Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p59
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 59/80)
Character Range: 1348269–1350985

Subclause (1) does not apply if the applicant meets the requirements of subclause 103.313(2).

103.312
 (1) A sponsorship of the kind mentioned in clause 103.212 of the person who satisfies the primary criteria, approved by the Minister:
 (a) is in force; and
 (b) includes sponsorship of the applicant.
 (2) Subclause (1) does not apply if:
 (a) paragraph 103.311(1)(b) applies to the applicant; or
 (b) the applicant meets the requirements of subclause 103.313(2).

103.313
 (1) The applicant meets the requirements of subclause (2).
 (2) An applicant meets the requirements of this subclause if:
 (a) the applicant is a member of the family unit of, and makes a combined application with, a person who has met the requirements of subclause 103.214(2); and
 (b) on 8 May 2018:
 (i) the applicant held a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; or
 (ii) the last substantive visa held by the applicant was a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; and
 (c) during the period commencing on 8 May 2018 and ending on the day the application for the Subclass 103 (Parent) visa is made, the applicant has not held any substantive visa other than a visa mentioned in subparagraph (b)(i); and
 (d) the applicant was in Australia, but not in immigration clearance, when the application for the Subclass 103 (Parent) visa was made.
 (3) This clause does not apply if the applicant satisfies the criteria in clauses 103.311 and 103.312.
103.32—Criteria to be satisfied at time of decision

103.321
 (1) The applicant meets the requirements of subclause (2), (3), (4) or (5).
 (2) The applicant meets the requirements of this subclause if the applicant:
 (a) is the member of the family unit of a person (the primary applicant) who holds a Subclass 103 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
 (b) made a combined application with the primary applicant.
 (3) The applicant meets the requirements of this subclause if:
 (a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 103 visa, and the primary applicant has since been granted that visa; and
 (b) the relationship between the primary applicant and the applicant has ceased; and
 (c) one or more of the following has experienced family violence committed by the primary applicant:
 (i) the applicant;
 (ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;
 (iii) a dependent child of the applicant or of the primary applicant; and