Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p108
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 108/178)
Character Range: 1694452–1697245

are applicants for a visa of this subclass need satisfy only the secondary criteria.
300.21—Criteria to be satisfied at time of application

300.211
  The applicant intends to marry a person who is:
 (a) an Australian citizen; or
 (b) an Australian permanent resident; or
 (c) an eligible New Zealand citizen.

300.212A
  The applicant has turned 18.

300.212
 (1) The prospective spouse of the applicant is not prohibited by subclause (2) from being a sponsor.
 (2) The prospective spouse is prohibited from being a sponsor if:
 (a) the prospective spouse is a woman who was granted a Subclass 204 (Woman at Risk) visa within the 5 years immediately preceding the application; and
 (b) 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.

300.213
 (1) The applicant is sponsored by the prospective spouse.
 (2) The prospective spouse has turned 18.

300.214
 (1) The applicant and the prospective spouse have met in person since each of them turned 18.
 (2) The applicant and the prospective spouse are known to each other personally.

300.215
  The applicant establishes:
 (a) that the parties genuinely intend to marry; and
 (b) that the marriage is intended by the parties to take place within the visa period.

300.216
  The Minister is satisfied that the parties genuinely intend to live together as spouses.
300.22—Criteria to be satisfied at time of decision

300.221
  The applicant continues to satisfy the criteria in clause 300.211 and clauses 300.214 to 300.216.

300.221A
  There is no impediment to the marriage in Australian law.

300.222
 (1) The sponsorship of the applicant under clause 300.213 has been approved by the Minister and is still in force.
Note: Regulations 1.20J, 1.20KA, 1.20KB and 1.20KC limit the Minister's discretion to approve sponsorships.
 (2) The prospective spouse has consented to the disclosure by the Department, to each applicant sponsored by the prospective spouse, of any conviction of the prospective spouse for a relevant offence (within the meaning of subregulation 1.20KC(2)).
Note: The prospective spouse may be asked to consent to such disclosure on the approved form required to be completed by the prospective spouse in relation to the visa application.
 (3) For the purposes of subclause (2), the conviction of the prospective spouse for a relevant offence is to be disregarded if:
 (a) the conviction has been quashed or otherwise nullified; or
 (b) both:
 (i) the prospective spouse has been pardoned in relation to the conviction; and
 (ii) the effect of that pardon is that