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Migration Regulations 1994

Authoritative Version
  • - F2018C00202
  • In force - Superseded Version
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SR 1994 No. 268 Regulations as amended, taking into account amendments up to Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) Regulations 2018
Principal Regulations
Administered by: Home Affairs
Registered 03 Apr 2018
Start Date 18 Mar 2018
End Date 12 Apr 2018
Table of contents.

Commonwealth Coat of Arms of Australia

Migration Regulations 1994

Statutory Rules No. 268, 1994

made under the

Migration Act 1958

Compilation No. 188

Compilation date:                              18 March 2018

Includes amendments up to:            F2018L00262

Registered:                                         3 April 2018

This compilation is in 4 volumes

Volume 1:       regulations 1.01–5.45

                        Schedule 1

Volume 2:       Schedule 2 (Subclasses 010–801)

Volume 3:       Schedule 2 (Subclasses 802–995)

                        Schedules 3–5, 6D, 7A, 8–10 and 13

Volume 4:       Endnotes

Each volume has its own contents

 

About this compilation

This compilation

This is a compilation of the Migration Regulations 1994 that shows the text of the law as amended and in force on 18 March 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Schedule 2—Provisions with respect to the grant of Subclasses of visas 1

Subclass 802—Child                                                                                                             1

Subclass 804—Aged Parent                                                                                           10

Subclass 808—Confirmatory (Residence)                                                             16

Subclass 820—Partner                                                                                                      21

Subclass 835—Remaining Relative                                                                           31

Subclass 836—Carer                                                                                                          35

Subclass 837—Orphan Relative                                                                                  39

Subclass 838—Aged Dependent Relative                                                              43

Subclass 851—Resolution of Status                                                                          47

Subclass 852—Referred Stay (Permanent)                                                          50

Subclass 858—Distinguished Talent                                                                         53

Subclass 864—Contributory Aged Parent                                                           58

Subclass 866—Protection                                                                                                68

Subclass 884—Contributory Aged Parent (Temporary)                             72

Subclass 887—Skilled—Regional                                                                               80

Subclass 888—Business Innovation and Investment (Permanent)        85

Subclass 890—Business Owner                                                                                   95

Subclass 891—Investor                                                                                                   100

Subclass 892—State/Territory Sponsored Business Owner                     104

Subclass 893—State/Territory Sponsored Investor                                      111

Subclass 988—Maritime Crew                                                                                   115

Subclass 995—Diplomatic (Temporary)                                                              121

Schedule 3—Additional criteria applicable to unlawful non‑citizens and certain bridging visa holders                                         123

Schedule 4—Public interest criteria and related provisions   126

Part 1—Public interest criteria                                                                                  126

Part 2—Conditions applicable to certain subclasses of visas for the purposes of subclause 4013(2)                                                                                            135

Part 3—Requirements for public interest criterion 4019                          136

Part 4—Requirements for public interest criterion 4022                          137

Schedule 5—Special return criteria                                                         138

Schedule 6D—General points test for General Skilled Migration visas mentioned in subregulation 2.26AC(1)              140

Part 6D.1—Age qualifications                                                                                    140

Part 6D.2—English language qualifications                                                      141

Part 6D.3—Overseas employment experience qualifications                  142

Part 6D.4—Australian employment experience qualifications              143

Part 6D.5—Aggregating points for employment experience qualifications           144

Part 6D.6—Australian professional year qualifications                             145

Part 6D.7—Educational qualifications                                                                 146

Part 6D.7A—Specialist educational qualifications                                        147

Part 6D.8—Australian study qualifications                                                       148

Part 6D.9—Credentialled community language qualifications              149

Part 6D.10—Study in regional Australia or a low‑population growth metropolitan area qualifications                                                                                                      150

Part 6D.11—Partner skill qualifications                                                              151

Part 6D.12—State or Territory nomination qualifications                       152

Part 6D.13—Designated area sponsorship qualifications                         153

Schedule 7A—Business innovation and investment points test—attributes and points (Business Skills (Provisional) (Class EB) visas)    154

Part 7A.1—Definitions                                                                                                    154

Part 7A.2—Age qualifications                                                                                    155

Part 7A.3—English language qualifications                                                      156

Part 7A.4—Educational qualifications                                                                 157

Part 7A.5—Business experience qualifications—Business Innovation stream only          158

Part 7A.6—Investor experience qualifications—Investor stream only 159

Part 7A.7—Financial asset qualifications                                                            160

Part 7A.8—Business turnover qualifications                                                    161

Part 7A.9—Business innovation qualifications                                                162

Part 7A.10—Special endorsement qualifications                                            164

Schedule 8—Visa conditions                                                                           165

Schedule 9Special entry and clearance arrangements  181

Part 1—Persons to whom special arrangements apply under section 166 of the Act      181

Part 2—Persons not required to comply with section 166 of the Act 184

Schedule 10—Prescribed forms                                                                   186

Form 1—Search Warrant—Valuables                                                                 186

Form 2—Search warrant                                                                                              187

Form 3—Document issued in accordance with Annex 9 of the ICAO Convention on International Civil Aviation                                                                      189

Form 4—Identity card                                                                                                    191

Schedule 13—Transitional arrangements                                        192

Part 1—Amendments made by Migration Amendment Regulation 2012 (No. 2)              192

101........................ Operation of Schedule 1................................................. 192

102........................ Operation of Schedule 2................................................. 192

Part 2—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 2)                                                                                                                                    193

201........................ Operation of Schedule 1................................................. 193

Part 3—Amendments made by Migration Amendment Regulation 2012 (No. 3)              194

301........................ Operation of Schedule 1................................................. 194

Part 4—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 3)                                                                                                                                    195

401........................ Operation of amendments............................................... 195

Part 5—Amendments made by Migration Amendment Regulation 2012 (No. 5)              196

501........................ Operation of Schedule 1................................................. 196

Part 6—Amendments made by the Migration Legislation Amendment Regulation 2012 (No. 4)                                                                                                                     197

601........................ Operation of Schedule 1................................................. 197

602........................ Operation of Schedule 2................................................. 197

603........................ Operation of Schedule 3................................................. 197

Part 7—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 5)                                                                                                                                    198

701........................ Operation of amendments............................................... 198

Part 8—Amendments made by Migration Amendment Regulation 2012 (No. 7)              199

801........................ Operation of Schedule 1................................................. 199

Part 10—Amendments made by the Migration Amendment Regulation 2012 (No. 8)   200

1001...................... Operation of amendments............................................... 200

Part 12—Amendments made by the Migration Amendment Regulation 2013 (No. 1)   201

1201...................... Operation of Schedules 1 to 7......................................... 201

Part 13—Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 1)                                                                                                                     202

1301...................... Operation of Schedule 1................................................. 202

1302...................... Operation of Schedule 2................................................. 202

1303...................... Operation of Schedule 3................................................. 202

1304...................... Operation of Schedule 4................................................. 203

Part 14—Amendments made by Migration Amendment Regulation 2013 (No. 2)           204

1401...................... Operation of Schedule 1................................................. 204

Part 15—Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 2)                                                                                                                     205

1501...................... Operation of Schedule 1................................................. 205

Part 16—Amendments made by the Migration Amendment (Permanent Protection Visas) Regulation 2013                                                                                               206

1601...................... Operation of Schedule 1................................................. 206

Part 16A—Amendments made by the Migration Amendment (Subclass 050 and Subclass 051 Visas) Regulation 2013                                                                       207

16A01................... Operation of Schedule 1................................................. 207

Part 17—Amendments made by the Migration Amendment (Visa Application Charge and Related Matters) Regulation 2013                                                        208

1701...................... Operation of Schedule 1................................................. 208

Part 19Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 3)                                                                                                                     209

1901...................... Operation of Schedule 1................................................. 209

1902...................... Operation of Schedule 2................................................. 209

1903...................... Operation of Schedule 3................................................. 209

1904...................... Operation of Schedule 4................................................. 210

1905...................... Operation of Schedule 5................................................. 211

1906...................... Operation of Schedule 6................................................. 211

1907...................... Operation of Schedule 7................................................. 211

1908...................... Operation of Schedule 8................................................. 211

1909...................... Operation of Schedule 9................................................. 211

Part 20Amendments made by the Migration Amendment Regulation 2013 (No. 5)   212

2001...................... Operation of Schedule 1................................................. 212

Part 22—Amendments made by the Migration Amendment (Skills Assessment) Regulation 2013                                                                                               214

2201...................... Operation of Schedule 1................................................. 214

Part 23—Amendments made by the Migration Amendment (Visa Application Charge and Related Matters No. 2) Regulation 2013                                           215

2301...................... Operation of Schedule 1................................................. 215

Part 24—Amendments made by the Migration Amendment (Internet Applications and Related Matters) Regulation 2013                                                        216

2401...................... Operation of Schedule 1................................................. 216

Part 25—Amendments made by the Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013                                                                     217

2501...................... Operation of Schedule 1................................................. 217

Part 27—Amendments made by the Migration Amendment (2014 Measures No. 1) Regulation 2014                                                                                               218

2701...................... Operation of Schedules 1 to 3......................................... 218

2702...................... Operation of Schedule 4................................................. 218

2703...................... Operation of Schedule 5................................................. 218

Part 28—Amendments made by the Migration Amendment (Redundant and Other Provisions) Regulation 2014                                                                     219

2801...................... Operation of Schedule 1................................................. 219

Part 29—Amendments made by the Migration Amendment (Credit Card Surcharge) Regulation 2014                                                                                               220

2901...................... Operation of Schedule 1................................................. 220

Part 31—Amendments made by the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014                                                                                221

3101...................... Operation of Schedule 1................................................. 221

3102...................... Operation of Schedules 2 and 3...................................... 221

3103...................... Operation of Schedule 5................................................. 221

3104...................... Operation of Schedule 7................................................. 221

Part 32—Amendments made by the Migration Amendment (Credit Card Surcharge Additional Measures) Regulation 2014                                             222

3201...................... Operation of Schedule 1................................................. 222

Part 33—Amendments made by the Migration Amendment (Temporary Graduate Visas) Regulation 2014                                                                                               223

3301...................... Operation of Part 1 of Schedule 1................................... 223

Part 34—Amendments made by the Migration Amendment (Bridging Visas) Regulation 2014                                                                                               224

3401...................... Operation of Part 1 of Schedule 1................................... 224

Part 35—Amendments made by the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014                                                                                225

3501...................... Operation of Schedule 1................................................. 225

3502...................... Operation of Schedules 2 and 3...................................... 225

3503...................... Operation of Schedule 4................................................. 225

3504...................... Operation of Schedule 5................................................. 225

3505...................... Operation of Schedule 7................................................. 225

Part 37—Amendments made by the Migration Amendment (Subclass 050 Visas) Regulation 2014                                                                                               226

3701...................... Operation of Part 1 of Schedule 1................................... 226

Part 38—Amendments made by the Migration Amendment (2014 Measures No. 2) Regulation 2014                                                                                               227

3801...................... Operation of Schedule 1................................................. 227

3802...................... Operation of Schedule 2................................................. 227

3803...................... Operation of Schedule 3................................................. 227

Part 39—Amendments made by the Migration Amendment (Partner Visas) Regulation 2014                                                                                                                                    228

3901...................... Operation of Part 1 of Schedule 1................................... 228

Part 40—Amendments made by the Migration Amendment (Resolving the Asylum Legacy Caseload) Regulation 2015                                                                        229

4001...................... Operation of Schedule 2................................................. 229

Part 41—Amendments made by the Migration Amendment (2015 Measures No. 1) Regulation 2015                                                                                               230

4101...................... Operation of Schedule 1................................................. 230

4102...................... Operation of Schedule 2................................................. 230

4103...................... Operation of Schedule 3................................................. 230

4104...................... Operation of Schedule 4................................................. 230

4105...................... Operation of Schedule 5................................................. 230

4106...................... Operation of Schedule 6................................................. 231

Part 42—Amendments made by the Migration Amendment (Protection and Other Measures) Regulation 2015                                                                       232

4201...................... Operation of Schedule 1................................................. 232

Part 43—Amendments made by the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015                                                                                233

4301...................... Operation of Schedule 1................................................. 233

4302...................... Operation of Schedule 5................................................. 233

4303...................... Operation of Schedule 7................................................. 233

4304...................... Operation of Schedule 9................................................. 233

Part 44—Amendments made by the Migration Amendment (Investor Visas) Regulation 2015                                                                                                                                    234

4401...................... Operation of Schedule 1................................................. 234

Part 45—Amendments made by the Migration Amendment (Visa Labels) Regulation 2015                                                                                                                                    235

4501...................... Operation of Schedule 1................................................. 235

Part 46—Amendments made by the Migration Amendment (Conversion of Protection Visa Applications) Regulation 2015                                                                236

4601...................... Operation of Schedule 1................................................. 236

Part 47—Amendments made by the Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015                        237

4701...................... Operation of Schedule 1................................................. 237

Part 48—Amendments made by the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015                                                                                238

4801...................... Operation of Schedules 1 to 4......................................... 238

4802...................... Operation of Schedule 5................................................. 238

4803...................... Operation of Schedule 6................................................. 238

Part 49—Amendments made by the Migration Amendment (Clarifying Subclass 457 Requirements) Regulation 2015                                                             239

4901...................... Operation of amendments............................................... 239

Part 50—Amendments made by the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014              240

5000...................... Operation of Divisions 1 and 3 of Part 4 of Schedule 2. 240

Part 51—Amendments made by the Migration Amendment (Charging for a Migration Outcome and Other Measures) Regulation 2015                        241

5101...................... Operation of Schedule 1................................................. 241

Part 52—Amendments made by the Migration Legislation Amendment (2015 Measures No. 4) Regulation 2015                                                                                242

5201...................... Operation of Schedule 1................................................. 242

5202...................... Operation of Schedule 2................................................. 242

Part 53—Amendments made by the Migration Amendment (Priority Consideration of Certain Visa Applications) Regulation 2016                                  244

5301...................... Operation of Schedule 1................................................. 244

Part 54—Amendments made by the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016                                                                                245

5401...................... Operation of Schedule 1................................................. 245

5402...................... Operation of Schedule 2................................................. 245

5403...................... Operation of Schedule 3................................................. 246

5404...................... Operation of Schedule 4................................................. 246

Part 55—Amendments made by the Migration Legislation Amendment (2016 Measures No. 3) Regulation 2016                                                                                247

5501...................... Operation of Schedule 1................................................. 247

5502...................... Operation of Schedules 2 and 3...................................... 247

5503...................... Operation of Schedule 4................................................. 247

5504...................... Operation of Schedule 6................................................. 247

Part 56—Amendments made by the Migration Amendment (Entrepreneur Visas and Other Measures) Regulation 2016                                                                       248

5601...................... Operation of Schedule 1................................................. 248

Part 57—Amendments made by the Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016                                                                                249

5701...................... Operation of Schedule 1................................................. 249

5702...................... Operation of Schedule 2................................................. 249

5703...................... Operation of Schedule 3................................................. 249

5704...................... Operation of Schedule 4................................................. 249

Part 58—Amendments made by the Migration Legislation Amendment (2016 Measures No. 5) Regulation 2016                                                                                251

5801...................... Operation of Schedule 1................................................. 251

5802...................... Operation of Schedule 2................................................. 251

Part 59—Amendments made by the Treasury Laws Amendment (Working Holiday Maker Reform) Act 2016                                                                                           252

5901...................... Operation of Schedule 1................................................. 252

Part 60—Amendments made by the Migration Amendment (Temporary Activity Visas) Regulation 2016                                                                                               253

6001...................... Operation of Parts 3 and 4 of Schedule 1....................... 253

6002...................... Operation of Parts 5 and 6 of Schedule 1....................... 253

Part 61—Amendments made by the Migration Amendment (Working Holiday Maker Visa Application Charges) Regulations 2017                                            255

6101...................... Operation of Schedule 1................................................. 255

Part 62—Amendments made by the Migration Legislation Amendment (2017 Measures No. 1) Regulations 2017                                                                              256

6201...................... Operation of Schedule 1................................................. 256

6202...................... Operation of Schedule 2................................................. 256

Part 63—Amendments made by Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017                                                                                             257

6301...................... Amendments relating to Subclass 189 (Skilled—Independent) visas      257

6302...................... Operation of Schedule 2................................................. 257

Part 64—Amendments made by the Migration Amendment (Visa Application Charges) Regulations 2017                                                                                             258

6401...................... Operation of amendments............................................... 258

Part 65—Amendments made by the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017                                                                              259

6501...................... Operation of Schedule 1................................................. 259

6502...................... Operation of Schedule 2................................................. 259

6503...................... Operation of Schedule 3................................................. 259

6504...................... Operation of Schedule 5................................................. 259

6505...................... Operation of Schedule 6................................................. 259

6506...................... Operation of Schedule 8................................................. 260

6507...................... Operation of Schedule 9................................................. 260

6508...................... Operation of Schedule 11............................................... 261

Part 66—Amendments made by the Migration Amendment (Specification of Occupations) Regulations 2017                                                                                             262

6601...................... Application of instruments made for purposes of paragraph 2.72(10)(aa)               262

Part 67—Amendments made by the Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) Regulations 2018              263

6701...................... Definitions...................................................................... 263

6702...................... Application provisions in relation to visa applications.... 263

6703...................... Application provision in relation to adverse information and adverse supporter information........................................................................................ 263

6704...................... Application and transitional provisions in relation to amendments of Part 2A         264

6705...................... Application provisions in relation to nominations under regulation 5.19 266


Schedule 2Provisions with respect to the grant of Subclasses of visas

Subclass 802Child

802.1—Interpretation

802.111 

                   In this Part:

letter of support means a letter of support provided by a State or Territory government welfare authority that:

                     (a)  supports a child’s application for permanent residency in Australia; and

                     (b)  sets out:

                              (i)  the circumstances leading to the involvement of a State or Territory government welfare authority in the welfare of the child; and

                             (ii)  the State or Territory government welfare authority’s reasons for supporting the child’s application for permanent residency in Australia; and

                     (c)  describes the nature of the State or Territory government welfare authority’s continued involvement in the welfare of the child; and

                     (d)  shows the letterhead of the State or Territory government welfare authority; and

                     (e)  is signed by a manager or director employed by the State or Territory government welfare authority.

Note:          eligible New Zealand citizen is defined in regulation 1.03.

802.2—Primary criteria

Note:          The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. However, if an application for a visa is supported by a letter of support from a State or Territory government welfare authority, no member of the family unit is able to satisfy the secondary criteria unless regulation 2.08 applies.

802.21—Criteria to be satisfied at time of application

802.211 

                   If the applicant is a person to whom section 48 of the Act applies, the applicant:

                     (a)  has not been refused a visa or had a visa cancelled under section 501 of the Act; and

                     (b)  since last applying for a substantive visa, has become a dependent child of:

                              (i)  an Australian citizen; or

                             (ii)  the holder of a permanent visa; or

                            (iii)  an eligible New Zealand citizen.

802.212 

             (1)  The applicant:

                     (a)  is a dependent child of a person who is an Australian citizen, holder of a permanent visa or eligible New Zealand citizen; and

                     (b)  subject to subclause (2), has not turned 25.

          (1A)  If the applicant is a step‑child of the person mentioned in paragraph (1)(a), the applicant is a step‑child within the meaning of paragraph (b) of the definition of step‑child.

             (2)  Paragraph (1)(b) does not apply to an applicant who, at the time of making the application, was a dependent child within the meaning of subparagraph (b)(ii) of the definition of dependent child.

802.213 

             (1)  If the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in subclause 802.212(1) is an adoptive parent of the applicant, the applicant:

                     (a)  was under 18 when the adoption took place; and

                     (b)  meets the requirements of subclause (2), (3), (4) or (5).

             (2)  The applicant meets the requirements of this subclause if the adoption of the applicant was in accordance with the Adoption Convention and an adoption compliance certificate is in force in relation to the adoption.

             (3)  The applicant meets the requirements of this subclause if the adoptive parent was not an Australian citizen, holder of a permanent visa or New Zealand citizen when the adoption took place, but subsequently became an Australian citizen, holder of a permanent visa or New Zealand citizen.

             (4)  The applicant meets the requirements of this subclause if:

                     (a)  the adoptive parent was, when the adoption took place, an Australian citizen, holder of a permanent visa or eligible New Zealand citizen; and

                     (b)  before the adoption, a competent authority in Australia approved the adoptive parent as a suitable adoptive parent, or the adoptive parent and the adoptive parent’s spouse or de facto partner as suitable adoptive parents, for the applicant.

             (5)  The applicant meets the requirements of this subclause if:

                     (a)  the applicant was adopted in an overseas country and the adoptive parent was, when the adoption took place, an Australian citizen, holder of a permanent visa or New Zealand citizen; and

                     (b)  either:

                              (i)  when the adoption took place, the adoptive parent had been residing overseas for more than 12 months; or

                             (ii)  the Minister is satisfied that, because of compelling or compassionate circumstances, subparagraph (i) should not apply to the applicant; and

                     (c)  the Minister is satisfied that the residence overseas by the adoptive parent was not contrived to circumvent the requirements for entry to Australia of children for adoption; and

                     (d)  the adoptive parent has, or the adoptive parent and the adoptive parent’s spouse or de facto partner have, lawfully acquired full and permanent parental rights by the adoption.

802.214 

             (1)  If the applicant has turned 18:

                     (a)  the applicant:

                              (i)  is not engaged to be married; and

                             (ii)  does not have a spouse or de facto partner; and

                            (iii)  has never had a spouse or de facto partner; and

                     (b)  the applicant is not engaged in full‑time work; and

                     (c)  subject to subclause (2), the applicant has, since turning 18, or within 6 months or a reasonable time after completing the equivalent of year 12 in the Australian school system, been undertaking a full‑time course of study at an educational institution leading to the award of a professional, trade or vocational qualification.

             (2)  Paragraph (1)(c) does not apply to an applicant who, at the time of making the application, is a dependent child within the meaning of subparagraph (b)(ii) of the definition of dependent child.

802.215 

                   The applicant is:

                     (a)  a person whose application is supported by a letter of support from a State or Territory government welfare authority; or

                     (b)  sponsored by a person who:

                              (i)  has turned 18; and

                             (ii)  is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and

                            (iii)  is:

                                        (A)  the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in paragraph 802.212(1)(a); or

                                        (B)  the cohabiting spouse or de facto partner of the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in paragraph 802.212(1)(a).

802.216 

                   Clauses 802.211 to 802.214 are not required to be satisfied if the application for a visa is supported by a letter of support from a State or Territory government welfare authority.

802.22—Criteria to be satisfied at time of decision

802.221 

             (1)  In the case of an applicant who had not turned 18 at the time of application, the applicant:

                     (a)  continues to satisfy the criterion in clause 802.212; or

                     (b)  does not continue to satisfy that criterion only because the applicant has turned 18.

             (2)  In the case of an applicant who had turned 18 at the time of application:

                     (a)  the applicant:

                              (i)  continues to satisfy the criterion in clause 802.212; or

                             (ii)  does not continue to satisfy that criterion only because the applicant has turned 25; and

                     (b)  the applicant continues to satisfy the criterion in clause 802.214.

802.222 

                   If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of Social Services.

802.223 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

802.224 

             (1)  Each member of the family unit of the applicant who is an applicant for a Subclass 802 visa is a person who:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4020; and

                     (b)  if the person had turned 18 at the time of application—satisfies public interest criterion 4019.

             (2)  Each member of the family unit of the applicant who is not an applicant for a Subclass 802 visa is a person who satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

802.225 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

802.226 

                   The sponsorship mentioned in clause 802.215 has been approved by the Minister and is still in force.

Note:          Regulation 1.20KB limits the Minister’s discretion to approve sponsorships.

802.226A 

             (1)  Clauses 802.221 to 802.226 are not required to be satisfied if the application for a visa is supported by a letter of support from a State or Territory government welfare authority.

             (2)  If the application for a visa is supported by a letter of support from a State or Territory government welfare authority:

                     (a)  the applicant satisfies:

                              (i)  the criteria in subclauses (3), (4), (5) and (6); and

                             (ii)  public interest criteria 4001, 4002, 4003, 4018, 4020 and 4021; and

                     (b)  the Minister is satisfied that:

                              (i)  the grant of visa is in the public interest; and

                             (ii)  the State or Territory government welfare authority supports the applicant’s application for permanent residency in Australia.

             (3)  The applicant has undergone a medical examination carried out by any of the following (a relevant medical practitioner):

                     (a)  a Medical Officer of the Commonwealth;

                     (b)  a medical practitioner approved by the Minister for the purposes of this paragraph;

                     (c)  a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.

             (4)  The applicant:

                     (a)  has undergone a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or

                     (b)  is under 11 years of age and is not a person in respect of whom a relevant medical practitioner has requested such an examination; or

                     (c)  is a person:

                              (i)  who is confirmed by a relevant medical practitioner to be pregnant; and

                             (ii)  who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and

                            (iii)  who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and

                            (iv)  who the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.

             (5)  A relevant medical practitioner:

                     (a)  has considered:

                              (i)  the results of any tests carried out for the purposes of the medical examination required under subclause (3); and

                             (ii)  the radiological report (if any) required under subclause (4) in respect of the applicant; and

                     (b)  if he or she is not a Medical Officer of the Commonwealth and considers that the applicant has 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, has referred any relevant results and reports to a Medical Officer of the Commonwealth.

             (6)  If a Medical Officer of the Commonwealth considers that the applicant has 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, arrangements have been made, on the advice of the Medical Officer of the Commonwealth, to place the applicant under the professional supervision of a health authority in a State or Territory to undergo any necessary treatment.

802.3—Secondary criteria

Note:          If any member of a family unit satisfies the primary criteria, the other members of the family unit are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person. However, if an application for a visa is supported by a letter of support from a State or Territory government welfare authority, no member of the family unit is able to satisfy the secondary criteria unless regulation 2.08 applies.

802.31—Criteria to be satisfied at time of application

802.311 

                   Each of the following is satisfied:

                     (a)  the applicant is a member of the family unit of a person to whom paragraph 802.215(b) applies;

                     (b)  the applicant is a member of the family unit of a person who:

                              (i)  has applied for a Child (Residence) (Class BT) visa; and

                             (ii)  on the basis of the information provided in his or her application, appears to satisfy the criteria in Subdivision 802.21;

                     (c)  the Minister has not decided to grant or refuse to grant the visa to that other person.

802.312 

                   The sponsorship mentioned in clause 802.215 of the person who satisfies the primary criteria includes sponsorship of the applicant.

802.32—Criteria to be satisfied at time of decision

802.321 

                   The applicant is a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 802 visa.

802.322 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

802.323 

                   If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that:

                     (a)  the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of Social Services; or

                     (b)  an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

802.324 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

802.325 

                   The sponsorship mentioned in clause 802.312 has been approved by the Minister and is still in force.

802.326  

                   The applicant satisfies public interest criteria 4020 and 4021.

802.327 

                   Clauses 802.321 to 802.325 are not required to be satisfied if the application for a visa is supported by a letter of support from a State or Territory government welfare authority.

802.328 

             (1)  If the applicant’s application for a visa is supported by a letter of support from a State or Territory government welfare authority and the applicant is an applicant to whom regulation 2.08 applies:

                     (a)  the applicant must:

                              (i)  be a member of the family unit of a person to whom paragraph 802.215 (a) applies; and

                             (ii)  satisfy subclauses (2), (3), (4) and (5); and

                            (iii)  satisfy public interest criteria 4018; and

                     (b)  the Minister must be satisfied that:

                              (i)  the grant of visa is in the public interest; and

                             (ii)  the State or Territory government welfare authority supports the applicant’s application for permanent residency in Australia.

             (2)  The applicant has undergone a medical examination carried out by any of the following (a relevant medical practitioner):

                     (a)  a Medical Officer of the Commonwealth;

                     (b)  a medical practitioner approved by the Minister for the purposes of this paragraph;

                     (c)  a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.

             (3)  The applicant:

                     (a)  has undergone a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or

                     (b)  is under 11 years of age and is not a person in respect of whom a relevant medical practitioner has requested such an examination; or

                     (c)  is a person:

                              (i)  who is confirmed by a relevant medical practitioner to be pregnant; and

                             (ii)  who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and

                            (iii)  who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and

                            (iv)  who the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.

             (4)  A relevant medical practitioner:

                     (a)  has considered:

                              (i)  the results of any tests carried out for the purposes of the medical examination required under subclause (2); and

                             (ii)  the radiological report (if any) required under subclause (3) in respect of the applicant; and

                     (b)  if he or she is not a Medical Officer of the Commonwealth and considers that the applicant has 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, has referred any relevant results and reports to a Medical Officer of the Commonwealth.

             (5)  If a Medical Officer of the Commonwealth considers that the applicant has 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, arrangements have been made, on the advice of the Medical Officer of the Commonwealth, to place the applicant under the professional supervision of a health authority in a State or Territory to undergo any necessary treatment.

802.4—Circumstances applicable to grant

802.411 

                   The applicant must be in Australia, but not in immigration clearance, when the visa is granted.

802.5—When visa is in effect

802.511 

                   Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

802.6—Conditions:   Nil.

Subclass 804Aged Parent

804.1—Interpretation

804.111 

                   In this Part:

adult child, in relation to an applicant, means a child of the applicant who has turned 18.

Note:          Aged parent, eligible New Zealand citizen and outstanding are defined in regulation 1.03.

804.2—Primary criteria

Note:          The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

804.21—Criteria to be satisfied at time of application

804.211 

             (1)  If the applicant is a person to whom section 48 of the Act applies, the applicant:

                     (a)  has not been refused a visa or had a visa cancelled under section 501 of the Act; and

                     (b)  since last applying for a substantive visa, has become an aged parent of:

                              (i)  an Australian citizen; or

                             (ii)  the holder of a permanent visa; or

                            (iii)  an eligible New Zealand citizen.

