Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p66
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 66/68)
Character Range: 2043033–2045546

is also eligible for the grant of the visa if the child or member of the family unit satisfies the secondary criteria and his or her application is made before the Minister has decided to grant or refuse to grant the visa to the applicant meeting the primary criteria.
801.31—Criteria to be satisfied at time of application

801.311
 (1) The applicant meets the requirements of subclause (2) or (3).
 (2) An applicant meets the requirements of this subclause if the applicant is:
 (a) a dependent child of a person who has applied for a Partner (Residence) (Class BS) visa; or
 (b) a member of the family unit of a person who:
 (i) is the holder of, or has been the holder of, a Subclass 300 (Prospective Marriage) visa; and
 (ii) has applied for a Partner (Residence) (Class BS) visa;
and the Minister has not decided to grant or refuse to grant a visa to the person.
 (3) An applicant meets the requirements of this subclause if:
 (a) the applicant is the holder of a Subclass 820 (Partner) visa which the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant to the applicant; and
 (b) the applicant is a member of the family unit of a person who:
 (i) is the holder of a Subclass 820 (Partner) visa; and
 (ii) has applied for a Partner (Residence) (Class BS) visa; and
 (c) the Minister has not decided to grant or refuse to grant a visa to the person.
801.32—Criteria to be satisfied at time of decision

801.321
  An applicant meets the requirements of this clause if:
 (a) any of the following applies:
 (i) the applicant is the holder of:
 (A) a Subclass 445 (Dependent Child) visa; or
 (C) a Subclass 820 (Partner) visa;
 (ii) the applicant was the holder of:
 (A) a Subclass 445 visa; or
 (B) a Subclass 820 visa;
  which ceased on notification of a decision to refuse a Subclass 801 visa to the person of whom the applicant is a dependent child or of whose family unit the applicant is a member;
 (iii) the applicant is a person:
 (A) who holds:
 (I) a Subclass 445 (Dependent Child) visa; or
 (II) a Subclass 820 (Spouse) visa; or
 (III) a Subclass 820 (Partner) visa;
  which the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant to the applicant; and
 (B) who, at the time the visa mentioned in sub‑subparagraph (A) was granted, was the dependent child, or a member of the family unit, as the case requires, of another person who was the holder of a Subclass 445 (Dependent Child) visa, Subclass 820 (Spouse) visa