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)                                                            17
Subclass 820—Partner                                                                                                     22
Subclass 835—Remaining Relative                                                                          32
Subclass 836—Carer                                                                                                         36
Subclass 837—Orphan Relative                                                                                 40
Subclass 838—Aged Dependent Relative                                                             44
Subclass 851—Resolution of Status                                                                         48
Subclass 852—Referred Stay (Permanent)                                                         51
Subclass 858—Global Talent                                                                                       54
Subclass 864—Contributory Aged Parent                                                          59
Subclass 866—Protection                                                                                               69
Subclass 870—Sponsored Parent (Temporary)                                               73
Subclass 884—Contributory Aged Parent (Temporary)                            77
Subclass 887—Skilled—Regional                                                                              85
Subclass 888—Business Innovation and Investment (Permanent)       91
Subclass 890—Business Owner                                                                                104
Subclass 891—Investor                                                                                                  109
Subclass 892—State/Territory Sponsored Business Owner                    113
Subclass 893—State/Territory Sponsored Investor                                     120
Subclass 988—Maritime Crew                                                                                  124
Subclass 995—Diplomatic (Temporary)                                                             130
Schedule 3—Additional criteria applicable to unlawful non‑citizens and certain bridging visa holders                                        132
Schedule 4—Public interest criteria and related provisions  135
Part 1—Public interest criteria                                                                                 135
Part 2—Conditions applicable to certain subclasses of visas for the purposes of subclause 4013(2)                                                                                           144
Part 3—Requirements for public interest criterion 4019                         145
3.1......................... Values statement............................................................. 145
Part 4—Requirements for public interest criterion 4022                         146
4.1......................... Code of behaviour.......................................................... 146
Schedule 5—Special return criteria                                                        147
Schedule 6D—General points test for General Skilled Migration visas mentioned in subregulation 2.26AC(1)             149
Part 6D.1—Age qualifications                                                                                   149
Part 6D.2—English language qualifications                                                     150
Part 6D.3—Overseas employment experience qualifications                 151
Part 6D.4—Australian employment experience qualifications             152
Part 6D.5—Aggregating points for employment experience qualifications          153
Part 6D.6—Australian professional year qualifications                            154
Part 6D.7—Educational qualifications                                                                155
Part 6D.7A—Specialist educational qualifications                                       156
Part 6D.8—Australian study qualifications                                                      157
Part 6D.9—Credentialled community language qualifications             158
Part 6D.10—Study in designated regional area qualification                159
Part 6D.11—Partner qualifications                                                                       160
Part 6D.12—State or Territory nomination qualifications                      161
Part 6D.13—Designated regional area nomination or sponsorship qualifications            162
Schedule 7A—Business innovation and investment points test—attributes and points (Business Skills (Provisional) (Class EB) visas)   163
Part 7A.1—Definitions                                                                                                   163
Part 7A.2—Age qualifications                                                                                   164
Part 7A.3—English language qualifications                                                     165
Part 7A.4—Educational qualifications                                                                166
Part 7A.5—Business experience qualifications—Business Innovation stream only         167
Part 7A.6—Investor experience qualifications—Investor stream only 168
Part 7A.7—Financial asset qualifications                                                           169
Part 7A.8—Business turnover qualifications                                                   170
Part 7A.9—Business innovation qualifications                                               171
Part 7A.10—Special endorsement qualifications                                           173
Schedule 8—Visa conditions                                                                          174
Schedule 9—Special entry and clearance arrangements 195
Part 1—Persons to whom special arrangements apply under section 166 of the Act     195
Part 2—Persons not required to comply with section 166 of the Act 198
Schedule 10—Prescribed forms                                                                  200
Form 1—Search Warrant—Valuables                                                                200
Form 2—Search warrant                                                                                             201
Form 3—Document issued in accordance with Annex 9 of the ICAO Convention on International Civil Aviation                                                                     203
Form 4—Identity card                                                                                                   205
Schedule 13—Transitional arrangements                                       206
Part 1—Amendments made by Migration Amendment Regulation 2012 (No. 2)             206
101........................ Operation of Schedule 1................................................. 206
102........................ Operation of Schedule 2................................................. 206
Part 2—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 2)                                                                                                                                   207
201........................ Operation of Schedule 1................................................. 207
Part 3—Amendments made by Migration Amendment Regulation 2012 (No. 3)             208
301........................ Operation of Schedule 1................................................. 208
Part 4—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 3)                                                                                                                                   209
401........................ Operation of amendments............................................... 209
Part 5—Amendments made by Migration Amendment Regulation 2012 (No. 5)             210
501........................ Operation of Schedule 1................................................. 210
Part 6—Amendments made by the Migration Legislation Amendment Regulation 2012 (No. 4)                                                                                                                    211
601........................ Operation of Schedule 1................................................. 211
602........................ Operation of Schedule 2................................................. 211
603........................ Operation of Schedule 3................................................. 211
Part 7—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 5)                                                                                                                                   212
701........................ Operation of amendments............................................... 212
Part 8—Amendments made by Migration Amendment Regulation 2012 (No. 7)             213
801........................ Operation of Schedule 1................................................. 213
Part 10—Amendments made by the Migration Amendment Regulation 2012 (No. 8)  214
1001...................... Operation of amendments............................................... 214
Part 12—Amendments made by the Migration Amendment Regulation 2013 (No. 1)  215
1201...................... Operation of Schedules 1 to 7......................................... 215
Part 13—Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 1)                                                                                                                    216
1301...................... Operation of Schedule 1................................................. 216
1302...................... Operation of Schedule 2................................................. 216
1303...................... Operation of Schedule 3................................................. 216
1304...................... Operation of Schedule 4................................................. 217
Part 14—Amendments made by Migration Amendment Regulation 2013 (No. 2)          218
1401...................... Operation of Schedule 1................................................. 218
Part 15—Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 2)                                                                                                                    219
1501...................... Operation of Schedule 1................................................. 219
Part 16—Amendments made by the Migration Amendment (Permanent Protection Visas) Regulation 2013                                                                                              220
1601...................... Operation of Schedule 1................................................. 220
Part 16A—Amendments made by the Migration Amendment (Subclass 050 and Subclass 051 Visas) Regulation 2013                                                                      221
16A01................... Operation of Schedule 1................................................. 221
Part 17—Amendments made by the Migration Amendment (Visa Application Charge and Related Matters) Regulation 2013                                                       222
1701...................... Operation of Schedule 1................................................. 222
Part 19—Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 3)                                                                                                                    223
1901...................... Operation of Schedule 1................................................. 223
1902...................... Operation of Schedule 2................................................. 223
1903...................... Operation of Schedule 3................................................. 223
1904...................... Operation of Schedule 4................................................. 224
1905...................... Operation of Schedule 5................................................. 225
1906...................... Operation of Schedule 6................................................. 225
1907...................... Operation of Schedule 7................................................. 225