             (2)  The applicant is:

                     (a)  the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or

                     (b)  a person who:

                              (i)  is not the holder of a substantive visa; and

                             (ii)  immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa.

804.212 

             (1)  The applicant is:

                     (a)  in the case of an applicant who is not the holder of a substituted Subclass 600 visa:

                              (i)  the aged parent of a person (the child) who is a settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen; and

                             (ii)  sponsored in accordance with subclause (2) or (3); or

                     (b)  in the case of an applicant who is the holder of a substituted Subclass 600 visa:

                              (i)  the parent of a person (the child) who is a settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen; and

                             (ii)  sponsored in accordance with subclause (2) or (3).

             (2)  If the child has turned 18, the applicant is sponsored by:

                     (a)  the child; or

                     (b)  the child’s cohabiting spouse or de facto partner, if the spouse or de facto partner:

                              (i)  has turned 18; and

                             (ii)  is a settled Australian citizen, settled Australian permanent resident, or settled eligible New Zealand citizen.

             (3)  If the child has not turned 18, the applicant is sponsored by:

                     (a)  the child’s cohabiting spouse, if that spouse:

                              (i)  has turned 18; and

                             (ii)  is a settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen; or

                     (b)  a person who:

                              (i)  is a relative or guardian of the child; and

                             (ii)  has turned 18; and

                            (iii)  is a settled Australian citizen, settled Australian permanent resident, or settled eligible New Zealand citizen; or

                     (c)  if the child has a cohabiting spouse but the spouse has not turned 18—a person who:

                              (i)  is a relative or guardian of the child’s spouse; and

                             (ii)  has turned 18; and

                            (iii)  is a settled Australian citizen, or settled Australian permanent resident, or settled eligible New Zealand citizen; or

                     (d)  a community organisation.

804.213 

                   If the applicant is not the holder of a substantive visa, the applicant satisfies Schedule 3 criterion 3002.

804.214 

                   If the applicant is not the holder of a substituted Subclass 600 visa, the applicant satisfies the balance of family test.

804.22—Criteria to be satisfied at time of decision

804.221 

                   The applicant either:

                     (a)  is an aged parent of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen mentioned in paragraph 804.212(1)(a); or

                     (b)  if the applicant is the holder of a substituted Subclass 600 visa at the time of application—is the parent of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen mentioned in paragraph 804.212(1)(a).

804.222 

                   A sponsorship of the kind mentioned in clause 804.212 is in force, whether or not the sponsor was the sponsor at the time of application.

Note:          The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in clause 804.212.

804.224 

                   The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

804.225 

                   The applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.

 

Item

If the applicant was …

the public interest criteria to be satisfied by the applicant are ...

1

not the holder of a substituted Subclass 600 visa at the time of application

4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019, 4020 and 4021

2

the holder of a substituted Subclass 600 visa at the time of application

4001, 4002, 4003, 4007, 4009, 4010, 4019, 4020 and 4021

804.226 

             (1)  Each member of the family unit of the applicant who is an applicant for a Subclass 804 visa is a person who satisfies the public interest criteria mentioned in the item in the table that relates to the applicant.

 

Item

If the applicant …

the public interest criteria to be satisfied by the member of the family unit are …

1

was not the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and

(b) if the person had turned 18 at the time of application—4019

 

2

was the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002, 4003, 4007, 4009, 4010 and 4020; and

(b) if the person had turned 18 at the time of application—4019

 

             (2)  Each member of the family unit of the applicant who is not an applicant for a Subclass 804 visa is a person who satisfies the public interest criteria mentioned in the item in the table that relates to the applicant.

 

Item

If the applicant was …

the public interest criteria to be satisfied by the member of the family unit are ...

1

not the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002, 4003 and 4004; and

(b) 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion

2

the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002 and 4003; and

(b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion

804.227 

                   If a person (in this clause called the additional applicant):

                     (a)  is a member of the family unit of the applicant; and

                     (b)  has not turned 18; and

                     (c)  made a combined application with the applicant—

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

804.228 

                   If the applicant has previously made a valid application for another parent visa, that application is not outstanding.

804.3—Secondary criteria

Note:          If any member of a family unit satisfies the primary criteria, the other members of the family unit are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person.

804.31—Criteria to be satisfied at time of application

804.311 

                   The applicant is a member of the family unit of a person who:

                     (a)  has applied for an Aged Parent (Residence) (Class BP) visa; and

                     (b)  on the basis of the information provided in his or her application, appears to satisfy the criteria in Subdivision 804.21;

and the Minister has not decided to grant or refuse to grant the visa to that other person.

804.312 

                   A sponsorship of the kind mentioned in clause 804.212 of the person who satisfies the primary criteria, approved by the Minister:

                     (a)  is in force; and

                     (b)  includes sponsorship of the applicant.

804.32—Criteria to be satisfied at time of decision

804.321 

                   The applicant is a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 804 visa.

804.322 

                   The applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.

 

Item

If the applicant is a member of the family unit of a person who is mentioned in clause 804.321, and the person …

the public interest criteria to be satisfied by the applicant are ...

1

was not the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and

(b) if the applicant had turned 18 at the time of application—4019

2

was the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002, 4003, 4007, 4009, 4010, 4020 and 4021; and

(b) if the applicant had turned 18 at the time of application—4019

804.323 

                   The Minister is satisfied that:

                     (a)  the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of Social Services; or

                     (b)  an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

804.324 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

804.325 

                   A sponsorship of the kind mentioned in clause 804.212 of the person who satisfies the primary criteria, approved by the Minister:

                     (a)  is in force; and

                     (b)  includes sponsorship of the applicant;

whether or not the sponsor was the sponsor at the time of application.

804.326 

                   If the applicant has previously made a valid application for another parent visa, that application is not outstanding.

804.4—Circumstances applicable to grant

804.411 

                   The applicant must be in Australia, but not in immigration clearance when the visa is granted.

Note:          The second instalment of the visa application charge must be paid before the visa can be granted.

804.5—When visa is in effect

804.511 

                   Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.

804.6—Conditions:   Nil.

Subclass 808Confirmatory (Residence)

808.1—Interpretation

Note:          No interpretation provisions specific to this Part.

808.2—Primary criteria

808.21—Criteria to be satisfied at time of application

808.211A 

                   The applicant satisfies:

                     (a)  clauses 808.211 and 808.212; or

                     (b)  clause 808.213 (which applies in relation to some former holders of Norfolk Island immigration permits).

808.211 

                   The applicant:

                     (a)  is the holder of a Resident Return (Temporary) (Class TP) visa and satisfies the Minister that he or she would have satisfied the criteria for the grant of a Return (Residence) (Class BB) visa at the time he or she was granted the Resident Return (Temporary) (Class TP) visa; or

                     (b)  is a person who is the holder of an Emergency (Temporary) (Class TI) visa and:

                              (i)  either:

                                        (A)  satisfies the remaining criteria, within the meaning of Part 302; or

                                        (B)  is unable to satisfy those criteria, but is able to substantiate a claim to be an Australian permanent resident; or

                             (ii)  is a member of the family unit of a person who:

                                        (A)  is the holder of a Subclass 302 (Emergency (Permanent Visa Applicant)) visa; and

                                        (B)  has satisfied the primary criteria; or

                     (c)  is the holder of a Border (Temporary) (Class TA) visa and satisfies the Minister that he or she would have satisfied the criteria for the grant of a Return (Residence) (Class BB) visa when he or she was granted the Border (Temporary) (Class TA) visa; or

                     (d)  is the holder of a Class 301 (Australian requirement) entry permit or visa granted under the Migration (1993) Regulations and has satisfied the criteria referred to in paragraph 301.321 (b) of Schedule 2 of those Regulations.

808.212 

                   In the case of an applicant who is the holder of a Subclass 302 visa, all members of the family unit of the applicant satisfy the public interest criteria applicable to them.

808.213 

             (1)  This clause applies if paragraph 1111(2A)(b), (c) or (d) of Schedule 1 covers the application.

Note:          Paragraphs 1111(2A)(b), (c) and (d) of Schedule 1 cover applications made on the basis of the former migration status under the Immigration Act 1980 (Norfolk Island) of the applicant or a parent of the applicant.

             (2)  The application must be made before 1 January 2024, unless the Minister is satisfied that there are compelling reasons for granting the visa.

             (3)  During a period of, or periods that total, not less than 5 years in the period of 7 years immediately before the application is made (including any period, or part of a period, before 30 June 2016), the applicant meets the requirements of subclause (4).

             (4)  The applicant meets the requirements of this subclause during any period or periods while:

                     (a)  the applicant is (or has been) lawfully present in Norfolk Island; or

                     (b)  the applicant is (or has been) lawfully present in a place elsewhere in Australia, and:

                              (i)  has not turned 25; and

                             (ii)  is a dependent child of a person who is ordinarily resident in Norfolk Island; and

                            (iii)  lives (or has lived) in that place for the purpose of study; and

                            (iv)  while living there, meets (or met) the requirements mentioned in condition 8105 (which relates to students engaging in work).

Note 1:       An applicant can meet the requirements of subclause (4) by a combination of periods to which either paragraph (4)(a) or (4)(b) applies, if the total duration of that combination of periods amounts to not less than 5 years.

Note 2:       Condition 8105 is not imposed on the visa.

808.22—Criteria to be satisfied at time of decision

808.221A 

                   The applicant satisfies:

                     (a)  clauses 808.221 and 808.222; or

                     (b)  clause 808.223 (which applies to some former holders of Norfolk Island immigration permits).

808.221 

                   In the case of an applicant who is a member of the family unit of a person referred to in subparagraph 808.211(b)(ii), the person referred to in that subparagraph holds a Confirmatory (Residence) (Class AK) visa.

808.222 

                   The applicant satisfies public interest criterion 4021.

808.223 

             (1)  This clause applies if paragraph 1111(2A)(b), (c) or (d) of Schedule 1 covers the application.

             (2)  The applicant satisfies special return criteria 5001, 5002 and 5010.

             (3)  The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4014, 4020 and 4021; and

                     (b)  if the applicant has turned 18 at the time of the application—public interest criterion 4019.

             (4)  If a person (the additional applicant):

                     (a)  is a member of the family unit of the applicant; and

                     (b)  has not turned 18 at the time of the application; and

                     (c)  made a combined application with the applicant;

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

808.3—Secondary criteria

808.31—Criteria to be satisfied at time of application

808.311 

                   The following requirements are met:

                     (a)  the applicant was born in Australia on or after 1 July 2016;

                     (b)  the applicant is a dependent child of another applicant (the parent applicant);

                     (c)  paragraph 1111(2A)(b), (c) or (d) of Schedule 1 covers the parent’s application;

                     (d)  the applicant made a combined application with the parent applicant.

808.32—Criteria to be satisfied at time of decision

808.321 

             (1)  The parent applicant mentioned in paragraph 808.311(b) is granted a Subclass 808 visa on the basis of satisfying clause 808.213.

             (2)  The applicant satisfies public interest criteria 4007, 4010, 4012, 4014, 4017, 4018, 4020 and 4021.

808.4—Circumstances applicable to grant

808.411A 

                   The applicant satisfies clause 808.411 or 808.412 (which applies to some former holders of Norfolk Island immigration permits).

808.411 

                   The applicant must be inside Australia, but not in immigration clearance when the visa is granted.

Note:          The second instalment of the visa application charge (if any), must be paid before the visa can be granted.

808.412 

             (1)  This clause applies if the applicant satisfies clause 808.213 or 808.311.

             (2)  The applicant may be in or outside Australia when the visa is granted, but must not be in immigration clearance.

808.5—When visa is in effect

808.511 

                   Visa granted on basis of satisfaction of paragraph 808.211(a) or (c): permanent visa.

808.512 

                   Visa granted on basis of satisfaction of paragraph 808.211(b) or (d): permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

808.513 

             (1)  Visa granted on the basis of satisfaction of clause 808.213: permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

             (2)  Visa granted on the basis of satisfaction of clause 808.311 in relation to a parent applicant mentioned in paragraph 808.311(b): permanent visa permitting the holder to travel to and enter Australia for the period permitted in relation to the parent applicant under subclause (1) of this clause.

808.6—Conditions:   Nil.

Subclass 820Partner

820.1—Interpretation

820.111 

                   In this Part:

court means a Court of Australia or an external Territory.

original sponsor means the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application for a Subclass 300 (Prospective Marriage) visa as the person whom the applicant intended to marry after entry into Australia.

sponsoring partner means:

                     (a)  in subclauses 820.211(2) and (2B) and clause 820.221:

                              (i)  for an applicant who is, or was, the holder of a Subclass 300 (Prospective Marriage) visa:

                                        (A)  the original sponsor for the applicant; or

                                        (B)  the subsequent sponsor for the applicant; or

                             (ii)  for any other applicant—the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application as the spouse or de facto partner of the applicant; and

                     (b)  in any other provision of this Part:

                              (i)  for an applicant who is, or was, the holder of a Subclass 300 (Prospective Marriage) visa—the original sponsor for the applicant; or

                             (ii)  for any other applicant—the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application as the spouse or de facto partner of the applicant.

subsequent sponsor means a person who:

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

                     (b)  is not the original sponsor for the applicant; and

                     (c)  is the spouse or de facto partner of the applicant.

Note:          eligible New Zealand citizen, SOFA forces civilian component member and SOFA forces member are defined in regulation 1.03. For de facto partner, see section 5CB of the Act (also see regulation 1.09A). For spouse, see section 5F of the Act (also see regulation 1.15A).

820.2—Primary criteria

Note:          The primary criteria must be satisfied by at least 1 member of a family unit. The dependent child of an applicant who satisfies the primary criteria is also eligible for the grant of the visa if the child satisfies the secondary criteria.

820.21—Criteria to be satisfied at time of application

820.211 

             (1)  The applicant:

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

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

             (2)  An applicant meets the requirements of this subclause if:

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

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

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

                     (c)  the applicant is sponsored:

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

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

                                        (A)  has turned 18; and

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

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

                              (i)  the applicant:

                                        (A)  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

                                        (B)  satisfies Schedule 3 criterion 3002; or

                             (ii)  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.

          (2A)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant is:

                              (i)  a SOFA member; or

                             (ii)  a SOFA forces civilian component member; or

                     (b)  the applicant:

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

                             (ii)  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.

          (2B)  The spouse or de facto partner of the applicant is prohibited from being a sponsoring partner if:

                     (a)  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

                     (b)  on the date of grant of that visa:

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

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

             (5)  An applicant meets the requirements of this subclause if:

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

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

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

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

                     (e)  the applicant is the spouse of the sponsoring partner; and

                      (f)  the applicant is sponsored:

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

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

                                        (A)  has turned 18; and

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

             (6)  An applicant meets the requirements of this subclause if the applicant:

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

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

                     (c)  the applicant is sponsored:

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

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

                                        (A)  has turned 18; and

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

                     (d)  continues to be the spouse of the sponsoring partner.

             (7)  An applicant meets the requirements of this subclause if:

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

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

                     (c)  the sponsoring partner has died; and

                     (d)  the applicant satisfies the Minister that the applicant would have continued to be the spouse of the sponsoring partner if the sponsoring partner had not died; and

                     (e)  the applicant has developed close business, cultural or personal ties in Australia.

             (8)  An applicant meets the requirements of this subclause if:

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

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

                     (c)  the relationship between the applicant and the sponsoring partner has ceased; and

                     (d)  any 1 or more of the following:

                              (i)  the applicant;

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

                            (iii)  a dependent child of the sponsoring partner or of the applicant or of both of them;

                            has suffered family violence committed by the sponsoring partner.

             (9)  An applicant meets the requirements of this subclause if:

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

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

                     (c)  while that visa was valid, the applicant married the sponsoring partner under a marriage that is recognised as valid for the purposes of the Act; and

                     (d)  the relationship between the applicant and the sponsoring partner has ceased; and

                     (e)  any 1 or more of the following:

                              (i)  the applicant;

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

                            (iii)  a dependent child of the sponsoring partner or of the applicant or of both of them;

                            has suffered family violence committed by the sponsoring partner.

Note:          For special provisions relating to family violence, see Division 1.5.

820.212 

                   If:

                     (a)  the applicant is the holder of:

                             (ii)  a Subclass 475 (Skilled—Regional Sponsored) visa; or

                            (iii)  a Subclass 487 (Skilled—Regional Sponsored) visa; or

                            (iv)  a Skilled—Regional Sponsored (Provisional) (Class SP) visa; or

                     (b)  the last substantive visa held by the applicant since entering Australia was:

                              (i)  a Skilled—Independent Regional (Provisional) (Class UX) visa; or

                             (ii)  a Subclass 475 (Skilled—Regional Sponsored) visa; or

                            (iii)  a Subclass 487 (Skilled—Regional Sponsored) visa; or

                            (iv)  a Skilled—Regional Sponsored (Provisional) (Class SP) visa;

the applicant has substantially complied with the conditions to which that visa was subject.

820.22—Criteria to be satisfied at time of decision

820.221 

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

                     (a)  continues to meet the requirements of the applicable subclause; or

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

             (2)  An applicant meets the requirements of this subclause if the applicant:

                     (a)  would continue to meet the requirements of subclause 820.211(2), (5) or (6) except that the sponsoring partner has died; and

                     (b)  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; and

                     (c)  has developed close business, cultural or personal ties in Australia.

             (3)  An applicant meets the requirements of this subclause if:

                     (a)  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

                     (b)  either or both of the following circumstances applies:

                              (i)  either or both of the following:

                                        (A)  the applicant;

                                        (B)  a dependent child of the sponsoring partner or of the applicant or of both of them;

                                   has suffered family violence committed by the sponsoring partner;

                             (ii)  the applicant:

                                        (A)  has custody or joint custody of, or access to; or

                                        (B)  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:

                                        (C)  has been granted joint custody or access by a court; or

                                        (D)  has a residence order or contact order made under the Family Law Act 1975; or

                                         (E)  has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation.

Note:          For special provisions relating to family violence, see Division 1.5.

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

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

                     (b)  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)).

Note 1:       Regulations 1.20J, 1.20KA, 1.20KB and 1.20KC limit the Minister’s discretion to approve sponsorships.

Note 2:       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.

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

                     (a)  the conviction has been quashed or otherwise nullified; or

                     (b)  both:

                              (i)  the sponsor has been pardoned in relation to the conviction; and

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

820.221A 

                   Unless the applicant:

                     (a)  is, or has been, the holder of a Subclass 300 (Prospective Marriage) visa; and

                     (b)  is seeking to remain permanently in Australia on the basis of the applicant’s marriage to the person who was specified as the intended spouse in the application that resulted in the grant of that Subclass 300 (Prospective Marriage) visa;

the sponsorship of the applicant under clause 820.211 has been approved by the Minister.

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

820.223 

             (1)  The applicant:

                     (a)  subject to subclause (2)—satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

             (2)  Paragraph (1)(a) does not apply to an applicant referred to in subclause 820.211(5).

820.224 

             (1)  Each member of the family unit of the applicant who is an applicant for a Subclass 820 visa is a person who:

                     (a)  subject to subclause (2)—satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and

                     (b)  if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and

                     (c)  satisfies public interest criterion 4020.

          (1A)  Each member of the family unit of the applicant who is not an applicant for a Subclass 820 visa is a person who:

                     (a)  subject to subclause (2)—satisfies public interest criteria 4001, 4002, 4003 and 4004; and

                     (b)  satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

             (2)  Paragraphs (1)(a) and (1A) (a) do not apply to an applicant who:

                     (a)  is a dependent child of an applicant referred to in subclause 820.211(5); and

                     (b)  entered Australia as the holder of a visa of the same class as the visa held by that other applicant.

820.225 

                   If a person (in this clause called the additional applicant):

                     (a)  is a member of the family unit of the applicant; and

                     (b)  has not turned 18; and

                     (c)  made a combined application with the applicant—

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

820.226 

                   The applicant satisfies public interest criteria 4020 and 4021.

820.3—Secondary criteria

Note:          A dependent child, or a member of the family unit, of an applicant who satisfies the primary criteria is also eligible for the grant of the visa if the child or member of the family unit satisfies the secondary criteria.

820.31—Criteria to be satisfied at time of application

820.311 

                   The applicant is:

                     (a)  either:

                              (i)  a dependent child of a person who has applied for a Partner (Residence) (Class BS) visa; or

                             (ii)  a member of the family unit of a person who:

                                        (A)  is the holder of, or has been the holder of, a Subclass 300 (Prospective Marriage) visa; and

                                        (B)  has applied for a Partner (Residence) (Class BS) visa; and

                     (b)  the sponsorship (if any) in respect of that person includes the applicant; and

                     (c)  the Minister has not decided to grant or refuse to grant a visa to the person.

820.312 

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

                     (a)  the applicant:

                              (i)  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 820.211(2A); and

                             (ii)  satisfies Schedule 3 criterion 3002; or

                     (b)  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.

820.313 

                   If:

                     (a)  the applicant is the holder of:

                             (ii)  a Subclass 475 (Skilled—Regional Sponsored) visa; or

                            (iii)  a Subclass 487 (Skilled—Regional Sponsored) visa; or

                            (iv)  a Skilled—Regional Sponsored (Provisional) (Class SP) visa; or

                     (b)  the last substantive visa held by the applicant since entering Australia was:

                              (i)  a Skilled—Independent Regional (Provisional) (Class UX) visa; or

                             (ii)  a Subclass 475 (Skilled—Regional Sponsored) visa; or

                            (iii)  a Subclass 487 (Skilled—Regional Sponsored) visa; or

                            (iv)  a Skilled—Regional Sponsored (Provisional) (Class SP) visa;

the applicant has substantially complied with the conditions to which that visa was subject.

820.32—Criteria to be satisfied at time of decision

820.321 

                   In the case of an applicant referred to in clause 820.311, the applicant:

                     (a)  is a person who is dependent on, or a member of the family unit of, another person who having satisfied the primary criteria, is the holder of a Subclass 820 (Partner) visa (the person who satisfies the primary criteria); or

                     (b)  is a person to whom each of the following applies:

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

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

                            (iii)  subsequent to the person who satisfies the primary criteria being granted a Subclass 820 (Partner) visa and a Subclass 801 (Partner) visa—the Tribunal found the person to be dependent on, or a member of the family unit of, the person who satisfies the primary criteria.

820.323 

             (1)  The applicant:

                     (a)  subject to subclause (2)—satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

             (2)  Paragraph (1)(a) does not apply to an applicant referred to in subclause 820.311 who:

                     (a)  is a dependent child of another applicant referred to in subclause 820.211(5); and

                     (b)  entered Australia as the holder of a visa of the same class as the visa held by that other applicant.

820.324 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

820.325 

                   The sponsorship mentioned in paragraph 820.311(b) has been approved by the Minister and is still in force.

820.326 

                   The applicant satisfies public interest criteria 4020 and 4021.

820.4—Circumstances applicable to grant

820.411 

                   The applicant must be in Australia, but not in immigration clearance, when the visa is granted.

820.5—When visa is in effect

820.511 

                   Temporary visa permitting the holder to travel to and enter Australia until:

                     (a)  the holder is notified that his or her application for a Subclass 801 (Partner) visa has been decided; or

                     (b)  that application is withdrawn.

820.6—Conditions:   Nil.

Subclass 835Remaining Relative

835.1—Interpretation

835.111 

                   In this Part:

Australian relative means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

Note:          Australian relative, dependent child, eligible New Zealand citizen and settled are defined in regulation 1.03. Remaining relative is defined in regulation 1.15. De facto partner is defined in section 5CB of the Act (also see regulations 1.09A and 2.03A) and spouse is defined in section 5F of the Act (also see regulation 1.15A).

835.2—Primary criteria

Note:          The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need only satisfy the secondary criteria.

835.21—Criteria to be satisfied at time of application

835.211 

                   The applicant is:

                     (a)  the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or

                     (b)  a person who:

                              (i)  is not the holder of a substantive visa; and

                             (ii)  immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and

                            (iii)  satisfies Schedule 3 criterion 3002.

835.212 

                   The applicant is a remaining relative of an Australian relative.

835.213 

                   The applicant is sponsored:

                     (a)  by the Australian relative, if the Australian relative:

                              (i)  has turned 18; and

                             (ii)  is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and

                            (iii)  is usually resident in Australia; or

                     (b)  by the spouse or de facto partner of the Australian relative, if the spouse or de facto partner:

                              (i)  has turned 18; and

                             (ii)  is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and

                            (iii)  is usually resident in Australia; and

                            (iv)  cohabits with the Australian relative.

835.22—Criteria to be satisfied at time of decision

835.221 

                   The applicant continues to satisfy the criterion in clause 835.212.

835.222 

                   The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

835.223 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

835.224 

             (1)  Each member of the family unit of the applicant who is an applicant for a Subclass 835 visa is a person who:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and

                     (b)  if the person had turned 18 at the time of application—satisfies public interest criterion 4019.

             (2)  Each member of the family unit of the applicant who is not an applicant for a Subclass 835 visa:

                     (a)  satisfies public interest criteria 4001, 4002, 4003 and 4004; and

                     (b)  satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

835.225 

                   If a person (in this clause called the additional applicant):

                     (a)  is a member of the family unit of the applicant; and

                     (b)  has not turned 18; and

                     (c)  made a combined application with the applicant—

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

835.226 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

835.227 

                   A sponsorship of the kind mentioned in clause 835.213, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application.

Note:          The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in clause 835.213.

835.3—Secondary criteria

Note:          If any member of a family unit satisfies the primary criteria, the other members of the family unit are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person.

835.31—Criteria to be satisfied at time of application

835.311 

                   The applicant is a member of the family unit of a person who:

                     (a)  has applied for an Other Family (Residence) (Class BU) visa; and

                     (b)  on the basis of the information provided in the application, appears to satisfy the criteria in Subdivision 835.21;

and the Minister has not decided to grant or refuse to grant the visa to that other person.

835.312 

                   A sponsorship of the kind mentioned in clause 835.213 of the person who satisfies the primary criteria, approved by the Minister:

                     (a)  is in force; and

                     (b)  includes sponsorship of the applicant.

835.32—Criteria to be satisfied at time of decision

835.321 

                   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 835 visa.

835.322 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

835.323 

                   The Minister is satisfied that:

                     (a)  the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of Social Services; or

                     (b)  an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

835.324 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

835.325 

                   A sponsorship of the kind mentioned in clause 835.213 of the person who satisfies the primary criteria, approved by the Minister:

                     (a)  is in force; and

                     (b)  includes sponsorship of the applicant;

whether or not the sponsor was the sponsor at the time of application.

835.4—Circumstances applicable to grant

835.411 

                   The applicant must be in Australia, but not in immigration clearance, when the visa is granted.

Note:          The second instalment of the visa application charge must be paid before the visa can be granted.

835.5—When visa is in effect

835.511 

                   Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

835.6—Conditions:   Nil.

Subclass 836Carer

836.1—Interpretation

836.111 

                   In this Part:

Australian relative means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

Note:          dependent child, eligible New Zealand citizen and settled are defined in regulation 1.03, and carer is defined in regulation 1.15AA.

836.2—Primary criteria

Note:          The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need only satisfy the secondary criteria.

836.21—Criteria to be satisfied at time of application

836.211 

                   The applicant is:

                     (a)  the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or

                     (b)  a person who:

                              (i)  is not the holder of a substantive visa; and

                             (ii)  immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and

                            (iii)  satisfies Schedule 3 criterion 3002.

836.212 

                   The applicant claims to be the carer of an Australian relative.

836.213 

                   The applicant is sponsored

                     (a)  by the Australian relative, if the Australian relative:

                              (i)  has turned 18; and

                             (ii)  is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and

                            (iii)  is usually resident in Australia; or

                     (b)  by the spouse or de facto partner of the Australian relative, if the spouse or de facto partner:

                              (i)  has turned 18; and

                             (ii)  is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and

                            (iii)  is usually resident in Australia; and

                            (iv)  cohabits with the Australian relative.

836.22—Criteria to be satisfied at time of decision

836.221 

                   The applicant is a carer of a person referred to in clause 836.212.

836.223 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

836.224 

             (1)  Each member of the family unit of the applicant who is an applicant for a Subclass 836 visa is a person who:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and

                     (b)  if the person had turned 18 at the time of application—satisfies public interest criterion 4019.

             (2)  Each member of the family unit of the applicant who is not an applicant for a Subclass 836 visa:

                     (a)  satisfies public interest criteria 4001, 4002, 4003 and 4004; and

                     (b)  satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

836.225 

                   If a person (in this clause called the additional applicant):

                     (a)  is a member of the family unit of the applicant; and

                     (b)  has not turned 18; and

                     (c)  made a combined application with the applicant—

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

836.226 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

836.227 

                   The sponsorship mentioned in clause 836.213 has been approved by the Minister and is still in force.

836.3—Secondary criteria

Note:          If any member of a family unit satisfies the primary criteria, the other members of the family unit are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person.

836.31—Criteria to be satisfied at time of application

836.311 

                   The applicant is a member of the family unit of a person who:

                     (a)  has applied for an Other Family (Residence) (Class BU) visa; and

                     (b)  on the basis of the information provided in the application, appears to satisfy the criteria in Subdivision 836.21;

and the Minister has not decided to grant or refuse to grant the visa to that other person.

836.312 

                   The sponsorship mentioned in clause 836.213 of the person who satisfies the primary criteria includes sponsorship of the applicant.

