Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p44
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 44/80)
Character Range: 1311019–1313779

of the Act.

070.614
  If the visa is not a visa taken to be granted under paragraph 76AA(2)(b) or (3)(c) of the Act, condition 8506 may be imposed in addition to any other condition imposed by or under another provision of this Division.

Subclass 100—Partner
100.1—Interpretation

100.111
  In this Part:
sponsoring partner, in relation to an applicant, means:
 (a) an Australian citizen, Australian permanent resident, or eligible New Zealand citizen who was specified as the applicant's spouse, intended spouse or de facto partner in the application that resulted in the grant of the Subclass 309 (Partner (Provisional)) visa mentioned in paragraph 100.221(2)(a), (2A)(a), (3)(a), (4)(a), (4AA)(a) or (4A)(a); or
 (b) for a person to whom the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa—the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was the spouse or de facto partner of that person at the time the visa was granted.
Note: Australian permanent resident, eligible New Zealand citizen, long‑term partner relationship and permanent humanitarian visa are defined in regulation 1.03, de facto partner is defined in section 5CB of the Act, and spouse is defined in section 5F of the Act.
100.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 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.
100.21—[No criteria to be satisfied at time of application]
100.22—Criteria to be satisfied at time of decision

100.221
 (1) The applicant meets the requirements of subclause (2), (2A), (3), (4), (4AA) or (4A).
 (2) The applicant meets the requirements of this subclause if:
 (a) the applicant is the holder of a Subclass 309 (Partner (Provisional)) visa; and
 (b) the applicant is the spouse or de facto partner of the sponsoring partner; and
 (c) subject to subclauses (5), (6) and (7), at least 2 years have passed since the application was made.
 (2A) The applicant meets the requirements of this subclause if:
 (a) the applicant is the holder of a Subclass 309 (Partner (Provisional)) 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 the spouse or de facto partner of the sponsoring partner; and
 (c) subject to subclauses (5), (6) and (7), at least 2 years have passed since the Minister made the decision mentioned in paragraph (a).
 (3) The applicant meets the requirements of this subclause if the applicant:
 (a) is the holder of a Subclass