(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
204.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.
204.31—Criteria to be satisfied at time of application
204.311
The applicant:
(a) is a member of the family unit of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 204.211(1)(a); or
(b) is a member of the immediate family of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 204.211(1)(b).
204.32—Criteria to be satisfied at time of decision
204.321
The applicant:
(a) continues to be a member of the family unit of a person who, having satisfied the primary criteria and, in particular, having met the requirements of paragraph 204.211(1)(a), is the holder of a Subclass 204 visa; or
(b) continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having met the requirements of paragraph 204.211(1)(b)), is the holder of a Subclass 204 visa.
204.322
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
204.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(aa) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019; and
(b) if the applicant has previously been in Australia—satisfies special return criterion 5001.
204.4—Circumstances applicable to grant
204.411
The applicant must be outside Australia when the visa is granted.
204.5—When visa is in effect
204.511
Permanent visa permitting the holder to travel to and enter Australia within 5 years of grant.
204.6—Conditions
204.611
Entry must be made before a date specified by the Minister for the purpose.
204.612
Condition 8502 may be imposed.
Subclass 300—Prospective Marriage
300.1—Interpretation
300.111
In this Part:
prospective spouse means the Australian citizen, Australian permanent resident or eligible New Zealand citizen referred to in clause 300.211.
the parties means the applicant and the prospective spouse.
Note: For eligible New Zealand citizen, see regulation 1.03.
300.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
300.21—Criteria to be satisfied at time of application
300.211
The applicant intends to marry a person who is:
(a) an Australian citizen; or
(b) an Australian permanent resident; or
(c) an eligible New Zealand citizen.
300.212A
The applicant has turned 18.
300.212
(1) The prospective spouse of the applicant is not prohibited by subclause (2) from being a sponsor.
(2) The prospective spouse is prohibited from being a sponsor if:
(a) the prospective spouse is a woman who was granted a Subclass 204 (Woman at Risk) visa within the 5 years immediately preceding the application; and
(b) on the date of grant of that visa:
(i) the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or
(ii) the applicant was the spouse or de facto partner of that woman and that relationship had not been declared to Immigration.
300.213
(1) The applicant is sponsored by the prospective spouse.
(2) The prospective spouse has turned 18.
300.214
(1) The applicant and the prospective spouse have met in person since each of them turned 18.
(2) The applicant and the prospective spouse are known to each other personally.
300.215
The applicant establishes:
(a) that the parties genuinely intend to marry; and
(b) that the marriage is intended by the parties to take place within the visa period.
300.216
The Minister is satisfied that the parties genuinely intend to live together as spouses.
300.22—Criteria to be satisfied at time of decision
300.221
The applicant continues to satisfy the criteria in clause 300.211 and clauses 300.214 to 300.216.
300.221A
There is no impediment to the marriage in Australian law.
300.222
(1) The sponsorship of the applicant under clause 300.213 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 prospective spouse has consented to the disclosure by the Department, to each applicant sponsored by the prospective spouse, of any conviction of the prospective spouse for a relevant offence (within the meaning of subregulation 1.20KC(2)).
Note: The prospective spouse may be asked to consent to such disclosure on the approved form required to be completed by the prospective spouse in relation to the visa application.
(3) For the purposes of subclause (2), the conviction of the prospective spouse for a relevant offence is to be disregarded if:
(a) the conviction has been quashed or otherwise nullified; or
(b) both:
(i) the prospective spouse has been pardoned in relation to the conviction; and
(ii) the effect of that pardon is that the prospective spouse is taken never to have been convicted of the offence.
300.223
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4019, 4020 and 4021.
300.224
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
300.226
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 300 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010 and 4020; and
(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
(b) if the person has previously been in Australia, satisfies special return criteria 5001 and 5002.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 300 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
300.227
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
300.3—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.
300.31—Criteria to be satisfied at time of application
300.311
The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in clauses 300.211 to 300.212 and 300.214 to 300.216.
300.312
The sponsorship referred to in clause 300.213 in respect of the person who satisfies the primary criteria includes sponsorship of the applicant.
300.32—Criteria to be satisfied at time of decision
300.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 300 visa.
300.322
The sponsorship referred to in clause 300.312 has been approved by the Minister and is still in force.
300.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
300.324
If the applicant has previously been in Australia, the applicant satisfies the special return criteria 5001 and 5002.
300.326
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
300.4—Circumstances applicable to grant
300.412
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
300.5—When visa is in effect
300.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until:
(a) a date specified by the Minister, which must be a date occurring at least 9 months, but not more than 15 months, from the date of grant; or
(b) if the Minister does not specify a date—9 months from the date of grant.