836.32—Criteria to be satisfied at time of decision

836.321 

                   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 836 visa.

836.322 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

836.324 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

836.325 

                   The sponsorship mentioned in clause 836.312 has been approved by the Minister and is still in force.

836.4—Circumstances applicable to grant

836.411 

                   The applicant must be in Australia, but not in immigration clearance, when the visa is granted.

Note:          The second instalment of the visa application charge must be paid before the visa can be granted, unless the applicant is a person in relation to whom the Minister has determined that the second instalment of the visa application charge should not be paid because the Minister is satisfied that payment of the instalment has caused, or is likely to cause, severe financial hardship to the applicant or to the person of whom the applicant is a carer.

836.5—When visa is in effect

836.511 

                   Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

836.6—Conditions:   Nil.

Subclass 837Orphan Relative

837.1—Interpretation

837.111 

                   In this Part:

Australian relative means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

Note:          dependent child, eligible New Zealand citizen, relative and settled are defined in regulation 1.03, orphan relative is defined in regulation 1.14, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).

837.2—Primary criteria

Note:          The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need only satisfy the secondary criteria.

837.21—Criteria to be satisfied at time of application

837.211 

                   If the applicant is a person to whom section 48 of the Act applies, the applicant:

                     (a)  has not been refused a visa or had a visa cancelled under section 501 of the Act; and

                     (b)  since last applying for a substantive visa:

                              (i)  has become an orphan relative of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or

                             (ii)  became an orphan relative of the person mentioned in subparagraph (i) and is no longer an orphan relative only because the applicant has been adopted by that person.

837.212 

                   The applicant is:

                     (a)  the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or

                     (b)  a person who:

                              (i)  is not the holder of a substantive visa; and

                             (ii)  immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and

                            (iii)  satisfies Schedule 3 criterion 3002.

837.213 

                   The applicant:

                     (a)  is an orphan relative of an Australian relative of the applicant; or

                     (b)  is not an orphan relative only because the applicant has been adopted by the Australian relative mentioned in paragraph (a).

837.214 

                   The applicant is sponsored:

                     (a)  by the Australian relative, if the relative:

                              (i)  has turned 18; and

                             (ii)  is a settled Australian citizen, a settled Australian permanent resident, or a settled eligible New Zealand citizen; or

                     (b)  by the spouse or de facto partner of the Australian relative, if the spouse or de facto partner:

                              (i)  has turned 18; and

                             (ii)  is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and

                            (iii)  cohabits with the Australian relative.

837.22—Criteria to be satisfied at time of decision

837.221 

                   The applicant:

                     (a)  continues to satisfy the criterion in clause 837.213; or

                     (b)  does not continue to satisfy that criterion only because the applicant has turned 18.

837.222 

                   If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of Social Services.

837.223 

                   The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021.

837.224 

             (1)  Each member of the family unit of the applicant who is an applicant for a Subclass 837 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020.

             (2)  Each member of the family unit of the applicant who is not an applicant for a Subclass 837 visa:

                     (a)  satisfies public interest criteria 4001, 4002, 4003 and 4004; and

                     (b)  satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

837.225 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

837.226 

                   The sponsorship mentioned in clause 837.214 has been approved by the Minister and is still in force.

Note:          Regulation 1.20KB limits the Minister’s discretion to approve sponsorships.

837.3—Secondary criteria

Note:          If any member of a family unit satisfies the primary criteria, the other members of the family unit are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person.

837.31—Criteria to be satisfied at time of application

837.311 

                   The applicant is a member of the family unit of a person who:

                     (a)  has applied for a Child (Residence) (Class BT) visa; and

                     (b)  on the basis of the information provided in the application, appears to satisfy the criteria in Subdivision 837.21;

and the Minister has not decided to grant or refuse to grant the visa to that other person.

837.312 

                   The sponsorship mentioned in clause 837.214 of the person who satisfies the primary criteria includes sponsorship of the applicant.

837.32—Criteria to be satisfied at time of decision

837.321 

                   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 837 visa.

837.322 

                   The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021.

837.323 

                   If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that:

                     (a)  the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of Social Services; or

                     (b)  an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

837.324 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

837.325 

                   The sponsorship mentioned in clause 837.312 has been approved by the Minister and is still in force.

837.4—Circumstances applicable to grant

837.411 

                   The applicant must be in Australia, but not in immigration clearance, when the visa is granted.

Note:          The second instalment of the visa application charge must be paid before the visa can be granted.

837.5—When visa is in effect

837.511 

                   Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

837.6—Conditions:   Nil.

Subclass 838Aged Dependent Relative

838.1—Interpretation

838.111 

                   In this Part:

Australian relative means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

Note:          aged dependent relative, dependent child, eligible New Zealand citizen and settled are defined in regulation 1.03.

838.2—Primary criteria

Note:          The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

838.21—Criteria to be satisfied at time of application

838.211 

                   The applicant is:

                     (a)  the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or

                     (b)  a person who:

                              (i)  is not the holder of a substantive visa; and

                             (ii)  immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and

                            (iii)  satisfies Schedule 3 criterion 3002.

838.212 

                   The applicant is an aged dependent relative of an Australian relative.

838.213 

                   The applicant is sponsored:

                     (a)  by the Australian relative, if the Australian relative:

                              (i)  has turned 18; and

                             (ii)  is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and

                            (iii)  is usually resident in Australia; or

                     (b)  by the spouse or de facto partner of the Australian relative, if the spouse or de facto partner:

                              (i)  has turned 18; and

                             (ii)  is a settled Australian citizen, a settled Australian permanent resident or a settled New Zealand citizen; and

                            (iii)  is usually resident in Australia; and

                            (iv)  cohabits with the Australian relative.

838.22—Criteria to be satisfied at time of decision

838.221 

                   The applicant continues to satisfy the criterion in clause 838.212.

838.222 

                   The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

838.223 

                   The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019, 4020 and 4021.

838.224 

             (1)  Each member of the family unit of the applicant who is an applicant for a Subclass 838 visa is a person who:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and

                     (b)  if the person had turned 18 at the time of application—satisfies public interest criterion 4019.

             (2)  Each member of the family unit of the applicant who is not an applicant for a Subclass 838 visa satisfies:

                     (a)  public interest criteria 4001, 4002, 4003 and 4004; and

                     (b)  public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

838.225 

                   If a person (in this clause called the additional applicant):

                     (a)  is a member of the family unit of the applicant; and

                     (b)  has not turned 18; and

                     (c)  made a combined application with the applicant—

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

838.226 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

838.227 

                   The sponsorship mentioned in clause 838.213 has been approved by the Minister and is still in force.

838.3—Secondary criteria

Note:          If any member of a family unit satisfies the primary criteria, the other members of the family unit are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person.

838.31—Criteria to be satisfied at time of application

838.311 

                   The applicant is a member of the family unit of a person who:

                     (a)  has applied for an Other Family (Residence) (Class BU) visa; and

                     (b)  on the basis of the information provided in his or her application, appears to satisfy the criteria in Subdivision 838.21;

and the Minister has not decided to grant or refuse to grant the visa to that other person.

838.312 

                   The sponsorship mentioned in clause 838.213 of the person who satisfies the primary criteria includes sponsorship of the applicant.

838.32—Criteria to be satisfied at time of decision

838.321 

                   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 838 visa.

838.322 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

838.323 

                   The Minister is satisfied that:

                     (a)  the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of Social Services; or

                     (b)  an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

838.324 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

838.325 

                   The sponsorship mentioned in clause 838.312 has been approved by the Minister and is still in force.

838.4—Circumstances applicable to grant

838.411 

                   The applicant must be in Australia, but not in immigration clearance, when the visa is granted.

Note:          The second instalment of the visa application charge must be paid before the visa can be granted.

838.5—When visa is in effect

838.511 

                   Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

838.6—Conditions:   Nil.

Subclass 851Resolution of Status

851.1—Interpretation

Note:          There are no interpretation provisions specific to this Part.

851.2—Primary criteria

Note:          The primary criteria have to be satisfied by all applicants for Subclass 851 visas.

851.21—[No criteria to be satisfied at time of application]

851.22—Criteria to be satisfied at time of decision

851.221 

                   The applicant has undergone a medical examination carried out by any of the following (a relevant medical practitioner):

                     (a)  a Medical Officer of the Commonwealth;

                     (b)  a medical practitioner approved by the Minister for the purposes of this paragraph;

                     (c)  a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.

851.222 

                   The applicant:

                     (a)  has undergone a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or

                     (b)  is under 11 years of age and is not a person in respect of whom a relevant medical practitioner has requested such an examination; or

                     (c)  is a person:

                              (i)  who is confirmed by a relevant medical practitioner to be pregnant; and

                             (ii)  who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and

                            (iii)  who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and

                            (iv)  who the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.

851.223 

                   A relevant medical practitioner:

                     (a)  has considered:

                              (i)  the results of any tests carried out for the purposes of the medical examination required under clause 851.221; and

                             (ii)  the radiological report (if any) required under clause 851.222 in respect of the applicant; and

                     (b)  if he or she is not a Medical Officer of the Commonwealth and considers that the applicant has 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, has referred any relevant results and reports to a Medical Officer of the Commonwealth.

851.224 

                   If a Medical Officer of the Commonwealth considers that the applicant has 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, arrangements have been made, on the advice of the Medical Officer of the Commonwealth, to place the applicant under the professional supervision of a health authority in a State or Territory to undergo any necessary treatment.

851.225 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002 and 4003A; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

851.226 

                   If the applicant was taken to have made an application because the criteria in item 4 of the table in subregulation 2.07AQ(3) were satisfied, the applicant and the other person mentioned in that item are members of the family unit.

851.227 

                   If the criteria in item 3 of the table in paragraph 1127AA(3)(c) of Schedule 1 were satisfied, the applicant and the other person mentioned in that item are members of the same family unit.

851.3—Secondary criteria

Note:          There are no secondary criteria for the grant of a Subclass 851 visa.

851.4—Circumstances applicable to grant

851.411 

                   The applicant must be in Australia.

851.5—When visa is in effect

851.511 

                   Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

851.6—Conditions:   Nil.

Subclass 852Referred Stay (Permanent)

852.1—Interpretation

Note 1:       Regulation 1.03 provides that member of the immediate family has the meaning set out in regulation 1.12AA.

Note 2:       There are no interpretation provisions specific to this Part.

852.2—Primary criteria

Note:          The primary criteria must be satisfied by at least one member of an immediate family. The other members of the immediate family who are applicants for a visa of this subclass need satisfy only the secondary criteria.

852.21—Criteria to be satisfied at time of application

852.211 

                   The applicant is taken to have made a valid application for a Referred Stay (Permanent) (Class DH) visa under subregulation 2.07AK(2) in accordance with subregulation 2.07AK(3).

852.22—Criteria to be satisfied at time of decision

852.222 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003 and 4007; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

852.223 

                   The requirements of paragraphs 2.07AK(3)(d), (e) and (f) continue to be met in relation to the applicant.

852.224 

                   Each member of the immediate family of the applicant who is an applicant for a Subclass 852 (Referred Stay (Permanent)) visa is a person who:

                     (a)  satisfies public interest criteria 4001, 4002, 4003 and 4007; and

                     (b)  if the person had turned 18 at the time of application—satisfies public interest criterion 4019.

852.3—Secondary criteria

Note:          These criteria must be satisfied by applicants who are members of the immediate family of a person who satisfies the primary criteria.

852.31—Criteria to be satisfied at time of application

852.311 

                   The applicant is a member of the immediate family of a person who is taken, under subregulation 2.07AK(2), to have made a valid application for a Referred Stay (Permanent) (Class DH) visa in accordance with subregulation 2.07AK(3).

Note:          See regulation 2.07AK for how an application for a Referred Stay (Permanent) (Class DH) visa is taken to have been validly made.

852.312 

                   The Minister has not decided to grant or refuse to grant a Subclass 852 (Referred Stay (Permanent)) visa to the person mentioned in clause 852.311.

852.32—Criteria to be satisfied at time of decision

852.321 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003 and 4007; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

852.322 

                   The applicant continues to be a member of the immediate family of the person mentioned in clause 852.311.

852.323 

                   The person mentioned in clause 852.311 has been granted a Subclass 852 (Referred Stay (Permanent)) visa.

852.324 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

852.4—Circumstances applicable to grant

852.411 

                   The applicant may be in or outside Australia when the visa is granted.

852.5—When visa is in effect

852.511 

                   Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

852.6—Conditions

852.611 

                   If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified for this clause by the Minister.

Subclass 858Distinguished Talent

858.1—Interpretation

Note:          There are no interpretation provisions specific to this Part.

858.2—Primary criteria

Note:          The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

858.21—Criteria to be satisfied at time of application

858.211 

             (1)  The applicant is not the holder of:

                     (a)  a visa of one of the following classes or subclasses:

                              (i)  Electronic Travel Authority (Class UD);

                           (iia)  Maritime Crew (Temporary) (Class ZM);

                            (iii)  Sponsored (Visitor) (Class UL);

                          (iva)  Superyacht Crew (Temporary) (Class UW);

                             (v)  Subclass 400 (Temporary Work (Short Stay Specialist));

                            (vi)  Tourist (Class TR);

                           (vii)  Visitor (Class TV);

                          (viii)  Subclass 600 (Visitor); or

                     (b)  a special purpose visa; or

                     (c)  a Subclass 456 (Business (Short Stay)) visa.

             (2)  If the applicant is not the holder of a substantive visa:

                     (a)  the applicant satisfies Schedule 3 criteria 3001, 3003 and 3004; and

                     (b)  the last substantive visa held by the applicant was not:

                              (i)  a visa of one of the following classes or subclasses:

                                        (A)  Electronic Travel Authority (Class UD);

                                      (BA)  Maritime Crew (Temporary) (Class ZM);

                                        (C)  Sponsored (Visitor) (Class UL);

                                     (DA)  Superyacht Crew (Temporary) (Class UW);

                                         (E)  Subclass 400 (Temporary Work (Short Stay Specialist));

                                         (F)  Tourist (Class TR);

                                        (G)  Visitor (Class TV);

                                        (H)  Subclass 600 (Visitor); or

                             (ii)  a special purpose visa; or

                            (iii)  a Subclass 456 (Business (Short Stay)) visa.

858.212 

             (1)  The applicant meets the requirements of subclause (2) or (4).

             (2)  The applicant:

                     (a)  has an internationally recognised record of exceptional and outstanding achievement in one of the following areas:

                              (i)  a profession;

                             (ii)  a sport;

                            (iii)  the arts;

                            (iv)  academia and research; and

                     (b)  is still prominent in the area; and

                     (c)  would be an asset to the Australian community; and

                     (d)  would have no difficulty in obtaining employment, or in becoming established independently, in Australia in the area; and

                     (e)  produces a completed approved form 1000; and

Note:    An approved form 1000 requires the applicant’s record of achievement in an area (as mentioned in paragraph (a)) to be attested to by:

(a)     an Australian citizen; or

(b)     an Australian permanent resident; or

(c)     an eligible New Zealand citizen; or

(d)     an Australian organisation;

who has a national reputation in relation to the area.

                      (f)  if the applicant has not turned 18, or is at least 55 years old, at the time of application—would be of exceptional benefit to the Australian community.

             (4)  The applicant meets the requirements of this subclause if, in the opinion of the Minister, acting on the advice of:

                     (a)  the Minister responsible for an intelligence or security agency within the meaning of the Australian Security Intelligence Organisation Act 1979; or

                     (b)  the Director‑General of Security;

the applicant has provided specialised assistance to the Australian Government in matters of security.

858.22—Criteria to be satisfied at time of decision

858.221 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

858.223 

             (1)  Each member of the family unit of the applicant who is an applicant for a Subclass 858 visa is a person who:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

                     (b)  if the person had turned 18 at the time of application—satisfies public interest criterion 4019.

             (2)  Each member of the family unit of the applicant who is not an applicant for a Subclass 858 visa is a person who:

                     (a)  satisfies public interest criteria 4001, 4002, 4003 and 4004; and

                     (b)  satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

858.224 

                   If a person (in this clause called the additional applicant):

                     (a)  is a member of the family unit of the applicant; and

                     (b)  has not turned 18; and

                     (c)  made a combined application with the applicant—

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

858.225 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

858.227 

                   Unless the applicant meets the requirements of subclause 858.212(4):

                     (a)  the applicant satisfies public interest criteria 4020; and

                     (b)  each member of the family unit of the applicant satisfies public interest criteria 4020.

858.3—Secondary criteria

Note 1:       These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

Note 2:       Whether a person is a member of the family unit of an applicant for a Distinguished Talent (Resident) (Class BX) visa who has not turned 18 is worked out under subregulation 1.12(2) or (7). Only subregulation 1.12(2) is relevant if the applicant has turned 18.

858.31—Criteria to be satisfied at time of application

858.311 

                   The applicant is a member of the family unit of a person who:

                     (a)  has applied for a Distinguished Talent (Residence) (Class BX) visa; and

                     (b)  on the basis of the information provided in his or her application, appears to satisfy the criteria in Subdivision 858.21;

and the Minister has not decided to grant or refuse to grant the visa to that other person.

858.312 

                   Any sponsorship or nomination given in respect of that other person includes the applicant.

858.32—Criteria to be satisfied at time of decision

858.321 

             (1)  The applicant meets the requirements of subclause (2), (3) or (4).

             (2)  The applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person (the non‑dependent holder) who, having satisfied the primary criteria, is the holder of a Subclass 858 visa.

             (3)  The applicant meets the requirements of this subclause if:

                     (a)  the applicant is the spouse or de facto partner of the non‑dependent holder; and

                     (b)  the relationship between the non‑dependent holder and the applicant has ceased; and

                     (c)  one or more of the following:

                              (i)  the applicant;

                             (ii)  a member of the family unit of the applicant who has made a combined application with the non‑dependent holder;

                            (iii)  a dependent child of the applicant or of the non‑dependent holder;

                            has suffered family violence committed by the non‑dependent holder.

             (4)  The applicant meets the requirements of this subclause if:

                     (a)  the applicant is a member of the family unit of the spouse or de facto partner of the non‑dependent holder; and

                     (b)  the spouse or de facto partner meets the requirements of subclause (3); and

                     (c)  the applicant has made a combined application with the non‑dependent holder; and

                     (d)  the spouse or de facto partner has been granted a Subclass 858 visa.

Note:          For special provisions relating to family violence, see Division 1.5.

858.322 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

858.324 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

858.326 

                   Unless the non‑dependent holder mentioned in clause 858.321 in relation to the applicant met the requirements of subclause 858.212(4), the applicant satisfies public interest criteria 4020.

858.4—Circumstances applicable to grant

858.411 

                   The applicant must be in Australia, but not in immigration clearance, when the visa is granted.

858.5—When visa is in effect

858.511 

                   Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

858.6—Conditions:   Nil.

Subclass 864Contributory Aged Parent

864.1—Interpretation

864.111 

                   In this Part, a reference to an applicant who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa means a person:

                     (a)  who, at the time of application, holds a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or

                     (b)  who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or

                     (c)  in relation to whom the Minister is satisfied that compassionate and compelling circumstances exist for the person to be considered to have been the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of the application.

Note:          Australian permanent resident, aged parent, eligible New Zealand citizen, close relative, guardian, outstanding, parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).

864.2—Primary criteria

Note:          The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

864.21—Criteria to be satisfied at time of application

864.211 

             (1)  The applicant is:

                     (a)  the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or

                     (b)  a person who:

                              (i)  is not the holder of a substantive visa; and

                             (ii)  immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and

                            (iii)  satisfies criterion 3002.

             (2)  Subclause (1) does not apply to an applicant if the applicant withdrew an application for a Subclass 804 (Aged Parent) visa at the time of making the application for the Subclass 864 (Contributory Aged Parent) visa.

864.212 

                   The applicant is:

                     (a)  the aged parent of a person (the child) who is:

                              (i)  a settled Australian citizen; or

                             (ii)  a settled Australian permanent resident; or

                            (iii)  a settled eligible New Zealand citizen; or

                   (ab)  the holder of a substituted Subclass 600 visa, and is the parent of a person (the child) who is:

                              (i)  a settled Australian citizen; or

                             (ii)  a settled Australian permanent resident; or

                            (iii)  a settled eligible New Zealand citizen; or

                     (b)  a person:

                              (i)  who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

                             (ii)  who is no longer the parent of the child because the child has died; and

                            (iii)  who is not the parent of another child; or

                     (c)  a person:

                              (i)  who is the holder of a substituted Subclass 600 visa; and

                             (ii)  who was, before he or she was granted the substituted Subclass 600 visa, the holder of a Subclass 884 (Contributory) Aged Parent (Temporary)) visa that ceased to be in effect; and

                            (iii)  who is no longer the parent of the child because the child has died; and

                            (iv)  who is not the parent of another child; or

                     (d)  a person:

                              (i)  who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

                             (ii)  who, immediately before he or she was granted the Subclass 884 (Contributory Aged Parent (Temporary)) visa, was the holder of a substituted Subclass 600 visa.

864.213 

             (1)  The applicant is:

                     (a)  sponsored in accordance with subclause (2) or (3); or

                     (b)  taken, under subclause (4), to be sponsored in accordance with this clause; or

                     (c)  satisfies the criterion in paragraph 864.212(c).

             (2)  If the child has turned 18, the applicant is sponsored by:

                     (a)  the child; or

                     (b)  the child’s cohabiting spouse or de facto partner, if the spouse or de facto partner:

                              (i)  has turned 18; and

                             (ii)  is:

                                        (A)  a settled Australian citizen; or

                                        (B)  a settled Australian permanent resident; or

                                        (C)  a settled eligible New Zealand citizen.

             (3)  If the child has not turned 18, the applicant is sponsored by:

                     (a)  the child’s cohabiting spouse, if the spouse:

                              (i)  has turned 18; and

                             (ii)  is:

                                        (A)  a settled Australian citizen; or

                                        (B)  a settled Australian permanent resident; or

                                        (C)  a settled eligible New Zealand citizen; or

                     (b)  a person who:

                              (i)  is a relative or guardian of the child; and

                             (ii)  has turned 18; and

                            (iii)  is:

                                        (A)  a settled Australian citizen; or

                                        (B)  a settled Australian permanent resident; or

                                        (C)  a settled eligible New Zealand citizen; or

                     (c)  if the child has a cohabiting spouse but the spouse has not turned 18—a person who:

                              (i)  is a relative or guardian of the child’s spouse; and

                             (ii)  has turned 18; and

                            (iii)  is:

                                        (A)  a settled Australian citizen; or

                                        (B)  a settled Australian permanent resident; or

                                        (C)  a settled eligible New Zealand citizen; or

                     (d)  a community organisation.

             (4)  The applicant is taken to be sponsored in accordance with this clause if:

                     (a)  the applicant:

                              (i)  is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application; or

                             (ii)  both:

                                        (A)  was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

                                        (B)  is the holder of a substituted Subclass 600 visa at the time of application; and

                     (b)  the person who sponsored the applicant for the Subclass 884 (Contributory Aged Parent (Temporary)) visa dies before the Subclass 884 (Contributory Aged Parent (Temporary)) visa ceases to be in effect; and

                     (c)  there is no other sponsor available who could meet the requirements set out in subclause (2) or (3).

864.214 

                   For an applicant who, at the time of application, is neither:

                     (a)  the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; nor

                     (b)  the holder of a substituted Subclass 600 visa;

the applicant satisfies the balance of family test.

864.22—Criteria to be satisfied at time of decision

864.221 

             (1)  If the applicant met the requirement in paragraph 864.212(ab) at the time of application, the applicant continues to be the parent of the child mentioned in that paragraph.

             (2)  If the applicant met the requirement in paragraph 864.212(c) at the time of application, the applicant is not the parent of a child other than the child mentioned in subparagraph 864.212(c)(iii).

             (3)  If the applicant met another requirement in clause 864.212 at the time of application, the applicant continues to meet the requirement.

864.222 

                   For an applicant who satisfies the criterion in paragraph 864.213(1)(a) or (b), if a sponsorship of the kind mentioned in subclause 864.213(2) or (3) was in force in relation to the applicant at the time of application, a sponsorship of that kind, approved by the Minister, is in force in relation to:

                     (a)  the sponsor at the time of application; or

                     (b)  another sponsor who meets the requirements set out in subclause 864.213(2) or (3);

whether or not the sponsor was the sponsor at the time of application.

Note:          The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in subclause 864.213(2) or (3).

864.222A 

                   If clause 864.222 does not apply:

                     (a)  the applicant was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application; and

                     (b)  a sponsor of the applicant who usually resides in Australia dies before a decision is made to grant, or to refuse to grant, the Subclass 864 (Contributory Aged Parent) visa; and

                     (c)  there is no other sponsor available who meets the requirements set out in subclause 864.213(2) or (3).

864.223 

                   If the applicant was not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, the applicant satisfies the criteria mentioned for the applicant in the item in the table that relates to the applicant.

 

Item

If the applicant was …

the criteria to be satisfied by the applicant are ...

1

not the holder of a substituted Subclass 600 visa at the time of application

public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019, 4020 and 4021

2

the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002, 4003, 4009, 4010, 4019, 4020 and 4021; and

(b) 4007 or, if the applicant has previously held a Subclass 884 visa, such health checks as the Minister considers appropriate

864.224 

                   If the applicant was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, the applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4020 and 4021; and

                    (aa)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019; and

                     (b)  has undergone any health checks that the Minister considers appropriate.

864.224A 

                   Each member of the family unit of the applicant who is an applicant for a Subclass 864 visa is a person who satisfies public interest criterion 4020.

864.225 

                   If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

864.226 

                   The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

864.227 

                   If the applicant was not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, each member of the family unit of the applicant who is an applicant for a Subclass 864 (Contributory Aged Parent) visa:

                     (a)  must satisfy the public interest criteria mentioned in the item in the table that relates to the applicant; and

                     (b)  if the member of the family unit has previously been in Australia—must satisfy the special return criteria mentioned in the item in the table that relates to the applicant.

 

Item

If the applicant …

the public interest criteria to be satisfied by the member of the family unit are …

and if the member of the family unit has previously been in Australia, the special return criteria are …

1

was not the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(b) if the applicant had turned 18 at the time of application—4019

5001, 5002 and 5010

2

was the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002, 4003, 4009 and 4010; and

(b) either:

(i) 4007; or

(ii) if the member of the family unit has previously held a Subclass 884 visa, such health checks as the Minister considers appropriate; and

(c) if the applicant had turned 18 at the time of application—4019

5001, 5002 and 5010

864.228 

                   If the applicant was not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, each member of the family unit of the applicant who is not an applicant for a Subclass 864 (Contributory Aged Parent) visa must satisfy the public interest criteria mentioned in the item in the table that relates to the applicant.

 

Item

If the applicant was …

the public interest criteria to be satisfied by the member of the family unit are ...

1

not the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002, 4003 and 4004; and

(b) 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion

2

the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002 and 4003; and

(b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion

864.229 

                   If a person (the additional applicant):

                     (a)  is a member of the family unit of the applicant; and

                     (b)  has not turned 18; and

                     (c)  made a combined application with the applicant;

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

864.230 

                   If the applicant has previously made a valid application for another parent visa, that application is not outstanding.

864.3—Secondary criteria

864.31—Criteria to be satisfied at time of application

864.311 

                   Either:

                     (a)  the applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 864.21; or

                     (b)  each of the following applies:

                              (i)  the applicant is a member of the family unit of a person (the other applicant) who:

                                        (A)  has applied for a Contributory Aged Parent (Residence) (Class DG) visa; and

                                        (B)  on the basis of the information provided in his or her application, appears to satisfy the primary criteria in Subdivision 864.21;

                             (ii)  the Minister has not decided to grant or refuse to grant the visa to the other applicant.

864.312 

                   One of the following applies:

                     (a)  the sponsorship mentioned in subclause 864.213(2) or (3) of the person who satisfies the primary criteria includes sponsorship of the applicant;

                     (b)  the person who satisfies the primary criteria, and the applicant, meet the requirements of subclause 864.213(4);

                     (c)  the applicant is a contributory parent newborn child who was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of the application and:

                              (i)  the contributory parent newborn child’s parent was granted a Subclass 864 (Contributory Aged Parent) visa on the basis of meeting paragraph 864.222(b); or

                             (ii)  the person who sponsored the contributory parent newborn child’s parent for the Subclass 864 (Contributory Aged Parent) visa died after that visa was granted.

864.32—Criteria to be satisfied at time of decision

864.321 

                   The applicant is a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 864 (Contributory Aged Parent) visa.

864.322 

                   One of the following applies:

                     (a)  the sponsorship, mentioned in paragraph 864.222(a), that includes sponsorship of the applicant:

                              (i)  has been approved by the Minister in relation to the applicant; and

                             (ii)  is still in force in relation to the applicant;

                     (b)  the person who satisfied the primary criteria at the time of decision met the requirements of paragraph 864.222(b) at the time of decision, and the applicant meets those requirements at the time of decision;

                     (c)  the applicant is a contributory parent newborn child who meets the requirements of paragraph 864.312(c).

864.323 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

864.324 

                   If the applicant was not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, the applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.

 

Item

If the applicant is a member of the family unit of a person who is mentioned in clause 864.321, and the person was …

the public interest criteria to be satisfied by the applicant are ...

1

not the holder of a substituted Subclass 600 visa at the time of application

4004, 4005, 4009 and 4010

2

the holder of a substituted Subclass 600 visa at the time of application

(a) 4009 and 4010; and

(b) 4007 or, if the applicant has previously held a Subclass 884 visa, such health checks as the Minister considers appropriate

864.325 

                   If the applicant was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, the applicant has undergone any health checks that the Minister considers appropriate.

