Migration Regulations 1994

The applicant meets the requirements of subclause (2) or (3).

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 309 (Partner (Provisional)) visa (the person who satisfies the primary criteria); or

is a person to whom each of the following applies:

the person made a combined application with the person who satisfies the primary criteria;

subsequent to the combined application being made, the person was found by the Minister not to be a member of the family unit of the person who satisfies the primary criteria;

subsequent to the person who satisfies the primary criteria being granted a Subclass 309 (Partner (Provisional)) visa and Subclass 100 (Partner) visa—the ART found the person to be a member of the family unit of the person who satisfies the primary criteria.

If:

the applicant made a combined application with a person (the primary person):

who, having satisfied the primary criteria in Subdivision 309.21, is the holder of a Subclass 309 (Partner (Provisional)) visa; or

who has subsequently been granted a Subclass 100 (Partner) visa; and

both of the following apply in relation to the sponsor of the primary person:

the sponsor has at any time been an unauthorised maritime arrival;

the sponsor was an Australian permanent resident at the time the combined application was made;