Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p64
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 64/68)
Character Range: 2038149–2040809

spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died.
 (6) An applicant meets the requirements of this subclause if:
 (a) the applicant is the holder of a Subclass 820 visa; and
 (b) the applicant would meet the requirements of subclause (2) or (2A) except that the relationship between the applicant and the sponsoring partner has ceased; and
 (c) either or both of the following circumstances applies:
 (i) either or both of the following:
 (A) the applicant;
 (B) a dependent child of the sponsoring partner or of the applicant or of both of them;
  has experienced family violence committed by the sponsoring partner;
 (ii) the applicant:
 (A) has custody or joint custody of, or access to; or
 (B) has a residence order or contact order made under the Family Law Act 1975 relating to;
  at least 1 child in respect of whom the sponsoring partner:
 (C) has been granted joint custody or access by a court; or
 (D) has a residence order or contact order made under the Family Law Act 1975; or
 (E) has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation.
Note: For special provisions relating to family violence, see Division 1.5.
 (6AA) An applicant meets the requirements of this subclause if the applicant is the holder of a Subclass 820 visa granted on the basis that the applicant continued to meet the requirements of subclause 820.211(7) or (8).
 (6AB) An applicant meets the requirements of this subclause if the applicant is the holder of a Subclass 820 visa granted on the basis that the applicant continued to meet the requirements of subclause 820.211(9).
 (6A) Paragraphs (2)(d) 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.
 (7) Nothing in paragraphs (2)(d) and (2A)(c) prevents the Minister, less than 2 years after the application is made:
 (a) refusing to grant a Subclass 801 visa; or
 (d) approving the grant of a Subclass 801 visa to an applicant who meets the requirements of subclause (5) or (6).
 (8) The applicant meets the requirements of this subclause:
 (a) if the applicant held a Subclass 820 (Partner) visa that ceased on notification of a decision of the Minister to refuse a Subclass 801 visa; and
 (b) if the ART:
 (i) has remitted that decision for reconsideration and, as a result, the Minister decides that the applicant satisfies the criteria for the grant of a Subclass 801 visa apart from the criterion that the applicant hold a Subclass 820 visa; or
 (ii) has determined that the applicant satisfies