864.326 

                   If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

864.327 

                   The Minister is satisfied that:

                     (a)  the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of Social Services; or

                     (b)  an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

864.328 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

864.329 

                   If the applicant has previously made a valid application for another parent visa, that application is not outstanding.

864.4—Circumstances applicable to grant

864.411 

                   The applicant must be in Australia, but not in immigration clearance when the visa is granted.

Note:          The second instalment of the visa application charge must be paid before the visa can be granted.

864.5—When visa is in effect

864.511 

                   Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.

864.6—Conditions:   Nil.

Subclass 866Protection

866.1—Interpretation

Note 1:       For member of the same family unit, see subsection 5(1) of the Act.

Note 2:       There are no interpretation provisions specific to this Part.

866.2—Primary criteria

Note:          All applicants must satisfy the primary criteria.

866.21—Criteria to be satisfied at time of application

866.211 

             (1)  Subclause (2) or (3) is satisfied.

             (2)  The applicant:

                     (a)  claims that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant; and

                     (b)  makes specific claims as to why that criterion is satisfied.

Note:          Paragraphs 36(2)(a) and (aa) of the Act set out criteria for the grant of protection visas to non‑citizens in respect of whom Australia has protection obligations.

             (3)  The applicant claims to be a member of the same family unit as a person:

                     (a)  to whom subclause (2) applies; and

                     (b)  who is an applicant for a Subclass 866 (Protection) visa.

Note:          See paragraphs 36(2)(b) and (c) of the Act.

866.22—Criteria to be satisfied at time of decision

866.221 

             (1)  Subclause (2) or (3) is satisfied.

             (2)  The Minister is satisfied that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant.

Note:          Paragraphs 36(2)(a) and (aa) of the Act set out criteria for the grant of protection visas to non‑citizens in respect of whom Australia has protection obligations.

             (3)  The Minister is satisfied that:

                     (a)  the applicant is a member of the same family unit as an applicant mentioned in subclause (2); and

                     (b)  the applicant mentioned in subclause (2) has been granted a Subclass 866 (Protection) visa.

Note:          See paragraphs 36(2)(b) and (c) of the Act.

866.223 

                   The applicant has undergone a medical examination carried out by any of the following (a relevant medical practitioner):

                     (a)  a Medical Officer of the Commonwealth;

                     (b)  a medical practitioner approved by the Minister for the purposes of this paragraph;

                     (c)  a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.

866.224 

                   The applicant:

                     (a)  has undergone a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or

                     (b)  is under 11 years of age and is not a person in respect of whom a relevant medical practitioner has requested such an examination; or

                     (c)  is a person:

                              (i)  who is confirmed by a relevant medical practitioner to be pregnant; and

                             (ii)  who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and

                            (iii)  who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and

                            (iv)  who the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.

866.224A 

                   A relevant medical practitioner:

                     (a)  has considered:

                              (i)  the results of any tests carried out for the purposes of the medical examination required under clause 866.223; and

                             (ii)  the radiological report (if any) required under clause 866.224 in respect of the applicant; and

                     (b)  if he or she is not a Medical Officer of the Commonwealth and considers that the applicant has 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, has referred any relevant results and reports to a Medical Officer of the Commonwealth.

866.224B 

                   If a Medical Officer of the Commonwealth considers that the applicant has 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, arrangements have been made, on the advice of the Medical Officer of the Commonwealth, to place the applicant under the professional supervision of a health authority in a State or Territory to undergo any necessary treatment.

866.225 

                   The applicant:

                     (a)  satisfies public interest criteria 4001 and 4003A; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

866.226 

                   The Minister is satisfied that the grant of the visa is in the national interest.

866.227 

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

             (2)  The applicant meets the requirements of this subclause if the applicant, or a member of the family unit of the applicant, is not a person who has been offered a temporary stay in Australia by the Australian Government for the purpose of an application for a Temporary Safe Haven (Class UJ) visa as provided for in regulation 2.07AC.

             (3)  The applicant meets the requirements of this subclause if section 91K of the Act does not apply to the applicant’s application because of a determination made by the Minister under subsection 91L(1) of the Act.

866.230 

             (1)  If the applicant is a child to whom subregulation 2.08(2) applies, subclause (2) is satisfied.

             (2)  The Minister is satisfied that:

                     (a)  the applicant is a member of the same family unit as an applicant to whom subclause 866.221(2) applies; and

                     (b)  the applicant to whom subclause 866.221(2) applies has been granted a Subclass 866 (Protection) visa.

Note 1:       Subregulation 2.08(2) applies, generally, to a child born to a non‑citizen after the non‑citizen has applied for a visa but before the application is decided.

Note 2:       Subclause 866.221(2) applies if the Minister is satisfied that Australia has protection obligations in respect of the applicant as mentioned in paragraph 36(2)(a) or (aa) of the Act.

866.231 

                   The applicant has not been made an offer of a permanent stay in Australia as described in item 3 or 4 of the table in subregulation 2.07AQ(3).

866.232 

                   The applicant does not hold a Resolution of Status (Class CD) visa.

866.3—Secondary criteria

Note:          All applicants must satisfy the primary criteria.

866.4—Circumstances applicable to grant

866.411 

                   The applicant must be in Australia.

866.5—When visa is in effect

866.511 

                   Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

866.6—Conditions

866.611 

                   Condition 8559.

Subclass 884Contributory Aged Parent (Temporary)

884.1—Interpretation

Note:          Australian permanent resident, aged parent, eligible New Zealand citizen, close relative, guardian, outstanding, parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).

884.2—Primary criteria

Note:          The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

884.21—Criteria to be satisfied at time of application

884.211 

             (1)  The applicant is:

                     (a)  the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or

                     (b)  a person who:

                              (i)  is not the holder of a substantive visa; and

                             (ii)  immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and

                            (iii)  satisfies criterion 3002.

             (2)  Subclause (1) does not apply to an applicant if the applicant withdrew an application for a Subclass 804 (Aged Parent) visa at the time of making the application for the Subclass 884 (Contributory Aged Parent (Temporary)) visa.

884.212 

             (1)  The applicant is:

                     (a)  either:

                              (i)  the aged parent of a person (the child) who is:

                                        (A)  a settled Australian citizen; or

                                        (B)  a settled Australian permanent resident; or

                                        (C)  a settled eligible New Zealand citizen; or

                             (ii)  the holder of a substituted Subclass 600 visa and the parent of a person (the child) who is:

                                        (A)  a settled Australian citizen; or

                                        (B)  a settled Australian permanent resident; or

                                        (C)  a settled eligible New Zealand citizen; and

                     (b)  sponsored in accordance with subclause (2) or (3).

             (2)  If the child has turned 18, the applicant is sponsored by:

                     (a)  the child; or

                     (b)  the child’s cohabiting spouse or de facto partner, if the spouse or de facto partner:

                              (i)  has turned 18; and

                             (ii)  is:

                                        (A)  a settled Australian citizen; or

                                        (B)  a settled Australian permanent resident; or

                                        (C)  a settled eligible New Zealand citizen.

             (3)  If the child has not turned 18, the applicant is sponsored by:

                     (a)  the child’s cohabiting spouse, if the spouse:

                              (i)  has turned 18; and

                             (ii)  is:

                                        (A)  a settled Australian citizen; or

                                        (B)  a settled Australian permanent resident; or

                                        (C)  a settled eligible New Zealand citizen; or

                     (b)  a person who:

                              (i)  is a relative or guardian of the child; and

                             (ii)  has turned 18; and

                            (iii)  is:

                                        (A)  a settled Australian citizen; or

                                        (B)  a settled Australian permanent resident; or

                                        (C)  a settled eligible New Zealand citizen; or

                     (c)  if the child has a cohabiting spouse but the spouse has not turned 18—a person who:

                              (i)  is a relative or guardian of the child’s spouse; and

                             (ii)  has turned 18; and

                            (iii)  is:

                                        (A)  a settled Australian citizen; or

                                        (B)  a settled Australian permanent resident; or

                                        (C)  a settled eligible New Zealand citizen; or

                     (d)  a community organisation.

884.213 

                   If the applicant is not the holder of a substituted Subclass 600 visa, the applicant satisfies the balance of family test.

884.22—Criteria to be satisfied at time of decision

884.221 

                   The applicant continues to satisfy the criterion in subclause 884.212(1).

884.222 

                   A sponsorship of the kind mentioned in clause 884.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application.

Note:          The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in clause 884.212.

884.224 

                   The applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.

 

Item

If the applicant …

the public interest criteria to be satisfied by the applicant are ...

1

was not the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and

(b) if the applicant had turned 18 at the time of application—4019

2

was the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002, 4003, 4007, 4009, 4010, 4020 and 4021; and

(b) if the applicant had turned 18 at the time of application—4019

884.225 

                   If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

884.226 

                   Each member of the family unit of the applicant who is an applicant for a Subclass 884 (Contributory Aged Parent (Temporary)) visa:

                     (a)  must satisfy the public interest criteria mentioned in the item in the table that relates to the applicant; and

                     (b)  if the member of the family unit has previously been in Australia—must satisfy the special return criteria mentioned in the item in the table that relates to the applicant.

 

Item

If the applicant …

the public interest criteria to be satisfied by the member of the family unit are …

and if the member of the family unit has previously been in Australia, the special return criteria are …

1

was not the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and

(b) if the applicant had turned 18 at the time of application—4019

5001, 5002 and 5010

2

was the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002, 4003, 4007, 4009, 4010 and 4020; and

(b) if the applicant had turned 18 at the time of application—4019

5001, 5002 and 5010

884.227 

                   Each member of the family unit of the applicant who is not an applicant for a Subclass 884 (Contributory Aged Parent (Temporary)) visa must satisfy the public interest criteria mentioned in the item in the table that applies to the applicant.

 

Item

If the applicant was …

the public interest criteria to be satisfied by the member of the family unit are ...

1

not the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002, 4003, 4004; and

(b) 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion

2

the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002 and 4003; and

(b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion

884.228 

                   If a person (the additional applicant):

                     (a)  is a member of the family unit of the applicant; and

                     (b)  has not turned 18; and

                     (c)  made a combined application with the applicant;

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

884.229 

                   If the applicant has previously made a valid application for another parent visa, that application is not outstanding.

884.3—Secondary criteria

884.31—Criteria to be satisfied at time of application

884.311 

                   Either:

                     (a)  the applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 884.21; or

                     (b)  each of the following applies:

                              (i)  the applicant is a member of the family unit of a person (the other applicant) who:

                                        (A)  has applied for a Contributory Aged Parent (Temporary) (Class UU) visa; and

                                        (B)  on the basis of the information provided in his or her application, appears to satisfy the primary criteria in Subdivision 884.21;

                             (ii)  the Minister has not decided to grant or refuse to grant the visa to the other applicant.

884.312 

                   A sponsorship of the kind mentioned in clause 884.212 of the person who satisfies the primary criteria, approved by the Minister:

                     (a)  is in force; and

                     (b)  includes sponsorship of the applicant.

884.32—Criteria to be satisfied at time of decision

884.321 

                   Unless the applicant is a contributory parent newborn child, 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 884 (Contributory Aged Parent (Temporary)) visa.

884.322 

                   One of the following applies:

                     (a)  a sponsorship of the kind mentioned in clause 884.212 of the person who satisfies the primary criteria, approved by the Minister:

                              (i)  is in force; and

                             (ii)  includes sponsorship of the applicant;

                            whether or not the sponsor was the sponsor at the time of application.

                     (b)  the applicant is a contributory parent newborn child who is sponsored by the person who sponsored the contributory parent newborn child’s parent for a Subclass 884 (Contributory Aged Parent (Temporary)) visa or a Subclass 864 (Contributory Aged Parent) visa, and the contributory parent newborn child’s sponsorship has been approved by the Minister;

                     (c)  the applicant is a contributory parent newborn child who is taken to be sponsored in accordance with clause 884.322A.

884.322A 

                   A contributory parent newborn child is taken to be sponsored if:

                     (a)  the contributory parent newborn child’s parent is taken to be sponsored in accordance with subclause 864.213(4); or

                     (b)  the following criteria apply in relation to the contributory parent newborn child’s parent:

                              (i)  the parent is the holder of a Subclass 864 (Contributory Aged Parent) visa at the time of the contributory parent newborn child’s application;

                             (ii)  the person who sponsored the parent for the Subclass 864 (Contributory Aged Parent) visa has died; or

                     (c)  the following criteria apply in relation to the contributory parent newborn child’s parent:

                              (i)  at the time of the contributory parent newborn child’s application, the parent is the holder of:

                                        (A)  a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or

                                        (B)  a bridging visa, and the last substantive visa held by that parent was a Subclass 884 (Contributory Aged Parent (Temporary)) visa;

                             (ii)  the person who sponsored the parent for the Subclass 884 (Contributory Aged Parent (Temporary)) visa has died.

884.323 

                   For an applicant who is not a contributory parent newborn child, the applicant satisfies the criteria mentioned for the applicant in an item in the table that relates to the applicant.

 

Item

If the applicant is a member of the family unit of a person who is mentioned in clause 884.321, and the person …

the public interest criteria to be satisfied by the applicant are ...

1

was not the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(b) if the applicant had turned 18 at the time of application—4019

2

was the holder of a substituted Subclass 600 visa at the time of application

(a) 4001, 4002, 4003, 4007, 4009 and 4010; and

(b) if the applicant had turned 18 at the time of application—4019

884.324 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

884.325 

                   If the applicant has previously made a valid application for another parent visa, that application is not outstanding.

884.326 

                   If the applicant:

                     (a)  is not a contributory parent newborn child; and

                     (b)  has previously been in Australia;

the applicant satisfies special return criteria 5001, 5002 and 5010.

884.327 

                   If the applicant is a contributory parent newborn child, the applicant has undergone any health checks that the Minister considers appropriate.

884.328 

                   The applicant satisfies public interest criteria 4020 and 4021.

884.4—Circumstances applicable to grant

884.411 

                   If the applicant is not a contributory parent newborn child, the applicant must be in Australia, but not in immigration clearance, when the visa is granted.

Note:          The second instalment of the visa application charge must be paid before the visa can be granted.

884.412 

                   If the applicant is a contributory parent newborn child, the applicant may be in Australia or outside Australia when the visa is granted.

884.5—When visa is in effect

884.511 

                   If the applicant is not a contributory parent newborn child:   temporary visa permitting the holder to travel to, enter and remain in Australia for 2 years from a date specified by the Minister for the purpose.

884.512 

                   If the applicant is a contributory parent newborn child:   temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

884.6—Conditions:   Nil.

Subclass 887Skilled—Regional

887.1—Interpretation

887.111 

             (1)  In this Part:

specified regional area, for an applicant who applies for a Subclass 887 visa, means a part of Australia identified in accordance with subclause (2) or (3).

             (2)  If an applicant applies for the Subclass 887 visa on the basis of having held:

                     (a)  a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa; or

                     (b)  a Skilled (Provisional) (Class VC) visa that is subject to condition 8549; or

                     (c)  a Skilled (Provisional) (Class VF) visa that is subject to condition 8549; or

                     (d)  a Subclass 475 (Skilled—Regional Sponsored) visa in relation to which:

                              (i)  the application for the visa was made on or after 1 July 2010; and

                             (ii)  the visa was granted in the period starting on 1 July 2010 and ending on 31 December 2010; and

                            (iii)  the visa was granted on the basis that the requirements of subclause 475.222(3) were satisfied; or

                     (e)  a Subclass 487 (Skilled—Regional Sponsored) visa in relation to which:

                              (i)  the application for the visa was made on or after 1 July 2010; and

                             (ii)  the visa was granted in the period starting on 1 July 2010 and ending on 31 December 2010; and

                            (iii)  the visa was granted on the basis that the requirements of subclause 487.225(3) were satisfied; or

                      (f)  a Skilled—Regional Sponsored (Provisional) (Class SP) visa that is subject to condition 8549;

a specified regional area is a part of Australia that, at the time at which a visa of that kind was first granted to the applicant, was specified by the Minister in an instrument in writing under item 6701 of Schedule 6 or was a designated area.

             (3)  If an applicant applies for the Subclass 887 visa on the basis of having held:

                     (a)  a Skilled—Independent Regional (Provisional) (Class UX) visa; or

                     (b)  a Skilled (Provisional) (Class VC) visa that is subject to condition 8539; or

                     (c)  a Skilled (Provisional) (Class VF) visa that is subject to condition 8539; or

                     (d)  a Subclass 475 (Skilled—Regional Sponsored) visa in relation to which:

                              (i)  the application for the visa was made on or after 1 July 2010; and

                             (ii)  in making the application, the requirements of subitem 1228(3A) of Schedule 1 were satisfied; and

                            (iii)  the visa was granted in the period starting on 1 July 2010 and ending on 31 December 2010; or

                     (e)  a Subclass 487 (Skilled—Regional Sponsored) visa in relation to which:

                              (i)  the application for the visa was made on or after 1 July 2010; and

                             (ii)  in making the application, the requirements of subitem 1229(3A) of Schedule 1 were satisfied; and

                            (iii)  the visa was granted in the period starting on 1 July 2010 and ending on 31 December 2010; or

                      (f)  a Skilled—Regional Sponsored (Provisional) (Class SP) visa that is subject to condition 8539;

a specified regional area is a part of Australia that, at the time at which a visa of that kind was first granted to the applicant, was specified by the Minister in an instrument in writing under item 6A1001 of Schedule 6A or item 6D101 of Schedule 6D.

887.2—Primary criteria

Note:          The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.

887.21—Criteria to be satisfied at time of application

887.211 

                   The applicant meets the requirements set out in subitem 1136(7) of Schedule 1.

887.212 

                   The applicant must have lived in a specified regional area for a total of at least 2 years as the holder of 1 or more of the following visas:

                     (a)  a Skilled—Independent Regional (Provisional) (Class UX) visa;

                     (b)  a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;

                     (c)  a Subclass 475 (Skilled—Regional Sponsored) visa;

                     (d)  a Subclass 487 (Skilled—Regional Sponsored) visa;

                     (e)  a Skilled—Regional Sponsored (Provisional) (Class SP) visa;

                      (f)  a Bridging A (Class WA) visa, or a Bridging B (Class WB) visa, that was granted on the basis of a valid application for:

                              (i)  a Skilled—Independent Regional (Provisional) (Class UX) visa; or

                             (ii)  a Skilled (Provisional) (Class VC) visa; or

                            (iii)  a Skilled—Regional Sponsored (Provisional) (Class SP) visa.

887.213 

                   The applicant must have worked full‑time in a specified regional area for a total of at least 1 year as the holder of 1 or more of the visas mentioned in clause 887.212.

887.22—Criteria to be satisfied at time of decision

887.221 

             (1)  While the applicant was the holder of:

                     (a)  a Skilled—Independent Regional (Provisional) (Class UX) visa; or

                     (b)  a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa; or

                     (c)  a Subclass 475 (Skilled—Regional Sponsored) visa; or

                     (d)  a Subclass 487 (Skilled—Regional Sponsored) visa; or

                     (e)  a Skilled—Regional Sponsored (Provisional) (Class SP) visa;

the applicant must have substantially complied with the conditions to which that visa is or was subject.

             (2)  While a person included in the application (other than the applicant) was the holder of:

                     (a)  a Skilled—Independent Regional (Provisional) (Class UX) visa; or

                     (b)  a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa; or

                     (c)  a Subclass 475 (Skilled—Regional Sponsored) visa; or

                     (d)  a Subclass 487 (Skilled—Regional Sponsored) visa; or

                     (e)  a Skilled—Regional Sponsored (Provisional) (Class SP) visa;

that person must have substantially complied with the conditions to which that visa is or was subject.

887.223 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

887.224 

                   The applicant satisfies special return criteria 5001, 5002 and 5010.

887.225 

                   Each member of the family unit of the applicant, who is also an applicant for a Subclass 887 visa, is a person who:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010 and 4020; and

                    (aa)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019; and

                     (b)  satisfies special return criteria 5001, 5002 and 5010.

887.226 

                   Each member of the family unit of the applicant, who is not an applicant for a Subclass 887 visa, is a person who:

                     (a)  satisfies public interest criteria 4001, 4002, 4003 and 4004; and

                     (b)  satisfies public interest criterion4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

887.227 

                   If a person (the additional applicant):

                     (a)  is a member of the family unit of the applicant; and

                     (b)  is less than 18; and

                     (c)  made a combined application with the applicant;

public interest criteria 4015 and 4016 are satisfied for the additional applicant.

887.228 

                   Grant of the visa would not result in either:

                     (a)  the number of Subclass 887 visas granted in a financial year exceeding the maximum number of Subclass 887 visas, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year; or

                     (b)  the number of visas of particular classes (including Subclass 887) granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year.

887.3—Secondary criteria

Note:          These criteria must be satisfied by applicants who are members of the family unit of an applicant who satisfies the primary criteria.

887.31—Criteria to be satisfied at time of application

887.311 

                   The applicant is a member of the family unit of a person who satisfies the primary criteria in Subdivision 887.21 and made a combined application with that person.

887.32—Criteria to be satisfied at time of decision

887.321 

                   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 887 visa.

887.322 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

887.323 

                   The applicant satisfies special return criteria 5001, 5002 and 5010.

887.324 

                   If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

887.4—Circumstances applicable to grant

887.411 

                   The applicant must be in Australia when the visa is granted.

Note:          The second instalment of the visa application charge must be paid before the visa can be granted.

887.5—When visa is in effect

887.511 

                   Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.

887.6—Conditions:   Nil.

Subclass 888Business Innovation and Investment (Permanent)

888.1—Interpretation

888.111 

                   In this Part:

designated investment means an investment in a security that is specified for this Part by the Minister under regulation 5.19A.

Note 1:       For AUD, fiscal year, ownership interest and qualifying business: see regulation 1.03.

Note 2:       Regulation 1.03 also provides that member of the family unit has the meaning set out in regulation 1.12.

Note 3:       main business is defined in regulation 1.11.

Note 4:       For the beneficial ownership of an asset, eligible investment or ownership interest: see regulation 1.11A.

Note 5:       Complying investment is defined in regulation 5.19B.

Note 6:       Complying significant investment is defined in regulation 5.19C.

Note 7:       Complying premium investment is defined in regulation 5.19D.

888.2—Primary criteria

Note:          The primary criteria for the grant of a Subclass 888 visa include criteria set out in streams.

                   If an applicant applies for a Subclass 888 visa in the Business Innovation stream, the criteria in Subdivisions 888.21 and 888.22 are the primary criteria for the grant of the visa.

                   If an applicant applies for a Subclass 888 visa in the Investor stream, the criteria in Subdivisions 888.21 and 888.23 are the primary criteria for the grant of the visa.

                   If an applicant applies for a Subclass 888 visa in the Significant Investor stream, the criteria in Subdivisions 888.21 and 888.24 are the primary criteria for the grant of the visa.

                   If an applicant applies for a Subclass 888 visa in the Premium Investor stream, the criteria in Subdivisions 888.21 and 888.25 are the primary criteria for the grant of the visa.

                   If an applicant applies for a Subclass 888 visa in the Entrepreneur stream, the criteria in Subdivisions 888.21 and 888.26 are the primary criteria for the grant of the visa.

                   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

                   All criteria must be satisfied at the time a decision is made on the application.

888.21—Common criteria

Note:          These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 888 visa.

888.211 

                   The applicant, and the applicant’s spouse or de facto partner, do not have a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia.

888.212 

                   The nominating State or Territory government agency or the CEO of Austrade has not withdrawn the nomination.

888.213 

                   The applicant genuinely has a realistic commitment to maintain business or investment activities in Australia.

888.214 

                   The applicant, and the applicant’s spouse or de facto partner, have a satisfactory record of compliance with the laws of the Commonwealth, and of each State or Territory in which the applicant operates a business and employs employees in the business, relating to the applicant’s business.

Note:          Those laws include laws relating to taxation, superannuation and workplace relations.

888.215 

             (1)  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4020 and 4021.

             (2)  If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

             (3)  Each member of the family unit of the applicant who is an applicant for a Subclass 888 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010 and 4020.

             (4)  Each member of the family unit of the applicant who:

                     (a)  is an applicant for a Subclass 888 visa; and

                     (b)  had turned 18 at the time of application;

satisfies public interest criterion 4019.

             (5)  Each member of the family unit of the applicant who:

                     (a)  is an applicant for a Subclass 888 visa; and

                     (b)  has not turned 18;

satisfies public interest criteria 4015 and 4016.

             (6)  Each member of the family unit of the applicant who is not an applicant for a Subclass 888 visa:

                     (a)  satisfies public interest criteria 4001, 4002, 4003 and 4004; and

                     (b)  satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.

888.216 

             (1)  The applicant satisfies special return criteria 5001, 5002 and 5010.

             (2)  Each member of the family unit of the applicant who is an applicant for a Subclass 888 visa satisfies special return criteria 5001, 5002 and 5010.

888.22—Criteria for Business Innovation stream

Note:          These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 888 visa in the Business Innovation stream.

888.221 

                   The applicant has been in Australia, as the holder of one or more visas mentioned in the table in subitem 1104BA(4) of Schedule 1, for a total period of at least one year in the 2 years immediately before the application was made.

888.222 

             (1)  The applicant (the current applicant):

                     (a)  had an ownership interest in at least one actively operating main business in Australia during the 2 years immediately before the application was made; and

                     (b)  continues to have the ownership interest in the actively operating main business.

             (2)  If the current applicant acquired the ownership interest from another person who was an applicant for, or held, a Business Skills (Permanent) (Class EC) visa or a Business Skills (Residence) (Class DF) visa at the time of the acquisition, the current applicant must have held the ownership interest with that person as a joint interest for at least one year before the current applicant’s application was made.

888.223 

                   An Australian Business Number has been obtained for each business mentioned in subclause 888.222(1).

888.224 

                   Each Business Activity Statement required by the Commissioner of Taxation during the 2 years immediately before the application was made has been submitted to the Commissioner and has been included in the application.

888.225 

             (1)  If the nominating State or Territory government agency has not determined that there are exceptional circumstances:

                     (a)  the requirements in at least 2 of subclauses (2) to (4) are met; and

                     (b)  the requirement in subclause (5) is met.

             (2)  The assets owned by the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, in the main business or main businesses in Australia:

                     (a)  had a net value of at least AUD200 000 throughout the period of 12 months immediately before the application was made; and

                     (b)  continue to have a net value of at least AUD200 000; and

                     (c)  were lawfully acquired.

             (3)  In the period of 12 months immediately before the application was made:

                     (a)  the main business in Australia, or main businesses in Australia, of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together provided employment in Australia to 2 or more employees for a total number of hours that was at least the total number of hours that would have been worked by 2 full‑time employees; and

                     (b)  each employee whose employment is used to work out that total number of hours:

                              (i)  was not the applicant or a member of the family unit of the applicant during that period; and

                             (ii)  was an Australian citizen, an Australian permanent resident or the holder of a valid New Zealand passport during that period.

             (4)  The business and personal assets in Australia of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together:

                     (a)  had a net value of at least AUD600 000 in the period of 12 months ending immediately before the application was made; and

                     (b)  continue to have a net value of at least AUD600 000; and

                     (c)  were lawfully acquired.

             (5)  The main business in Australia, or main businesses in Australia, of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, had an annual turnover of at least AUD300 000 in the 12 months immediately before the application was made.

888.226 

             (1)  Subclause (2) or (3) applies.

             (2)  All of the following apply:

                     (a)  the nominating State or Territory government agency has determined that there are exceptional circumstances;

                     (b)  the requirements set out in at least 2 of subclauses 888.225(2) to (4) have been met;

                     (c)  the applicant:

                              (i)  resides in an area specified by the Minister in an instrument in writing for this subparagraph; and

                             (ii)  operates the applicant’s main business or businesses in Australia in the area.

             (3)  Both of the following apply:

                     (a)  the nominating State or Territory government agency has determined that there are exceptional circumstances;

                     (b)  the requirement set out in subclause 888.225(5) has been met.

888.23—Criteria for Investor stream

Note:          These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 888 visa in the Investor stream.

888.231 

                   The applicant has been in Australia, as the holder of a visa mentioned in the table in subitem 1104BA(5) of Schedule 1, for a total period of at least 2 years in the 4 years immediately before the application was made.

888.232 

                   The designated investment made by the applicant for the purpose of satisfying a criterion for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa has been held continuously in the name of the applicant, or in the names of the applicant and his or her spouse or de facto partner together, for:

                     (a)  if the Subclass 188 (Business Innovation and Investment (Provisional)) visa was granted on the basis of an application made before 1 July 2015—at least 3 years and 11 months; or

                     (b)  if the Subclass 188 (Business Innovation and Investment (Provisional)) visa was granted on the basis of an application made on or after 1 July 2015—at least 4 years.

888.24—Criteria for Significant Investor stream

Note:          These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 888 visa in the Significant Investor stream.

888.241 

             (1)  At the time of application:

                     (a)  the applicant has held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream for a continuous period of 4 years; or

                     (b)  the applicant has held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream and one or more Subclass 188 (Business Innovation and Investment (Provisional)) visas in the Significant Investor Extension stream for a continuous period of 4 years; or

                     (c)  the applicant:

                              (i)  has held, for a continuous period of 3 years and 11 months, a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream applied for before 1 July 2015; and

                             (ii)  has not held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor Extension stream granted on the basis of the visa mentioned in subparagraph (i).

