Schedule 2—Provisions with respect to the grant of Subclasses of visas
Subclass 410—Retirement
410.1—Interpretation
410.111
(1) A reference in this Part to a rollover applicant is a reference to:
(a) an applicant (whether or not in Australia) who holds:
(i) a Subclass 410 visa; or
(ii) a Transitional (Temporary) (Class UA) visa that he or she is taken to hold on the basis of having held a visa or entry permit of a predecessor class; or
(b) an applicant who:
(i) is in Australia; and
(ii) is not the holder of a substantive visa;
if the last substantive visa held by him or her was a visa of a kind referred to in paragraph (a).
(2) A reference in subparagraph (1) (a) (ii) to a predecessor class is a reference to either of the following classes:
(a) Class 410 (retirement) under the Migration (1993) Regulations;
(b) retirement (code number 410) under the Migration (1989) Regulations.
410.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
410.21—Criteria to be satisfied at time of application
Note: No criteria to be satisfied at time of application outside Australia.
410.211
(1) If the application is made in Australia, the applicant meets the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirements of this subclause if the applicant is:
(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR);
(E) Student (Temporary) (Class TU); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the holder of a Confirmatory (Temporary) (Class TD) visa that was granted on the grounds that the applicant satisfied the criteria for a visa specified in paragraph (a) or (b).
(3) An applicant meets the requirements of this subclause if:
(a) the applicant is not the holder of a substantive visa; and
(b) the last substantive visa held by the applicant was of a kind specified in paragraph (2) (a) or (c); and
(c) the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant is not the holder of a substantive visa; and
(b) the last substantive visa held by the applicant was of a kind specified in paragraph (2) (b); and
(c) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004, and 3005.
410.22—Criteria to be satisfied at the time of decision
410.221
The applicant has turned 55.
410.222
(1) If the applicant intends to settle in Australia with his or her spouse:
(a) the family unit of the applicant does not include any other person dependent on the applicant or the applicant’s spouse; and
(b) the Minister is satisfied that neither the applicant nor the applicant’s spouse intends to take employment in Australia.
(2) If the applicant intends to settle in Australia without a spouse:
(a) the family unit of the applicant does not include a person dependent on the applicant; and
(b) the Minister is satisfied that the applicant does not intend to take employment in Australia.
410.223
If the application was made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
410.224
If the application is made in Australia, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
410.225
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
410.226
If the applicant is a rollover applicant, both the applicant and the applicant’s spouse (if any) satisfy public interest criteria 4001, 4002, 4003, 4004, 4013 and 4014.
410.227
If the applicant is not a rollover applicant:
(a) either:
(i) the resources of the applicant, or (if the applicant has a spouse) the combined resources of the applicant and the applicant’s spouse, available for transfer to Australia, are not less than $500,000; or
(ii) the resources of the applicant, or (if the applicant has a spouse) the combined resources of the applicant and the applicant’s spouse, available for transfer to Australia are not less than $150,000, and the applicant and his or her spouse (if any) have:
(A) pension rights; or
(B) capital for investment; or
(C) both pension rights and capital for investment;
being in total money and entitlements sufficient to provide an annual income of not less than $35,000; and
(b) both the applicant and the applicant’s spouse (if any) satisfy public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and
(c) if the application was made in Australia, and at the time of application the applicant had satisfied the primary criteria for a Student (Temporary) (Class TU) visa and was the holder of a visa of that class:
(i) in the case of an applicant who is a private subsidised student, the Minister is satisfied that it would not be detrimental to Australia’s policies in respect of overseas students to grant the visa; and
(ii) in the case of an applicant who is a student under a scholarship scheme or training program approved by AusAID, the applicant has the support of AusAID for the grant of the visa.
410.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
410.31—Criteria to be satisfied at time of application
410.311
The applicant is the spouse of a person who has applied for a Retirement (Temporary) (Class TQ) visa.
410.312
If the application is made outside Australia and the application is made separately from that of the applicant’s spouse:
(a) the spouse is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia with the spouse.
410.313
If the application is made in Australia, the applicant has complied substantially with the conditions that apply or applied to:
(a) any visa held by the applicant; or
(b) any visa held by the applicant immediately before becoming an unlawful non-citizen.
410.32—Criteria to be satisfied at time of decision
410.321
The applicant continues to be the spouse of a person who, having satisfied the primary criteria, is the holder of a Subclass 410 visa.
410.322
If the applicant is not the spouse of a rollover applicant, the applicant produces evidence of adequate means to support the applicant during the period of stay in Australia applied for.
410.323
If the applicant is not the spouse of a rollover applicant, the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014.
410.324
If the applicant is the spouse of a rollover applicant, the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4013 and 4014.
410.325
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
410.4—Circumstances applicable to grant
410.411
If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.
