Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p8
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 8/40)
Character Range: 2129806–2132603

475 (Skilled—Regional Sponsored) visa; or
 (iii) a Subclass 487 (Skilled—Regional Sponsored) visa; or
 (iv) a Skilled—Regional Sponsored (Provisional) (Class SP) visa; or
 (v) a Skilled Work Regional (Provisional) (Class PS) visa; or
 (vi) a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa;
the applicant has substantially complied with the conditions to which that visa was subject.
820.22—Criteria to be satisfied at time of decision

820.221
 (1) In the case of an applicant referred to in subclause 820.211(2), (5), (6), (7), (8) or (9), the applicant either:
 (a) continues to meet the requirements of the applicable subclause; or
 (b) meets the requirements of subclause (2) or (3).
 (2) An applicant meets the requirements of this subclause if the applicant:
 (a) would continue to meet the requirements of subclause 820.211(2), (5) or (6) except that the sponsoring partner has died; and
 (b) satisfies the Minister that the applicant would have continued to be the spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died.
 (3) An applicant meets the requirements of this subclause if:
 (a) the applicant would continue to meet the requirements of subclause 820.211(2), (5) or (6) except that the relationship between the applicant and the sponsoring partner has ceased; and
 (b) 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.
 (4) If paragraph 820.211(2)(c), (5)(f) or (6)(c) requires the applicant to be sponsored:
 (a) the sponsorship has been approved by the Minister and is still in force; and
 (b) the sponsor has consented to the disclosure by the Department, to each applicant included in the sponsorship, of any conviction of the sponsor for a relevant offence (within the meaning of subregulation 1.20KC(2)).
Note 1: Regulations 1.20J, 1.20KA, 1.20KB and 1.20KC limit the Minister's discretion to approve sponsorships.
Note 2: The sponsor may be asked to consent to the disclosure mentioned in paragraph (b) on the