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

          (2A)  Both of the following apply:

                     (a)  the most recent Subclass 188 visa in the Significant Investor stream held by the applicant (which may be the visa currently held by the applicant) was granted on the basis of an application made before 1 July 2015;

                     (b)  the applicant has held, for the whole of the period during which the applicant has held the visas or visa mentioned in subclause (1), a complying investment within the meaning of regulation 5.19B as in force at the time the application mentioned in paragraph (a) was made.

          (2B)  Both of the following apply:

                     (a)  the most recent Subclass 188 visa in the Significant Investor stream held by the applicant (which may be the visa currently held by the applicant) was granted on the basis of an application made on or after 1 July 2015;

                     (b)  the applicant has held, for the whole of the period during which the applicant has held the visas or visa mentioned in subclause (1), a complying significant investment within the meaning of regulation 5.19C as in force at the time the application mentioned in paragraph (a) was made.

             (3)  For any part of the investment mentioned in subclause (2A) or (2B) for the applicant that is, or was, a direct investment in an Australian proprietary company:

                     (a)  if the period of the direct investment was less than 2 years, the company was a qualifying business for the whole period; or

                     (b)  if the period of the direct investment was 2 years or more, the company was a qualifying business for at least 2 years; or

                     (c)  if the company has been unable to operate as a qualifying business, the Minister is satisfied that the applicant made a genuine attempt to operate the business as a qualifying business.

             (4)  The applicant has given the Minister:

                     (a)  if subclause (2A) applies to the applicant—a completed copy of approved form 1413 for each investment in a managed fund on which the investment mentioned in that subclause is based; or

                     (b)  if subclause (2B) applies to the applicant—evidence that the applicant holds an investment as required for that subclause.

Note:          Approved form 1413 includes a declaration that the investments made by a managed fund for the benefit of clients are limited to one or more of the purposes specified by the Minister for paragraph 5.19B(2)(c).

888.242 

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

             (2)  The applicant has been in Australia for at least the number of days worked out by adding the results of paragraphs (a) and (b):

                     (a)  40 multiplied by the number of complete years in the period in which the applicant has held a Subclass 188 visa in the Significant Investor stream; and

                     (b)  40 multiplied by the number of years (if any) (treating a part of a year as 1 year) in the period in which the applicant has held a Subclass 188 visa in the Significant Investor Extension stream.

             (3)  The applicant’s spouse or de facto partner has been in Australia on a Subclass 188 visa, granted on the basis that the applicant held a Subclass 188 visa in the Significant Investor stream or the Significant Investor Extension stream, for at least the number of days worked out by adding the results of paragraphs (a) and (b):

                     (a)  180 multiplied by the number of complete years in the period in which the applicant held a Subclass 188 visa in the Significant Investor stream; and

                     (b)  180 multiplied by the number of years (if any) (treating a part of a year as 1 year) in which the applicant held a Subclass 188 visa in the Significant Investor Extension stream.

Note:          It is not necessary for the applicant to have been in Australia for 40 days in each year in the period or the applicant’s spouse or de facto partner to have been in Australia for 180 days in each year in the period.

888.25—Criteria for Premium Investor stream

Note:          These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 888 visa in the Premium Investor stream.

888.251 

             (1)  At the time of application the applicant has held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Premium Investor stream for a continuous period of at least 12 months.

             (2)  For the whole of the period during which the applicant has held the visa mentioned in subclause (1), the applicant has held a complying premium investment (within the meaning of regulation 5.19D as in force at the time the application for that visa was made) except any part of the investment that is a philanthropic contribution.

             (3)  For any part of the complying premium investment (except any part of the investment that is a philanthropic contribution) that is, or was, a direct investment in an Australian proprietary company:

                     (a)  the company was a qualifying business for the whole period; or

                     (b)  if the company has been unable to operate as a qualifying business, the Minister is satisfied that the applicant made a genuine attempt to operate the business as a qualifying business.

             (4)  The applicant has given the Minister evidence that the investment complies with the requirements set out in regulation 5.19D as in force at the time of application.

888.26—Criteria for Entrepreneur stream

Note:          These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 888 visa in the Entrepreneur stream.

888.261 

             (1)  At the time of application the applicant:

                     (a)  holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream and has done so for a continuous period of at least 4 years; and

                     (b)  has resided in Australia for at least 2 years of the 4 years.

             (2)  The applicant has demonstrated overall a successful record of undertaking, whether alone or by participating in a business, activities of an entrepreneurial nature (disregarding activities specified in an instrument made under subregulation 5.19E(6) for the purposes of paragraph 5.19E(2)(b)):

                     (a)  in Australia; and

                     (b)  while holding a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream.

             (3)  In determining the success of the applicant’s record for the purposes of subclause (2), the Minister must have regard to the following (without limitation):

                     (a)  the number of Australian citizens and Australian permanent residents that are employed in Australia in relation to the activities;

                     (b)  the level and nature of ongoing funding of, or investment in, the activities;

                     (c)  the annual turnover of businesses related to the activities.

888.3—Secondary criteria

Note:          These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.

888.31—Criteria

888.311 

                   The applicant:

                     (a)  is a member of the family unit of a person who holds a Subclass 888 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and

                     (b)  made a combined application with that person.

888.312 

             (1)  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4020 and 4021.

             (2)  If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

             (3)  If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.

888.313 

                   The applicant satisfies special return criteria 5001, 5002 and 5010.

888.4—Circumstances applicable to grant

888.411 

                   The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.

Note:          The second instalment of visa application charge must be paid before the visa can be granted.

888.5—When visa is in effect

888.511 

                   Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.

888.6—Conditions

888.611 

                   If the applicant is outside Australia when the visa is granted:

                     (a)  first entry must be made before the date specified by the Minister; and

                     (b)  if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.

Subclass 890Business Owner

890.1—Interpretation

Note 1:       AUD, ownership interest and qualifying business are defined in regulation 1.03 and main business is defined in regulation 1.11.

Note 2:       As to beneficial ownership of an asset or ownership interest, see regulation 1.11A.

Note 3:       Regulation 1.03 provides that member of the family unit has the meaning set out in regulation 1.12.  Subregulations 1.12(2) and (5) are relevant for applicants for a Business Skills (Residence) (Class DF) visa.

Note 4:       There are no interpretation provisions specific to this Part.

890.2—Primary criteria

Note:          The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

890.21—Criteria to be satisfied at time of application

890.211 

             (1)  The applicant has had, and continues to have, an ownership interest in 1 or more actively operating main businesses in Australia for at least 2 years immediately before the application is made.

             (2)  For each business to which subclause (1) applies:

                     (a)  an Australian Business Number has been obtained; and

                     (b)  all Business Activity Statements required by the Australian Taxation Office (the ATO) for the period mentioned in subclause (1) have been submitted to the ATO and have been included in the application.

890.212 

                   The assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, in the main business or main businesses in Australia:

                     (a)  have a net value of at least AUD100 000; and

                     (b)  had a net value of at least AUD100 000 throughout the period of 12 months ending immediately before the application is made; and

                     (c)  have been lawfully acquired by the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together.

890.213 

                   In the 12 months immediately before the application is made, the applicant’s main business in Australia, or main businesses in Australia together, had an annual turnover of at least AUD300 000.

890.214 

                   In the period of 12 months ending immediately before the application is made, the main business in Australia, or main businesses in Australia, of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together:

                     (a)  provided an employee, or employees, with a total number of hours of employment at least equivalent to the total number of hours that would have been worked by 2 full‑time employees over that period of 12 months; and

                     (b)  provided those hours of employment to an employee, or employees, who:

                              (i)  were not the applicant or a member of the family unit of the applicant; and

                             (ii)  were Australian citizens, Australian permanent residents or New Zealand passport holders.

890.215 

                   The net value of the business and personal assets in Australia of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, is, and has been throughout the 12 months immediately before the application is made, at least AUD250 000.

890.216 

                   Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.

890.217 

                   The applicant has been in Australia as the holder of 1 of the visas mentioned in paragraph 1104B(3)(d) of Schedule 1 for a total of at least 1 year in the 2 years immediately before the application is made.

890.22—Criteria to be satisfied at time of decision

890.221 

                   The applicant continues to satisfy the criteria in clauses 890.211, 890.215 and 890.216.

890.222 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

890.223 

             (1)  Each member of the family unit of the applicant who is an applicant for a Subclass 890 visa is a person who:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4009, 4010 and 4020; and

                     (b)  if the person had turned 18 at the time of application—satisfies public interest criterion 4019.

             (2)  Each member of the family unit of the applicant who is not an applicant for a Subclass 890 visa satisfies public interest criteria 4001, 4002, 4003, 4004 and 4020.

             (3)  Each member of the family unit of the applicant who, at the time of the applicant’s application, was not the holder of a visa of a subclass included in Business Skills (Provisional) (Class UR) satisfies public interest criterion 4005.

             (4)  Each member of the family unit of the applicant who, at the time of the applicant’s application, was the holder of visa of a subclass included in Business Skills (Provisional) (Class UR) satisfies public interest criterion 4007.

890.224 

                   If a person:

                     (a)  is a member of the family unit of the applicant; and

                     (b)  has not turned 18; and

                     (c)  made a combined application with the applicant;

public interest criteria 4015 and 4016 are satisfied in relation to the person.

890.3—Secondary criteria

Note:          The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

890.31—Criteria to be satisfied at time of application

890.311 

                   The applicant is a member of the family unit of, and has made a combined application with, a person who satisfies the primary criteria in Subdivision 890.21.

890.32—Criteria to be satisfied at time of decision

890.321 

                   The applicant is a member of the family unit of a person who:

                     (a)  is the person with whom a combined application was made; and

                     (b)  having satisfied the primary criteria, is the holder of a Subclass 890 visa.

890.322 

             (1)  The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4009, 4010, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

             (2)  If the applicant, at the time of application, was not the holder of a visa of a subclass included in Business Skills (Provisional) (Class UR), the applicant satisfies public interest criterion 4005.

             (3)  If the applicant, at the time of application, was the holder of a visa of a subclass included in Business Skills (Provisional) (Class UR), the applicant satisfies public interest criterion 4007.

890.323 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

890.4—Circumstances applicable to grant

890.411 

             (1)  If the applicant satisfies the primary criteria, the applicant must be inside Australia, but not in immigration clearance, when the visa is granted.

             (2)  If the applicant satisfies the secondary criteria, the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.

Note:          The second instalment of the visa application charge must be paid before the visa can be granted.

890.5—When visa is in effect

890.511 

                   Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.

890.6—Conditions

890.611 

                   If the applicant is outside Australia when the visa is granted and the applicant satisfies the secondary criteria:

                     (a)  first entry must be made before a date specified by the Minister for the purpose; and

                     (b)  condition 8515 may be imposed.

Subclass 891Investor

891.1—Interpretation

891.111 

                   In this Part:

designated investment means an investment in a security specified by the Minister under regulation 5.19A for this Part.

Note 1:       AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03.

Note 2:       As to beneficial ownership of an asset or ownership interest, see regulation 1.11A.

Note 3:       Regulation 1.03 provides that member of the family unit has the meaning set out in regulation 1.12.  Subregulations 1.12(2) and (5) are relevant for applicants for a Business Skills (Residence) (Class DF) visa.

891.2—Primary criteria

Note:          The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

891.21—Criteria to be satisfied at time of application

891.211 

                   Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia.

891.212 

                   The applicant has been in Australia as the holder of a Subclass 162 (Investor (Provisional)) visa for a total of at least 2 years in the 4 years immediately before the application is made.

891.213 

                   The applicant genuinely has a realistic commitment, after the grant of a Subclass 891 visa, to continue to maintain business or investment activity in Australia.

891.22—Criteria to be satisfied at time of decision

891.221 

                   The applicant continues to satisfy the criteria in clauses 891.211 and 891.213.

891.222 

                   The designated investment made by the applicant for the purpose of satisfying a requirement for the grant of a Subclass 162 (Investor (Provisional)) visa has been held continuously in the name of the applicant, or in the names of the applicant and his or her spouse or de facto partner together, for at least 4 years.

891.223 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

891.224 

             (1)  Each member of the family unit of the applicant who is an applicant for a Subclass 891 visa is a person who:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4009, 4010 and 4020; and

                     (b)  if the person had turned 18 at the time of application—satisfies public interest criterion 4019.

             (2)  Each member of the family unit of the applicant who is not an applicant for a Subclass 891 visa satisfies public interest criteria 4001, 4002, 4003, 4004 and 4020.

             (3)  Each member of the family unit of the applicant who, at the time of the applicant’s application, was not the holder of a Subclass 162 (Investor (Provisional)) visa satisfies public interest criterion 4005.

             (4)  Each member of the family unit of the applicant who, at the time of the applicant’s application, was the holder of a Subclass 162 (Investor (Provisional)) visa satisfies public interest criterion 4007.

891.225 

                   If a person:

                     (a)  is a member of the family unit of the applicant; and

                     (b)  has not turned 18; and

                     (c)  made a combined application with the applicant;

public interest criteria 4015 and 4016 are satisfied in relation to the person.

891.3—Secondary criteria

Note:          These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

891.31—Criteria to be satisfied at time of application

891.311 

                   The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 891.21.

891.32—Criteria to be satisfied at time of decision

891.321 

                   The applicant is a member of the family unit of a person who:

                     (a)  is the person with whom a combined application was made; and

                     (b)  having satisfied the primary criteria, is the holder of a Subclass 891 visa.

891.322 

             (1)  The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4009, 4010, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

             (2)  If the applicant, at the time of application, was not the holder of a Subclass 162 (Investor (Provisional)) visa, the applicant satisfies public interest criterion 4005.

             (3)  If the applicant, at the time of application, was the holder of a Subclass 162 (Investor (Provisional)) visa, the applicant satisfies public interest criterion 4007.

891.323 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

891.4—Circumstances applicable to grant

891.411 

             (1)  If the applicant satisfies the primary criteria, the applicant must be inside Australia, but not in immigration clearance, when the visa is granted.

             (2)  If the applicant satisfies the secondary criteria, the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.

Note:          The second instalment of the visa application charge must be paid before the visa can be granted.

891.5—When visa is in effect

891.511 

                   Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.

891.6—Conditions

891.611 

                   If the applicant is outside Australia when the visa is granted and the applicant satisfies the secondary criteria:

                     (a)  first entry must be made before a date specified by the Minister for the purpose; and

                     (b)  condition 8515 may be imposed.

Subclass 892State/Territory Sponsored Business Owner

892.1—Interpretation

Note 1:       appropriate regional authority, AUD, ownership interest and qualifying business are defined in regulation 1.03 and main business is defined in regulation 1.11.

Note 2:       As to beneficial ownership of an asset or ownership interest, see regulation 1.11A.

Note 3:       Regulation 1.03 provides that member of the family unit has the meaning set out in regulation 1.12.  Subregulations 1.12(2) and (5) are relevant for applicants for a Business Skills (Residence) (Class DF) visa.

Note 4:       There are no interpretation provisions specific to this Part.

892.2——Primary criteria

Note:          The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

892.21—Criteria to be satisfied at time of application

892.211 

             (1)  The applicant has had, and continues to have, an ownership interest in 1 or more actively operating main businesses in Australia for at least 2 years immediately before the application is made.

             (2)  For each business to which subclause (1) applies:

                     (a)  an Australian Business Number has been obtained; and

                     (b)  all Business Activity Statements required by the Australian Taxation Office (the ATO) for the period mentioned in subclause (1) have been submitted to the ATO and have been included in the application.

892.212 

                   Unless the appropriate regional authority has determined that there are exceptional circumstances, the applicant meets at least 2 of the following requirements:

                     (a)  in the period of 12 months ending immediately before the application is made, the main business in Australia, or main businesses in Australia, of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together:

                              (i)  provided an employee, or employees, with a total number of hours of employment at least equivalent to the total number of hours that would have been worked by 1 full‑time employee over that period of 12 months; and

                             (ii)  provided those hours of employment to an employee, or employees, who:

                                        (A)  were not the applicant or a member of the family unit of the applicant; and

                                        (B)  were Australian citizens, Australian permanent residents or New Zealand passport holders;

                     (b)  the business and personal assets in Australia of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together:

                              (i)  have a net value of at least AUD250 000; and

                             (ii)  had a net value of at least AUD250 000 throughout the period of 12 months ending immediately before the application is made; and

                            (iii)  have been lawfully acquired by the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together;

                     (c)  the assets owned by the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, in the main business or main businesses in Australia:

                              (i)  have a net value of at least AUD75 000; and

                             (ii)  had a net value of at least AUD75 000 throughout the period of 12 months ending immediately before the application is made; and

                            (iii)  have been lawfully acquired by the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together.

892.213 

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

             (2)  An applicant meets the requirements of this subclause if, in the 12 months immediately before the application is made, the applicant’s main business in Australia, or main businesses in Australia together, had an annual turnover of at least AUD200 000.

             (3)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant meets at least 2 of the requirements set out in paragraphs 892.212(a), (b) and (c); and

                     (b)  the applicant resides in, and operates the applicant’s main business or businesses in Australia in, an area specified in an instrument in writing made by the Minister for this paragraph; and

                     (c)  the appropriate regional authority has determined that there are exceptional circumstances for this subclause.

892.214 

                   Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.

892.215 

                   If the applicant is not the holder of a Skilled—Independent Regional (Provisional) (Class UX) visa, one or more of the following circumstances has existed for a total of at least 1 year in the period of 2 years ending immediately before the application is made:

                     (a)  the applicant has been in Australia as the holder of one of the visas mentioned in paragraph 1104B(3)(f) of Schedule 1;

                     (b)  the applicant has been in Australia as the holder of a Bridging A (Class WA) visa granted on the basis of a valid application for a Temporary Business Entry (Class UC) visa, and a Subclass 457 visa was subsequently granted on the basis of the applicant, or the spouse or de facto partner of the applicant, or former spouse or former de facto partner of the applicant, satisfying subclause 457.223(7A) of Schedule 2;

                     (c)  the applicant has been in Australia as the holder of a Bridging B (Class WB) visa granted on the basis of a valid application for a Temporary Business Entry (Class UC) visa, and a Subclass 457 visa was subsequently granted on the basis of the applicant, or the spouse or de facto partner of the applicant, or former spouse or former de facto partner of the applicant, satisfying subclause 457.223(7A) of Schedule 2.

892.216 

                   If:

                     (a)  the applicant is the holder of a Skilled—Independent Regional (Provisional) (Class UX) visa; or

                     (b)  the last substantive visa held by the applicant since last entering Australia was a Skilled—Independent Regional (Provisional) (Class UX) visa;

the applicant must have lived for at least 2 years in total, as the holder of 1 or more:

                     (c)  Skilled—Independent Regional (Provisional) (Class UX) visas; and

                     (d)  Bridging A (Class WA) visas, or Bridging B (Class WB) visas, granted because the applicant made a valid application for a Skilled—Independent Regional (Provisional) (Class UX) visa;

in a part of Australia that, at the time when a visa mentioned in paragraph (c) or a bridging visa mentioned in paragraph (d) was granted, was specified in an instrument in writing for item 6A1001 of Schedule 6A.

892.216A 

                   If:

                     (a)  the applicant is the holder of a Skilled—Independent Regional (Provisional) (Class UX) visa; or

                     (b)  the last substantive visa held by the applicant since last entering Australia was a Skilled—Independent Regional (Provisional) (Class UX) visa;

the applicant must have worked full time for at least 12 months in total, as the holder of 1 or more:

                     (c)  Skilled—Independent Regional (Provisional) (Class UX) visas; and

                     (d)  Bridging A (Class WA) visas, or Bridging B (Class WB) visas, granted because the applicant made a valid application for a Skilled—Independent Regional (Provisional) (Class UX) visa;

in a part of Australia that, at the time when a visa mentioned in paragraph (c) or a bridging visa mentioned in paragraph (d) was granted, was specified in an instrument in writing for item 6A1001 of Schedule 6A.

892.217 

                   If:

                     (a)  the applicant is the holder of a Skilled—Independent Regional (Provisional) (Class UX) visa; or

                     (b)  the last substantive visa held by the applicant since last entering Australia was a Skilled—Independent Regional (Provisional) (Class UX) visa;

the applicant has complied with the conditions of that visa.

892.22—Criteria to be satisfied at time of decision

892.221  

                   The applicant:

                     (a)  continues to satisfy the criteria in clauses 892.211 and 892.214; and

                     (b)  if the applicant met the requirements of paragraph 892.212(b), continues to meet those requirements.

892.222 

             (1)  The applicant is sponsored by an appropriate regional authority.

             (2)  Form 949 is signed by an officer of the authority who is authorised to sign a sponsorship of that kind.

892.223 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

892.224 

             (1)  Each member of the family unit of the applicant who is an applicant for a Subclass 892 visa is a person who:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4009, 4010 and 4020; and

                     (b)  if the person had turned 18 at the time of application—satisfies public interest criterion 4019.

             (2)  Each member of the family unit of the applicant who is not an applicant for a Subclass 892 visa satisfies public interest criteria 4001, 4002, 4003, 4004 and 4020.

             (3)  Each member of the family unit of the applicant who, at the time of the applicant’s application, was not the holder of either:

                     (a)  a visa of a subclass included in Business Skills (Provisional) (Class UR); or

                     (b)  a Subclass 457 (Business (Long Stay)) visa; or

                     (c)  a Skilled—Independent Regional (Provisional) (Class UX) visa;

satisfies public interest criterion 4005.

             (4)  Each member of the family unit of the applicant who, at the time of the applicant’s application, was the holder of:

                     (a)  a visa of a subclass included in Business Skills (Provisional) (Class UR); or

                     (b)  a Subclass 457 (Business (Long Stay)) visa; or

                     (c)  a Skilled—Independent Regional (Provisional) (Class UX) visa;

satisfies public interest criterion 4007.

892.225 

                   If a person:

                     (a)  is a member of the family unit of the applicant; and

                     (b)  has not turned 18; and

                     (c)  made a combined application with the applicant;

public interest criteria 4015 and 4016 are satisfied in relation to the person.

892.3—Secondary criteria

Note:          The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

892.31—Criteria to be satisfied at time of application

892.311 

                   The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 892.21.

892.312 

                   If:

                     (a)  the applicant is the holder of a Skilled—Independent Regional (Provisional) (Class UX) visa; or

                     (b)  the last substantive visa held by the applicant since last entering Australia was a Skilled—Independent Regional (Provisional) (Class UX) visa;

the applicant has complied with the conditions of that visa.

892.32—Criteria to be satisfied at time of decision

892.321 

                   The applicant is a member of the family unit of a person who:

                     (a)  is the person with whom a combined application was made; and

                     (b)  having satisfied the primary criteria, is the holder of a Subclass 892 visa.

892.322 

             (1)  The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4009, 4010, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

             (2)  If the applicant, at the time of application, was not the holder of either:

                     (a)  a visa of a subclass included in Business Skills (Provisional) (Class UR); or

                     (b)  a Subclass 457 (Business (Long Stay)) visa; or

                     (c)  a Skilled—Independent Regional (Provisional) (Class UX) visa;

the applicant satisfies public interest criterion 4005.

             (3)  If the applicant, at the time of application, was the holder of:

                     (a)  a visa of a subclass included in Business Skills (Provisional) (Class UR); or

                     (b)  a Subclass 457 (Business (Long Stay)) visa; or

                     (c)  a Skilled—Independent Regional (Provisional) (Class UX) visa;

the applicant satisfies public interest criterion 4007.

892.323 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

892.4—Circumstances applicable to grant

892.411 

                   If the applicant:

                     (a)  was the holder of a Skilled—Independent Regional (Provisional) (Class UX) visa at the time of application; or

                     (b)  is a member of the family unit of a person who was the holder of a Skilled—Independent Regional (Provisional) (Class UX) visa by reason of satisfying the primary criteria for the grant of the visa at the time of application;

the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.

892.412 

                   If clause 892.411 does not apply:

                     (a)  if the applicant satisfies the primary criteria, the applicant must be inside Australia, but not in immigration clearance, when the visa is granted; and

                     (b)  if the applicant satisfies the secondary criteria, the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.

Note:          The second instalment of the visa application charge must be paid before the visa can be granted.

892.5—When visa is in effect

892.511 

                   Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.

892.6—Conditions

892.611 

                   If the applicant is outside Australia when the visa is granted and the applicant satisfies the secondary criteria:

                     (a)  first entry must be made before a date specified by the Minister for the purpose; and

                     (b)  condition 8515 may be imposed.

Subclass 893State/Territory Sponsored Investor

893.1—Interpretation

893.111 

                   In this Part:

designated investment means an investment in a security specified by the Minister under regulation 5.19A for the purposes of this Part.

Note 1:       appropriate regional authority, AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03.

Note 2:       As to beneficial ownership of an asset or ownership interest, see regulation 1.11A.

Note 3:       Regulation 1.03 provides that member of the family unit has the meaning set out in regulation 1.12.  Subregulations 1.12(2) and (5) are relevant for applicants for a Business Skills (Residence) (Class DF) visa.

893.2—Primary criteria

Note:          The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

893.21—Criteria to be satisfied at time of application

893.211 

                   Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia.

893.212 

                   The applicant has been resident, as the holder of a Subclass 165 (State/Territory Sponsored Investor (Provisional)) visa, in the State or Territory in which the appropriate regional authority that sponsors the applicant is located for a total of at least 2 years in the 4 years immediately before the application is made.

893.213 

                   The applicant genuinely has a realistic commitment, after the grant of a Subclass 893 visa, to continue to maintain business or investment activity in Australia.

893.22—Criteria to be satisfied at time of decision

893.221 

                   The applicant continues to satisfy the criteria in clauses 893.211 and 893.213.

893.222 

             (1)  The applicant is sponsored by an appropriate regional authority.

             (2)  Form 949 is signed by an officer of the authority who is authorised to sign a sponsorship of that kind.

893.223 

                   The designated investment made by the applicant for the purpose of satisfying a requirement for the grant of a Subclass 165 (State/Territory Sponsored Investor (Provisional)) visa has been held continuously in the name of the applicant, or in the names of the applicant and his or her spouse or de facto partner together, for at least 4 years.

893.224 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

893.225 

             (1)  Each member of the family unit of the applicant who is an applicant for a Subclass 893 visa is a person who:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4009, 4010 and 4020; and

                     (b)  if the person had turned 18 at the time of application—satisfies public interest criterion 4019.

             (2)  Each member of the family unit of the applicant who is not an applicant for a Subclass 893 visa satisfies public interest criteria 4001, 4002, 4003, 4004 and 4020.

             (3)  Each member of the family unit of the applicant who, at the time of the applicant’s application, was not the holder of a Subclass 165 (State/Territory Sponsored Investor (Provisional)) visa satisfies public interest criterion 4005.

             (4)  Each member of the family unit of the applicant who, at the time of the applicant’s application, was the holder of a Subclass 165 (State/Territory Sponsored Investor (Provisional)) visa satisfies public interest criterion 4007.

893.226 

                   If a person:

                     (a)  is a member of the family unit of the applicant; and

                     (b)  has not turned 18; and

                     (c)  made a combined application with the applicant;

public interest criteria 4015 and 4016 are satisfied in relation to the person.

893.3—Secondary criteria

Note:          These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

893.31—Criteria to be satisfied at time of application

893.311 

                   The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 893.21.

893.32—Criteria to be satisfied at time of decision

893.321 

                   The applicant is a member of the family unit of a person who:

                     (a)  is the person with whom a combined application was made; and

                     (b)  having satisfied the primary criteria, is the holder of a Subclass 893 visa.

893.322 

             (1)  The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4009, 4010, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

             (2)  If the applicant, at the time of application, was not the holder of a Subclass 165 (State/Territory Sponsored Investor (Provisional)) visa, the applicant satisfies public interest criterion 4005.

             (3)  If the applicant, at the time of application, was the holder of a Subclass 165 (State/Territory Sponsored Investor (Provisional)) visa, the applicant satisfies public interest criterion 4007.

893.323 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

893.4—Circumstances applicable to grant

893.411 

             (1)  If the applicant satisfies the primary criteria, the applicant must be inside Australia, but not in immigration clearance, when the visa is granted.

             (2)  If the applicant satisfies the secondary criteria, the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.

Note:          The second instalment of the visa application charge must be paid before the visa can be granted.

893.5—When visa is in effect

893.511 

                   Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.

893.6—Conditions

893.611 

                   If the applicant is outside Australia when the visa is granted and the applicant satisfies the secondary criteria:

                     (a)  first entry must be made before a date specified by the Minister for the purpose; and

                     (b)  condition 8515 may be imposed.

Subclass 988Maritime Crew

Note:          This Subclass is created in accordance with section 38B of the Act.

988.1—Interpretation

Note 1:       Member of the crew and non‑military ship are defined in regulation 1.03.

Note 2:       For this Part, a person will sign on to a ship in Australia after:

(a)    travelling to Australia on another visa in order to join a ship as a member of the crew; or

(b)    joining the ship in Australia after signing off another ship in Australia; or

(c)    joining another ship after the ship on which the person travelled to Australia is imported under section 49A or 71A of the Customs Act 1901.

988.2—Primary criteria

Note:          A member of the family unit of a member of the crew of a non‑military ship, or of a prospective member of the crew of a non‑military ship, need satisfy only the secondary criteria.

988.21—Criteria to be satisfied at time of application

988.211 

                   The applicant is:

                     (a)  a member of the crew of a non‑military ship; or

                     (b)  a person:

                              (i)  who has received an offer from the master, owner, agent, charterer or operator of a non‑military ship to become a member of the crew of the ship; and

                             (ii)  in relation to whom the offer is current; and

                            (iii)  who would be a member of the crew of the non‑military ship if the person signs on to the ship.

