there are still no guarantees of a quick grant.

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43 thoughts on “Change from 300 to 309”

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    1. This is something that I would consider using a migration agent to assist in, to ensure you are eligible for the 309 before changing.

  2. Hi Admin,

    We received s57 letter stating that you don’t satisfy that we met in person.
    We are going to get married before that 28 days response.
    We will inform department about that with all proofs.

    Will 300 pmv will be transferred to 309

    1. If you haven’t met in person, I would suggest a review with a migration agent. I know that was a requirement for the 300 visa, at time of application.

  3. My wife applied for PMV 300 visa in December 2019 because we were not married then covid came in 2020 and we were worried we would be stuck so we got married in May,2021, By June we decided to switch from pmv 300 to 309 and it the 309 was granted in July ..

    My question is , does she have to wait for another 2 years starting from June or will the 2 years count from the 2019 ?

    1. Your visa grant letter will show the relevant application date, which is the date they use for the 2 year wait.

      What does yours say?

    2. It was a very fast grant, from the date that you changed from 300 to 309. It looks like just one month.

      I did think that many of the 300 applications were being held at a stage just before grant, until Covid restrictions were relaxed. I guess yours was ready for grant, but couldn’t be finalised as travel wasn’t possible. Switching to the 309 got round that travel issue, so they were then able to grant it, with no more delay.

  4. Hi, previously I’ve discussed my situation with the travel ban and exemption requests in another post. This time I have questions related to this post.

    As me and my fiance couldn’t meet for over 18 months and our travel exemption requests have been denied, we are considering to move to a third country and get married there. By doing so, it would cancel the validity of my subclass 300. Hence I’m wondering if it’s possible to change my granted visa subclass 300 to subclass 309?
    We wouldn’t even consider this if I can enter Australia using my subclass 300, but they’re making us wait for three years if they’re waiting until the pandemic is handled…

    1. There has just been a change (last few days) on the travel ban exemption for PMV holders. Check if it applies to you.

      If you applied for a subclass 300 visa on or before 18 August 2020, and you have now been granted your subclass 300 visa; you are eligible for an inwards travel exemption on 18 August 2021.

      https://www.abcdiamond.com.au/prospective-marriage-subclass-300-visa-holders-exempt-from-travel-ban-but-not-all/

      If this covers you, then a new travel ban exemption application should be granted this time, based on this change.

    2. From what I have read, a granted 300 cannot be changed to a 309.

      It would be good if immigration could make that an option, especially now.

      1. I understood that there has been changes that allow me to get an exemption, but there is no flight from my country to Australia until early December (which keeps changing, a couple weeks ago I could fly in October). Even Australians who lived in my country had to get chartered plane so they can return home.

        In fact, I can’t quite find any flight from South East Asia to Australia,
        Financial wise, it is cheaper for us to reunite in Europe for a few months until commercial flights would be available again. But if we do so even without getting married, it would still cancel the visa itself as we would be de facto partner..
        I wonder if it’s possible to get a special exemption for cases like us?

        1. Unfortunately it is the airlines that control who can get seats.

          Regarding the visa. I doubt if it would be cancelled due to living together. But if in doubt it is worth contacting immigration and checking.

          Many PMV holders live together for months before finally getting married, and then starting the 820.

  5. HI Admin

    I have seen people who are doing the Utah online marriage and i also read a response from one of the lawyers that this online marriage is recognised in australia, which I think is a fraud because I read every where that Australia does not recognise online marriage. I have also been in contact with a couple that has been in two different countries and have done the online marriage and applied for 309 using their marriage certificate.

    Can you please shed some light on this if Australia recognises online marriages because that will take off the misery that couple like us are going through with this separation.

    Really appreciate your help.

    1. My feeling on this is also that online marriages should not be permitted, and I feel that is the Australian government position also.

      However, Australia does recognise legal overseas marriages.

      Those done in Utah, do NOT state they are online, it is just a normal, legal United States, marriage certificate.

      In my view, only a few (maybe only the Utah one) will be accepted by immigration.

      I am sure there will be many scam or fraud versions out there.

      The bottom line is, if you deal only with a genuine overseas government department, and receive a genuine legally recognised marriage certificate, not an online version, you should be OK.