1908...................... Operation of Schedule 8................................................. 225
1909...................... Operation of Schedule 9................................................. 225
Part 20—Amendments made by the Migration Amendment Regulation 2013 (No. 5)  226
2001...................... Operation of Schedule 1................................................. 226
Part 22—Amendments made by the Migration Amendment (Skills Assessment) Regulation 2013                                                                                              228
2201...................... Operation of Schedule 1................................................. 228
Part 23—Amendments made by the Migration Amendment (Visa Application Charge and Related Matters No. 2) Regulation 2013                                          229
2301...................... Operation of Schedule 1................................................. 229
Part 24—Amendments made by the Migration Amendment (Internet Applications and Related Matters) Regulation 2013                                                       230
2401...................... Operation of Schedule 1................................................. 230
Part 25—Amendments made by the Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013                                                                    231
2501...................... Operation of Schedule 1................................................. 231
Part 27—Amendments made by the Migration Amendment (2014 Measures No. 1) Regulation 2014                                                                                              232
2701...................... Operation of Schedules 1 to 3......................................... 232
2702...................... Operation of Schedule 4................................................. 232
2703...................... Operation of Schedule 5................................................. 232
Part 28—Amendments made by the Migration Amendment (Redundant and Other Provisions) Regulation 2014                                                                    233
2801...................... Operation of Schedule 1................................................. 233
Part 29—Amendments made by the Migration Amendment (Credit Card Surcharge) Regulation 2014                                                                                              234
2901...................... Operation of Schedule 1................................................. 234
Part 31—Amendments made by the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014                                                                               235
3101...................... Operation of Schedule 1................................................. 235
3102...................... Operation of Schedules 2 and 3...................................... 235
3103...................... Operation of Schedule 5................................................. 235
3104...................... Operation of Schedule 7................................................. 235
Part 32—Amendments made by the Migration Amendment (Credit Card Surcharge Additional Measures) Regulation 2014                                            236
3201...................... Operation of Schedule 1................................................. 236
Part 33—Amendments made by the Migration Amendment (Temporary Graduate Visas) Regulation 2014                                                                                              237
3301...................... Operation of Part 1 of Schedule 1................................... 237
Part 34—Amendments made by the Migration Amendment (Bridging Visas) Regulation 2014                                                                                              238
3401...................... Operation of Part 1 of Schedule 1................................... 238
Part 35—Amendments made by the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014                                                                               239
3501...................... Operation of Schedule 1................................................. 239
3502...................... Operation of Schedules 2 and 3...................................... 239
3503...................... Operation of Schedule 4................................................. 239
3504...................... Operation of Schedule 5................................................. 239
3505...................... Operation of Schedule 7................................................. 239
Part 37—Amendments made by the Migration Amendment (Subclass 050 Visas) Regulation 2014                                                                                              240
3701...................... Operation of Part 1 of Schedule 1................................... 240
Part 38—Amendments made by the Migration Amendment (2014 Measures No. 2) Regulation 2014                                                                                              241
3801...................... Operation of Schedule 1................................................. 241
3802...................... Operation of Schedule 2................................................. 241
3803...................... Operation of Schedule 3................................................. 241
Part 39—Amendments made by the Migration Amendment (Partner Visas) Regulation 2014                                                                                                                                   242
3901...................... Operation of Part 1 of Schedule 1................................... 242
Part 40—Amendments made by the Migration Amendment (Resolving the Asylum Legacy Caseload) Regulation 2015                                                                       243
4001...................... Operation of Schedule 2................................................. 243
Part 41—Amendments made by the Migration Amendment (2015 Measures No. 1) Regulation 2015                                                                                              244
4101...................... Operation of Schedule 1................................................. 244
4102...................... Operation of Schedule 2................................................. 244
4103...................... Operation of Schedule 3................................................. 244
4104...................... Operation of Schedule 4................................................. 244
4105...................... Operation of Schedule 5................................................. 244
4106...................... Operation of Schedule 6................................................. 245
Part 42—Amendments made by the Migration Amendment (Protection and Other Measures) Regulation 2015                                                                      246
4201...................... Operation of Schedule 1................................................. 246
Part 43—Amendments made by the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015                                                                               247
4301...................... Operation of Schedule 1................................................. 247
4302...................... Operation of Schedule 5................................................. 247
4303...................... Operation of Schedule 7................................................. 247
4304...................... Operation of Schedule 9................................................. 247
Part 44—Amendments made by the Migration Amendment (Investor Visas) Regulation 2015                                                                                                                                   248
4401...................... Operation of Schedule 1................................................. 248
Part 45—Amendments made by the Migration Amendment (Visa Labels) Regulation 2015                                                                                                                                   249
4501...................... Operation of Schedule 1................................................. 249
Part 46—Amendments made by the Migration Amendment (Conversion of Protection Visa Applications) Regulation 2015                                                               250
4601...................... Operation of Schedule 1................................................. 250
Part 47—Amendments made by the Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015                       251
4701...................... Operation of Schedule 1................................................. 251
Part 48—Amendments made by the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015                                                                               252
4801...................... Operation of Schedules 1 to 4......................................... 252
4802...................... Operation of Schedule 5................................................. 252
4803...................... Operation of Schedule 6................................................. 252
Part 49—Amendments made by the Migration Amendment (Clarifying Subclass 457 Requirements) Regulation 2015                                                            253
4901...................... Operation of amendments............................................... 253
Part 50—Amendments made by the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014             254
5000...................... Operation of Divisions 1 and 3 of Part 4 of Schedule 2. 254
Part 51—Amendments made by the Migration Amendment (Charging for a Migration Outcome and Other Measures) Regulation 2015                       255
5101...................... Operation of Schedule 1................................................. 255
Part 52—Amendments made by the Migration Legislation Amendment (2015 Measures No. 4) Regulation 2015                                                                               256
5201...................... Operation of Schedule 1................................................. 256
5202...................... Operation of Schedule 2................................................. 256
Part 53—Amendments made by the Migration Amendment (Priority Consideration of Certain Visa Applications) Regulation 2016                                 258
5301...................... Operation of Schedule 1................................................. 258
Part 54—Amendments made by the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016                                                                               259
5401...................... Operation of Schedule 1................................................. 259
5402...................... Operation of Schedule 2................................................. 259
5403...................... Operation of Schedule 3................................................. 260
5404...................... Operation of Schedule 4................................................. 260
Part 55—Amendments made by the Migration Legislation Amendment (2016 Measures No. 3) Regulation 2016                                                                               261
5501...................... Operation of Schedule 1................................................. 261
5502...................... Operation of Schedules 2 and 3...................................... 261
5503...................... Operation of Schedule 4................................................. 261
5504...................... Operation of Schedule 6................................................. 261
Part 56—Amendments made by the Migration Amendment (Entrepreneur Visas and Other Measures) Regulation 2016                                                                      262
5601...................... Operation of Schedule 1................................................. 262
