309.221
Either:
the applicant continues to meet the requirements of clause 309.211; or
the applicant meets the requirements of subclause (2) or (3) of this clause.
The applicant meets the requirements of this subclause if the applicant:
would continue to meet the requirements of clause 309.211 except that the sponsoring partner has 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 would continue to meet the requirements of clause 309.211 except that the relationship between the applicant and the sponsoring partner has ceased; and
either or both of the following circumstances applies:
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;
the applicant:
has custody or joint custody of, or access to; or
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:
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.
For special provisions relating to family violence, see Division 1.5.
This Act’s bill:Explanatory statement
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