988.22—Criteria to be satisfied at time of decision

988.221 

                   The applicant is:

                     (a)  a member of the crew of a non‑military ship; or

                     (b)  a person:

                              (i)  who has received an offer from the master, owner, agent, charterer or operator of a non‑military ship to become a member of the crew of the ship; and

                             (ii)  in relation to whom the offer is current; and

                            (iii)  who would be a member of the crew of the non‑military ship if the person signs on to the ship.

988.222 

                   The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4013, 4014, 4020 and 4021.

988.223 

                   The applicant satisfies special return criteria 5001 and 5002.

988.224 

                   The Minister is satisfied that the applicant’s expressed intention to enter and remain in Australia for the purpose of being a member of the crew of a non‑military ship is genuine.

988.3—Secondary criteria

Note:          These criteria must be satisfied by a member of the family unit of a member of the crew of a non‑military ship, or of a prospective member of the crew of a non‑military ship.

988.31—[No criteria to be satisfied at time of application]

988.32—Criteria to be satisfied at time of decision

988.321 

                   The applicant is a member of the family unit of a person who is the holder of a Subclass 988 visa on the basis of having satisfied the primary criteria for the grant of the visa.

988.322 

                   The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4013, 4014, 4020 and 4021.

988.323 

                   The applicant satisfies special return criteria 5001 and 5002.

988.4—Circumstances applicable to grant

988.411 

                   The applicant may be in or outside Australia when the visa is granted.

988.5—When visa is in effect

988.511 

                   Temporary visa coming into effect on grant.

988.512 

                   The visa ceases to be in effect:

                     (a)  on the occurrence of the earliest of the circumstances mentioned in an item in the following table; and

                     (b)  at the time mentioned in the item:

 

Item

Circumstances

Time at which the visa ceases to have effect

1

Both of the following apply:

(a) the holder has entered Australia otherwise than as:

(i) a member of the crew serving on a non‑military ship; or

The end of the day or period worked out under paragraph (b) in column 2

 

(ii) a member of the family unit of a member of the crew serving on a non‑military ship;

(b) the holder has not signed on to a non‑military ship as a member of the crew, or as a member of the family unit of a member of the crew, before the latest of:

(i) 5 days after the day on which the holder last entered Australia; and

(ii) if the holder last entered Australia for health or safety reasons that required the holder to enter Australia—30 days after the day on which the holder last entered Australia; and

(iii) if the holder holds another visa that is in effect—the day on which that other visa ceases

 

2

Each of the following applies:

(a) the holder has entered Australia;

(b) the non‑military ship in relation to which the holder is:

(i) a member of the crew; or

(ii) a member of the family unit of a member of the crew;

      has been imported under section 49A of the Customs Act 1901 or entered for home consumption under section 71A of that Act but is not registered in the Australian International Shipping Register;

(c) the holder has not signed on to another non‑military ship as a member of the crew, or as a member of the family unit of a member of the crew before the end of the longer of the following periods that applies to the person:

The end of the day or the longest period worked out under paragraph (c) or (d) in column 2

 

(i) 5 days after the day on which the non‑military ship was imported or entered for home consumption;

(ii) if an authorised officer decides, within those 5 days, to allow the person a longer period of up to 30 days after the day on which the non‑military ship was imported or entered for home consumption—that longer period

 

 

(d) the person has not departed Australia before the end of the longest of the following periods that applies to the person:

(i) 5 days after the day on which the non‑military ship was imported or entered for home consumption;

(ii) if an authorised officer decides, within those 5 days, to allow the person a longer period of up to 30 days after the day on which the non‑military ship was imported or entered for home consumption—that longer period;

 

 

(iii) if the holder holds another visa that is in effect—the day on which that other visa ceases

 

2A

Each of the following applies:

(a) the holder has entered Australia;

(b) the non‑military ship in relation to which the holder is:

(i) a member of the crew; or

(ii) a member of the family unit of a member of the crew;

      has been imported under section 49A of the Customs Act 1901 or entered for home consumption under section 71A of that Act;

(c) the non‑military ship was registered in the Australian International Shipping Register when the ship was imported or entered for home consumption;

(d) the non‑military ship ceases to be registered in that Register;

The end of the day or the longest period worked out under paragraph (e) or (f) in column 2

 

(e) the holder has not signed on to another non‑military ship as a member of the crew, or as a member of the family unit of a member of the crew, before the end of the longer of the following periods that applies to the person:

(i) 5 days after the day on which the non‑military ship ceases to be registered in the Australian International Shipping Register;

(ii) if an authorised officer decides, within those 5 days, to allow the person a longer period of up to 30 days after the day on which the non‑military ship ceases to be registered in that Register—that longer period;

 

 

(f) the person has not departed Australia before the end of the longest of the following periods that applies to the person:

(i) 5 days after the day on which the non‑military ship ceases to be registered in the Australian International Shipping Register;

 

 

(ii) if an authorised officer decides, within those 5 days, to allow the person a longer period of up to 30 days after the day on which the non‑military ship ceases to be registered in that Register—that longer period;

(iii) if the holder holds another visa that is in effect—the day on which that other visa ceases

 

3

Each of the following applies:

(a) the holder has entered Australia;

(b) the holder has signed off a non‑military ship as:

(i) a member of the crew of the non‑military ship; or

(ii) a member of the family unit of a member of the crew of a non‑military ship;

The end of the day or the longest period worked out under paragraph (c) or (d) in column 2

 

(c) the holder has not signed on to another non‑military ship as a member of the crew or a member of the family unit of a member of the crew before the end of the longer of the following periods that applies to the person:

(i) 5 days after the day on which the holder signed off the last ship;

(ii) if an authorised officer decides, within those 5 days, to allow the person a longer period of up to 30 days after the day on which the holder last entered Australia—that longer period;

 

 

(d) the holder has not departed Australia before the end of the longest of the following periods that applies to the person:

(i) 5 days after the day on which the holder signed off the last ship;

 

 

(ii) if an authorised officer decides, within those 5 days, to allow the person a longer period of up to 30 days after the day on which the holder last entered Australia—that longer period;

(iii) if the holder holds another visa that is in effect—the day on which that other visa ceases

 

4

The end of a continuous period of 3 years starting when the visa is granted

At the end of the period of 3 years

5

Both of the following apply:

(a) the holder is a person who satisfied the secondary criteria for the grant of the visa;

(b) the maritime crew visa granted to the person who satisfied the primary criteria for the grant of the visa ceases to be in effect

The end of the day on which the maritime crew visa granted to the holder who satisfied the primary criteria ceases to be in effect

6

Both of the following apply:

(a) the holder also holds another visa;

(b) the other visa is cancelled otherwise than under section 501, 501A or 501B of the Act

At the end of the day on which the other visa is cancelled

988.6—Conditions

988.611 

                   For an applicant who satisfies the primary criteria, condition 8113.

988.612 

                   For an applicant who satisfies the secondary criteria, condition 8101.

Subclass 995Diplomatic (Temporary)

995.1—Interpretation

995.111 

                   In this Part:

international representative means a representative of an international organisation.

995.2—Primary criteria

Note:          The primary criteria must be satisfied by at least 1 person. Other accompanying applicants for a visa of this subclass need satisfy only the secondary criteria.

995.21—[No criteria to be satisfied at time of application]

995.22—Criteria to be satisfied at time of decision.

995.221 

                   The Foreign Minister has recommended in writing to the Minister that the visa be granted to the applicant on the basis of the applicant being:

                     (a)  a diplomatic or consular representative; or

                     (b)  an international representative.

995.222 

                   The applicant satisfies public interest criterion 4021.

995.3—Secondary criteria

995.31—[No criteria to be satisfied at time of application]

995.32—Criteria to be satisfied at time of decision

995.321 

                   The Foreign Minister has recommended in writing to the Minister that the visa be granted to the applicant to accompany a person (the primary applicant) who seeks to satisfy the primary criteria.

995.322 

                   The primary applicant has satisfied the criteria for the grant of a visa as a primary applicant.

995.323 

                   The applicant satisfies public interest criterion 4021.

995.4—Circumstances applicable to grant

995.411 

                   Applicant may be in the migration zone or outside Australia.

995.5—When visa is in effect

995.511 

                   Temporary visa permitting the holder:

                     (a)  to travel to and enter Australia until a date specified by the Minister for the purpose; and

                     (b)  to remain in Australia:

                              (i)  if the visa was issued on the basis of the holder satisfying the primary criteria for the grant of the visa—for the duration of the holder’s status as:

                                        (A)  a diplomatic or consular representative in Australia of a country other than Australia; or

                                        (B)  an international representative; or

                             (ii)  if the visa was issued on the basis of the holder satisfying the secondary criteria for the grant of the visa—for the duration of the status of the person who satisfied the primary criteria as:

                                        (A)  a diplomatic or consular representative in Australia of a country other than Australia; or

                                        (B)  an international representative; or

                            (iii)  in any case—until an earlier date specified by the Minister.

995.6—Conditions

995.611 

                   If the applicant satisfies the primary criteria, condition 8516.

995.612 

                   If the applicant satisfies the secondary criteria, conditions 8502 and 8516.


Schedule 3Additional criteria applicable to unlawful non‑citizens and certain bridging visa holders

(regulation 1.03)

  

3001     (1)  The application is validly made within 28 days after the relevant day (within the meaning of subclause (2)).

             (2)  For the purposes of subclause (1) and of clause 3002, the relevant day, in relation to an applicant, is:

                     (a)  if the applicant held an entry permit that was valid up to and including 31 August 1994 but has not subsequently been the holder of a substantive visa—1 September 1994; or

                     (b)  if the applicant became an illegal entrant before 1 September 1994 (whether or not clause 6002 in Schedule 6 of the Migration (1993) Regulations applied or section 195 of the Act applies) and has not, at any time on or after 1 September 1994, been the holder of a substantive visa—the day when the applicant last became an illegal entrant; or

                     (c)  if the applicant:

                              (i)  ceased to hold a substantive or criminal justice visa on or after 1 September 1994; or

                             (ii)  entered Australia unlawfully on or after 1 September 1994;

                            whichever is the later of:

                            (iii)  the last day when the applicant held a substantive or criminal justice visa; or

                            (iv)  the day when the applicant last entered Australia unlawfully; or

                     (d)  if the last substantive visa held by the applicant was cancelled, and the Tribunal has made a decision to set aside and substitute the cancellation decision or the Minister’s decision not to revoke the cancellation—the later of:

                              (i)  the day when that last substantive visa ceased to be in effect; and

                             (ii)  the day when the applicant is taken, under sections 368C, 368D and 379C of the Act, to have been notified of the Tribunal’s decision.

3002           The application is validly made within 12 months after the relevant day (within the meaning of subclause 3001(2)).

3003           If:

                     (a)  the applicant has not, on or after 1 September 1994, been the holder of a substantive visa; and

                     (b)  on 31 August 1994, the applicant was either:

                              (i)  an illegal entrant; or

                             (ii)  the holder of an entry permit that was not valid beyond 31 August 1994;

the Minister is satisfied that:

                     (c)  the applicant last became an illegal entrant, or, in the case of a person referred to in subparagraph (b)(ii), last became a person in Australia without a substantive visa, because of factors beyond the applicant’s control; and

                     (d)  there are compelling reasons for granting the visa; and

                     (e)  the applicant has complied substantially with the conditions that apply or applied to:

                              (i)  the last of any entry permits held by the applicant (other than a condition of which the applicant was in breach solely because of the expiry of the entry permit); and

                             (ii)  any subsequent bridging visa; and

                      (f)  the applicant would have been entitled to be granted an entry permit equivalent to a visa of the class applied for if the applicant had applied for the entry permit immediately before last becoming an illegal entrant or, in the case of a person referred to in subparagraph (b)(ii), if the applicant had applied for the entry permit on 31 August 1994; and

                     (g)  the applicant intends to comply with any conditions subject to which the visa is granted; and

                     (h)  the last entry permit (if any) held by the applicant was not granted subject to a condition that the holder would not, after entering Australia, be entitled to be granted an entry permit, or a further entry permit, while the holder remained in Australia.

3004           If the applicant:

                     (a)  ceased to hold a substantive or criminal justice visa on or after 1 September 1994; or

                     (b)  entered Australia unlawfully on or after 1 September 1994 and has not subsequently been granted a substantive visa;

the Minister is satisfied that:

                     (c)  the applicant is not the holder of a substantive visa because of factors beyond the applicant’s control; and

                     (d)  there are compelling reasons for granting the visa; and

                     (e)  the applicant has complied substantially with:

                              (i)  the conditions that apply or applied to:

                                        (A)  the last of any entry permits held by the applicant (other than a condition of which the applicant was in breach solely because of the expiry of the entry permit); and

                                        (B)  any subsequent bridging visa; or

                             (ii)  the conditions that apply or applied to:

                                        (A)  the last of any substantive visas held by the applicant (other than a condition of which the applicant was in breach solely because the visa ceased to be in effect); and

                                        (B)  any subsequent bridging visa; and

                      (f)  either:

                              (i)  in the case of an applicant referred to in paragraph (a)—the applicant would have been entitled to be granted a visa of the class applied for if the applicant had applied for the visa on the day when the applicant last held a substantive or criminal justice visa; or

                             (ii)  in the case of an applicant referred to in paragraph (b)—the applicant would have satisfied the criteria (other than any Schedule 3 criteria) for the grant of a visa of the class applied for on the day when the applicant last entered Australia unlawfully; and

                     (g)  the applicant intends to comply with any conditions subject to which the visa is granted; and

                     (h)  if the last visa (if any) held by the applicant was a transitional (temporary) visa, that visa was not subject to a condition that the holder would not, after entering Australia, be entitled to be granted an entry permit, or a further entry permit, while the holder remained in Australia.

3005           A visa or entry permit has not previously been granted to the applicant on the basis of the satisfaction of any of the criteria set out in:

                     (a)  this Schedule; or

                     (b)  Schedule 6 of the Migration (1993) Regulations; or

                     (c)  regulation 35AA or subregulation 42(1A) or (1C) of the Migration (1989) Regulations.

Note:          Section 10 of the Act provides that a child who was born in the migration zone and was a non‑citizen when he or she was born shall be taken to have entered Australia when he or she was born.

Schedule 4Public interest criteria and related provisions

(regulation 1.03)

Part 1Public interest criteria

4001           Either:

                     (a)  the person satisfies the Minister that the person passes the character test; or

                     (b)  the Minister is satisfied, after appropriate inquiries, that there is nothing to indicate that the person would fail to satisfy the Minister that the person passes the character test; or

                     (c)  the Minister has decided not to refuse to grant a visa to the person despite reasonably suspecting that the person does not pass the character test; or

                     (d)  the Minister has decided not to refuse to grant a visa to the person despite not being satisfied that the person passes the character test.

4002           The applicant is not assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security, within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979.

4003           The applicant:

                     (a)  is not determined by the Foreign Minister, or a person authorised by the Foreign Minister, to be a person whose presence in Australia is, or would be, contrary to Australia’s foreign policy interests; and

                     (b)  is not determined by the Foreign Minister, or a person authorised by the Foreign Minister, to be a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction; and

                     (c)  either:

                              (i)  is not declared under paragraph 6(1)(b) or (2)(b) of the Autonomous Sanctions Regulations 2011 for the purpose of preventing the person from travelling to, entering or remaining in Australia; or

                             (ii)  if the applicant is declared—is a person for whom the Foreign Minister has waived the operation of the declaration in accordance with regulation 19 of the Autonomous Sanctions Regulations 2011.

4003A        The applicant is not determined by the Foreign Minister, or a person authorised by the Foreign Minister, to be a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction.

4004           The applicant does not have outstanding debts to the Commonwealth unless the Minister is satisfied that appropriate arrangements have been made for payment.

4005     (1)  The applicant:

                    (aa)  if the applicant is in a class of persons specified by the Minister in an instrument in writing for this paragraph:

                              (i)  must undertake any medical assessment specified in the instrument; and

                             (ii)  must be assessed by the person specified in the instrument;

                            unless a Medical Officer of the Commonwealth decides otherwise; and

                   (ab)  must comply with any request by a Medical Officer of the Commonwealth to undertake a medical assessment; and

                     (a)  is free from tuberculosis; and

                     (b)  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

                     (c)  is free from a disease or condition in relation to which:

                              (i)  a person who has it would be likely to:

                                        (A)  require health care or community services; or

                                        (B)  meet the medical criteria for the provision of a community service;

                                   during the period described in subclause (2); and

                             (ii)  the provision of the health care or community services would be likely to:

                                        (A)  result in a significant cost to the Australian community in the areas of health care and community services; or

                                        (B)  prejudice the access of an Australian citizen or permanent resident to health care or community services;

                                   regardless of whether the health care or community services will actually be used in connection with the applicant; and

                     (d)  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—has provided the undertaking.

             (2)  For subparagraph (1)(c)(i), the period is:

                     (a)  for an application for a permanent visa—the period commencing when the application is made; or

                     (b)  for an application for a temporary visa:

                              (i)  the period for which the Minister intends to grant the visa; or

                             (ii)  if the visa is of a subclass specified by the Minister in an instrument in writing for this subparagraph—the period commencing when the application is made.

             (3)  If:

                     (a)  the applicant applies for a temporary visa; and

                     (b)  the subclass being applied for is not specified by the Minister in an instrument in writing made for subparagraph (2)(b)(ii);

the reference in sub‑subparagraph (1)(c)(ii)(A) to health care and community services does not include the health care and community services specified by the Minister in an instrument in writing made for this subclause.

4007     (1)  The applicant:

                    (aa)  if the applicant is in a class of persons specified by the Minister in an instrument in writing for this paragraph:

                              (i)  must undertake any medical assessment specified in the instrument; and

                             (ii)  must be assessed by the person specified in the instrument;

                            unless a Medical Officer of the Commonwealth decides otherwise; and

                   (ab)  must comply with any request by a Medical Officer of the Commonwealth to undertake a medical assessment; and

                     (a)  is free from tuberculosis; and

                     (b)  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

                     (c)  subject to subclause (2)—is free from a disease or condition in relation to which:

                              (i)  a person who has it would be likely to:

                                        (A)  require health care or community services; or

                                        (B)  meet the medical criteria for the provision of a community service;

                                   during the period described in subclause (1A); and

                             (ii)  the provision of the health care or community services would be likely to:

                                        (A)  result in a significant cost to the Australian community in the areas of health care and community services; or

                                        (B)  prejudice the access of an Australian citizen or permanent resident to health care or community services;

                                   regardless of whether the health care or community services will actually be used in connection with the applicant; and

                     (d)  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—has provided the undertaking.

          (1A)  For subparagraph (1)(c)(i), the period is:

                     (a)  for an application for a permanent visa—the period commencing when the application is made; or

                     (b)  for an application for a temporary visa:

                              (i)  the period for which the Minister intends to grant the visa; or

                             (ii)  if the visa is of a subclass specified by the Minister in an instrument in writing for this subparagraph—the period commencing when the application is made.

          (1B)  If:

                     (a)  the applicant applies for a temporary visa; and

                     (b)  the subclass being applied for is not specified by the Minister in an instrument in writing made for subparagraph (1A)(b)(ii);

the reference in sub‑subparagraph (1)(c)(ii)(A) to health care and community services does not include the health care and community services specified by the Minister in an instrument in writing made for this subclause.

             (2)  The Minister may waive the requirements of paragraph (1)(c) if:

                     (a)  the applicant satisfies all other criteria for the grant of the visa applied for; and

                     (b)  the Minister is satisfied that the granting of the visa would be unlikely to result in:

                              (i)  undue cost to the Australian community; or

                             (ii)  undue prejudice to the access to health care or community services of an Australian citizen or permanent resident.

4009           The applicant:

                     (a)  intends to live permanently in Australia; and

                     (b)  if the applicant seeks entry to Australia as a member of a family unit, also satisfies the Minister that the applicant could obtain support in Australia from other members of the family unit.

4010           If the applicant seeks to remain in Australia permanently, or temporarily for longer than 12 months, the applicant is likely to become established in Australia without undue personal difficulty and without imposing undue difficulties or costs on the Australian community.

4011     (1)  If the applicant is affected by the risk factor specified in subclause (2), the applicant satisfies the Minister that, having regard to the applicant’s circumstances in the applicant’s country of usual residence, there is very little likelihood that the applicant will remain after the expiry of any period during which the applicant might be authorised to remain after entry.

             (2)  An applicant is affected by the risk factor referred to in subclause (1) if:

                     (a)  during the period of 5 years immediately preceding the application, the applicant has applied for a visa for the purpose of permanent residence in Australia; or

                     (b)  the applicant has all the characteristics of a class of persons specified in a legislative instrument made by the Minister for the purposes of this paragraph.

          (2A)  In specifying a class of persons for the purposes of paragraph (2)(b), the Minister must have regard to statistics prepared by the Secretary:

                     (a)  from movement records kept by Immigration about persons who have remained in Australia after expiry of the period during which each person was authorised to remain in Australia under the visa with which he or she last entered Australia; and

                     (b)  having regard to one or more of the characteristics mentioned in subclause (3).

             (3)  For the purposes of paragraph (2)(b), a characteristic is any of the following:

                     (a)  nationality;

                     (b)  marital or relationship status;

                     (c)  age;

                     (d)  sex;

                     (e)  occupation;

                      (f)  the class of visa currently applied for;

                     (g)  the place of lodgment or posting of the application for that visa.

4012           In the case of an applicant:

                     (a)  who has not turned 18; and

                     (b)  whose intended stay in Australia will not be in the company of either or both of his or her parents or guardians; and

                     (c)  whose application expresses an intention to visit, or stay with, a person in Australia who is not a relative of the applicant; and

                     (d)  who is not a member of an organised tour and for whom no adequate maintenance and support arrangements have been made for the total period of stay in Australia;

an undertaking to provide accommodation for, and to be responsible for the support and general welfare of, the applicant during the applicant’s stay in Australia is given to the Minister by a person who, in the reasonable belief of the Minister, is of good character.

4012A        In the case of an applicant who has not turned 18:

                     (a)  the application expresses a genuine intention to reside in Australia with a person who:

                              (i)  is a parent of the applicant or a person who has custody of the applicant; or

                             (ii)  is:

                                        (A)  a relative of the applicant; and

                                        (B)  nominated by a parent of the applicant or a person who has custody of the applicant; and

                                        (C)  aged at least 21; and

                                        (D)  of good character; or

                     (b)  a signed statement is given to the Minister by the education provider for the course in which the applicant is enrolled confirming that appropriate arrangements have been made for the applicant’s accommodation, support and general welfare for at least the minimum period of enrolment stated on the applicant’s:

                              (i)  confirmation of enrolment; or

                             (ii)  AASES form;

                            plus 7 days after the end of that period; or

                     (c)  if the applicant is a Foreign Affairs student or a Defence student, appropriate arrangements for the applicant’s accommodation, support and general welfare have been approved by:

                              (i)  in the case of a Foreign Affairs student—the Foreign Minister; and

                             (ii)  in the case of a Defence student—the Defence Minister.

4013     (1)  If the applicant is affected by a risk factor mentioned in subclause (1A), (2), (2A) or (3):

                     (a)  the application is made more than 3 years after the cancellation of the visa or the determination of the Minister, as the case may be, referred to in the subclause that relates to the applicant; or

                     (b)  the Minister is satisfied that, in the particular case:

                              (i)  compelling circumstances that affect the interests of Australia; or

                             (ii)  compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

                            justify the granting of the visa within 3 years after the cancellation or determination.

          (1A)  A person is affected by a risk factor if a visa previously held by the person was cancelled:

                     (a)  under section 109, paragraph 116(1)(d), subsection 116(1AA) or (1AB) or section 133A of the Act; or

                     (b)  under section 128 of the Act because the Minister was satisfied that the ground mentioned in paragraph 116(1)(d) of the Act applied to the person; or

                     (c)  under section 133C of the Act because the Minister was satisfied that the ground mentioned in paragraph 116(1)(d) or subsection 116(1AA) or (1AB) of the Act applied to the person.

             (2)  A person is affected by a risk factor if a visa previously held by the person was cancelled under section 116, 128 or 133C of the Act:

                     (a)  because the person was found by Immigration to have worked without authority; or

                     (b)  if the visa was of a subclass specified in Part 2 of this Schedule—because the person did not comply with a condition specified in that Part in relation to that subclass; or

                     (c)  if the visa was a Subclass 773 (Border) visa and, at the time of grant of the visa, the person was apparently eligible for a substantive visa of a subclass specified in Part 2 of this Schedule—because the person did not comply with a condition specified in that Part in relation to that subclass of substantive visa; or

                    (ca)  because the person held a student visa and the Minister was satisfied that a ground mentioned in paragraph 116(1)(fa) of the Act applied to the person; or

                     (d)  because the Minister was satisfied that a ground prescribed by paragraph 2.43(1)(ea), (i), (ia), (j), (k), (ka), (kb), (kc), (m), (o), (oa) or (ob) applied to the person.

          (2A)  A person is affected by a risk factor if a visa previously held by the person was cancelled under section 137J of the Act.

             (3)  A person is affected by a risk factor if a visa previously held by the person was cancelled because the Minister was satisfied that a ground mentioned in paragraph 116(1)(e) of the Act applied to the person.

4014     (1)  If the applicant is affected by the risk factor specified in subclause (4):

                     (a)  the application is made more than 3 years after the departure of the person from Australia referred to in that subclause; or

                     (b)  the Minister is satisfied that, in the particular case:

                              (i)  compelling circumstances that affect the interests of Australia; or

                             (ii)  compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

                            justify the granting of the visa within 3 years after the departure.

             (4)  Subject to subclause (5), a person is affected by a risk factor if the person left Australia as:

                     (a)  an unlawful non‑citizen; or

                     (b)  the holder of a Bridging C (Class (WC), Bridging D (Class WD) or Bridging E (Class WE) visa.

             (5)  Subclause (4) does not to apply to a person if:

                     (a)  the person left Australia within 28 days after a substantive visa held by the person ceased to be in effect; or

                     (b)  a bridging visa held by the person at the time of departure was granted:

                              (i)  within 28 days after a substantive visa held by the person ceased to be in effect; or

                             (ii)  while the person held another bridging visa granted:

                                        (A)  while the person held a substantive visa; or

                                        (B)  within 28 days after a substantive visa held by the person ceased to be in effect.

4015           The Minister is satisfied of 1 of the following:

                     (a)  the law of the additional applicant’s home country permits the removal of the additional applicant;

                     (b)  each person who can lawfully determine where the additional applicant is to live consents to the grant of the visa;

                     (c)  the grant of the visa would be consistent with any Australian child order in force in relation to the additional applicant.

4016           The Minister is satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the additional applicant.

4017           The Minister is satisfied of 1 of the following:

                     (a)  the law of the applicant’s home country permits the removal of the applicant;

                     (b)  each person who can lawfully determine where the applicant is to live consents to the grant of the visa;

                     (c)  the grant of the visa would be consistent with any Australian child order in force in relation to the applicant.

4018           The Minister is satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant.

4019     (1)  The applicant has signed a statement (a values statement) in accordance with Part 3.

Note:          Part 3 sets out further provisions relating to values statements and the requirements for this criterion.

             (2)  However, if compelling circumstances exist, the Minister may decide that the applicant is not required to satisfy subclause (1).

4020     (1)  There is no evidence before the Minister that the applicant has given, or caused to be given, to the Minister, an officer, the Tribunal during the review of a Part 5‑reviewable decision, a relevant assessing authority or a Medical Officer of the Commonwealth, a bogus document or information that is false or misleading in a material particular in relation to:

                     (a)  the application for the visa; or

                     (b)  a visa that the applicant held in the period of 12 months before the application was made.

             (2)  The Minister is satisfied that during the period:

                     (a)  starting 3 years before the application was made; and

                     (b)  ending when the Minister makes a decision to grant or refuse to grant the visa;

the applicant and each member of the family unit of the applicant has not been refused a visa because of a failure to satisfy the criteria in subclause (1).

       (2AA)  However, subclause (2) does not apply to the applicant if, at the time the application for the refused visa was made, the applicant was under 18.

          (2A)  The applicant satisfies the Minister as to the applicant’s identity.

          (2B)  The Minister is satisfied that during the period:

                     (a)  starting 10 years before the application was made; and

                     (b)  ending when the Minister makes a decision to grant or refuse to grant the visa;

neither the applicant, nor any member of the family unit of the applicant, has been refused a visa because of a failure to satisfy the criteria in subclause (2A).

       (2BA)  However, subclause (2B) does not apply to the applicant if, at the time the application for the refused visa was made, the applicant was under 18.

             (3)  To avoid doubt, subclauses (1) and (2) apply whether or not the Minister became aware of the bogus document or information that is false or misleading in a material particular because of information given by the applicant.

             (4)  The Minister may waive the requirements of any or all of paragraphs (1)(a) or (b) and subclause (2) if satisfied that:

                     (a)  compelling circumstances that affect the interests of Australia; or

                     (b)  compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

justify the granting of the visa.

             (5)  In this clause:

information that is false or misleading in a material particular means information that is:

                     (a)  false or misleading at the time it is given; and

                     (b)  relevant to any of the criteria the Minister may consider when making a decision on an application, whether or not the decision is made because of that information.

Note:          For the definition of bogus document, see subsection 5(1) of the Act.

4021           Either:

                     (a)  the applicant holds a valid passport that:

                              (i)  was issued to the applicant by an official source; and

                             (ii)  is in the form issued by the official source; and

                            (iii)  is not in a class of passports specified by the Minister in an instrument in writing for this clause; or

                     (b)  it would be unreasonable to require the applicant to hold a passport.

