Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p112
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 112/178)
Character Range: 1704488–1707244

an eligible New Zealand citizen.
 (2) If the applicant is an applicant referred to in subclause 309.211(3), the applicant is sponsored:
 (a) if the applicant's intended spouse has turned 18—by that intended spouse; or
 (b) if the applicant's intended spouse has not turned 18—by a parent or guardian of that intended spouse who:
 (i) has turned 18; and
 (ii) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
309.22—Criteria to be satisfied at time of decision

309.221
 (1) Either:
 (a) the applicant continues to meet the requirements of clause 309.211; or
 (b) the applicant meets the requirements of subclause (2) or (3) of this clause.
 (2) The applicant meets the requirements of this subclause if the applicant:
 (a) would continue to meet the requirements of clause 309.211 except that the sponsoring partner has died; and
 (b) 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.
 (3) The applicant meets the requirements of this subclause if:
 (a) the applicant would continue to meet the requirements of clause 309.211 except that the relationship between the applicant and the sponsoring partner has ceased; and
 (b) either or both of the following circumstances applies:
 (i) the applicant has entered Australia after making the application and either or both of the following has experienced family violence committed by the sponsoring partner:
 (A) the applicant;
 (B) a member of the family unit of the sponsoring partner or of the applicant or of both of them;
 (ii) the applicant:
 (A) has custody or joint custody of, or access to; or
 (B) has a residence order or contact order made under the Family Law Act 1975 relating to;
  at least 1 child in respect of whom the sponsoring partner:
 (C) has been granted joint custody or access by a court; or
 (D) has a residence order or contact order made under the Family Law Act 1975; or
 (E) has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation.
Note: For special provisions relating to family violence, see Division 1.5.

309.222
 (1) The sponsorship referred to in clause 309.213 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 sponsor has consented to the disclosure by the Department, to each applicant included in the sponsorship, of any conviction of the sponsor for a relevant offence (within the meaning of subregulation 1.20KC(2)).
Note: The sponsor may be asked to consent to such disclosure on the approved form required