Part 57—Amendments made by the Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016                                                                               263
5701...................... Operation of Schedule 1................................................. 263
5702...................... Operation of Schedule 2................................................. 263
5703...................... Operation of Schedule 3................................................. 263
5704...................... Operation of Schedule 4................................................. 263
Part 58—Amendments made by the Migration Legislation Amendment (2016 Measures No. 5) Regulation 2016                                                                               264
5801...................... Operation of Schedule 1................................................. 264
5802...................... Operation of Schedule 2................................................. 264
Part 59—Amendments made by the Treasury Laws Amendment (Working Holiday Maker Reform) Act 2016                                                                                          265
5901...................... Operation of Schedule 1................................................. 265
Part 60—Amendments made by the Migration Amendment (Temporary Activity Visas) Regulation 2016                                                                                              266
6001...................... Operation of Parts 3 and 4 of Schedule 1....................... 266
6002...................... Operation of Parts 5 and 6 of Schedule 1....................... 266
Part 61—Amendments made by the Migration Amendment (Working Holiday Maker Visa Application Charges) Regulations 2017                                           268
6101...................... Operation of Schedule 1................................................. 268
Part 62—Amendments made by the Migration Legislation Amendment (2017 Measures No. 1) Regulations 2017                                                                             269
6201...................... Operation of Schedule 1................................................. 269
6202...................... Operation of Schedule 2................................................. 269
Part 63—Amendments made by Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017                                                                                            270
6301...................... Amendments relating to Subclass 189 (Skilled—Independent) visas     270
6302...................... Operation of Schedule 2................................................. 270
Part 64—Amendments made by the Migration Amendment (Visa Application Charges) Regulations 2017                                                                                            271
6401...................... Operation of amendments............................................... 271
Part 65—Amendments made by the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017                                                                             272
6501...................... Operation of Schedule 1................................................. 272
6502...................... Operation of Schedule 2................................................. 272
6503...................... Operation of Schedule 3................................................. 272
6504...................... Operation of Schedule 5................................................. 272
6505...................... Operation of Schedule 6................................................. 272
6506...................... Operation of Schedule 8................................................. 273
6507...................... Operation of Schedule 9................................................. 273
6508...................... Operation of Schedule 11............................................... 274
Part 66—Amendments made by the Migration Amendment (Specification of Occupations) Regulations 2017                                                                                            275
6601...................... Application of instruments made for purposes of paragraph 2.72(10)(aa)Â Â Â Â Â Â Â Â Â Â Â Â Â Â 275
Part 67—Amendments made by the Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) Regulations 2018             276
6701...................... Definitions...................................................................... 276
6702...................... Application provisions in relation to visa applications.... 276
6703...................... Application provision in relation to adverse information and adverse supporter information........................................................................................ 276
6704...................... Application and transitional provisions in relation to amendments of Part 2AÂ Â Â Â Â Â Â Â 277
6705...................... Application provisions in relation to nominations under regulation 5.19 279
Part 68—Amendments made by the Migration Legislation Amendment (2018 Measures No. 1) Regulations 2018                                                                             280
6801...................... Operation of Schedule 1................................................. 280
6802...................... Operation of Schedule 2................................................. 280
Part 69—Amendments made by the Migration Amendment (Offshore Resources Activity) Regulations 2018                                                                                            281
6901...................... Operation of Schedule 1................................................. 281
Part 70—Amendments made by the Migration Amendment (Investor Retirement Visa) Regulations 2018                                                                                            282
7001...................... Operation of Schedule 1................................................. 282
Part 71—Amendments made by the Home Affairs Legislation Amendment (2018 Measures No. 1) Regulations 2018                                                                             283
7101...................... Operation of Schedule 1................................................. 283
7102...................... Operation of Schedule 2................................................. 283
Part 72—Amendments made by the Migration Amendment (Visa Application Charges) Regulations 2018                                                                                            284
7201...................... Operation of amendments............................................... 284
Part 73—Amendments made by the Migration Amendment (Pacific Labour Scheme) Regulations 2018                                                                                            285
7301...................... Operation of Schedule 1................................................. 285
Part 74—Amendments made by the Court and Tribunal Legislation Amendment (Fees and Juror Remuneration) Regulations 2018                                          286
7401...................... Operation of Schedule 1................................................. 286
Part 75—Amendments made by the Migration Amendment (Machinery of Government) Regulations 2018                                                                                            287
7501...................... Operation of Schedule 1................................................. 287
Part 76—Amendments made by the Migration Amendment (Skilling Australians Fund) Regulations 2018                                                                                            288
7601...................... Definitions...................................................................... 288
7602...................... Operation of amendments............................................... 288
Part 78—Amendments made by the Migration Amendment (Pathway to Permanent Residence for Retirees) Regulations 2018                                       289
7801...................... Operation of Schedule 1................................................. 289
Part 80—Amendments made by the Migration Amendment (Enhanced Integrity) Regulations 2018                                                                                            290
8001...................... Operation of Part 2 of Schedule 1................................... 290
Part 81—Amendments made by the Migration Amendment (New Skilled Regional Visas) Regulations 2019                                                                                            291
8101...................... Transitional provisions in relation to Subclass 187 (Regional Sponsored Migration Scheme) visa................................................................................. 291
Part 82—Amendments made by the Migration Amendment (Chest X‑ray Requirements) Regulations 2019                                                                                            293
8201...................... Operation of Schedule 1................................................. 293
Part 84—Amendments made by the Migration Amendment (Working Holiday Maker) Regulations 2019                                                                                            294
8401...................... Operation of Schedule 1................................................. 294
Part 85—Amendments made by the Migration Amendment (Temporary Sponsored Parent Visa and Other Measures) Regulations 2019                                295
8501...................... Definitions...................................................................... 295
8502...................... Operation of Schedule 3................................................. 295
Part 86—Amendments made by the Migration Amendment (Visa Application Charges) Regulations 2019                                                                                            297
8601...................... Operation of Part 1 of Schedule 1................................... 297
8602...................... Operation of Part 2 of Schedule 1................................... 297
Part 87—Amendments made by the Home Affairs Legislation Amendment (2019 Measures No. 1) Regulations 2019                                                                             298
8701...................... Operation of Schedule 2................................................. 298
Part 88—Amendments made by the Migration Amendment (Subclass 600 and 870 Visas) Regulations 2019                                                                                            299
8801...................... Operation of Schedule 1................................................. 299
8802...................... Operation of Schedule 2................................................. 299
Part 89—Amendments made by the Home Affairs Legislation Amendment (2020 Measures No. 1) Regulations 2020                                                                             300
8901...................... Operation of Schedule 2................................................. 300
Part 90—Amendments made by the Migration Amendment (Hong Kong Passport Holders) Regulations 2020                                                                                            301
9001...................... Subclass 457 visas.......................................................... 301
9002...................... Subclass 482 visas granted before 9 July 2020.............. 301
9003...................... Subclass 482 visas granted on or after 9 July 2020........ 302
9004...................... Subclass 485 visas granted before 9 July 2020.............. 302
Part 91—Amendments made by the Migration Amendment (COVID‑19 Concessions) Regulations 2020                                                                                            304
9101...................... Operation of Parts 2, 3 and 4 of Schedule 1................... 304
