Migration Regulations 1994

The applicant:

is not the holder of a Subclass 771 (Transit) visa; and

meets the requirements of subclause (2), (5), (6), (7), (8) or (9).

An applicant meets the requirements of this subclause if:

the applicant is the spouse or de facto partner of a person who:

is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

is not prohibited by subclause (2B) from being a sponsoring partner; and

the applicant is sponsored:

if the applicant’s spouse or de facto partner has turned 18—by the spouse or de facto partner; or

if the applicant’s spouse has not turned 18—by a parent or guardian of the spouse who:

has turned 18; and

is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

in the case of an applicant who is not the holder of a substantive visa—either:

the applicant:

entered Australia as the holder of a Subclass 995 (Diplomatic) visa or as a special purpose visa holder who at the time of entry met the requirements of subclause (2A); and

satisfies Schedule 3 criterion 3002; or

the applicant satisfies Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria.

An applicant meets the requirements of this subclause if:

the applicant is:

a SOFA member; or

a SOFA forces civilian component member; or

the applicant:

is a dependent child of a person referred to in paragraph (a); and

holds a valid national passport and certificate that he or she is a dependant of a SOFA forces member or a SOFA forces civilian component member, as the case requires.

The spouse or de facto partner of the applicant is prohibited from being a sponsoring partner if:

the spouse or de facto partner is a woman who was granted a Subclass 204 (Woman at Risk) visa within the 5 years immediately preceding the application; and

on the date of grant of that visa:

the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or

the applicant was the spouse or de facto partner of that woman, and that relationship had not been declared to Immigration.

An applicant meets the requirements of this subclause if:

the applicant is not the holder of a substantive visa; and

the applicant last entered Australia as the holder of a Subclass 300 (Prospective Marriage) visa; and

the applicant has married the Australian citizen, Australian permanent resident or eligible New Zealand citizen whom the applicant entered Australia to marry; and

the applicant ceased to hold a substantive visa after marrying that Australian citizen, Australian permanent resident or eligible New Zealand citizen; and

the applicant is the spouse of the sponsoring partner; and

the applicant is sponsored:

if the applicant’s spouse has turned 18—by the spouse; or

if the applicant’s spouse has not turned 18—by a parent or guardian of the spouse who:

has turned 18; and

is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

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

is the holder of a Subclass 300 (Prospective Marriage) visa; and

has married the sponsoring partner under a marriage that is recognised as valid for the purposes of the Act; and

the applicant is sponsored:

if the applicant’s spouse has turned 18—by the spouse; or

if the applicant’s spouse has not turned 18—by a parent or guardian of the spouse who:

has turned 18; and

is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

continues to be the spouse of the sponsoring partner.

An applicant meets the requirements of this subclause if:

the applicant is the holder of a Subclass 300 (Prospective Marriage) visa; and

the sponsoring partner has died; and

the applicant satisfies the Minister that the applicant would have continued to be the spouse or prospective spouse of the sponsoring partner if the sponsoring partner had not died.

An applicant meets the requirements of this subclause if:

the applicant is the holder of a Subclass 300 (Prospective Marriage) visa; and

the relationship between the applicant and the sponsoring partner has ceased; and

either or both of the following circumstances applies:

any one or more of the following:

the applicant;

a member of the family unit of the applicant who has made a combined application with the applicant;

a dependent child 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;

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.

An applicant meets the requirements of this subclause if:

the applicant is not the holder of a substantive visa; and

the applicant has been the holder of a Subclass 300 (Prospective Marriage) visa; and

the relationship between the applicant and the sponsoring partner has ceased; and

either or both of the following circumstances applies:

any one or more of the following:

the applicant;

a member of the family unit of the applicant who has made a combined application with the applicant;

a dependent child 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;

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.