410.412
If the application is made outside Australia, the applicant must be outside Australia at time of grant.
410.5—When visa is in effect
410.511
Temporary visa permitting the holder to travel to, enter and remain in Australia:
(a) in the case of a visa granted to a rollover applicant or the spouse of a rollover applicant—for 2 years from the date of grant; or
(b) in any other case—until a date specified by the Minister.
410.6—Conditions
410.611
Condition 8101.
410.612
Any 1 or more of conditions 8301, 8303, 8501, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.
410.7 Way of giving evidence
410.711
Visa label affixed to valid passport.
Subclass 411—Exchange
411.1—Interpretation
Note: No interpretation provisions specific to this Part.
411.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
411.21—Criteria to be satisfied at time of application
Note: No criteria to be satisfied at time of application outside Australia.
411.211
If the application is made in the migration zone the applicant is either:
(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR);
(E) Student (Temporary) (Class TU); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the holder of a Confirmatory (temporary) visa that was granted on the grounds that the applicant satisfied the criteria for a visa specified in paragraph (a) or (b); or
(d) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005; or
(e) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
411.22—Criteria to be satisfied at time of decision
411.221
If the application is:
(a) made outside Australia; or
(b) made in the migration zone by an applicant who does not hold a subclass 411 visa;
the applicant satisfies clauses 411.222 to 411.226.
411.222
If the application relates to a staff exchange, the Minister is satisfied that:
(a) the exchange position in Australia to which the application relates is a skilled position; and
(b) the arrangements envisaged under the exchange would provide a person (in this clause called the resident) who is an Australian citizen or an Australian permanent resident with the opportunity to obtain experience with a reciprocating organisation overseas; and
(c) the same position as that currently held by the resident, or an equivalent position in Australia, will be available to the resident on the completion of the exchange; and
(d) the exchange will be of benefit both to the applicant and the resident.
411.223
If the application relates to an agreement between a government in Australia and the government of another country:
(a) the Minister is satisfied that the application meets the requirements of the agreement; and
(b) the applicant has produced evidence that the applicant’s stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in the other country.
411.224
If the application is made in the migration zone:
(a) the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject; and,
(b) if at the time of application, the applicant was the holder of a Student (temporary) visa:
(i) the applicant has successfully completed a course in Australia at Associate Diploma level or above; and
(ii) if the applicant is a private subsidised student:
(A) the applicant establishes a strong case on economic grounds for the grant of the visa; and
(B) the Minister is satisfied that it would not be detrimental to Australia’s policies in respect of overseas students to grant the visa; and
(c) if the applicant is a student under a scholarship scheme or training program approved by AusAID, the applicant has the support of AusAID for the grant of the visa.
411.225
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
411.226
The applicant satisfies public interest criteria 4001 to 4005, 4010, 4013 and 4014.
411.227
If the application is made in Australia and the applicant was the holder of a subclass 411 visa at the time of application, the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the primary criteria for the grant of a subclass 411 visa.
411.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
411.31—Criteria to be satisfied at time of application
411.311
The applicant is a member of the family unit of a person who has applied for a subclass 411 visa.
411.312
If the application is made outside Australia and the application is made separately from that of the member of the family unit satisfying the primary criteria:
(a) that member of the family unit is, or is expected soon to be, in Australia; and
(b) that applicant intends to stay temporarily in Australia as a member of the family unit of the person.
411.313
If the application is made in the migration zone, the applicant has complied substantially with the conditions that apply or applied to:
(a) any visa held by the applicant; or
(b) any visa held by the applicant immediately before becoming an unlawful non‑citizen.
411.32—Criteria to be met at time of decision
411.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 411 visa.
411.322
The member of the family unit who satisfies the primary criteria produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that member of the family unit and the applicant.
411.324
The applicant:
(a) in all cases, satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
411.325
If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
411.4—Circumstances applicable to grant
411.411
If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.
411.412
If the application is made outside Australia, the applicant must be outside Australia at time of grant.
411.5—When visa is in effect
411.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
411.6—Conditions
411.611
If the applicant meets the primary criteria, condition 8107.
411.612
Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
411.7—Way of giving evidence
411.711
Visa label affixed to valid passport.
Subclass 415—Foreign Government Agency
415.1—Interpretation
415.111
In this Part:
foreign government agency includes an organisation conducted under official auspices in a foreign country and operating in Australia to foster the culture of the foreign country.
415.2—Primary criteria
415.21—Criteria to be satisfied at time of application
Note: No criteria to be satisfied at time of application outside Australia.