9102...................... Operation of Part 5 of Schedule 1................................... 304
Part 92—Amendments made by the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations 2020                                                                             305
Division 1—Operation of Schedule 1                                                              305
9201...................... Operation of Schedule 1................................................. 305
Division 2—Operation of Schedule 2                                                              307
9202...................... Operation of Part 1 of Schedule 2................................... 307
9203...................... Operation of Part 2 of Schedule 2................................... 307
Division 3—Transitional provisions relating to Subclass 417 and 462 visas     308
9204...................... Definitions...................................................................... 308
9205...................... Transitional provision—applicants for second Subclass 417 visas who carried out specified Subclass 417 work under COVID‑19 pandemic event visas 309
9206...................... Transitional provision—applicants for third Subclass 417 visas who carried out specified Subclass 417 work under COVID‑19 pandemic event visas 310
9207...................... Transitional provision—applicants for second Subclass 462 visas who carried out specified Subclass 462 work under COVID‑19 pandemic event visas 311
9208...................... Transitional provision—applicants for third Subclass 462 visas who carried out specified Subclass 462 work under COVID‑19 pandemic event visas 312
Part 93—Amendments made by the Migration Amendment (Temporary Graduate Visas) Regulations 2020                                                                                            314
9301...................... Operation of Schedule 2................................................. 314
9302...................... Operation of Schedule 1................................................. 314
9303...................... Living, working and studying in a regional centre or other regional area 314
9304...................... Living, working and studying in a designated regional area 314
Part 94—Amendments made by the Migration Amendment (Subclass 189 Visas) Regulations 2021                                                                                            315
9401...................... Operation of Schedule 1................................................. 315
Part 95—Amendments made by the Migration Amendment (2021 Measures No. 1) Regulations 2021                                                                                            316
9501...................... Operation of Schedule 2 (Subclass 300 (Prospective Marriage) visas)Â Â Â 316
9502...................... Operation of Schedule 4 (Distinguished Talent (Class BX) visas)Â Â Â Â Â Â Â Â Â 316
9503...................... Transitional provision—Subclass 124 (Distinguished Talent) visas and Subclass 858 (Distinguished Talent) visas........................................... 316
Part 96—Amendments made by the Migration Amendment (Bridging Visa Conditions) Regulations 2021                                                                                            317
9601...................... Operation of Schedule 1................................................. 317
Part 97—Amendments made by the Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021                                                                                            318
9701...................... Application of amendments............................................ 318
Part 98—Amendments made by the Migration Amendment (Visa Application Charges) Regulations 2021                                                                                            319
9801...................... Operation of Part 1 of Schedule 1................................... 319
Part 99—Amendments made by the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021                                                                             320
9901...................... Operation of Schedule 1 (Business Innovation and Investment Program)Â Â Â Â Â Â Â Â Â Â Â Â Â Â 320
9902...................... Operation of Schedule 2 (working holiday maker visas) 320
9903...................... Operation of Schedule 3 (bridging visa amendments).... 320
Part 100—Amendments made by the Migration Amendment (Merits Review) Regulations 2021                                                                                            321
10001.................... Operation of Schedule 1................................................. 321
Part 101—Amendments made by the Migration Legislation Amendment (Hong Kong) Regulations 2021                                                                                            322
Division 1—Amendments made by Schedule 1                                           322
10101.................... Subclass 457 visas.......................................................... 322
10102.................... Subclass 482 visas granted before 9 July 2020.............. 322
10103.................... Subclass 482 visas granted on or after 9 July 2020........ 323
10104.................... Subclass 485 visas granted before 9 July 2020.............. 323
10105.................... Subclass 485 visas granted on or after 9 July 2020 and before 3 November 2021Â 324
Division 2—Amendments made by Schedule 2                                           325
10106.................... Subclass 457 visa holders............................................... 325
Part 102—Amendments made by the Migration Amendment (Humanitarian Response to Events in Afghanistan) Regulations 2021                                       326
10201.................... Operation of Schedule 1................................................. 326
10202.................... Applications for Refugee and Humanitarian (Class XB) visas made before commencement........................................................................................ 326
Part 103—Amendments made by the Migration Amendment (Extension of Temporary Graduate and Skilled Regional Provisional Visas) Regulations 2022    327
10301.................... Operation of Schedule 1................................................. 327
10302.................... Operation of Schedule 2................................................. 327
Part 104—Amendments made by the Migration Amendment (Pacific Australia Labour Mobility) Regulations 2022                                                                      328
10401.................... Operation of Part 2 of Schedule 1................................... 328
Part 105—Amendments made by the Migration Amendment (2022 Measures No. 1) Regulations 2022                                                                                            329
10501.................... Operation of Schedule 1 (Subclass 500 (Student) visas) 329
10502.................... Operation of Schedule 2 (Subclass 445 (Dependent Child) visas)Â Â Â Â Â Â Â Â Â Â 329
10503.................... Operation of Schedule 3 (Subclass 155 and 157 (Resident Return) visas)Â Â Â Â Â Â Â Â Â Â Â Â Â 329
Part 106—Amendments made by the Migration Amendment (Subclass 417 and 462 Visas) Regulations 2022                                                                                            330
10601.................... Operation of Part 1 of Schedule 1................................... 330
Part 107—Amendments made by the Migration Amendment (2022 Measures No. 2) Regulations 2022                                                                                            331
10701.................... Operation of Schedule 1 (Subclass 476 (Skilled—Recognised Graduate) visas)    331
10702.................... Operation of Schedule 2 (Electronic Travel Authority (Class UD) visas)Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 331
10703.................... Operation of Schedule 3 (Temporary Skill Shortage (Class GK) visas)Â 331
Part 108—Amendments made by the Migration Amendment (Protecting Australia’s Critical Technology) Regulations 2022 and Migration Amendment (Postgraduate Research in Critical Technology—Student Visa Conditions) Regulations 2022   332
10801.................... Operation of amendments relating to Subclass 500 (Student) visas        332
10802.................... Operation of Part 2 of Schedule 1 (public interest criterion and visa cancellation)Â Â 332
Part 109—Amendments made by the Home Affairs Legislation Amendment (2022 Measures No. 1) Regulations 2022                                                                             333
10901.................... Operation of Schedule 2 (New Zealand Citizen Family Relationship (Temporary) visas)........................................................................................ 333
Part 110—Amendments made by the Migration Amendment (Visa Application Charges) Regulations 2022                                                                                            334
11001.................... Operation of Part 1 of Schedule 1................................... 334
Part 111—Amendments made by the Migration Amendment (Subclass 485 (Temporary Graduate) Visa Replacement Stream and Other Measures) Regulations 2022                                                                                                                                   335
11101.................... Operation of amendments............................................... 335
Part 112—Amendments made by the Migration Amendment (Subclass 202 Visas) Regulations 2022                                                                                            336
11201.................... Operation of Part 1 of Schedule 1 (Subclass 202 (Global Special Humanitarian) visas)........................................................................................ 336
11202.................... Transitional provision—application for Subclass 202 (Global Special Humanitarian) visa made on or after 1 July 2022.......................................... 336
11203.................... Operation of Part 2 of Schedule 1 (Subclass 202 (Global Special Humanitarian) visas)........................................................................................ 336
Part 113—Amendments made by the Migration Amendment (Subclass 100 and 309 Visas) Regulations 2022                                                                                            337
11301.................... Operation of Schedule 1 (Subclasses 100 (Partner) and 309 (Partner (Provisional)) visas)........................................................................................ 337
Schedule 2—Provisions with respect to the grant of Subclasses of visas
Subclass 802—Child
802.1—Interpretation
802.111Â
                 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:Â Â Â Â Â Â Â Â Â eligible New Zealand citizen is defined in regulation 1.03.
802.2—Primary criteria
Note:Â Â Â Â Â Â Â Â Â 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
802.211Â
                  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.
802.212Â
            (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.
802.213Â
            (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.
802.214Â
            (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.
802.215Â
                  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).
802.216Â
                  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
802.221Â
            (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.
802.222Â
                  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.
802.223Â
                  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.
802.224Â
            (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.
802.225Â
                  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
802.226Â
                  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.
