Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p111
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 111/178)
Character Range: 1702064–1704745

(also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
309.2—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.
309.21—Criteria to be satisfied at time of application

309.211
 (1) The applicant meets the requirements of subclause (2) or (3).
 (2) The applicant meets the requirements of this subclause if the applicant is the spouse or de facto partner of:
 (a) an Australian citizen; or
 (b) an Australian permanent resident; or
 (c) an eligible New Zealand citizen.
 (3) The applicant meets the requirements of this subclause if:
 (a) the applicant intends to marry:
 (i) an Australian citizen; or
 (ii) an Australian permanent resident; or
 (iii) an eligible New Zealand citizen; and
 (b) the intended marriage will, if it takes place, be a valid marriage for the purposes of section 12 of the Act.
Note: If the applicant is an applicant referred to in subclause 309.211(3), then, except in certain circumstances, the marriage must have taken place before the applicant can be granted a visa of this subclass: see clause 309.224.

309.212
 (1) The spouse, de facto partner or intended spouse of the applicant is not prohibited by subclause (2) from being a sponsor.
 (2) The spouse, de facto partner or intended spouse is prohibited from being a sponsor if:
 (a) the applicant is a male person; and
 (b) the spouse, de facto partner or intended spouse is a woman who was granted a Subclass 204 (Woman at Risk) visa within the 5 years immediately preceding the application; and
 (c) on the date of grant of that visa:
 (i) the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or
 (ii) the applicant was the spouse or de facto partner of that woman and that relationship had not been declared to Immigration.

309.213
 (1) If the applicant is an applicant referred to in subclause 309.211(2), the applicant is sponsored:
 (a) if the applicant's spouse or de facto partner has turned 18—by that spouse or de facto partner; or
 (b) if the applicant's spouse has not turned 18—by a parent or guardian of that spouse who:
 (i) has turned 18; and
 (ii) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
 (2) If the applicant is an applicant referred to in subclause 309.211(3), the applicant is sponsored:
 (a) if the applicant's intended spouse has turned 18—by that intended spouse; or
 (b) if the applicant's intended spouse