4022           Either:

                     (a)  the applicant has signed a code of behaviour that:

                              (i)  has been approved by the Minister in accordance with Part 4; and

                             (ii)  is in effect for the subclass of visa; or

                     (b)  the Minister does not require the applicant to sign a code of behaviour that is in effect for the subclass of visa.

Part 2Conditions applicable to certain subclasses of visas for the purposes of subclause 4013(2)

 

Column 1
Item

Column 2
Visa Subclass

Column 3
Conditions

4050

405 (Investor Retirement)

8104

4051

410 (Retirement)

8101 or 8104

4055AAA

402 (Training and Research)

8102, 8103, 8501, 8531 or 8536

4055AB

488 (Superyacht Crew)

8107 or 8114

4056

500 (Student)

8104, 8105, 8202, 8501, 8517 or 8518

4058A

570 (Independent ELICOS Sector)

8101, 8104, 8105, 8202, 8501, 8517 or 8518

4058B

571 (Schools Sector)

8101, 8104, 8105, 8202, 8501, 8517 or 8518

4058C

572 (Vocational Education and Training Sector)

8101, 8104, 8105, 8202, 8501, 8517 or 8518

4058D

573 (Higher Education Sector)

8101, 8104, 8105, 8202, 8501, 8517 or 8518

4058E

574 (Postgraduate Research Sector)
574 (Masters and Doctorate Sector)

8101, 8104, 8105, 8202, 8501, 8517 or 8518

4058F

575 (Non‑Award Sector)
575 (Non‑award Foundation/Other Sector)

8101, 8104, 8105, 8202, 8501, 8517 or 8518

4058G

576 (Foreign Affairs or Defence Sector)

8101, 8104, 8105, 8202, 8501, 8517 or 8518

4058GA

602 (Medical Treatment)

8101 or 8201

4058H

651 (eVisitor)

8101, 8115 or 8201

4064

675 (Medical Treatment (Short Stay))

8101 or 8201

4065A

676 (Tourist)

8101, 8201 or 8558

4065B

600 (Visitor)

8101, 8115, 8201 and 8558

4070

685 (Medical)

8101 or 8201

4072

771 (Transit)

8101 or 8201

4073

956 (Electronic Travel Authority (Business Entrant—Long Validity))

8201

4074

976 (Electronic Travel Authority (Visitor))

8101 or 8201

4075

977 (Electronic Travel Authority (Business Entrant—Short Validity))

8201

4076

601 (Electronic Travel Authority)

8115 and 8201

Part 3Requirements for public interest criterion 4019

  

3.1  Values statement

Statement

             (1)  For public interest criterion 4019, the Minister must, by instrument in writing, approve one or more values statements for the subclasses of visas specified in the instrument.

             (2)  A values statement must include provisions relating to:

                     (a)  values that are important to Australian society; and

                     (b)  matters concerning Australian citizenship (if relevant); and

                     (c)  compliance with the laws of Australia.

             (3)  A values statement may include other provisions.

Signing values statement—Internet application

             (4)  For public interest criterion 4019, a values statement is taken to have been signed by an applicant who makes an Internet application if the instructions for signing the values statement are followed.

Part 4Requirements for public interest criterion 4022

  

4.1  Code of behaviour

                   For public interest criterion 4022, the Minister must, by instrument in writing, approve one or more written codes of behaviour for the subclasses of visas specified in the instrument.

Schedule 5Special return criteria

(regulation 1.03)

  

5001           The applicant is not:

                     (a)  a person who left Australia while the subject of a deportation order under:

                              (i)  section 200 of the Act; or

                             (ii)  section 55, 56 or 57 of the Act as in force on and after 19 December 1989 but before 1 September 1994; or

                            (iii)  section 12, 13 or 14 of the Act as in force before 19 December 1989; or

                     (b)  a person whose visa has been cancelled under section 501 of the Act, as in force before 1 June 1999, wholly or partly because the Minister, having regard to the person’s past criminal conduct, was satisfied that the person is not of good character; or

                     (c)  a person whose visa has been cancelled under section 501, 501A or 501B of the Act, if:

                              (i)  the cancellation has not been revoked under subsection 501C(4) or 501CA(4) of the Act; or

                             (ii)  after cancelling the visa, the Minister has not, acting personally, granted a permanent visa to the person; or

                     (d)  a person whose visa has been cancelled under section 501BA of the Act if the Minister has not, acting personally, granted a permanent visa to the person after that cancellation.

5002           If the applicant is a person who has been removed from Australia under section 198, 199 or 205 of the Act:

                     (a)  the application is made more than 12 months after the removal; or

                     (b)  the Minister is satisfied that, in the particular case:

                              (i)  compelling circumstances that affect the interests of Australia; or

                             (ii)  compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

                            justify the granting of the visa within 12 months after the removal.

5010     (1)  If:

                     (a)  the applicant is the holder of a Foreign Affairs student visa; or

                     (b)  the applicant is the holder of a student visa granted to the applicant who is provided financial support by the government of a foreign country;

the applicant meets the requirements of subclause (3), (4) or (5).

             (2)  If:

                     (a)  the applicant is not the holder of a Foreign Affairs student visa and has in the past held a Foreign Affairs student visa; or

                     (b)  both:

                              (i)  paragraph (a) does not apply to the applicant, and the applicant is not the holder of a substantive visa; and

                             (ii)  the last substantive visa held by the applicant was a student visa granted to the applicant who was provided financial support by the government of a foreign country;

the applicant meets the requirements of subclause (3), (4) or (5).

             (3)  The applicant meets the requirements of this subclause if the course of study or training to which:

                     (a)  the visa mentioned in paragraph (1)(a) or (b) relates; or

                     (b)  if paragraph (2)(a) applies—the Foreign Affairs student visa most recently held by the applicant related; or

                     (c)  if paragraph (2)(b) applies—the last substantive visa held by the applicant related;

(whether or not the applicant has ceased the course) is one designed to be undertaken over a period of less than 12 months.

             (4)  The applicant meets the requirements of this subclause if the applicant:

                     (a)  has ceased:

                              (i)  the course of study or training to which:

                                        (A)  the visa mentioned in paragraph (1)(a) or (b) relates; or

                                        (B)  if paragraph (2)(a) applies—the Foreign Affairs student visa most recently held by the applicant related; or

                                        (C)  if paragraph (2)(b) applies—the last substantive visa held by the applicant related; or

                             (ii)  another course approved by the AusAID Minister, the Foreign Minister or the government of the foreign country that provided financial support to the applicant, as the case requires, in substitution for that course; and

                     (b)  has spent at least 2 years outside Australia since ceasing the course.

             (5)  The applicant meets the requirements of this subclause if:

                     (a)  the applicant has the support of the Foreign Minister or the government of the foreign country that provided financial support to the applicant, as the case requires, for the grant of the visa; or

                     (b)  the Minister is satisfied that, in the particular case, waiving the requirement of paragraph (a) is justified by:

                              (i)  compelling circumstances that affect the interests of Australia; or

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

             (6)  In this clause:

cease has the same meaning as in regulation 1.04A.

Foreign Affairs student visa has the same meaning as in regulation 1.04A.

Schedule 6DGeneral points test for General Skilled Migration visas mentioned in subregulation 2.26AC(1)

(regulation 2.26AC)

Part 6D.1Age qualifications

 

Item

At the time of invitation to apply for the visa, the applicant’s age was ...

Number of points

6D11

not less than 18 and under 25

25

6D12

not less than 25 and under 33

30

6D13

not less than 33 and under 40

25

6D14

not less than 40 and under 45

15

Part 6D.2English language qualifications

 

Item

At the time of invitation to apply for the visa, the applicant had ...

Number of points

6D21

superior English

20

6D22

proficient English

10

Part 6D.3Overseas employment experience qualifications

 

Item

At the time of invitation to apply for the visa, the applicant ...

Number of points

6D31

had been employed outside Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 36 months in the 10 years immediately before that time

5

6D32

had been employed outside Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 60 months in the 10 years immediately before that time

10

6D33

had been employed outside Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 96 months in the 10 years immediately before that time

15

Part 6D.4Australian employment experience qualifications

 

Item

At the time of invitation to apply for the visa, the applicant ...

Number of points

6D41

had been employed in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 12 months in the 10 years immediately before that time

5

6D42

had been employed in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 36 months in the 10 years immediately before that time

10

6D43

had been employed in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 60 months in the 10 years immediately before that time

15

6D44

had been employed in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 96 months in the 10 years immediately before that time

20

Part 6D.5Aggregating points for employment experience qualifications

6D51    (1)  If an applicant has a qualification mentioned in Part 6D.3 and a qualification mentioned in Part 6D.4, and the combined number of points that would be awarded under those Parts for the qualifications is more than 20 points:

                     (a)  the Minister must give the applicant 20 points under this Part for the qualifications; and

                     (b)  no points are given under Part 6D.3 or 6D.4.

             (2)  The prescribed number of points for the combination of qualifications is 20.

Part 6D.6Australian professional year qualifications

 

Item

At the time of invitation to apply for the visa, the applicant had completed ...

Number of points

6D61

a professional year in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 12 months in the 48 months immediately before that time

5

Part 6D.7Educational qualifications

 

Item

At the time of invitation to apply for the visa, the applicant had ...

Number of points

6D71

met the requirements for:

(a) the award of a doctorate by an Australian educational institution; or

(b) the award of a doctorate, by another educational institution, that is of a recognised standard

20

6D72

met the requirements for:

(a) the award of at least a bachelor degree by an Australian educational institution; or

(b) the award of at least a bachelor qualification, by another educational institution, that is of a recognised standard

15

6D73

met the requirements for the award of a diploma by an Australian educational institution

10

6D74

met the requirements for the award of a trade qualification by an Australian educational institution

10

6D75

attained a qualification or award recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for the occupation

10

Part 6D.7ASpecialist educational qualifications

  

 

Item

At the time of invitation to apply for the visa …

Number of points

6D7A1

the applicant met the requirements for the award of a specialist educational qualification

5

Part 6D.8Australian study qualifications

 

Item

At the time of invitation to apply for the visa ...

Number of points

6D81

the applicant met the Australian study requirement

5

Part 6D.9Credentialled community language qualifications

 

Item

At the time of invitation to apply for the visa, the applicant had ...

Number of points

6D91

a qualification in a particular language:

(a) awarded or accredited by a body specified by the Minister in an instrument in writing for this item; and

(b) at a standard for the language specified in the instrument

5

Part 6D.10Study in regional Australia or a low‑population growth metropolitan area qualifications

 

Item

At the time of invitation to apply for the visa ...

Number of points

6D101

each of the following applied:

(a) the applicant met the Australian study requirement;

(b) the location of the campus or campuses at which that study was undertaken is specified by the Minister in an instrument in writing for this item;

(c) while the applicant undertook the course of study the applicant lived in a part of Australia the postcode of which is specified by the Minister in an instrument in writing for this item;

(d) none of the study undertaken constituted distance education

5

Part 6D.11Partner skill qualifications

 

Item

Qualification

Number of points

6D111

The spouse or de facto partner of the applicant (the primary applicant):

(a) is an applicant for the same subclass of visa as the primary applicant; and

(b) is not an Australian permanent resident or an Australian citizen; and

(c) was under 50 at the time the invitation to apply for the visa was issued to the primary applicant; and

(d) at the time of invitation to apply for the visa, nominated a skilled occupation, being an occupation specified by the Minister under paragraph 1.15I(1)(a) at that time; and

(e) at the time of invitation to apply for the visa, had been assessed by the relevant assessing authority for the nominated skilled occupation as having suitable skills for the occupation and the assessment was not for a Subclass 485 (Temporary Graduate) visa; and

(f) at the time of invitation to apply for the visa, had competent English

5

Part 6D.12State or Territory nomination qualifications

 

Item

Qualification

Number of points

6D121

The applicant has been invited to apply for a Subclass 190 (Skilled—Nominated) visa, and the nominating State or Territory government agency has not withdrawn the nomination

5

Part 6D.13Designated area sponsorship qualifications

 

Item

Qualification

Number of points

6D131

The applicant has been invited to apply for a Subclass 489 (Skilled—Regional) (Provisional) visa, and:

(a) the nominating State or Territory government agency has not withdrawn the nomination; or

(b) if the applicant is sponsored by a family member, the Minister has accepted the sponsorship

10

Schedule 7ABusiness innovation and investment points test—attributes and points (Business Skills (Provisional) (Class EB) visas)

(regulation 1.03)

Part 7A.1Definitions

                   In this Schedule:

degree has the meaning given by subregulation 2.26AC(6).

diploma has the meaning given by subregulation 2.26AC(6).

trade qualification has the meaning given by subregulation 2.26AC (6).

Part 7A.2Age qualifications

 

Item

At the time of invitation to apply for the visa, the applicant was ...

Number of points

 

7A21

not less than 18 and under 25

20

7A22

not less than 25 and under 33

30

7A23

not less than 33 and under 40

25

7A24

not less than 40 and under 45

20

7A25

not less than 45 and under 55

15

Part 7A.3English language qualifications

 

Item

At the time of invitation to apply for the visa, the applicant had ...

Number of points

 

7A31

vocational English

5

7A32

proficient English

10

Note:       Points are accumulated under item 7A31 or 7A32, not both.

Part 7A.4Educational qualifications

 

Item

At the time of invitation to apply for the visa, the applicant had ...

Number of points

 

7A41

met the requirements for:

(a) the award of a trade qualification, diploma or bachelor degree by an Australian educational institution; or

(b) the award of a bachelor qualification by an educational institution that is of a recognised standard

5

7A42

met the requirements for:

(a) the award of a bachelor degree in business, science or technology by an Australian educational institution; or

(b) the award of a bachelor qualification in business, science or technology by an educational institution that is of a recognised standard

10

Note:       Points are accumulated under item 7A41 or 7A42, not both.

Part 7A.5Business experience qualifications—Business Innovation stream only

 

Item

The applicant has held one or more main businesses for ...

Number of points

 

7A51

not less than 4 years in the 5 years immediately before the time of invitation to apply for the visa

10

7A52

not less than 7 years in the 8 years immediately before the time of invitation to apply for the visa

15

Note:       Points are accumulated under item 7A51 or 7A52, not both.

Part 7A.6Investor experience qualifications—Investor stream only

 

Item

The applicant ...

Number of points

 

7A61

held eligible investments which had a value of not less than AUD100 000 for not less than 4 years immediately before the time of invitation to apply for the visa

10

7A62

held eligible investments which had a value of not less than AUD100 000 for not less than 7 years immediately before the time of invitation to apply for the visa

15

Note:       Points are accumulated under item 7A61 or 7A62, not both.

Part 7A.7Financial asset qualifications

 

Item

The net value of the business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, was ...

Number of points

 

7A71

not less than AUD800 000 in each of the 2 fiscal years immediately before the time of invitation to apply for the visa

5

7A72

not less than AUD1 300 000 in each of the 2 fiscal years immediately before the time of invitation to apply for the visa

15

7A73

not less than AUD1 800 000 in each of the 2 fiscal years immediately before the time of invitation to apply for the visa

25

7A74

not less than AUD2 250 000 in each of the 2 fiscal years immediately before the time of invitation to apply for the visa

35

Note:       Points are accumulated under one item in Part 7A.7, not more than one.

Part 7A.8Business turnover qualifications

 

Item

The applicant had an ownership interest in one or more main businesses that had an annual turnover of ...

Number of points

 

7A81

not less than AUD500 000 in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa

5

7A82

not less than AUD1 000 000 in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa

15

7A83

not less than AUD1 500 000 in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa

25

7A84

not less than AUD2 000 000 in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa

35

Note:       Points are accumulated under one item in Part 7A.8, not more than one.

Part 7A.9Business innovation qualifications

 

Item

At the time of invitation to apply for the visa ...

Number of points

7A91

the applicant, or a main business of the applicant, had either or both of the following:

(a) one or more patents that:

(i) were registered not less than 1 year before that time; and

(ii) were used in the day to day activities of the main business;

(b) one or more registered designs that:

(i) were registered not less than 1 year before that time; and

(ii) were used in the day to day activities of the main business

15

7A92

the applicant, or a main business of the applicant, had one or more registered trade marks that:

(a) were registered not less than 1 year before that time; and

(b) were used in the day to day activities of the main business

10

7A93

each of the following applied:

(a) at least one main business in which the applicant held an ownership interest operated in accordance with a formal joint venture agreement entered into with another business or businesses;

(b) the joint venture agreement had been entered into not less than 1 year before the time of invitation to apply for the visa;

(c) the applicant utilised his or her skills in actively participating at a senior level in the day to day management of the business

5

7A94

at least one main business held by the applicant derived not less than 50% of its annual turnover from export trade in at least 2 of the 4 fiscal years immediately before that time

15

7A95

the applicant had an ownership interest in at least one main business that:

(a) was established not more than 5 years before that time; and

(b) had an average annualised growth in turnover that was greater than 20% per annum over 3 continuous fiscal years; and

(c) in at least one of the 3 fiscal years mentioned in paragraph (b) employed 10 or more employees for a total number of hours that was at least the total number of hours that would have been worked by 10 full‑time employees

10

7A96

the applicant, or at least one main business in which the applicant held an ownership interest:

(a) had received a grant that:

(i) was awarded for the purposes of early phase start up of a business, product commercialisation, business development or business expansion; and

(ii) was at least AUD10 000; and

(iii) was awarded by a government body in the applicant’s home country; and

(iv) had been received not more than 4 years immediately before that time; or

(b) had received venture capital funding of at least AUD100 000 not more than 4 years before the time of the invitation for the purposes of early phase start up of a business, product commercialisation, business development or business expansion

10

Note:       Points may be accumulated under more than one item in Part 7A.9, but points may not be accumulated more than once for each item in the Part.

Part 7A.10Special endorsement qualifications

 

Item

At the time of the invitation to apply for the visa ...

Number of points

 

7A101

the nominating State or Territory government agency had determined that the business proposed by the applicant was of unique and important benefit to the State or Territory where the nominating government agency is located

10

Schedule 8Visa conditions

(subregulations 2.05(1) and (2))

  

Note 1:       Whether a visa of a particular class may be made subject to any of these conditions depends on the relevant provision in Schedule 2.

Note 2:       As to cancellation for breaches of conditions, see the Act, ss. 41 and 116 to 119.

8101           The holder must not engage in work in Australia.

8102           The holder must not engage in work in Australia (other than in relation to the holder’s course of study or training).

8103           The holder must not receive salary in Australia without the permission in writing of the Secretary.

8104     (1)  The holder must not engage in work for more than 40 hours a fortnight while the holder is in Australia.

             (2)  If the holder is a member of the family unit of a person who satisfies the primary criteria for the grant of a student visa, the holder must not engage in work in Australia until the person who satisfies the primary criteria has commenced a course of study.

             (3)  If the course of study mentioned in subclause (2) is for the award of a masters or doctoral degree, then despite subclause (1), the holder may engage in work for more than 40 hours a fortnight while the holder is in Australia.

             (4)  In this clause:

fortnight means the period of 14 days commencing on a Monday.

8105  (1A)  The holder must not engage in any work in Australia before the holder’s course of study commences.

             (1)  Subject to subclause (2), the holder must not engage in work in Australia for more than 40 hours a fortnight during any fortnight when the holder’s course of study or training is in session.

             (2)  Subclause (1) does not apply:

                     (a)  to work that was specified as a requirement of the course when the course particulars were entered in the Commonwealth Register of Institutions and Courses for Overseas Students; and

                     (b)  in relation to a student visa granted in relation to a masters degree by research or doctoral degree if the holder has commenced the masters degree by research or doctoral degree.

             (3)  In this clause:

fortnight means the period of 14 days commencing on a Monday.

8106           The holder must engage in work in Australia only if the work is relevant to the conduct of the business, or performance of the tasks, specified in the visa application.

8107     (1)  If the visa is not a visa mentioned in subclause (3) or (4), and was granted to enable the holder to be employed in Australia, the holder must not:

                     (a)  cease to be employed by the employer in relation to which the visa was granted; or

                     (b)  work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or

                     (c)  engage in work for another person or on the holder’s own account while undertaking the employment in relation to which the visa was granted.

             (2)  If the visa is not a visa mentioned in subclause (3) or (4), and subclause (1) does not apply, the holder must not:

                     (a)  cease to undertake the activity in relation to which the visa was granted; or

                     (b)  engage in an activity inconsistent with the activity in relation to which the visa was granted; or

                     (c)  engage in work for another person or on the holder’s own account inconsistent with the activity in relation to which the visa was granted.

             (3)  If the visa is, or the last substantive visa held by the applicant was, a Subclass 457 (Temporary Work (Skilled)) visa that was granted on the basis that the holder met the requirements of subclause 457.223(2) or (4) (as in force before 18 March 2018):

                     (a)  the holder:

                              (i)  must work only in the occupation listed in the most recently approved nomination for the holder; and

                             (ii)  unless the circumstances in subclause (3A) apply:

                                        (A)  must work only for the party to a labour agreement or former party to a labour agreement who nominated the holder in the most recently approved nomination; or

                                        (B)  if the sponsor is, or was, a standard business sponsor who was lawfully operating a business in Australia at the time of the sponsor’s approval as a standard business sponsor, or at the time of the last approval of a variation to the sponsor’s term of approval as a standard business sponsor—must work only in a position in the business of the sponsor or an associated entity of the sponsor; or

                                        (C)  if the sponsor is or was a standard business sponsor who was not lawfully operating a business in Australia, and was lawfully operating a business outside Australia, at the time of the sponsor’s approval as a standard business sponsor, or at the time of the last approval of a variation to the sponsor’s term of approval as a standard business sponsor—must work only in a position in the business of the sponsor; and

                    (aa)  subject to paragraph (c), the holder must:

                              (i)  if the holder was outside Australia when the visa was granted—commence work within 90 days after the holder’s arrival in Australia; and

                             (ii)  if the holder was in Australia when the visa was granted—commence work within 90 days after the holder’s visa was granted; and

                     (b)  if the holder ceases employment—the period during which the holder ceases employment must not exceed 60 consecutive days; and

                     (c)  if the holder is required to hold a licence, registration or membership that is mandatory to perform the occupation nominated in relation to the holder, in the location where the holder’s position is situated—the holder:

                              (i)  must hold the licence, registration or membership while the holder is performing the occupation; and

                             (ii)  if the holder was outside Australia when the visa was granted—the holder must hold that licence, registration or membership within 90 days after the holder’s arrival in Australia; and

                            (iii)  if the holder was in Australia when the visa was granted—the holder must hold that licence, registration or membership within 90 days after the holder’s visa was granted; and

                            (iv)  must notify the Department, in writing as soon as practicable if an application for the licence, registration or membership is refused; and

                             (v)  must comply with each condition or requirement to which the licence, registration or membership is subject; and

                            (vi)  must not engage in work that is inconsistent with the licence, registration or membership, including any conditions or requirements to which the licence, registration or membership is subject; and

                           (vii)  must notify the Department, in writing as soon as practicable if the licence, registration or membership ceases to be in force or is revoked or cancelled.

          (3A)  For subparagraph (3)(a)(ii), the circumstances are that:

                     (a)  the holder’s occupation is specified in an instrument in writing for subparagraph 2.72(10)(e)(ii) or (iii) as in force before 18 March 2018; or

                     (b)  the holder is continuing to work for the sponsor, or the associated entity of the sponsor, for the purpose of fulfilling a requirement under a law relating to industrial relations and relating to the giving of notice.

             (4)  If the visa is:

                     (a)  a Subclass 401 (Temporary Work (Long Stay Activity)) visa; or

                     (b)  a Subclass 402 (Training and Research) visa; or

                   (ba)  a Subclass 420 (Temporary Work (Entertainment)) visa;

the holder must not:

                     (c)  cease to engage in the most recently nominated occupation, program or activity in relation to which the holder is identified; or

                     (d)  engage in work or an activity that is inconsistent with the most recently nominated occupation, program or activity in relation to which the holder is identified; or

                     (e)  engage in work or an activity for an employer other than the employer identified in accordance with paragraph 2.72A(7)(a) as in force before 19 November 2016 (subject to subregulation 2.72A(8) as in force before that day) in the most recent nomination in which the holder is identified.

             (5)  If the visa is a subclass 407 (Training) visa, the holder must not:

                     (a)  cease to engage in the most recently nominated program in relation to which the holder is identified; or

                     (b)  engage in work or an activity that is inconsistent with the most recently nominated program in relation to which the holder is identified; or

                     (c)  engage in work or an activity for an employer other than an employer identified in accordance with paragraph 2.72A(8)(a) (subject to subregulation 2.72A(9)) in the most recent nomination in which the holder is identified.

8108           The holder must not be employed in Australia by any 1 employer for more than 3 months, without the prior permission in writing of the Secretary.

8109           The holder must not change details of times and places of engagements specified in the application to be undertaken in Australia during the visa period, without the prior permission in writing of the Secretary.

8110           The holder:

                     (a)  must not engage in work in Australia except in the household of the employer in relation to whom the visa was granted; and

                     (b)  must not work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; and

                     (c)  must not engage in work for another person or on the holder’s own account while undertaking the employment in relation to which the visa was granted; and

                     (d)  must not cease to be employed by the employer in relation to which the visa was granted, unless paragraph (e) applies; and

                     (e)  except with the written permission of the Foreign Minister, must not remain in Australia after the permanent departure of that employer.

8111           The holder must not:

                     (a)  perform work in Australia except in the household of the employer who is the holder’s sponsor in relation to the visa; or

                     (b)  remain in Australia after the permanent departure of that employer.

8112           The holder must not engage in work in Australia that might otherwise be carried out by an Australian citizen or an Australian permanent resident.

8113           The holder must not work in Australia otherwise than as a member of the crew of a non‑military ship.

8114           The holder must not work in Australia otherwise than as a member of the crew of a superyacht.

8115           The holder must not work in Australia other than by engaging in a business visitor activity.

8116           The holder must not work in Australia other than by engaging in an activity specified in a legislative instrument made by the Minister for this clause.

8117           The holder must not work in Australia other than as a member of the crew on either or both of the following:

                     (a)  the flight on which the holder leaves Australia;

                     (b)  one flight from a proclaimed airport to the proclaimed airport from which the holder leaves Australia.

8118           The holder must not work in Australia other than as a member of the crew on one or more of the following:

                     (a)  the flight on which the holder travels to Australia;

                     (b)  one flight from the proclaimed airport at which the holder enters Australia to another proclaimed airport;

                     (c)  the flight on which the holder leaves Australia;

                     (d)  one flight from a proclaimed airport to the proclaimed airport from which the holder leaves Australia.

8201     (1)  While in Australia, the holder must not engage, for more than 3 months, in any studies or training.

             (2)  However, subclause (1) does not apply to a visa mentioned in the table.

 

Item

Visa

1

Subclass 590 (Student Guardian) visa in relation to which the holder is undertaking an ELICOS of less than 20 hours per week

1A

Subclass 602 (Medical Treatment) visa in relation to which the holder:

(a) is under 18; and

(b) has experienced a change in circumstances while in Australia; and

(c) has the written permission of the Minister to engage for more than 3 months in any studies or training because of compelling and compassionate circumstances

2

Subclass 675 (Medical Treatment (Short Stay)) visa in relation to which the holder:

(a) is under 18; and

(b) has experienced a change in circumstances while in Australia; and

(c) has the written permission of the Minister to engage for more than 3 months in any studies or training because of compelling and compassionate circumstances

3

Subclass 685 (Medical Treatment (Long Stay)) visa in relation to which the holder:

(a) is under 18; and

(b) has experienced a change in circumstances while in Australia; and

(c) has the written permission of the Minister to engage for more than 3 months in any studies or training because of compelling and compassionate circumstances

8202     (1)  The holder must be enrolled in a full‑time course of study or training if the holder is:

                     (a)  a Defence student; or

                     (b)  a Foreign Affairs student; or

                     (c)  a secondary exchange student.

             (2)  A holder not covered by subclause (1):

                     (a)  must be enrolled in a full‑time registered course; and

                     (b)  subject to subclause (3), must maintain enrolment in a registered course that, once completed, will provide a qualification from the Australian Qualifications Framework that is at the same level as, or at a higher level than, the registered course in relation to which the visa was granted; and

                     (c)  must ensure that neither of the following subparagraphs applies in respect of a registered course undertaken by the holder:

                              (i)  the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course progress for section 19 of the Education Services for Overseas Students Act 2000 and the relevant standard of the national code made by the Education Minister under section 33 of that Act;

                             (ii)  the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course attendance for section 19 of the Education Services for Overseas Students Act 2000 and the relevant standard of the national code made by the Education Minister under section 33 of that Act.

             (3)  A holder is taken to satisfy the requirement set out in paragraph (2)(b) if the holder:

                     (a)  is enrolled in a course at the Australian Qualifications Framework level 10; and

                     (b)  changes their enrolment to a course at the Australian Qualifications Framework level 9.

8203           The holder must not change his or her course of study, or thesis or research topic, unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security.

8204           The holder must not undertake or change a course of study or research, or thesis or research topic, for:

                     (a)  a graduate certificate, a graduate diploma, a master’s degree or a doctorate; or

                     (b)  any bridging course required as a prerequisite to a course of study or research for a master’s degree or a doctorate;

unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security.

8207           The holder must not engage in any studies or training in Australia.

8301           After entry to Australia, the holder must satisfy relevant public interest criteria before the visa ceases.

8302           After entry to Australia, all relevant members of the family unit must satisfy the relevant public interest criteria before the visa ceases.

8303           The holder must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.

8401           The holder must report:

                     (a)  at a time or times; and

                     (b)  at a place;

specified by the Minister for the purpose.