802.226AÂ
            (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:Â Â Â Â Â Â Â Â Â 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
802.311Â
                  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.
802.312Â
                  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
802.321Â
                  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.
802.322Â
                  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.
802.323Â
                  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.
802.324Â
                  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
802.325Â
                  The sponsorship mentioned in clause 802.312 has been approved by the Minister and is still in force.
802.326Â
                  The applicant satisfies public interest criteria 4020 and 4021.
802.327Â
                  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.
802.328Â
            (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
802.411Â
                  The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
802.5—When visa is in effect
802.511Â
                  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 804—Aged Parent
804.1—Interpretation
804.111Â
                  In this Part:
adult child, in relation to an applicant, means a child of the applicant who has turned 18.
Note:Â Â Â Â Â Â Â Â Â Aged parent, eligible New Zealand citizen and outstanding are defined in regulation 1.03.
804.2—Primary criteria
Note:Â Â Â Â Â Â Â Â Â 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
804.211Â
            (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.
804.212Â
            (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.
804.213Â
                  If the applicant is not the holder of a substantive visa, the applicant satisfies Schedule 3 criterion 3002.
804.214Â
                  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
804.221Â
                  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).
804.222Â
                  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.
804.224Â
                  The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
804.225Â
                  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 |
804.226Â
            (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 |
804.227Â
                  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.
804.228Â
                  If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
804.3—Secondary criteria
Note:Â Â Â Â Â Â Â Â Â 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
804.311Â
                  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.
804.312Â
                  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
804.321Â
                  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.
804.322Â
                  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 |
804.323Â
                  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.
804.324Â
                  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
804.325Â
                  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.
804.326Â
                  If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
804.4—Circumstances applicable to grant
804.411Â
            (1) Unless subclause (2) of this clause applies to the visa, the applicant must be in Australia, but not in immigration clearance, when the visa is granted.
            (2) This subclause applies to a visa if:
                    (a) the application for the visa was made before 24 March 2021; and
                    (b) the applicant for the visa was outside Australia on 24 March 2021; and
                    (c) the visa is granted after 23 March 2021; and
                    (d) the visa is granted before the end of the concession period described in subregulation 1.15N(1); and
                    (e) the applicant for the visa is not in immigration clearance.
Note:Â Â Â Â Â Â Â Â Â The second instalment of the visa application charge must be paid before the visa can be granted.
804.5—When visa is in effect
804.511Â
                  Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
804.6—Conditions:  Nil.
Subclass 808—Confirmatory (Residence)
808.1—Interpretation
Note:Â Â Â Â Â Â Â Â Â No interpretation provisions specific to this Part.
808.2—Primary criteria
808.21—Criteria to be satisfied at time of application
808.211AÂ
                  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).
808.211Â
                  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.
808.212Â
                  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.
808.213Â
            (1) This clause applies if paragraph 1111(2A)(b), (c) or (d) of Schedule 1 covers the application.
Note:Â Â Â Â Â Â Â Â Â 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:Â Â Â Â Â Â 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:Â Â Â Â Â Â Condition 8105 is not imposed on the visa.
808.22—Criteria to be satisfied at time of decision
808.221AÂ
                  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).
808.221Â
                  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.
808.222Â
                  The applicant satisfies public interest criterion 4021.
808.223Â
            (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
808.311Â
                  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
808.321Â
            (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
808.411AÂ
                  The applicant satisfies clause 808.411 or 808.412 (which applies to some former holders of Norfolk Island immigration permits).
808.411Â
                  The applicant must be inside Australia, but not in immigration clearance when the visa is granted.
Note:Â Â Â Â Â Â Â Â Â The second instalment of the visa application charge (if any), must be paid before the visa can be granted.
808.412Â
            (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
808.511Â
                  Visa granted on basis of satisfaction of paragraph 808.211(a) or (c): permanent visa.
808.512Â
                  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.
808.513Â
            (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 820—Partner
820.1—Interpretation
820.111Â
                  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:Â Â Â Â Â Â Â Â Â 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:Â Â Â Â Â Â Â Â Â 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
820.211Â
            (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:Â Â Â Â Â Â Â Â Â For special provisions relating to family violence, see Division 1.5.
820.212Â
                  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
                            (v) a Skilled Work Regional (Provisional) (Class PS) visa; or
                           (vi) a Skilled Employer Sponsored Regional (Provisional) (Class PE) 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; or
                            (v) a Skilled Work Regional (Provisional) (Class PS) visa; or
                           (vi) a Skilled Employer Sponsored Regional (Provisional) (Class PE) 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
820.221Â
            (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:Â Â Â Â Â Â Â Â Â 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:Â Â Â Â Â Â 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.
820.221AÂ
                  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.
820.223Â
            (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).
820.224Â
            (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.
820.225Â
                  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.
820.226Â
                  The applicant satisfies public interest criteria 4020 and 4021.
820.3—Secondary criteria
Note:Â Â Â Â Â Â Â Â Â 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
820.311Â
                  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.
820.312Â
                  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.
820.313Â
                  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
                            (v) a Skilled Work Regional (Provisional) (Class PS) visa; or
                           (vi) a Skilled Employer Sponsored Regional (Provisional) (Class PE) 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; or
                            (v) a Skilled Work Regional (Provisional) (Class PS) visa; or
                           (vi) a Skilled Employer Sponsored Regional (Provisional) (Class PE) 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
820.321Â
                  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.
820.323Â
            (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.
820.324Â
                  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
820.325Â
                  The sponsorship mentioned in paragraph 820.311(b) has been approved by the Minister and is still in force.
820.326Â
                  The applicant satisfies public interest criteria 4020 and 4021.
820.4—Circumstances applicable to grant
820.411Â
                  The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
820.5—When visa is in effect
820.511Â
                  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 835—Remaining Relative
835.1—Interpretation
835.111Â
                  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:Â Â Â Â Â Â Â Â Â 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:Â Â Â Â Â Â Â Â Â 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
835.211Â
                  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.
835.212Â
                  The applicant is a remaining relative of an Australian relative.
835.213Â
                  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
835.221Â
                  The applicant continues to satisfy the criterion in clause 835.212.
835.222Â
                  The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
835.223Â
                  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.
835.224Â
            (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.
835.225Â
                  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.
835.226Â
                  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
835.227Â
                  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:Â Â Â Â Â Â Â Â Â 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
835.311Â
                  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.
835.312Â
                  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
835.321Â
                  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.
835.322Â
                  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.
835.323Â
                  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.
835.324Â
                  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
835.325Â
                  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
835.411Â
                  The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
Note:Â Â Â Â Â Â Â Â Â The second instalment of the visa application charge must be paid before the visa can be granted.
835.5—When visa is in effect
835.511Â
                  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 836—Carer
836.1—Interpretation
836.111Â
                  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:Â Â Â Â Â Â Â Â Â 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:Â Â Â Â Â Â Â Â Â 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
836.211Â
                  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.
836.212Â
                  The applicant claims to be the carer of an Australian relative.
836.213Â
                  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
836.221Â
                  The applicant is a carer of a person referred to in clause 836.212.
836.223Â
                  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.
836.224Â
            (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.
836.225Â
                  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.
836.226Â
                  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
836.227Â
                  The sponsorship mentioned in clause 836.213 has been approved by the Minister and is still in force.