415.211
If the application is made in the migration zone the applicant is either:
(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the holder of a Confirmatory (temporary) visa that was granted on the grounds that the applicant satisfied one of the criteria for a visa specified in paragraph (a) or (b); or
(d) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005; or
(e) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
415.22—Criteria to be satisfied at time of decision
415.221
If the application is:
(a) made outside Australia; or
(b) made in the migration zone by an applicant who does not hold a subclass 415 visa;
the applicant satisfies clauses 415.222 to 415.230.
415.222
The applicant is:
(a) a person who:
(i) seeks to enter Australia to be employed as a representative of a foreign government agency that does not enjoy official status in Australia; and
(ii) would not, as a representative of that kind, enjoy official status in Australia; or
(b) a person who:
(i) seeks to enter Australia temporarily under an agreement between Australia and another country; and
(ii) has produced evidence that the applicant’s stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in that other country; or
(c) a foreign language teacher intending to work in an Australian school but as an employee of a foreign government.
415.223
(1) If the applicant is an applicant to whom paragraph 415.222 (a) or (c) applies:
(a) in the case of an applicant:
(i) who intends to stay in Australia four months or less; or
(ii) seeks entry to Australia to direct the operations in Australia of the British Council, the Alliance Francaise, the Goethe Institute, or the Italian Cultural Institute; the applicant produces a statement from the Foreign Ministry of the foreign government concerned supporting the application; or
(b) in any other case—the applicant produces evidence of sponsorship by a foreign government agency.
415.224
If sponsorship is required under clause 415.223:
(a) a sponsorship of the applicant has been approved by the Minister; and
(b) the sponsorship fee specified in regulation 5.38 has been paid.
415.225
The applicant produces a statement which satisfies the Minister that the employment of the applicant in Australia would be of benefit to Australia.
415.226
The applicant satisfies public interest criteria 4001 to 4005, 4010, 4013 and 4014.
415.227
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
415.228
If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
415.229
(1) Subject to subclause (2), if the application is made in the migration zone, and:
(a) the applicant was, at the time of application:
(i) the holder of a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Expatriate (Temporary) (Class TJ);
(F) Family Relationship (Temporary) (Class TL);
(G) Interdependency (Temporary) (Class TM);
(H) Medical Practitioner (Temporary) (Class UE);
(I) Retirement (Temporary) (Class TQ);
(J) Supported Dependent (Temporary) (Class TW); or
(ii) the holder of a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive); or
(iii) the holder of a Confirmatory (Temporary) (Class TD) visa granted on the grounds that the applicant satisfied the criteria for a visa specified in subparagraph (i) or (ii); and
(b) the grant of the visa would allow the applicant a total period of stay in Australia of more than 4 months as a temporary resident; and
(c) the applicant is an applicant to whom paragraph 415.222 (a) or (c) applies;
the applicant is sponsored by an intended employer.
(2) Subclause (1) does not apply to an applicant who:
(a) is the holder of a subclass 415 visa; and
(b) entered Australia as a person to whom an agreement mentioned in paragraph 415.222 (b) applied; and
(c) continues to be such a person.
415.230
If the application is made in the migration zone, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
415.231
If the application is made in the migration zone and the applicant was the holder of a subclass 415 visa at the time of application, the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the primary criteria for the grant of a subclass 415 visa.
415.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
415.31—Criteria to be satisfied at time of application
415.311
The applicant is a member of the family unit of a person who has applied for a subclass 415 visa.
415.312
If the application is made outside Australia and is made separately from that of the family unit member satisfying the primary criteria:
(a) that family unit member is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia as a member of that family unit .
415.313
If the application is made in the migration zone, the applicant has complied substantially with the conditions that apply or applied to:
(a) any visa held by the applicant; or
(b) any visa held by the applicant immediately before becoming an unlawful non‑citizen.
415.32—Criteria to be satisfied at time of decision
415.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 415 visa.
415.322
The applicant is included in any sponsorship required in respect of the member of the family unit who satisfies the primary criteria.
415.323
If sponsorship is not required for the family unit member who satisfies the primary criteria, that family unit member produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
415.324
The applicant:
(a) in all cases, satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
415.325
If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
415.4—Circumstances applicable to grant
415.411
If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.
415.412
If the application is made outside Australia, the applicant must be outside Australia at time of grant.
415.5—When visa is in effect
415.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
415.6—Conditions
415.611
If the applicant meets the primary criteria, condition 8107.
415.612
Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8516, 8503, 8522 and 8526 may be imposed.
415.7—Way of giving evidence
415.711
Visa label affixed to valid passport.
Subclass 416—Special Program
416.1—Interpretation
Note: No interpretation provisions specific to this Part.
416.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
416.21—Criteria to be satisfied at time of application
Note: No criteria to be satisfied at time of application outside Australia.
