Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p6
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 6/40)
Character Range: 2124835–2127559

meets the requirements of this subclause if:
 (a) the applicant is not the holder of a substantive visa; and
 (b) the applicant last entered Australia as the holder of a Subclass 300 (Prospective Marriage) visa; and
 (c) the applicant has married the Australian citizen, Australian permanent resident or eligible New Zealand citizen whom the applicant entered Australia to marry; and
 (d) the applicant ceased to hold a substantive visa after marrying that Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
 (e) the applicant is the spouse of the sponsoring partner; and
 (f) the applicant is sponsored:
 (i) if the applicant's spouse has turned 18—by the spouse; or
 (ii) if the applicant's spouse has not turned 18—by a parent or guardian of the spouse who:
 (A) has turned 18; and
 (B) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
 (6) An applicant meets the requirements of this subclause if the applicant:
 (a) is the holder of a Subclass 300 (Prospective Marriage) visa; and
 (b) has married the sponsoring partner under a marriage that is recognised as valid for the purposes of the Act; and
 (c) the applicant is sponsored:
 (i) if the applicant's spouse has turned 18—by the spouse; or
 (ii) if the applicant's spouse has not turned 18—by a parent or guardian of the spouse who:
 (A) has turned 18; and
 (B) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
 (d) continues to be the spouse of the sponsoring partner.
 (7) An applicant meets the requirements of this subclause if:
 (a) the applicant is the holder of a Subclass 300 (Prospective Marriage) visa; and
 (c) the sponsoring partner has died; and
 (d) the applicant satisfies the Minister that the applicant would have continued to be the spouse or prospective spouse of the sponsoring partner if the sponsoring partner had not died.
 (8) An applicant meets the requirements of this subclause if:
 (a) the applicant is the holder of a Subclass 300 (Prospective Marriage) visa; and
 (c) the relationship between the applicant and the sponsoring partner has ceased; and
 (d) either or both of the following circumstances applies:
 (i) any one or more of the following:
 (A) the applicant;
 (B) a member of the family unit of the applicant who has made a combined application with the applicant;
 (C) 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;