836.3—Secondary criteria
Note:Â Â Â Â Â Â Â Â Â 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
836.311Â
                  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.
836.312Â
                  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
836.321Â
                  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.
836.322Â
                  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.
836.324Â
                  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
836.325Â
                  The sponsorship mentioned in clause 836.312 has been approved by the Minister and is still in force.
836.4—Circumstances applicable to grant
836.411Â
                  The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
Note:Â Â Â Â Â Â Â Â Â 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
836.511Â
                  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 837—Orphan Relative
837.1—Interpretation
837.111Â
                  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:Â Â Â Â Â Â Â Â Â 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:Â Â Â Â Â Â Â Â Â 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
837.211Â
                  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.
837.212Â
                  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.
837.213Â
                  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).
837.214Â
                  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
837.221Â
                  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.
837.222Â
                  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.
837.223Â
                  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021.
837.224Â
            (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.
837.225Â
                  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
837.226Â
                  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:Â Â Â Â Â Â Â Â Â 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
837.311Â
                  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.
837.312Â
                  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
837.321Â
                  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.
837.322Â
                  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021.
837.323Â
                  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.
837.324Â
                  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
837.325Â
                  The sponsorship mentioned in clause 837.312 has been approved by the Minister and is still in force.
837.4—Circumstances applicable to grant
837.411Â
                  The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
Note:Â Â Â Â Â Â Â Â Â The second instalment of the visa application charge must be paid before the visa can be granted.
837.5—When visa is in effect
837.511Â
                  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 838—Aged Dependent Relative
838.1—Interpretation
838.111Â
                  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:Â Â Â Â Â Â Â Â Â aged dependent relative, dependent child, eligible New Zealand citizen and settled are defined in regulation 1.03.
838.2—Primary criteria
Note:Â Â Â Â Â Â Â Â Â 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
838.211Â
                  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.
838.212Â
                  The applicant is an aged dependent relative of an Australian relative.
838.213Â
                  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
838.221Â
                  The applicant continues to satisfy the criterion in clause 838.212.
838.222Â
                  The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
838.223Â
                  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019, 4020 and 4021.
838.224Â
            (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.
838.225Â
                  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.
838.226Â
                  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
838.227Â
                  The sponsorship mentioned in clause 838.213 has been approved by the Minister and is still in force.
838.3—Secondary criteria
Note:Â Â Â Â Â Â Â Â Â 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
838.311Â
                  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.
838.312Â
                  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
838.321Â
                  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.
838.322Â
                  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.
838.323Â
                  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.
838.324Â
                  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
838.325Â
                  The sponsorship mentioned in clause 838.312 has been approved by the Minister and is still in force.
838.4—Circumstances applicable to grant
838.411Â
                  The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
Note:Â Â Â Â Â Â Â Â Â The second instalment of the visa application charge must be paid before the visa can be granted.
838.5—When visa is in effect
838.511Â
                  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 851—Resolution of Status
851.1—Interpretation
Note:Â Â Â Â Â Â Â Â Â There are no interpretation provisions specific to this Part.
851.2—Primary criteria
Note:Â Â Â Â Â Â Â Â Â 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
851.221Â
                  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.
851.222Â
                  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.
851.223Â
                  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.
851.224Â
                  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.
851.225Â
                  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.
851.226Â
                  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.
851.227Â
                  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:Â Â Â Â Â Â Â Â Â There are no secondary criteria for the grant of a Subclass 851 visa.
851.4—Circumstances applicable to grant
851.411Â
                  The applicant must be in Australia.
851.5—When visa is in effect
851.511Â
                  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 852—Referred Stay (Permanent)
852.1—Interpretation
Note 1:Â Â Â Â Â Â Regulation 1.03 provides that member of the immediate family has the meaning set out in regulation 1.12AA.
Note 2:Â Â Â Â Â Â There are no interpretation provisions specific to this Part.
852.2—Primary criteria
Note:Â Â Â Â Â Â Â Â Â 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
852.211Â
                  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
852.222Â
                  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.
852.223Â
                  The requirements of paragraphs 2.07AK(3)(d), (e) and (f) continue to be met in relation to the applicant.
852.224Â
                  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:Â Â Â Â Â Â Â Â Â 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
852.311Â
                  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:Â Â Â Â Â Â Â Â Â See regulation 2.07AK for how an application for a Referred Stay (Permanent) (Class DH) visa is taken to have been validly made.
852.312Â
                  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
852.321Â
                  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.
852.322Â
                  The applicant continues to be a member of the immediate family of the person mentioned in clause 852.311.
852.323Â
                  The person mentioned in clause 852.311 has been granted a Subclass 852 (Referred Stay (Permanent)) visa.
852.324Â
                  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
852.411Â
                  The applicant may be in or outside Australia when the visa is granted.
852.5—When visa is in effect
852.511Â
                  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
852.611Â
                  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 858—Global Talent
858.1—Interpretation
Note:Â Â Â Â Â Â Â Â Â There are no interpretation provisions specific to this Part.
858.2—Primary criteria
Note:Â Â Â Â Â Â Â Â Â 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
858.212Â
            (1) Unless the applicant has been endorsed by the Prime Minister’s Special Envoy for Global Business and Talent Attraction as mentioned in paragraph 1113(3)(f) of Schedule 1, the applicant meets the requirements of subclause (2) or (4) of this clause.
            (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)Â Â Â Â an Australian citizen; or
(b)Â Â Â Â an Australian permanent resident; or
(c)Â Â Â Â an eligible New Zealand citizen; or
(d)Â Â Â Â 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.
858.213Â
            (1) If, at the time of application:
                    (a) the applicant is the holder of a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or
                    (b) the last substantive visa held by the applicant was a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
the applicant must have held that visa for at least 3 years at the time of application unless circumstances specified in an instrument under subclause (2) exist.
            (2) The Minister may, by legislative instrument, specify circumstances for the purposes of subclause (1).
858.22—Criteria to be satisfied at time of decision
858.221Â
                  The applicant:
                    (a) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4009, 4010 and 4021; and
                    (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
858.223Â
            (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, 4003B, 4004, 4007, 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, 4003B 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.
858.224Â
                  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.
858.225Â
                  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
858.227Â
                  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.
858.228Â
            (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 858 visa satisfies special return criteria 5001, 5002 and 5010.
858.229Â
            (1) This clause applies to an applicant who, at the time of application, had been endorsed by the Prime Minister’s Special Envoy for Global Business and Talent Attraction as being likely to make a significant contribution to the Australian economy if granted a Subclass 858 (Global Talent) visa.
            (2) The Minister is satisfied that the applicant is likely to make a significant contribution to the Australian economy if the visa is granted.
            (3) For the purposes of subclause (2), the Minister must not have regard to the fact that the applicant was endorsed by the Prime Minister’s Special Envoy for Global Business and Talent Attraction as being likely to make a significant contribution to the Australian economy if granted a Subclass 858 (Global Talent) visa.
858.3—Secondary criteria
Note 1:Â Â Â Â Â Â These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
Note 2:Â Â Â Â Â Â Whether a person is a member of the family unit of an applicant for a Global Talent (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
858.311Â
                  The applicant is a member of the family unit of a person who:
                    (a) has applied for a Global Talent (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.
858.32—Criteria to be satisfied at time of decision
858.321Â
            (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; and
                    (d) the applicant was in Australia at the time the applicant’s visa application was made.