      If you deal with an online “service”, expect to have problems.

      I know of one immigration agent who recommends the Utah one, but does not actually get involved in the process, as that might invalidate the legality of it.

  6. Dear Admin,

    My partner and I applied for the 300 visa almost one year ago. I will be applying for an outbound exemption to visit my partner in the coming months to have a religious ceremony (non registered marriage) in Lebanon. I am contemplating to register this marriage legally to switch our current visa 300 to a 309. Can you advise how does one switch to a 309? We do have sufficient evidence to do so.

    1. From what I am aware, you just upload the legal marriage certificate, and request a change to 309. You also need to request a cancellation of the 300 while asking for the change.

  7. These are times for an example of someone who transferred from subclass 300 to subclass 309.

    • Mar 2019 – PMV 300 lodged.
    • Oct 2019 – Got married.
    • Oct 2019 – Requested conversion from 300 to 309 .
    • Feb 2021 – Received a request (RFI) to complete the subclass 300 withdrawal request and consideration for 309.
    • Apr 2021 – subclass 309 granted. 

    Note the time waiting between Oct 2019 and Feb 2021, where immigration appear to have waited for the applicant to submit the form 1446. This may have delayed the grant by up to 15 months.

    If an immigration agent had been doing this I would assume they would have done that in October 2019, as they would know the correct procedure. (I would hope).

    However, COVID may have still held back the grant, in this particular case.

    It does indicate the importance of knowing exactly what to do in some unusual cases.

    *To withdraw a visa application, complete Form 1446 Withdrawal of a visa application. https://immi.homeaffairs.gov.au/change-in-situation/withdraw-visa-application

  8. Hey admin, just curious – how did they change from 300 to 309? Did they go overseas and get married?

    1. I haven’t seen full details but I am aware that some might have done an online marriage. One US state has legalised these for overseas non US residents.

      1. Thanks Admin,
        I was told that changing from 300 to 309 is possible before subclass visa is issued otherwise a PMV holder will be in violation of visa conditions 8515, right?

        1. Approval of the subclass 300 visa will be subject to condition 8515 which states that the applicant cannot marry prior to entry to Australia.

          That is the reason for the change to being deemed to have applied for the 309 instead. But of course this has to be requested.

          If doing this, I would suggest using a migration agent to check that your situation is sufficient for a 309 grant.

          We did normal the 300 route, (without an agent), but subsequently found that we could have been eligible for the 309.

          1. I was actually living with my now wife, in her country, when we did the 300 application. This was well before COVID.

            Those that have married and switched to the 309 may have been in a similar situation.

  9. A friend asked if it’s advisable to request for cancellation of her PMV subclass 300, get a refund of the application fee and file a fresh application for subclass 309. Please advise
    Thanks

    1. Cancelling the 300 will almost certainly NOT get a refund, and the waiting time time starts again. End result would be paying twice, and waiting much longer.

      It is best to try to switch to the 309 instead. That way no money is lost, (in fact they might save some), and no time is lost.

      But it is dependent on being eligible to switch.

      1. Dear Admin,

        Many thanks for your above response. Sorry, I didn’t clearly mention that the PMV had already been granted & expended also. Without lifting the travel ban on subclass 300 family visa, do you think the kind gesture of visa extension will be a sheer waste of time for PMV holders if they will still have to reapply and join the long queue again at the expiration of the extended visa.
        Also, PMVs are issued with visa conditions 8515 (must not marry or enter into a de facto relationship before entry), but the DHA & ABF now requires proof of de facto relationship from PMV holders in order to grant travel restriction exemption. Isn’t this self contradictory?

        Thankful

        1. Their wording “must not marry or enter into a de facto relationship before entry” is very weird. We proved our de facto relationship to get our 300 visa.

          The marriage bit is understandable, as you must enter Australia first to activate the visa. Otherwise it becomes a 309 application.

        2. You mention “PMV had already been granted & expended”.

          I assume the period to enter Australia had been exceeded, and the 300 effectively lapsed.

          Immigration had plans to offer refunds in that situation and priority processing for a new application.
          There was even talk about extending the date. Not 100% sure on that.

          It would be worth contacting immigration and asking about the extension and requesting a travel ban exemption.

