Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p47
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 47/80)
Character Range: 1318464–1321111

(4AA);
the applicant is nominated for the grant of the Subclass 100 visa by the sponsoring partner.
100.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
100.31—Criteria to be satisfied at time of application

100.311
  The applicant is a member of the family unit of a person who has applied for a Partner (Migrant) (Class BC) visa, and the Minister has not decided to grant or refuse to grant a visa to the person.
100.32—Criteria to be satisfied at time of decision

100.321
  The applicant:
 (a) is the holder of a Subclass 309 (Partner (Provisional)) visa that was granted on the basis that the applicant was a member of the family unit of, or dependent on, another person who was the holder of a Subclass 309 visa, and that other person has been granted a Subclass 100 visa; or
 (c) is the holder of a Subclass 445 (Dependent Child) visa that was granted on the basis that the applicant was the dependent child of a parent who was the holder of a Subclass 309 or 445 visa and who has been granted a Subclass 100 visa; or
 (d) is a person:
 (i) who holds:
 (A) a Subclass 445 (Dependent Child) visa; or
 (B) a Subclass 309 (Spouse (Provisional)) visa; or
 (C) a Subclass 309 (Partner (Provisional)) visa;
  which the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant to the applicant; and
 (ii) who, at the time the visa mentioned in subparagraph (i) was granted, was the dependent child of, a member of the family unit of, or dependent on, another person:
 (A) who, at the time mentioned in subparagraph (ii), was the holder of a Subclass 445 (Dependent Child) or a Subclass 309 (Partner (Provisional)) visa; and
 (B) who, since the time mentioned in subparagraph (ii), has been granted a Subclass 100 visa.

100.322
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

100.324
  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
100.4—Circumstances applicable to grant

100.411
  The applicant must be:
 (a) in Australia, but not in immigration clearance; or
 (b) outside Australia;
when the visa is granted.
100.5—When visa is in effect

100.511
  Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
100.6—Conditions

100.611
  If the applicant is outside Australia at the time of grant,