Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p74
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 74/80)
Character Range: 1385781–1388547

(a) by an Australian relative for the applicant, an Australian relative for the primary applicant mentioned in subclause 116.321(2), (3) or (4) or an Australian relative for an applicant who meets the requirements of subclause 116.321(3) or (4), if the relative:
 (i) has turned 18; and
 (ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or
 (b) by the spouse or de facto partner of the relative, if the spouse or de facto partner:
 (i) has turned 18; and
 (ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
 (iii) cohabits with the Australian relative.
 (2) The sponsorship is approved by the Minister and is in force.

116.323
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

116.324
  If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.

116.326
  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

116.327
 (1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 116.321(3) or (4).
 (2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 116 visa satisfies:
 (a) public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and
 (b) if the applicant has previously been in Australia—special return criteria 5001.
 (3) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 116 visa and who has turned 18 at the time of application satisfies public interest criterion 4019.
 (4) Public interest criteria 4015 and 4016 are satisfied in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 116 visa and who has not turned 18 at the time of decision.
 (5) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 116 visa:
 (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
 (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to that criterion.
116.4—Circumstances applicable to grant

116.411
  The applicant must be outside Australia when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted, unless the applicant is a person in relation to whom the Minister has determined that the