Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p46
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 46/80)
Character Range: 1316007–1318706

the criterion that the applicant hold a Subclass 309 visa; or
 (ii) has determined that the applicant satisfies the criteria for the grant of a Subclass 100 visa apart from the criterion that the applicant hold a Subclass 309 visa.
 (5) Paragraphs (2)(c) and (2A)(c) do not apply to an applicant who at the time of making the application was in a long‑term partner relationship with the sponsoring partner.
 (6) Paragraphs (2)(c) and (2A)(c) do not apply to an applicant whose sponsoring partner:
 (a) is, or was, the holder of a permanent humanitarian visa; and
 (b) before that permanent visa was granted, was in a married relationship or de facto relationship with the applicant of which Immigration was informed before that permanent visa was granted.
 (7) Nothing in paragraphs (2)(c) and (2A)(c) prevents the Minister, less than 2 years after the application is made, from:
 (a) refusing to grant a Subclass 100 visa; or
 (b) granting a Subclass 100 visa to an applicant who meets the requirements of subclause (3), (4) or (4AA).

100.222
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and
 (b) if the applicant had turned 18 at the time of application—public interest criterion 4019.

100.224
 (1) Each member of the family unit of, and each person who is dependent on, the applicant who is an applicant for a Subclass 100 visa is a person who:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4020; and
 (b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019.
 (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 100 visa is a person who:
 (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
 (b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

100.225
  If a person (in this clause called the additional applicant):
 (a) is a member of the family unit of the applicant; and
 (b) has not turned 18; and
 (c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

100.226
  If:
 (a) at least 2 years have passed since the application was made; and
 (b) the applicant does not meet the requirements of subclause 100.221(2A), (3), (4) or (4AA);
the applicant is nominated for the grant of the Subclass 100 visa by the sponsoring partner.
100.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the