Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p65
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 65/80)
Character Range: 1363390–1366152

Remaining relative is defined in regulation 1.15. De facto partner is defined in section 5CB of the Act (also see regulations 1.09A and 2.03A) and spouse is defined in section 5F of the Act (also see regulation 1.15A).
115.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
115.21—Criteria to be satisfied at time of application

115.211
  The applicant is a remaining relative of an Australian relative for the applicant.

115.212
  The applicant is sponsored:
 (a) if the Australian relative has turned 18 and is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen—by the Australian relative; or
 (b) by the spouse or de facto partner of the Australian relative if:
 (i) the spouse or de facto partner cohabits with the relative; and
 (ii) the spouse or de facto partner is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
 (iii) the spouse or de facto partner has turned 18.
115.22—Criteria to be satisfied at time of decision

115.221
  The applicant continues to satisfy the criterion in clause 115.211.

115.222
  A sponsorship of the kind mentioned in clause 115.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application.
Note: The applicant may seek the Minister's approval for a change of sponsor as long as the new sponsor meets the description in clause 115.212.

115.223
  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.

115.224
  If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

115.225
  The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

115.226
 (1) Each person who is covered by subclause (2), (3) or (4):
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and
 (b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and
 (c) if the person has previously been in Australia—satisfies special return criteria 5001 and 5002.
 (2) This subclause covers a person:
 (a) who is a member of the family unit of the applicant (the primary applicant); and
 (b) who is also an applicant for a Subclass 115 visa.
 (3) This subclause covers a person (the relevant person) if:
 (a)