            (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:Â Â Â Â Â Â Â Â Â For special provisions relating to family violence, see Division 1.5.
858.322Â
                  The applicant:
                    (a) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4009, 4010 and 4021; and
                    (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
858.324Â
                  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
858.326Â
                  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.
858.327Â
                  The applicant satisfies special return criteria 5001, 5002 and 5010.
858.4—Circumstances applicable to grant
858.411Â
                  The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note:Â Â Â Â Â Â Â Â Â The second instalment of the visa application charge must be paid before the visa can be granted.
858.5—When visa is in effect
858.511Â
                  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
858.611Â
                  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 864—Contributory Aged Parent
864.1—Interpretation
864.111Â
                  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:Â Â Â Â Â Â Â Â Â 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:Â Â Â Â Â Â Â Â Â 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
864.211Â
            (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.
864.212Â
                  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.
864.213Â
            (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).
864.214Â
                  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
864.221Â
            (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.
864.222Â
                  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).
864.222AÂ
                  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).
864.223Â
                  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 |
864.224Â
                 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.
864.224AÂ
                  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.
864.225Â
                  If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
864.226Â
                  The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
864.227Â
                  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 |
864.228Â
                  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 |
864.229Â
                  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.
864.230Â
                  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
864.311Â
                  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.
864.312Â
                  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
864.321Â
                  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.
864.322Â
                  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).
864.323Â
                  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.
864.324Â
                  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 |
864.325Â
                  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.
864.326Â
                  If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
864.327Â
                  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.
864.328Â
                  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
864.329Â
                  If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
864.4—Circumstances applicable to grant
864.411Â
            (1) Unless subclause (2) of this clause applies to the visa, the applicant must be in Australia, but not in immigration clearance, when the visa is granted.
            (2) This subclause applies to a visa if:
                    (a) the application for the visa was made before 24 March 2021; and
                    (b) the applicant for the visa was outside Australia on 24 March 2021; and
                    (c) the visa is granted after 23 March 2021; and
                    (d) the visa is granted before the end of the concession period described in subregulation 1.15N(1); and
                    (e) the applicant for the visa is not in immigration clearance.
Note:Â Â Â Â Â Â Â Â Â The second instalment of the visa application charge must be paid before the visa can be granted.
864.5—When visa is in effect
864.511Â
                  Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
864.6—Conditions:  Nil.
Subclass 866—Protection
866.1—Interpretation
Note 1:Â Â Â Â Â Â For member of the same family unit, see subsection 5(1) of the Act.
Note 2:Â Â Â Â Â Â There are no interpretation provisions specific to this Part.
866.2—Primary criteria
Note:Â Â Â Â Â Â Â Â Â All applicants must satisfy the primary criteria.
866.21—Criteria to be satisfied at time of application
866.211Â
            (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:Â Â Â Â Â Â Â Â Â See paragraphs 36(2)(b) and (c) of the Act.
866.22—Criteria to be satisfied at time of decision
866.221Â
            (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:Â Â Â Â Â Â Â Â Â See paragraphs 36(2)(b) and (c) of the Act.
866.223Â
                  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.
866.224Â
                  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.
866.224AÂ
                  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.
866.224BÂ
                  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.
866.225Â
                  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.
866.226Â
                  The Minister is satisfied that the grant of the visa is in the national interest.
866.227Â
            (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.
866.230Â
            (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:Â Â Â Â Â Â 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.
866.231Â
                  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).
866.232Â
                  The applicant does not hold a Resolution of Status (Class CD) visa.
866.3—Secondary criteria
Note:Â Â Â Â Â Â Â Â Â All applicants must satisfy the primary criteria.
866.4—Circumstances applicable to grant
866.411Â
                  The applicant must be in Australia.
866.5—When visa is in effect
866.511Â
                  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
866.611Â
                  Condition 8559.
Subclass 870—Sponsored Parent (Temporary)
870.1—Interpretation
Note 1:Â Â Â Â Â Â For parent sponsor, see regulation 1.03 and for has an outstanding public health debt, see regulation 1.15K.
Note 2:Â Â Â Â Â Â There are no interpretation provisions specific to this Part.
870.2—Primary criteria
Note 1:Â Â Â Â Â Â All applicants must satisfy the primary criteria.
Note 2:Â Â Â Â Â Â All criteria must be satisfied at the time a decision is made on the application.
870.221Â
                  The applicant is sponsored by a parent sponsor.
870.222Â
                  The applicant has access to sufficient funds to meet the costs and expenses of the applicant’s intended stay in Australia.
870.223Â
            (1) If:
                    (a) the applicant is outside Australia at the time of application; and
                    (b) the applicant previously held a Subclass 870 visa; and
                    (c) there are no exceptional circumstances;
the applicant has been outside Australia for at least 90 consecutive days since the relevant departure day of the applicant.
            (2) The relevant departure day of an applicant is:
                    (a) if the applicant was in Australia when the last Subclass 870 visa held by the applicant ceased to be in effect—the first day on which the applicant left Australia after that visa ceased to be in effect; or
                    (b) if the applicant was not in Australia when the last Subclass 870 visa held by the applicant ceased to be in effect—the last day on which the applicant left Australia while that visa was in effect.
870.224Â
                  The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
870.225Â
                  The applicant has complied substantially with the conditions to which the last of any substantive visas held by the applicant, and any subsequent bridging visa held by the applicant, were subject.
870.226Â
                  The applicant genuinely intends to stay in Australia temporarily.
870.227Â
                  Either:
                    (a) the applicant does not have an outstanding public health debt; or
                    (b) if the applicant has an outstanding public health debt—the debt has been paid in full or appropriate arrangements have been made for its payment.
870.228Â
            (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4019, 4020 and 4021.
            (2) If the applicant was not in Australia at the time the visa application was made—the applicant satisfies public interest criterion 4005.
            (3) If the applicant was in Australia at the time the visa application was made—the applicant satisfies public interest criterion 4007.
870.229Â
                  The applicant satisfies special return criteria 5001, 5002 and 5010.
870.3—Secondary criteria: Nil
Note:Â Â Â Â Â Â Â Â Â All applicants must satisfy the primary criteria.
870.4—Circumstances applicable to grant
870.411Â
                  The applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
Note:Â Â Â Â Â Â Â Â Â The second instalment of the visa application charge must be paid before the visa can be granted.
870.5—When visa is in effect
870.511Â
            (1) Temporary visa permitting the holder to travel to, enter and remain in Australia on one or more occasions during the period:
                    (a) starting on the day the visa is granted; and
                    (b) subject to subclauses (2), (2A) and (3), ending on the date specified by the Minister.
            (2) The Minister must not specify a date under paragraph (1)(b) that:
                    (a) is more than 5 years after the day the visa is granted; or
                    (b) would result in the total period of effect of the Subclass 870 visas held by the applicant (other than any visa that, in accordance with subclause (2A), ceased to be in effect 18 months after the date specified under paragraph (1)(b) for the visa) exceeding 10 years.
         (2A) If:
                    (a) the visa is in effect on 1 July 2021; and
                    (b) the holder of the visa is outside Australia on 1 July 2021;
then, subject to subclause (3), the period of effect of the visa ends 18 months after the date specified under paragraph (1)(b) for the visa.
