Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p36
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 36/40)
Character Range: 2200133–2202962

the requirements of subclause (3) or (3A); and
 (b) the applicant has made a combined application with either the secondary applicant or the primary applicant mentioned in subclause (3) or (3A) (whichever applies to the secondary applicant); and
 (c) a Subclass 858 visa has since been granted to the secondary applicant.
Note: For special provisions relating to family violence, see Division 1.5.

858.322
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4009, 4010 and 4021; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

858.324
  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

858.326
  Unless the primary applicant mentioned in clause 858.321 in relation to the applicant met the requirements of subclause 858.212(4), the applicant satisfies public interest criteria 4020.

858.327
  The applicant satisfies special return criteria 5001, 5002 and 5010.

858.328
 (1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 858.321(3A).
 (2) Unless the secondary applicant was, at the time of application, the spouse or de facto partner of a primary applicant who met the requirements of subclause 858.212(4), each member of the family unit of the secondary applicant satisfies public interest criterion 4020.
 (3) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 858 visa satisfies:
 (a) public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4009 and 4010; and
 (b) special return criteria 5001, 5002 and 5010.
 (4) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 858 visa and who has turned 18 at the time of application satisfies public interest criterion 4019.
 (5) Public interest criteria 4015 and 4016 are satisfied in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 858 visa and who has not turned 18 at the time of decision.
 (6) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 858 visa:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004; and
 (b) satisfies public interest criterion 4007 unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to that criterion.
858.4—Circumstances applicable to grant

858.411
  The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
858.5—When visa is in effect

858.511
  Permanent visa permitting the holder to