Migration Regulations 1994

The applicant satisfies subclauses (2) to (7).

The applicant continues to be the spouse or de facto partner of a person who, having satisfied the primary criteria, is the holder of a Subclass 410 visa.

The applicant satisfies this subclause if:

the applicant:

satisfies public interest criteria 4001, 4002, 4003, 4004, 4013, 4014 and 4020; and

satisfies public interest criterion 4019, if he or she had turned 18 at the time of application; and

the applicant is free from tuberculosis; and

the applicant is free from a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community; and

if the applicant is a person from whom a Medical Officer of the Commonwealth has requested a signed undertaking to present himself or herself to a health authority in the State or Territory of intended residence in Australia for a follow‑up medical assessment—the applicant has provided such an undertaking.

If the applicant is in Australia, the applicant has complied substantially with the conditions (the previous visa conditions) that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa, unless:

if condition 8303 was a previous visa condition—the applicant has complied substantially with that condition; and

either:

the applicant holds a Subclass 410 visa; or

the last substantive visa held by the applicant was a Subclass 410 visa; and

the Minister is satisfied that the applicant was unable to comply substantially with the previous visa conditions (other than condition 8303) because of compassionate and compelling circumstances.

If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.

The Minister may waive the requirements of subclause (7) if the Minister is satisfied that, in the particular case, waiver is justified by:

compelling circumstances that affect the interests of Australia; or

compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.