8402           The holder must report:

                     (a)  within 5 working days of grant, to an office of Immigration; and

                     (b)  to that office on the first working day of every week after reporting under paragraph (a).

8501           The holder must maintain adequate arrangements for health insurance while the holder is in Australia.

8502           The holder of the visa must not enter Australia before the entry to Australia of a person specified in the visa.

8503           The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.

8504           The holder must enter Australia as the holder of the visa to which the condition applies before a date specified by the Minister.

8505           The holder must continue to live at the address specified by the holder before grant of the visa.

8506           The holder must notify Immigration at least 2 working days in advance of any change in the holder’s address.

8507           The holder must, within the period specified by the Minister for the purpose:

                     (a)  pay; or

                     (b)  make an arrangement that is satisfactory to the Minister to pay;

the costs (within the meaning of Division 10 of Part 2 of the Act) of the holder’s detention.

8508           The holder must make a valid application for a visa of a class that can be granted in Australia, within the time specified by the Minister for the purpose.

Note:          For the meaning of valid application see s 46 of the Act. Broadly, a valid application is one that is formally in order for consideration, not necessarily one that can be granted.

8509           Within 5 working days after the date of grant, the holder must:

                     (a)  make a valid application for a substantive visa; or

                     (b)  show an officer a ticket for travel to a country other than Australia that the Minister is satisfied will allow the holder to enter on his or her arrival.

8510           Within the time specified by the Minister for the purpose, the holder must, either:

                     (a)  show an officer a passport that is in force; or

                     (b)  make an arrangement satisfactory to the Minister to obtain a passport.

8511           Within the time specified by the Minister for the purpose, the holder must, show an officer a ticket for travel to a country other than Australia that the Minister is satisfied will allow the holder to enter on his or her arrival.

8512           The holder must leave Australia by the date specified by the Minister for the purpose.

8513           The holder must notify Immigration of his or her residential address within 5 working days of grant.

8514           During the visa period of the visa, there must be no material change in the circumstances on the basis of which it was granted.

8515           The holder of the visa must not marry or enter into a de facto relationship before entering Australia.

8516           The holder must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa.

8517           The holder must maintain adequate arrangements for the education of any school‑age dependant of the holder who is in Australia for more than 3 months as the holder of a student visa (as a person who has satisfied the secondary criteria).

8518           Adequate arrangements must be maintained for the education of the holder while he or she is in Australia.

8519           The holder must enter into the marriage in relation to which the visa was granted within the visa period of the visa.

8520           The relevant person who holds a Subclass 300 visa on the basis of having satisfied the primary criteria must enter into the marriage in relation to which that visa was granted within the visa period of that visa.

8522           The holder must leave Australia not later than the time of departure of the person:

                     (a)  who has satisfied the primary criteria; and

                     (b)  of whose family unit the holder is a member.

8523           Each person who:

                     (a)  is a member of the family unit of the holder (being a spouse or de facto partner of the holder or an unmarried child of the holder who has not turned 18); and

                     (b)  has satisfied the secondary criteria; and

                     (c)  holds a student visa because of paragraphs (a) and (b);

must leave Australia not later than the time of departure of the holder.

8525           The holder must leave Australia by a specified means of transport on a specified day or within a specified period.

8526           The holder must notify the Secretary in writing, not earlier than 7 days before the day the visa ceases to be in effect, and not later than that day, of the holder’s place of residence in Australia by posting the notification to the Central Office of Immigration in the Australian Capital Territory.

8527           The holder must be free from tuberculosis at the time of travel to, and entry into, Australia.

8528           The holder must not have one or more criminal convictions, for which the sentence or sentences (whether served or not) are for a total period of 12 months duration or more, at the time of travel to, and entry into, Australia.

8529           The holder must, after entering Australia:

                     (a)  undergo a medical examination carried out by:

                              (i)  a Commonwealth Medical Officer; or

                             (ii)  a medical practitioner approved by the Minister; or

                            (iii)  a medical practitioner employed by an organisation approved by the Minister; and

                     (b)  undergo a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia, unless the holder:

                              (i)  is under 11 years of age and is not a person in respect of whom a Commonwealth Medical Officer has requested such an examination; or

                             (ii)  is a person:

                                        (A)  who is confirmed by a Commonwealth Medical Officer to be pregnant; and

                                        (B)  who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and

                                        (C)  who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and

                                        (D)  whom the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.

8530           The holder must not deviate from the organised tour referred to in clause 600.252 of Schedule 2.

8531           The holder must not remain in Australia after the end of the period of stay permitted by the visa.

8532           If the holder has not turned 18:

                     (a)  the holder must stay in Australia with a person who is:

                              (i)  a parent of the holder or a person who has custody of the holder; or

                             (ii)  a relative of the holder who:

                                        (A)  is nominated by a parent of the holder or a person who has custody of the holder; and

                                        (B)  has turned 21; and

                                        (C)  is of good character; or

                     (b)  the arrangements for the holder’s accommodation, support and general welfare must be approved by the education provider for the course to which the holder’s visa relates, and the holder must not enter Australia before the day nominated by the education provider as the day on which those arrangements are to commence; or

                     (c)  in the case that the holder is a Defence student—both:

                              (i)  the arrangements for the holder’s accommodation, support and general welfare must be approved by the Defence Minister; and

                             (ii)  the holder must not enter Australia before the day those arrangements are to commence; or

                     (d)  in the case that the holder is a Foreign Affairs student—both:

                              (i)  the arrangements for the holder’s accommodation, support and general welfare must be approved by the Foreign Minister; and

                             (ii)  the holder must not enter Australia before the day those arrangements are to commence.

8533           The holder must:

                     (a)  in the case of a holder who was outside Australia when the visa was granted, notify the education provider of the holder’s residential address in Australia within 7 days after arriving in Australia; and

                     (b)  in all cases:

                              (i)  notify the education provider of any change in the holder’s residential address in Australia within 7 days after the change occurs; and

                             (ii)  notify his or her current education provider of a change of education provider within 7 days after the holder receives:

                                        (A)  a confirmation of enrolment from the new education provider; or

                                        (B)  if no confirmation of enrolment is required to be sent, or if a failure of electronic transmission has prevented an education provider from sending a confirmation of enrolment—evidence that the applicant has been enrolled by the new education provider.

8534           The holder will not be entitled to be granted a substantive visa, other than:

                     (a)  a protection visa; or

                     (b)  a Subclass 485 (Temporary Graduate) visa; or

                     (c)  a Subclass 590 (Student Guardian) visa;

while the holder remains in Australia.

8535           The holder will not be entitled to be granted a substantive visa, other than:

                     (a)  a protection visa; or

                     (b)  a Student (Temporary) (Class TU) visa that is granted to the holder on the basis of support from the Commonwealth government or a foreign government;

while the holder remains in Australia.

8536           The holder must not discontinue, or deviate from, the professional development program in relation to which the visa was granted.

8537     (1)  While the nominating student (within the meaning of Part 590 of Schedule 2) in relation to the holder is in Australia, the holder must reside in Australia.

             (2)  While the holder is in Australia, the holder must:

                     (a)  stay with the nominating student (within the meaning of Part 590 of Schedule 2) in relation to the holder; and

                     (b)  provide appropriate accommodation and support for the nominating student; and

                     (c)  provide for the general welfare of the nominating student.

8538           If the holder leaves Australia without the nominating student (within the meaning of Part 590 of Schedule 2) in relation to the holder, the holder must first give to the Minister evidence that:

                     (a)  there are compelling or compassionate reasons for doing so; and

                     (b)  the holder has made alternative arrangements for the accommodation, support and general welfare of the nominating student until the holder’s return to Australia; and

                     (c)  if the nominating student has not turned 18, the alternative arrangements are approved by the education provider for the course to which the nominating student’s visa relates.

8539           While the holder is in Australia, the holder must live, study and work only in an area specified by the Minister in an instrument in writing for item 6A1001 of Schedule 6A or item 6D101 of Schedule 6D, as in force:

                     (a)  when the visa was granted; or

                     (b)  if the holder has held more than 1 visa that is subject to this condition—when the first of those visas was granted.

8540           The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa or a Subclass 462 (Work and Holiday) visa, while the holder remains in Australia.

8541           The holder:

                     (a)  must do everything possible to facilitate his or her removal from Australia; and

                     (b)  must not attempt to obstruct efforts to arrange and effect his or her removal from Australia.

8542           The holder must make himself or herself available for removal from Australia in accordance with instructions given to the holder by Immigration for the purpose of that removal.

8543           The holder must attend at a place, date and time specified by Immigration in order to facilitate efforts to arrange and effect his or her removal from Australia.

8547           The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary.

8548           The holder must not engage in any studies or training in Australia for more than 4 months.

8549     (1)  Unless subclause (2) applies, while the holder is in Australia, the holder must live, study and work only in a designated area, as in force:

                     (a)  when the visa was granted; or

                     (b)  if the holder has held more than 1 visa that is subject to this condition—when the first of those visas was granted.

Note:          designated area is defined in regulation 1.03

             (2)  For a visa granted on the basis of satisfaction of clause 159.214 or 159.311 of Schedule 2, while the holder is in Australia, the holder must live, study and work only in Norfolk Island, apart from any period during the whole of which the visa holder:

                     (a)  has not turned 25; and

                     (b)  is a dependent child of a person who is ordinarily resident in Norfolk Island; and

                     (c)  lives elsewhere in Australia for the purpose of study; and

                     (d)  meets the requirements mentioned in condition 8105 (which relates to students engaging in work).

Note:          Condition 8105 is not imposed on the visa.

8550           The holder must notify the Minister of any change in the holder’s personal details, including a change to any of the following contact information:

                     (a)  the holder’s name;

                     (b)  an address of the holder;

                     (c)  a phone number of the holder;

                     (d)  an email address of the holder;

                     (e)  an online profile used by the holder;

                      (f)  a user name of the holder;

not less than 2 working days before the change is to occur.

8551     (1)  The holder must obtain the Minister’s approval before taking up employment in the following occupations, or occupations of a similar kind:

                     (a)  occupations that involve the use of, or access to, chemicals of security concern;

                     (b)  occupations in the aviation or maritime industries;

                     (c)  occupations at facilities that handle security‑sensitive biological agents.

             (2)  In this clause:

chemicals of security concern means chemicals specified by the Minister in an instrument in writing for this definition.

Note:          The Minister’s instrument will refer to chemicals that have been identified, by the Council of Australian Governments, as chemicals of security concern. Without limiting what the Council might identify, the chemicals may include:

(a)    industrial chemicals, including chemicals used in the retail, pharmaceutical or pool and spa sectors, that could be diverted from their lawful use to other purposes such as terrorist‑related activities; and

(b)    agricultural and veterinary chemicals that could be diverted from their lawful use to other purposes, including terrorist‑related activities.

8552           The holder must notify the Minister of any change in the holder’s employment details, not less than 2 working days before the change is to occur.

8553           The holder must not become involved in activities that are prejudicial to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979).

8554     (1)  The holder must not acquire any of the following goods:

                     (a)  weapons;

                     (b)  explosives;

                     (c)  material or documentation that provides instruction on the use of weapons or explosives.

             (2)  In this clause:

weapon means a thing made or adapted for use for inflicting bodily injury.

8555           The holder must obtain the Minister’s approval before undertaking the following activities, or activities of a similar kind:

                     (a)  flight training;

                     (b)  flying aircraft.

8556           The holder must not communicate or associate with:

                     (a)  an entity listed under Part 4 of the Charter of the United Nations Act 1945; or

                     (b)  an organisation prescribed by the Criminal Code Regulations 2002.

8557           The holder must hold for the whole of the visa period:

                     (a)  if the visa was granted on the basis of a complying investment within the meaning of regulation 5.19B as in force at a particular time—a complying investment within the meaning of regulation 5.19B as in force at that time; or

                     (b)  if the visa was granted on the basis of a complying significant investment within the meaning of regulation 5.19C as in force at a particular time—a complying significant investment within the meaning of regulation 5.19C as in force at that time; or

                     (c)  if the visa was granted on the basis of a complying premium investment within the meaning of regulation 5.19D as in force at a particular time—a complying premium investment within the meaning of regulation 5.19D as in force at that time.

8558           The holder must not stay in Australia for more than 12 months in any period of 18 months.

8559           The holder must not enter the country by reference to which:

                     (a)  the holder; or

                     (b)  for a member of the family unit of another holder—the other holder;

was found to be a person to whom Australia has protection obligations unless the Minister has approved the entry in writing.

8560     (1)  The holder must obtain the Minister’s approval before acquiring chemicals of security concern.

             (2)  In this clause:

chemicals of security concern means chemicals specified by the Minister in an instrument in writing for this definition.

Note:          The Minister’s instrument will refer to chemicals that have been identified, by the Council of Australian Governments, as chemicals of security concern. Without limiting what the Council might identify, the chemicals may include:

(a)    industrial chemicals, including chemicals used in the retail, pharmaceutical or pool and spa sectors, that could be diverted from their lawful use to other purposes such as terrorist‑related activities; and

(b)    agricultural and veterinary chemicals that could be diverted from their lawful use to other purposes, including terrorist‑related activities.

8561           If the holder is directed by the Minister to attend an interview that relates to the holder’s visa (including an interview with the Australian Security Intelligence Organisation), the holder must comply with the direction.

8562     (1)  The holder must not take up employment in:

                     (a)  occupations that involve the use of, or access to, weapons or explosives; or

                     (b)  occupations of a similar kind.

             (2)  In this clause:

weapon means a thing made or adapted for use for inflicting bodily injury.

8563     (1)  The holder must not undertake the following activities, or activities of a similar kind:

                     (a)  using or accessing weapons or explosives;

                     (b)  participating in training in the use of weapons or explosives;

                     (c)  possessing or accessing material or documentation that provides instruction on the use of weapons or explosives.

             (2)  In this clause:

weapon means a thing made or adapted for use for inflicting bodily injury.

8564           The holder must not engage in criminal conduct.

8565           The holder must notify Immigration of any change in the holder’s residential address within 28 days after the change occurs.

8566           If the person to whom the visa is granted has signed a code of behaviour that is in effect for the visa, the holder must not breach the code.

Note 1:       Some visas may be granted with or without an application (for example, see regulation 2.25).

Note 2:       The requirement to sign a code of behaviour may be imposed by public interest criterion 4022 or in accordance with section 195A of the Act.

8570           The holder must not:

                     (a)  enter a country by reference to which:

                              (i)  the holder was found to be a person in respect of whom Australia has protection obligations; or

                             (ii)  for a member of the family unit of another holder—the other holder was found to be a person in respect of whom Australia has protection obligations; or

                     (b)  enter any other country unless:

                              (i)  the Minister is satisfied that there are compassionate or compelling circumstances justifying the entry; and

                             (ii)  the Minister has approved the entry in writing.

8571           The holder must maintain an ongoing relationship with the nominating State or Territory government agency or the government of the State or Territory in which the agency is (or was) located.

8572           If requested in writing by the Minister to do so, the holder must undergo a medical assessment carried out by any of the following:

                     (a)  a Medical Officer of the Commonwealth;

                     (b)  a medical practitioner approved by the Minister;

                     (c)  a medical practitioner employed by an organisation approved by the Minister.

8573           The holder must not stay in Australia for more than 12 months in any period of 24 months.

8607     (1)  The holder must work only in the occupation (the nominated occupation) nominated by the nomination identified in the application for the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder.

             (2)  Unless subclause (3) applies, the holder must:

                     (a)  if the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder is in the Labour Agreement stream—work only for the person who nominated the nominated occupation; or

                     (b)  if the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder is in the Short‑term stream or Medium‑term stream and the person who nominated the nominated occupation was an overseas business sponsor at the time the nomination was approved—work only in a position in the person’s business; or

                     (c)  if the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder is in the Short‑term stream or Medium‑term stream and the person who nominated the nominated occupation was not an overseas business sponsor at the time the nomination was approved—work only in a position in the person’s business or a business of an associated entity of the person.

             (3)  This subclause applies if:

                     (a)  the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13); or

                     (b)  the holder is continuing to work for a person for the purpose of fulfilling a requirement under a law relating to industrial relations and relating to the giving of notice.

             (4)  Subject to subclause (6), the holder must commence work within:

                     (a)  if the holder was outside Australia when the visa was granted—90 days after the holder’s arrival in Australia; or

                     (b)  if the holder was in Australia when the visa was granted—90 days after the holder’s visa was granted.

             (5)  If the holder ceases employment, the period during which the holder ceases employment must not exceed 60 consecutive days.

             (6)  If the holder is required to hold a licence, registration or membership (an authorisation) that is mandatory to perform the nominated occupation in the location where the holder’s position is situated, the holder must:

                     (a)  hold the authorisation within:

                              (i)  if the holder was outside Australia when the visa was granted—90 days after the holder’s arrival in Australia; or

                             (ii)  if the holder was in Australia when the visa was granted—90 days after the holder’s visa was granted; and

                     (b)  continue to hold the authorisation while the holder is performing the occupation; and

                     (c)  notify Immigration, in writing, as soon as practicable if an application for the authorisation is refused; and

                     (d)  comply with each condition or requirement to which the authorisation is subject; and

                     (e)  not engage in work that is inconsistent with the authorisation, including any conditions or requirements to which the authorisation is subject; and

                      (f)  notify Immigration, in writing, as soon as practicable if the authorisation ceases to be in force or is revoked or cancelled.

Schedule 9Special entry and clearance arrangements

(regulations 3.01, 3.03, 3.06 and 3.06A)

Part 1Persons to whom special arrangements apply under section 166 of the Act

 

Column 1
Item

Column 2
Class of person

Column 3
Evidence of identity

Column 4
Passenger card required?

1

Members of the Royal Family

Passport

Yes

2

Members of the Royal party

Passport

Yes

4

SOFA forces members who arrive at an airport that is not a proclaimed port

Military identity documents and movement orders

No

5

SOFA forces members who arrive at an airport that is a proclaimed port

Military identity documents and movement orders

Yes

6

SOFA forces civilian component members who arrive at an airport that is not a proclaimed port

Passport and certificate that the person is a member of the civilian component of the armed forces of the relevant country

No

7

SOFA forces civilian component members who arrive at a proclaimed port

Passport and certificate that the person is a member of the civilian component of the armed forces of the relevant country

Yes

8

Asia‑Pacific forces members arriving at an airport that is not a proclaimed port

Military identity documents and movement orders

No

9

Asia‑Pacific forces members arriving at an airport that is a proclaimed port

Military identity documents and movement orders

Yes

10

Commonwealth forces members who arrive at an airport that is not a proclaimed port

Military identity documents and movement orders

No

11

Commonwealth forces members who arrive at an airport that is a proclaimed port

Military identity documents and movement orders

Yes

12

Foreign armed forces dependants who arrive at an airport that is not a proclaimed port

A passport and either:

(a) movement orders; or

(b) a certificate that the person is a spouse, de facto partner or dependant of a member of the armed forces, or the civilian component of the armed forces of the relevant country, and is accompanying or joining that member

No

13

Foreign armed forces dependants who arrive at an airport that is a proclaimed port

A passport and either:

(a) movement orders; or

(b) a certificate that the person is a spouse, de facto partner or dependant of a member of the armed forces, or the civilian component of the armed forces of the relevant country, and is accompanying or joining that member

Yes

14

Airline crew members

Passport and either:

(a) a valid airline identity card; or

(b) for a person who is an aircraft safety inspector:

(i) a valid government identity document showing that he or she is employed by a foreign government; or

(ii) an ICAO Safety Inspector Certificate

No

15

Airline positioning crew members

Passport and a letter from the person’s employer certifying that the person is an aircrew member and setting out the purpose of travel and the arrangements for the person to leave Australia

Yes

17

Non‑citizen in respect of whom the Minister has made a declaration under paragraph 33(2)(b) of the Act

Passport

Yes

21

Persons holding an Electronic Travel Authority (Class UD) visa

A passport that is an ETA‑eligible passport in relation to the Subclass of the Electronic Travel Authority (Class UD) visa held by the person

Yes

22

Person referred to in paragraph 1223A(1)(c) of Schedule 1, as in force before 23 March 2013, who holds a Temporary Business Entry (Class UC) visa

(a) a passport of a designated APEC economy; or

(b) in the case of a permanent resident of Hong Kong—any valid passport

Yes

22A

Persons holding a Subclass 600 (Visitor) visa granted on the basis of an application which was taken to have been validly made under regulation 2.07AA

(a) a passport of a designated APEC economy; or

(b) in the case of a permanent resident of Hong Kong—any valid passport

Yes

23

Persons holding:

(a) a visa granted on the basis of an Internet application; and

(b) either:

(i) a passport of a kind specified by the Minister in an instrument in writing for paragraph 1218(3)(d) of Schedule 1, as in force before 23 March 2013; or

(ii) a passport of a kind specified by the Minister in an instrument in writing for subparagraph 
1218(1)(b)(ii) of Schedule 1; or

The passport mentioned in column 2

Yes

 

(iii) a passport of a kind specified by the Minister in an instrument in writing for item 1 of the table in subitem 1236(4) of Schedule 1; or

(iv) a working holiday eligible passport within the meaning of subitem 1225(5) of Schedule 1

 

 

24

Persons holding a Visitor (Class TV) visa

A passport that is an eVisitor eligible passport in relation to the Subclass of the Visitor (Class TV) visa held by the person

Yes

Note:       Paragraph 33(2)(b) of the Act authorises the Minister to declare that persons, or persons in a particular class, are taken to have been granted special purpose visas.

Part 2Persons not required to comply with section 166 of the Act

1                 Transit passengers:

                     (a)  who belong to a class of persons specified in a legislative instrument made by the Minister for the purposes of paragraph 2.40(1)(n); and

                     (b)  who do not leave the airport transit lounge except to continue their journey

1A              A person:

                     (a)  to whom section 10 applies; and

                     (b)  who has not left the migration zone.

Note:          Section 10 of the Act provides that a child who was born in the migration zone, and was a non‑citizen when he or she was born, is taken to have entered Australia at birth. This item ensures that a newborn child is not required to give evidence of identity at the time of birth in the migration zone.

2                 Persons visiting Macquarie Island, if permission for the visit has been granted in writing before the visit by the Secretary to the Department of Primary Industries, Parks, Water and Environment of the State of Tasmania

3                 Australian citizens who form part of an Australian National Antarctic Research Expedition from an Australian Antarctic station, and who are returning to Australia on board a vessel owned or chartered by the Commonwealth

4                 SOFA forces members who:

                     (a)  enter Australia at a seaport; and

                     (b)  hold military identity documents and movement orders issued from an official source of the relevant country; and

                     (c)  are travelling to Australia in the course of their duty

5                 Asia‑Pacific forces members who:

                     (a)  enter Australia at a seaport; and

                     (b)  hold military identity documents and movement orders issued from an official source of the relevant country; and

                     (c)  are travelling to Australia in the course of their duty

6                 Commonwealth forces members who:

                     (a)  enter Australia at a seaport; and

                     (b)  hold military identity documents and movement orders issued from an official source of the relevant country; and

                     (c)  are travelling to Australia in the course of their duty

7                 Foreign naval forces members, if permission to enter the migration zone for the vessel of which they form part of the complement was given in advance by the Australian Government

8                 Guests of Government

9                 Indonesian traditional fishermen who have prescribed status under regulation 2.40

10               A designated foreign dignitary

Note:          See regulation 3.06A.

11               A person:

                     (a)  who is an Australian citizen, or holds one of the following types of visa that is in effect:

                              (i)  a permanent visa;

                             (ii)  a Subclass 400 (Temporary Work (Short Stay Specialist)) visa;

                            (iii)  a Subclass 457 (Temporary Work (Skilled)) visa;

                            (iv)  a Subclass 482 (Temporary Skill Shortage) visa; and

                     (b)  who is taken to enter Australia because paragraph 9A(3)(c) of the Act is satisfied in respect of the person; and

                     (c)  whose entry has been reported in writing to Immigration

Schedule 10Prescribed forms

(regulation 1.03)

Form 1Search Warrant—Valuables

(subregulation 5.32 (1))

COMMONWEALTH OF AUSTRALIA

Migration Act 1958

Search Warrant—Valuables

To (insert name of officer and capacity by virtue of which he or she is an officer within the meaning of the Act).

I, (name), the Secretary [or a delegate of the Secretary] of the Department of Immigration and Border Protection, authorise you, (insert name of officer), under subsection 223(14) of the Migration Act 1958 (the Act), at any time of the day or night, with such assistance, and using such reasonable force, as you think necessary:

     (a)   to enter and search any building, premises, vehicle, vessel or place in which you have reasonable cause to believe there may be found any valuables to which a notice in force under section 223 of the Act relates; and

     (b)   to seize any such valuables found in the course of such a search;

and for the purposes of the exercise of the foregoing powers, to stop any vehicle.

And for doing so this shall be your sufficient warrant.

This warrant remains in force for the period commencing on              20

and ending on                                      20  .

Dated                           20  .

                                                                       

                                                                        Secretary [or Delegate]

Form 2Search warrant

(subregulation 5.32 (2))

COMMONWEALTH OF AUSTRALIA

Migration Act 1958

Search Warrant

To (insert name of officer and capacity by virtue of which he or she is an officer within the meaning of the Act).

I, (name), the Secretary [or a delegate of the Secretary] of the Department of Immigration and Border Protection or the Australian Border Force Commissioner [or a delegate of the Australian Border Force Commissioner], authorise you, under subsection 251(4) of the Migration Act 1958 (the Act), at any time of the day or night, with such assistance as you think necessary, to enter and search any building, premises, vehicle, vessel or place in which you have reasonable cause to believe there may be found:

     (a)   an unlawful non‑citizen, a removee or a deportee, within the meaning of the Act; or

     (b)   a person to whom a temporary visa under the Act has been issued subject to a condition with respect to the work to be performed by that person; or

     (c)   any document, book or paper relating to the entry or proposed entry into Australia of a person in circumstances in which that person:

            (i)    would have become a prohibited immigrant within the meaning of the Act as in force from time to time before the commencement of the Migration Amendment Act 1983; or

            (ii)   would have become a prohibited non‑citizen within the meaning of the Act as in force from time to time after the commencement of the Migration Amendment Act 1983 but before the commencement of section 4 of the Migration Legislation Amendment Act 1989; or

            (iii)  would have become an illegal entrant within the meaning of the Act as in force from time to time after the commencement of section 4 of the Migration Legislation Amendment Act 1989 but before commencement of section 7 of the Migration Reform Act 1992; or

            (iv)  would have become, or would become, an unlawful non‑citizen; or

     (d)   any passport or document of identity of, or any ticket for the conveyance from a place within Australia to a place outside Australia of, an unlawful non‑citizen, a removee or a deportee, within the meaning of the Act;

and to seize any such document, book, paper, passport, document of identity or ticket, as the case may be, and to impound and detain it for such time as you think necessary, and for the purposes of the exercise of the foregoing powers to stop any vessel or vehicle and to use such reasonable force as is necessary.

And for doing so this shall be your sufficient warrant.

This warrant remains in force for the period commencing on              20 

and ending on                          20  .

Dated                           20  .

¼¼¼¼¼¼¼¼¼¼¼¼¼¼           Secretary or Australian Border Force
                                                                Commissioner [or Delegate]

Form 3Document issued in accordance with Annex 9 of the ICAO Convention on International Civil Aviation

(regulation 5.33)

COMMONWEALTH OF AUSTRALIA

Migration Act 1958

 

DOCUMENT ISSUED IN ACCORDANCE WITH ANNEX 9 OF THE ICAO CONVENTION ON INTERNATIONAL CIVIL AVIATION

This document is issued by the Australian Government under subsection 274(3) of the Migration Act 1958 of the Commonwealth of Australia.

TO:      Immigration or appropriate

authority:……………………………………………………… 

Airport:………………………………………….          

Country: ………………………………………………………. 

            Attach

            photograph

            (if available)

The person to whom this document is issued is claiming the following identity:

Surname:         …………………………………………………………….......

Given Name(s):           ………………………………………………………...

Date of Birth:   …………………………...Place of Birth: ..............................

Nationality:      …………………………………………………………………

Residence:   ………………………………………………………………………

           

This person arrived in Australia on………….. at……………Airport on flight number……………from…………………………Airport.

The person named in this document:

*is being removed from Australia/*is being deported from Australia/*was

refused immigration clearance after entering Australia

and the incoming carrier has been instructed to remove *him/*her from the territory of Australia on flight number……………..departing at…………

hours on……………………..from…………………… Airport.

At the time of entry to Australia this person was:

*   (1)   Not in possession of any *travel/*identification documentation.

*    (2)   In possession of the *photocopied/*attached documentation.

……… A brief description of the offending documentation follows—

……….* fraudulent/*falsified/*counterfeit

……….* passport/*identity card/*other document

……….Number:…………………………………….    

            Country in whose name documentation was issued:.......................

*   (3)   In possession of documentation that has been impounded for return

            to the appropriate authorities of the issuing country.

*   (4)   In possession of valid *travel/*identification documentation that has

            since expired and cannot be renewed.

According to Annex 9 of the ICAO Convention on International Civil Aviation, the last country in which a passenger previously stayed and most recently travelled from, is invited to accept *him/*her for re‑examination when *he/*she has been refused admission to another country.

I, …………………………………………, a delegate of the Secretary or the Australian Border Force Commissioner, issue this document under subsection 274(3) of the Migration Act 1958.

Signature and Official Title:…………………………………………………..

Date:……………………………….

Airport:……………………………………………………

Country: Australia

Telephone:………………………………..        Telex:………………………

Facsimile: …………………………………………….. 

*delete as appropriate