Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p63
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 63/68)
Character Range: 2035725–2038374

1.03, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
801.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. The dependent child of an applicant who satisfies the primary criteria is also eligible for the grant of the visa if the child satisfies the secondary criteria.
801.21—[No criteria to be satisfied at time of application.]
801.22—Criteria to be satisfied at time of decision

801.221
 (1) The applicant meets the requirements of subclause (2), (2A), (3), (4), (5), (6), (6AA), (6AB) or (8).
 (2) An applicant meets the requirements of this subclause if:
 (a) the applicant is the holder of a Subclass 820 visa; and
 (b) the applicant continues to be sponsored for the grant of the Subclass 820 (Partner) visa by:
 (i) the sponsoring partner; or
 (ii) the Australian citizen, Australian permanent resident or eligible New Zealand citizen who sponsored the applicant for that visa; and
 (c) the applicant is the spouse or de facto partner of the sponsoring partner; and
 (d) subject to subclauses (6A) and (7), at least 2 years have passed since the application was made.
 (2A) An applicant meets the requirements of this subclause if:
 (a) the applicant is the holder of a Subclass 820 (Partner) visa which the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant to the applicant; and
 (b) the applicant is the spouse or de facto partner of the sponsoring partner; and
 (c) subject to subclauses (6A) and (7), at least 2 years have passed since the Minister made the decision mentioned in paragraph (a).
 (3) An applicant meets the requirements of this subclause if the applicant is the holder of a Subclass 820 visa granted on the basis that the applicant met the requirements of subclause 820.221(2).
 (4) An applicant meets the requirements of this subclause if the applicant is the holder of a Subclass 820 visa granted on the basis that the applicant met the requirements of subclause 820.221(3).
 (5) An applicant meets the requirements of this subclause if the applicant:
 (a) is the holder of a Subclass 820 visa; and
 (b) would meet the requirements of subclause (2) or (2A) except that the sponsoring partner has 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.
 (6) An applicant meets the requirements of this subclause if:
 (a) the applicant is the holder of a Subclass 820 visa; and
 (b) the