Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p5
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 5/40)
Character Range: 2122462–2125073

application

820.211
 (1) The applicant:
 (a) is not the holder of a Subclass 771 (Transit) visa; and
 (b) meets the requirements of subclause (2), (5), (6), (7), (8) or (9).
 (2) An applicant meets the requirements of this subclause if:
 (a) the applicant is the spouse or de facto partner of a person who:
 (i) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
 (ii) is not prohibited by subclause (2B) from being a sponsoring partner; and
 (c) the applicant is sponsored:
 (i) if the applicant's spouse or de facto partner has turned 18—by the spouse or de facto partner; 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) in the case of an applicant who is not the holder of a substantive visa—either:
 (i) the applicant:
 (A) entered Australia as the holder of a Subclass 995 (Diplomatic) visa or as a special purpose visa holder who at the time of entry met the requirements of subclause (2A); and
 (B) satisfies Schedule 3 criterion 3002; or
 (ii) the applicant satisfies Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria.
 (2A) An applicant meets the requirements of this subclause if:
 (a) the applicant is:
 (i) a SOFA member; or
 (ii) a SOFA forces civilian component member; or
 (b) the applicant:
 (i) is a dependent child of a person referred to in paragraph (a); and
 (ii) holds a valid national passport and certificate that he or she is a dependant of a SOFA forces member or a SOFA forces civilian component member, as the case requires.
 (2B) The spouse or de facto partner of the applicant is prohibited from being a sponsoring partner if:
 (a) the spouse or de facto partner 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.
 (5) An applicant 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