Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p133
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 133/178)
Character Range: 1757333–1760175

is expected soon to be, in Australia; and
 (b) the applicant intends to stay temporarily in Australia with the spouse or de facto partner.
405.32—Criteria to be satisfied at time of decision

405.321
  The applicant continues to be the spouse or de facto partner of a person who, having satisfied the primary criteria, is the holder of a Subclass 405 visa.

405.322
  The applicant continues to satisfy the criteria in clause 405.312.

405.323
  The family unit of the applicant does not include any person (other than the applicant's spouse or de facto partner) dependent on the applicant or the applicant's spouse or de facto partner.

405.324
  If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

405.325
  If the applicant is in Australia, the applicant has complied substantially with the conditions (the previous visa conditions) that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa, unless:
 (a) if condition 8303 was a previous visa condition—the applicant has complied substantially with that condition; and
 (b) either:
 (i) the applicant holds a Subclass 405 visa; or
 (ii) the last substantive visa held by the applicant was a Subclass 405 visa; and
 (c) the Minister is satisfied that the applicant was unable to comply substantially with the previous visa conditions (other than condition 8303) because of compassionate and compelling circumstances.

405.326
  If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.

405.327
  The Minister may waive the requirement of clause 405.326 if the Minister is satisfied that, in the particular case, waiver is justified by:
 (a) compelling circumstances that affect the interests of Australia; or
 (b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

405.328
  The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

405.329
 (1) This clause applies to an applicant other than an applicant to whom clause 405.330 applies.
 (2) The Minister is satisfied that the applicant has adequate arrangements for health insurance for the period of the applicant's intended stay in Australia as the holder of a Subclass 405 visa.
 (3) The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014, 4020 and 4021; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

405.330
 (1) This clause applies to an applicant if:
 (a) the applicant is the holder of a Subclass 405 visa; or
 (b) the