Migration Regulations 1994

The applicant meets the requirements of subclause (2), (2A), (3), (4), (4AA) or (4A).

The applicant meets the requirements of this subclause if:

the applicant is the holder of a Subclass 309 (Partner (Provisional)) visa; and

the applicant is the spouse or de facto partner of the sponsoring partner; and

subject to subclauses (5), (6) and (7), at least 2 years have passed since the application was made.

The applicant meets the requirements of this subclause if:

the applicant is the holder of a Subclass 309 (Partner (Provisional)) visa which the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant to the applicant; and

the applicant is the spouse or de facto partner of the sponsoring partner; and

subject to subclauses (5), (6) and (7), at least 2 years have passed since the Minister made the decision mentioned in paragraph (a).

The applicant meets the requirements of this subclause if the applicant:

is the holder of a Subclass 309 (Partner (Provisional)) visa; and

would meet the requirements of subclause (2) or (2A) except that the sponsoring partner died; and

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.

The applicant meets the requirements of this subclause if:

the applicant is the holder of a Subclass 309 (Partner (Provisional)) visa; and

the applicant would meet the requirements of subclause (2) or (2A) except that the relationship between the applicant and the sponsoring partner has ceased; and

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:

the applicant;

a member of the family unit of the sponsoring partner or of the applicant or of both of them.

For special provisions relating to family violence, see Division 1.5.

The applicant meets the requirements of this subclause if the applicant:

is the holder of a Subclass 309 (Partner (Provisional)) visa; and

would meet the requirements of subclause (2) or (2A) except that the relationship between the applicant and the sponsoring partner has ceased; and

has:

custody or joint custody of, or access to; or

a residence order or contact order made under the Family Law Act 1975 relating to;

has been granted joint custody or access by a court; or

has a residence order or contact order made under the Family Law Act 1975; or

has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation.

The applicant meets the requirements of this subclause:

if the applicant held a Subclass 309 (Partner (Provisional)) visa that ceased on notification of a decision of the Minister to refuse a Subclass 100 visa; and

if the ART:

has remitted that decision for reconsideration and, as a result, the Minister decides that the applicant satisfies the criteria for the grant of a Subclass 100 visa apart from the criterion that the applicant hold a Subclass 309 visa; or

has determined that the applicant satisfies the criteria for the grant of a Subclass 100 visa apart from the criterion that the applicant hold a Subclass 309 visa.

Paragraphs (2)(c) and (2A)(c) do not apply to an applicant who at the time of making the application was in a long‑term partner relationship with the sponsoring partner.

Paragraphs (2)(c) and (2A)(c) do not apply to an applicant whose sponsoring partner:

is, or was, the holder of a permanent humanitarian visa; and

before that permanent visa was granted, was in a married relationship or de facto relationship with the applicant of which Immigration was informed before that permanent visa was granted.

Nothing in paragraphs (2)(c) and (2A)(c) prevents the Minister, less than 2 years after the application is made, from:

refusing to grant a Subclass 100 visa; or

granting a Subclass 100 visa to an applicant who meets the requirements of subclause (3), (4) or (4AA).