Migration Regulations 1994

In the case of an applicant referred to in subclause 820.211(2), (5), (6), (7), (8) or (9), the applicant either:

continues to meet the requirements of the applicable subclause; or

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

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

would continue to meet the requirements of subclause 820.211(2), (5) or (6) 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.

An applicant meets the requirements of this subclause if:

the applicant would continue to meet the requirements of subclause 820.211(2), (5) or (6) except that the relationship between the applicant and the sponsoring partner has ceased; and

either or both of the following circumstances applies:

either or both of the following:

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.

If paragraph 820.211(2)(c), (5)(f) or (6)(c) requires the applicant to be sponsored:

the sponsorship has been approved by the Minister and is still in force; and

the sponsor has consented to the disclosure by the Department, to each applicant included in the sponsorship, of any conviction of the sponsor for a relevant offence (within the meaning of subregulation 1.20KC(2)).

Regulations 1.20J, 1.20KA, 1.20KB and 1.20KC limit the Minister’s discretion to approve sponsorships.

The sponsor may be asked to consent to the disclosure mentioned in paragraph (b) on the approved form required to be completed by the sponsor in relation to the visa application.

For the purposes of subclause (4), the conviction of the sponsor for a relevant offence is to be disregarded if:

the conviction has been quashed or otherwise nullified; or

both:

the sponsor has been pardoned in relation to the conviction; and

the effect of that pardon is that the sponsor is taken never to have been convicted of the offence.