Subclass 300 Eligibility in 2026: A Clause-by-Clause Proof Checklist

Schedule 2 of the Migration Regulations 1994 sets the primary criteria for the Prospective Marriage visa (Subclass 300) in clauses 300.211 to 300.224, and each clause becomes a concrete proof task: clause 300.211 is proved by your prospective spouse’s Australian citizen, permanent resident or eligible New Zealand citizen status, which the official page says is required in most cases, clause 300.214 by evidence that you met in person after both turning 18, clause 300.215 by proof that the marriage is genuinely intended and scheduled inside the visa period, and so on through clause 300.224. According to the Australian Department of Home Affairs’ official Prospective Marriage visa (subclass 300) page, as at July 2026, these criteria sit alongside the Department’s own eligibility points — being outside Australia when you apply, having no debt to the Australian Government, meeting health and character requirements, signing the Australian values statement, and the best interests of any applicant under 18. The clause numbers, public interest criteria and condition references below come from the Migration Regulations 1994 and the Department’s PAM3 guidance, read alongside the Department’s official page as at July 2026. This is general information only and is not personalised professional advice; for your specific situation, rely on the official latest information or the opinion of a professional.

Which evidence proves each Subclass 300 clause at a glance?

The visa period referred to below is 9 to 15 months from the grant date, and the visa lets you work and study in Australia, according to the official page.

Clause	What it requires	Evidence that proves it
300.211	In most cases, intention to marry an Australian citizen, Australian permanent resident or eligible New Zealand citizen; the relationship can be same or different sex	Prospective spouse’s citizenship certificate, permanent resident visa evidence or eligible New Zealand citizen status; your statement of intention to marry
300.212A	Applicant is 18 or older	Passport or birth certificate showing age at application
300.212	Prospective spouse is not a barred sponsor, such as under the Subclass 204 Woman at Risk bar where a former relationship was not declared	Sponsor’s visa-history declaration; proof the barred circumstance does not apply, such as evidence the relationship was declared or the 5-year period has passed
300.213	Applicant is sponsored by the prospective spouse, who is 18 or older	Sponsorship form, being Form 40SP or the online “Sponsorship for a Partner” form; sponsor’s proof of age; later approval of the sponsorship
300.214	You and your prospective spouse met in person after each turned 18 and know each other personally	Joint photographs, passport entry and exit stamps, flight and accommodation records; electronic contact alone does not meet this clause
300.215	Genuine intention to marry, and the marriage is intended to take place within the visa period	Notice of Intended Marriage or authorised celebrant letter with a date or date range and venue; wedding booking or deposit evidence; date set inside the 9–15 month visa period
300.216	Genuine intention to live together as spouses	Relationship development records, communication logs, joint activities, family interaction and shared commitments
300.221	At decision, you still meet 300.211 and 300.214–300.216	Updated declaration and continuing evidence; notification of any change under s.104; if you marry during processing, the prospective-marriage criteria may no longer be met and reg 2.08E conversion may be relevant
300.221A	No impediment to the marriage under Australian law	Single-status proof; if previously married, a divorce order under the Family Law Act 1975 Part VI or the former spouse’s death certificate; if those cannot be obtained, a Commonwealth statutory declaration explaining why
300.222	Sponsorship has been approved and is still in force	Sponsorship approval record; evidence the sponsor remains eligible and the sponsorship has not been withdrawn or ceased
300.223	Public interest criteria are met: PIC 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4019, 4020 and 4021	Health examinations (4007), police and character certificates (4001), signed Australian Values Statement after the Life in Australia booklet (4019), valid passport (4021), no bogus documents (4020)
300.224	If you were previously in Australia, special return criteria 5001 and 5002 are met	Immigration history; evidence no exclusion period applies or that any relevant exclusion has ended; the official page notes a cancelled visa or refused application may affect eligibility

How do I prove we met in person and know each other (clause 300.214)?

Clause 300.214 requires a physical meeting after both parties turned 18, and that you know each other personally at the time of application. PAM3 records the Full Federal Court’s confirmation in Minister for Immigration and Citizenship v Yucesan that telephone, video or other electronic contact does not amount to meeting in person, so chat logs and social media contact alone will not prove this clause. Useful evidence includes photographs of you together, passports showing entry and exit stamps for the same places and dates, flight bookings, hotel records, and statutory declarations from people who saw you together. The standard for “know each other personally” varies by case, but very limited knowledge can also weaken the separate assessment under clause 300.216 about living together as spouses.

How do I prove the marriage is genuinely intended and timed within the visa period (clauses 300.215 and 300.216)?

Clause 300.215 has two parts: a genuine intention to marry, and an intention that the marriage occur within the visa period. The official page describes the visa period as 9 to 15 months from the grant date, and PAM3 notes mandatory condition 8519 requires the marriage to happen during that period, while condition 8515 means you must not marry before your first entry to Australia. The usual proof is a Notice of Intended Marriage or a letter from an authorised marriage celebrant that gives a date or date range, the venue, and confirmation the NOIM was lodged; if a celebrant letter cannot reasonably be obtained, PAM3 allows other strong evidence plus an explanation, such as a Commonwealth statutory declaration. For clause 300.216, the Minister must be satisfied you genuinely intend to live together as spouses; the evidence is the story of the relationship — communication records, visits, joint plans, family meetings and shared commitments — assessed with reference to the spouse definition and regulation 1.15A as policy guidance only.

