Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p45
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 45/80)
Character Range: 1313546–1316238

subclauses (5), (6) and (7), at least 2 years have passed since the Minister made the decision mentioned in paragraph (a).
 (3) The applicant meets the requirements of this subclause if the applicant:
 (a) is the holder of a Subclass 309 (Partner (Provisional)) visa; and
 (b) would meet the requirements of subclause (2) or (2A) except that the sponsoring partner died; and
 (c) 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.
 (4) The applicant meets the requirements of this subclause if:
 (a) the applicant is the holder of a Subclass 309 (Partner (Provisional)) visa; and
 (b) the applicant would meet the requirements of subclause (2) or (2A) except that the relationship between the applicant and the sponsoring partner has ceased; and
 (c) the applicant has entered Australia after making the application; and
 (d) either or both of the following has experienced family violence committed by the sponsoring partner:
 (i) the applicant;
 (ii) a member of the family unit of the sponsoring partner or of the applicant or of both of them.
Note: For special provisions relating to family violence, see Division 1.5.
 (4AA) The applicant meets the requirements of this subclause if the applicant:
 (a) is the holder of a Subclass 309 (Partner (Provisional)) visa; and
 (b) would meet the requirements of subclause (2) or (2A) except that the relationship between the applicant and the sponsoring partner has ceased; and
 (c) has:
 (i) custody or joint custody of, or access to; or
 (ii) a residence order or contact order made under the Family Law Act 1975 relating to;
  at least one child in respect of whom the sponsoring partner:
 (iii) has been granted joint custody or access by a court; or
 (iv) has a residence order or contact order made under the Family Law Act 1975; or
 (v) has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation.
 (4A) The applicant meets the requirements of this subclause:
 (a) if the applicant held a Subclass 309 (Partner (Provisional)) visa that ceased on notification of a decision of the Minister to refuse a Subclass 100 visa; and
 (b) if the ART:
 (i) has remitted that decision for reconsideration and, as a result, the Minister decides that the applicant satisfies the criteria for the grant of a Subclass 100 visa apart from the criterion that the applicant hold a Subclass 309 visa; or
 (ii) has determined that the applicant satisfies the criteria for the grant of a Subclass 100 visa apart from the criterion that the applicant hold a Subclass 309 visa.