          Also ask if the above is not possible, ask if a refund is available, based on COVID causing the issue. Specifically asking if the refund can be transferred to a 309 application.

          1. Dear Admin,

            Kindly delete the word “expended” and replace it with the word “extended” I’m quite sorry for the typographical error.
            The PMV had already been granted and extended and it’s still valid currently, so, do you think the kind gesture of visa extension will be a sheer waste of time for PMV holders if they will still have to reapply and join the long queue again at the expiration of the extended visa.

            Regards

            1. For those who do have have to reapply, they have stated this:

              “For former Prospective Marriage visa holders, the processing of any subsequent Prospective Marriage or Partner visa applications made will be given priority. ”
              Note that it says “or Partner visa applications”, so that would include choosing the 309 next time.

              However if the visa is still valid, have they applied for a travel ban exemption?

              I would assume that the refund would only apply once the 300 expires, and the applicant has attempted to find ways to enter Australia.

          1. Dear Admin,
            Without lifting the travel ban, the kind gesture of visa extension will be a sheer waste of time for PMV holders if they will still have to reapply and join the long queue at the expiration of the extended visa. With the way applications for extension are being rejected at an alarming rate, what do you think PMV holders can do to avoid this delay?
            Thankful

            1. Very little they appear to be able to do, until the COVID situation changes.

              Immigration do say: Refund of VAC or extension of visa validity period for affected visa holders who were or will be unable to enter Australia before their visa ceases due to COVID-19 related travel restrictions, or who were unable to marry their sponsor because of exceptional circumstances arising out of COVID-19, for example quarantine requirements and intrastate or interstate travel requirements. Refunds must be requested by 31 December 2022.

              It may be possible to apply for a further extension to the PMV validity. It would definitely be worth asking about that.

              I would also hope that they do not have to join the long queue at the expiration of the extended visa, especially as they say the processing of any subsequent Prospective Marriage applications made will be given priority.

              You mention that applications for extension are being rejected at an alarming rate. I haven’t seen any figures for that, but have seen this mentioned: All Subclass 300 visas that were in effect on the date of the Budget on 6 October 2020 have been extended, as have visas granted after that date up until 10 December 2020.

                1. Dear Admin,
                  I can confirm that applications for exemption from PMV holders are being rejected at an alarming rate; aside what people post on social media, have you PERSONALLY seen any PMV holder who has been exempted from the travel ban?
                  If COVID situation will be over by March 2022, I suppose PMV holders will not be able to travel when the extended visas expire, so?

                  1. I agree that applications for travel ban exemptions are being rejected very often.

                    But I was replying to your comment about visa extensions, where you said: “applications for extension are being rejected at an alarming rate”, and I thought all extensions were given to 2022.

                    There actually have been a few PMV holders, and even PMV applicants, that have received a travel ban exemption. But not many.

                  2. Regarding the comment:”If COVID situation will be over by March 2022, I suppose PMV holders will not be able to travel when the extended visas expire, so?”

                    Once the COVID situation is over, assuming that is before March 2022, and hotel quarantine requirements are removed, there should be no issue for travel. Airline fares should also go hack to normal.

                    I can’t see why PMV holders would not be able to travel at that point.

                    If we are still in the same position after March, we may see another exemption period. But that is almost a year down the track. Current assumptions are being based on October this year.

                    1. Dear Admin,
                      With the current slow pace of vaccination roll-out in Australia, do you think the October 2021 target is not just a political campaign?

                    2. In January, the prime minister said that he was hoping to start at 80,000 vaccinations a week, and Australia would optimisticly vaccinate four million people by the end of March.

                      Unfortunately due to international supply issues, natural disasters including the New South Wales floods, and other issues, that has not happened.

                      I am not sure that was a political campaign, just a hope that it would actually happen. I am pretty sure everyone wants the country to open up as soon as possible.

                      The opposition wanted it faster, but things happen. The Floods, the EU blocking supply etc.

                      However, the Health Minister Greg Hunt says the country remains on track to complete first doses by October.

                      Only time will tell. If everyone gets their act together it could be done.

                      Regarding opening the borders, arrivals may also need to prove they have been vaccinated some time before arriving.

        3. Did they apply for a travel ban exemption once they got the PMV grant? A number of PMV applicants and holders have been granted the exemption, although not all.

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