What proves there is no impediment and that sponsorship is approved (clauses 300.212, 300.213, 300.221A and 300.222)?

Clause 300.221A asks whether Australian law allows the marriage. If either party was married before, the common proof is a divorce order made under Part VI of the Family Law Act 1975 or the former spouse’s death certificate; a celebrant’s confirmation that a NOIM was lodged is not proof that no impediment exists, and where documents cannot be obtained, a Commonwealth statutory declaration explaining the position is used. Sponsorship runs through clauses 300.213 and 300.222: the prospective spouse must be 18 or older, must sponsor you, and the sponsorship must be approved and remain in force — the sponsor should apply to sponsor you soon after you lodge, using Form 40SP or the online “Sponsorship for a Partner” form. Clause 300.212 and the Regulations can bar a sponsor, including the Subclass 204 Woman at Risk bar where a former spouse or de facto relationship was not declared, and sponsorship limits under reg 1.20J, 1.20KA, 1.20KB and 1.20KC, which cover repeat sponsorships and certain criminal records; because these limits are subject to change and to limited waivers, check the official latest publication.

What public interest criteria, debt and values evidence does clause 300.223 cover?

Clause 300.223 requires the public interest criteria listed for the visa, which the Migration Regulations 1994 give as PIC 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4019, 4020 and 4021. In practice this means health assessments under PIC 4007, police and character evidence under PIC 4001, a valid passport under PIC 4021, and no bogus documents under PIC 4020; the Department may ask for health or character information about family members who are not coming to Australia. The Australian values statement required by the official page is PIC 4019: applicants 18 or older must have read, or had explained, the Life in Australia booklet and sign a statement confirming they will respect the Australian way of life and obey the law. The official page also adds a no-debt criterion: if you or any family members owe the Australian Government money, it must have been repaid or arranged to be repaid, including for family members who do not travel with you.

When does clause 300.224 (special return criteria) affect someone who has been to Australia?

Clause 300.224 applies where the applicant has previously been in Australia and requires special return criteria 5001 and 5002 to be met. The proof is your immigration history and evidence that no exclusion period applies, or that any relevant exclusion has ended — for example, records showing the end of a period triggered by a cancelled visa or refused application. This connects to the official page criterion that the Department considers your immigration history and may find you ineligible if you have had a visa cancelled or an application refused, while also noting that in some circumstances you may still apply for a permanent visa; see the official page for the current explanation.

Do I have to be outside Australia, and what about family members and children?

The official page as at July 2026 states you must be outside Australia when you apply, and any family who apply with you must also be outside Australia; you can be in or outside Australia when the Department decides the application. PAM3 treats the outside-Australia requirement as a validity matter under Schedule 1 item 1215 alongside the application form, which is the online or paper 47SP, so plan the lodging location accordingly. For family members, clauses 300.311 to 300.326 apply: they must be your family member and apply at the same time, be covered by the sponsorship, still be a family member at decision while you hold the Subclass 300 visa, and meet the relevant public interest criteria. If a family member is under 18, clause 300.326 requires PIC 4017 and 4018 on custody and guardianship, and the official page warns the visa may not be granted if it would not be in the best interests of an applicant under 18.

Frequently Asked Questions

Do I have to be outside Australia when I apply for subclass 300?

Yes. According to the Department’s official page as at July 2026, you must be outside Australia when you apply for the Prospective Marriage visa (Subclass 300). Any family member who applies with you must also be outside Australia at that time. You may be in or outside Australia when the Department decides the application.

What evidence proves that my partner and I have met in person?

Clause 300.214 requires a physical meeting after both of you turned 18. Evidence includes joint photographs, passport entry and exit stamps, flight records and accommodation bookings for the same dates and places. PAM3 and the Yucesan decision confirm that phone, video or online contact alone does not prove a meeting in person.

Which public interest criteria apply to subclass 300?

Clause 300.223 lists PIC 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4019, 4020 and 4021. In practice this covers character and police checks, health examinations, the Australian values statement, a valid passport and not having given bogus documents. Confirm the PIC numbers against the current regulations text, because the list can be amended.

When must the wedding take place?

Clause 300.215 requires the marriage to be intended to take place within the visa period, which the official page describes as 9 to 15 months from the grant date. A Notice of Intended Marriage or an authorised celebrant’s letter with a date or date range and venue is the usual proof. The date should be set so the wedding falls inside that 9–15 month period.

Can my prospective spouse still sponsor me if they have sponsored someone before?

Sponsorship must be approved and remain in force under clause 300.222, and the Regulations impose limits. For example, reg 1.20J limits the number of partner sponsorships and sets time gaps, while reg 1.20KB and 1.20KC can bar approval in certain criminal-record cases. Because these limits change and can be waived in limited circumstances, check the official latest publication for the current rule.

What happens if we marry while the application is still being decided?

Clause 300.221 requires you to keep meeting the prospective-marriage criteria at decision, so marrying during processing can mean the visa is no longer appropriate. PAM3 notes that reg 2.08E allows conversion to a partner visa in that situation, and s.104 requires you to notify the Department of the change. Evidence of the ongoing relationship remains relevant to that reassessment.