300.512
Despite clause 300.511, the visa is a temporary visa permitting the holder to travel to, enter and remain in Australia until 31 March 2022 if:
(a) the visa was in effect at any time during the period beginning on 6 October 2020 and ending on 10 December 2020; and
(b) the holder is outside Australia on 10 December 2020.
300.513
Despite clauses 300.511 and 300.512, the visa is a temporary visa permitting the holder to travel to, enter and remain in Australia until 31 December 2022 if:
(a) the visa was in effect on 15 September 2021; and
(b) the holder is outside Australia on 15 September 2021.
300.6—Conditions
300.611
First entry must be made before a date specified by the Minister for the purpose.
300.612
If the applicant satisfies the primary criteria, conditions 8515 and 8519.
300.613
If the applicant satisfies the primary criteria, condition 8502 may be imposed.
300.614
If the applicant satisfies the secondary criteria, condition 8520.
300.615
If the applicant satisfies the secondary criteria, either or both of conditions 8502 and 8515 may be imposed.
Subclass 309—Partner (Provisional)
309.1—Interpretation
309.111
In this Part:
intended spouse means the person referred to in subparagraph 309.211(3)(a)(i), (ii) or (iii).
Note: eligible New Zealand citizen and guardian are defined in regulation 1.03, parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), 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).
309.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
309.21—Criteria to be satisfied at time of application
309.211
(1) The applicant meets the requirements of subclause (2) or (3).
(2) The applicant meets the requirements of this subclause if the applicant is the spouse or de facto partner of:
(a) an Australian citizen; or
(b) an Australian permanent resident; or
(c) an eligible New Zealand citizen.
(3) The applicant meets the requirements of this subclause if:
(a) the applicant intends to marry:
(i) an Australian citizen; or
(ii) an Australian permanent resident; or
(iii) an eligible New Zealand citizen; and
(b) the intended marriage will, if it takes place, be a valid marriage for the purposes of section 12 of the Act.
Note: If the applicant is an applicant referred to in subclause 309.211(3), then, except in certain circumstances, the marriage must have taken place before the applicant can be granted a visa of this subclass: see clause 309.224.
309.212
(1) The spouse, de facto partner or intended spouse of the applicant is not prohibited by subclause (2) from being a sponsor.
(2) The spouse, de facto partner or intended spouse is prohibited from being a sponsor if:
(a) the applicant is a male person; and
(b) the spouse, de facto partner or intended spouse is a woman who was granted a Subclass 204 (Woman at Risk) visa within the 5 years immediately preceding the application; and
(c) on the date of grant of that visa:
(i) the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or
(ii) the applicant was the spouse or de facto partner of that woman and that relationship had not been declared to Immigration.
309.213
(1) If the applicant is an applicant referred to in subclause 309.211(2), the applicant is sponsored:
(a) if the applicant’s spouse or de facto partner has turned 18—by that spouse or de facto partner; or
(b) if the applicant’s spouse has not turned 18—by a parent or guardian of that spouse who:
(i) has turned 18; and
(ii) is an Australian citizen, an Australian permanent resident or 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 to be completed by the sponsor in relation to the visa application.
(3) For the purposes of subclause (2), the conviction of the sponsor for a relevant offence is to be disregarded if:
(a) the conviction has been quashed or otherwise nullified; or
(b) both:
(i) the sponsor has been pardoned in relation to the conviction; and
(ii) the effect of that pardon is that the sponsor is taken never to have been convicted of the offence.
(4) This clause does not apply in relation to an applicant who meets the requirements of subclause 309.221(2) or (3).
309.223
In the case of an applicant who meets the requirements of subclause 309.211(2), either:
(a) the applicant continues to be the spouse or de facto partner of the person referred to in paragraph 309.211(2)(a), (b) or (c) who was the applicant’s spouse or de facto partner at the time of the application; or
(b) paragraph 309.221(1)(b) applies.
309.224
If the applicant is an applicant referred to in subclause 309.211(3), either:
(a) the marriage referred to in that subclause has taken place and the applicant continues to be the spouse of the intended spouse; or
(b) both of the following:
(i) paragraph 309.221(1)(b) applies;
(ii) before the intended spouse died, or before the relationship between the applicant and the intended spouse ceased, the applicant was the spouse or de facto partner of the intended spouse.
309.225
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.
309.226
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
309.228
(1) Each member of the family unit of, and each person who is dependent on, the applicant who is an applicant for a Subclass 309 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4020; and
(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
(b) if the person has previously been in Australia, satisfies special return criteria 5001 and 5002.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 309 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and