            (3) If an item of column 1 of the following table applies in relation to the holder of the visa, then the period of effect of the visa ends at the time mentioned in column 2 of the item if that time is earlier than:
                    (a) if paragraphs (2A)(a) and (b) apply—18 months after the date specified under paragraph (1)(b) for the visa; or
                    (b) in any other case—the date specified under paragraph (1)(b) for the visa.
End of period of effect |
Item | Column 1 | Column 2 |
1 | The approval of the parent sponsor of the holder is cancelled | 35 days after the cancellation |
2 | Both: (a) the parent sponsor of the holder withdraws the parent sponsor’s sponsorship of the holder; and (b) within 35 days after Immigration receives notification, in writing, of the withdrawal, no other person makes a relevant sponsorship application in relation to the holder | 35 days after Immigration receives notification, in writing, of the withdrawal |
3 | All of the following: (a) the parent sponsor of the holder withdraws the parent sponsor’s sponsorship of the holder; (b) within 35 days after Immigration receives notification, in writing, of the withdrawal, another person makes a relevant sponsorship application in relation to the holder; (c) the Minister decides to refuse the application | 35 days after: (a) if the applicant applies for review of the Minister’s decision—the application for review is finally determined and the Minister’s decision is affirmed; or (b) otherwise—the Minister’s decision is made |
4 | Both: (a) the parent sponsor of the holder dies; and (b) within 90 days after the death, no other person makes a relevant sponsorship application in relation to the holder | 90 days after the death |
5 | All of the following: (a) the parent sponsor of the holder dies; (b) within 90 days after the death, another person makes a relevant sponsorship application in relation to the holder; (c) the Minister decides to refuse the application | 35 days after: (a) if the applicant applies for review of the Minister’s decision—the application for review is finally determined and the Minister’s decision is affirmed; or (b) otherwise—the Minister’s decision is made |
            (4) For the purposes of this clause, a person makes a relevant sponsorship application in relation to the holder of a visa if the person:
                    (a) makes an application in accordance with the process referred to in regulation 2.61A that specifies the holder as a person whom the person intends to sponsor; or
                    (b) makes an application in accordance with the process referred to in regulation 2.66 that relates to the holder.
870.6—Conditions
870.611Â
                  The visa is subject to conditions 8103, 8303, 8501, 8531, 8564 and 8609.
Subclass 884—Contributory Aged Parent (Temporary)
884.1—Interpretation
Note:Â Â Â Â Â Â Â Â Â 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:Â Â Â Â Â Â Â Â Â 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
884.211Â
            (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.
884.212Â
            (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.
884.213Â
                  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
884.221Â
                  The applicant continues to satisfy the criterion in subclause 884.212(1).
884.222Â
                  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.
884.224Â
                  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 |
884.225Â
                  If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
884.226Â
                  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 |
884.227Â
                  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 |
884.228Â
                  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.
884.229Â
                  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
884.311Â
                  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.
884.312Â
                  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
884.321Â
                  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.
884.322Â
                  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.
884.322AÂ
                  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.
884.323Â
                  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 |
884.324Â
                  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
884.325Â
                  If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
884.326Â
                  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.
884.327Â
                  If the applicant is a contributory parent newborn child, the applicant has undergone any health checks that the Minister considers appropriate.
884.328Â
                  The applicant satisfies public interest criteria 4020 and 4021.
884.4—Circumstances applicable to grant
884.411Â
                  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:Â Â Â Â Â Â Â Â Â The second instalment of the visa application charge must be paid before the visa can be granted.
884.412Â
                  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
884.511Â
                  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.
884.512Â
                  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 887—Skilled—Regional
887.1—Interpretation
887.111Â
            (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:Â Â Â Â Â Â Â Â Â 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
887.211Â
                  The applicant meets the requirements set out in subitem 1136(7) of Schedule 1.
887.212Â
            (1) Subject to subclause (2), 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.
            (2) For the purposes of working out the length of time the applicant has lived in a specified regional area, the applicant is taken to have lived in a specified regional area for a period of 6 months (or such longer period as the Minister specifies in a legislative instrument under subclause (3)) if the applicant:
                    (a) was outside Australia during a concession period; and
                    (b) made the application outside Australia during the concession period; and
                    (c) either:
                             (i) is the holder of a visa mentioned in subclause (1); or
                            (ii) was the holder of a visa mentioned in subclause (1) that expired during the concession period.
            (3) The Minister may, by legislative instrument, specify a longer period for the purposes of subclause (2).
887.213Â
            (1) The applicant must have worked full‑time in a specified regional area:
                    (a) for a total of at least one year as the holder of one or more of the visas mentioned in subclause 887.212(1); or
                    (b) if subclause (2) applies—for a total of 9 months (or such shorter period as the Minister specifies for the purposes of this paragraph in a legislative instrument under subclause (3)) as the holder of one or more of the visas mentioned in subclause 887.212(1).
            (2) This subclause applies if the applicant held a visa mentioned in subclause 887.212(1) during a concession period and made the application no later than 3 months after the end of the concession period.
            (3) The Minister may, by legislative instrument, specify a shorter period for the purposes of paragraph (1)(b).
887.22—Criteria to be satisfied at time of decision
887.221Â
            (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.
887.223Â
                  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.
887.224Â
                  The applicant satisfies special return criteria 5001, 5002 and 5010.
887.225Â
                  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.
887.226Â
                  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.
887.227Â
                  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.
887.228Â
                  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:Â Â Â Â Â Â Â Â Â 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
887.311Â
                  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
887.321Â
                  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.
887.322Â
                  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.
887.323Â
                  The applicant satisfies special return criteria 5001, 5002 and 5010.
887.324Â
                  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
887.411Â
                  The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note:Â Â Â Â Â Â Â Â Â The second instalment of the visa application charge must be paid before the visa can be granted.
887.5—When visa is in effect
887.511Â
                  Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
887.6—Conditions:  Nil.
Subclass 888—Business Innovation and Investment (Permanent)
888.1—Interpretation
888.111Â
                  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:Â Â Â Â Â Â For AUD, fiscal year, ownership interest and qualifying business: see regulation 1.03.
Note 2:Â Â Â Â Â Â Regulation 1.03 also provides that member of the family unit has the meaning set out in regulation 1.12.
Note 3:Â Â Â Â Â Â main business is defined in regulation 1.11.
Note 4:Â Â Â Â Â Â For the beneficial ownership of an asset, eligible investment or ownership interest: see regulation 1.11A.
Note 5:Â Â Â Â Â Â Complying investment is defined in regulation 5.19B.
Note 6:Â Â Â Â Â Â Complying significant investment is defined in regulation 5.19C.
Note 7:Â Â Â Â Â Â Complying premium investment is defined in regulation 5.19D.
888.2—Primary criteria
Note:Â Â Â Â Â Â Â Â Â 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:Â Â Â Â Â Â Â Â Â These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 888 visa.
888.211Â
                  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.
888.212Â
                  The nominating State or Territory government agency or the CEO of Austrade has not withdrawn the nomination.
888.213Â
                  The applicant genuinely has a realistic commitment to maintain business or investment activities in Australia.
888.214Â
                  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:Â Â Â Â Â Â Â Â Â Those laws include laws relating to taxation, superannuation and workplace relations.
888.215Â
    Â