416.211
If the application is made in the migration zone the applicant is either:
(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the holder of a Confirmatory (temporary) visa that was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in paragraph (a) or (b); or
(d) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005; or
(e) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
416.22—Criteria to be satisfied at time of decision
416.221
If the application is:
(a) made outside Australia; or
(b) made in the migration zone and the applicant does not hold a subclass 416 visa;
the applicant satisfies clauses 416.222 to 416.226.
416.222
The applicant produces evidence that the applicant:
(a) is the holder of a Churchill Fellowship; or
(b) is applying for the visa for the purpose of taking part in a youth exchange program approved in writing by the Secretary; or
(c) has been nominated by a community‑based non‑commercial organisation in Australia to take part in a program of activity that has the object of cultural enrichment or community benefits and both that organisation and that program have been approved by the Secretary for the purposes of this paragraph.
416.223
The applicant satisfies public interest criteria 4001 to 4005, 4010, 4013 and 4014.
416.224
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
416.225
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
416.226
If the application is made in the migration zone, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
416.227
If the application is made in the migration zone and the applicant was the holder of a subclass 416 visa at the time of application, the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the primary criteria for the grant of a subclass 416 visa.
416.3—Secondary criteria
Note: The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
416.31—Criteria to be satisfied at time of application
416.311
The applicant is a member of the family unit of a person who has applied for a subclass 416 visa.
416.312
If the application is made outside Australia and the application is made separately from that of the family unit member satisfying the primary criteria:
(a) that family unit member is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia as a member of that family unit.
416.313
If the application is made in the migration zone the applicant has complied substantially with the conditions to which:
(a) any visa held by the applicant is subject; or
(b) any visa held by the applicant immediately before becoming an unlawful non‑citizen was subject.
416.32—Criteria to be met at time of decision
416.321
The applicant continues to be a member of the family unit of a person who having satisfied the primary criteria is the holder of a subclass 416 visa.
416.322
The member of the family unit who satisfies the primary criteria produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
416.323
The applicant:
(a) in all cases, satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
416.324
If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
416.4—Circumstances applicable to grant
416.411
If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.
416.412
If the application is made outside Australia, the applicant must be outside Australia at time of grant.
416.5—When visa is in effect
416.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
416.6—Conditions
416.611
If the applicant meets the primary criteria, condition 8107.
416.612
Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8516, 8503, 8522 and 8526 may be imposed.
416.7—Way of giving evidence
416.711
Visa label affixed to valid passport.
Subclass 417—Working Holiday
417.1—Interpretation
Note: No interpretation provisions specific to this Part.
417.2—Primary criteria
Note: all applicants must be satisfy the primary criteria.
417.21
Criteria to be satisfied at time of application
417.211
If the application is made outside Australia, the applicant satisfies clauses 417.213 to 417.217.
417.212
If the application is made in the migration zone—the applicant satisfies clauses 417.213, 417.216, 417.218 and 417.219, and:
(a) is the holder of a Subclass 417 visa; or
(b) is the holder of a Confirmatory (Temporary) visa granted on the grounds of satisfying the primary criteria for the grant of a Subclass 417 visa; or
(c) is not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was a Subclass 417 visa; and
(ii) the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005.
417.213
The applicant has no dependent children.
417.214
(1) The applicant meets the requirements of subclause (2) or (3).
(2) An applicant satisfies the requirements of this subclause if the applicant is a citizen of a country specified by Gazette Notice for the purposes of this subclause and either:
(a) the applicant has turned 18 but has not turned 26; or
(b) the applicant has turned 26 but has not turned 31 and the Minister is satisfied that the applicant’s entry to Australia would be of benefit to the applicant and to Australia.
(3) An applicant meets the requirements of this subclause if the applicant is not a citizen of a country referred to in subclause (2) and:
(a) the applicant has turned 18 but has not turned 26; and
(b) the Minister is satisfied that the applicant’s entry to Australia would be of benefit to the applicant and to Australia.
417.215
The application is made:
(a) if the applicant is a citizen of the United Kingdom, the Republic of Ireland, the Netherlands or Canada, in any country; or
(b) if the applicant is not a citizen of a country referred to in paragraph (a), in the country of which the applicant is a citizen.
417.216
The Minister is satisfied that the applicant:
(a) seeks to enter or remain in Australia as a genuine visitor whose principal purpose is to spend a holiday in Australia; and
(b) has sufficient money for:
(i) the fare to the applicant’s intended overseas destination on leaving Australia; and
(ii) personal support for the purposes of a working holiday; and
(c) has a reasonable prospect of obtaining employment in Australia; and
(d) will not undertake any studies in Australia other than an English language course.
417.217
The applicant has not previously entered Australia as the holder of a subclass 417 visa.
417.218
If the application is made in the migration zone, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
417.219
If the application is made in the migration zone, the total of:
(a) the period for which the applicant would be authorised to remain in Australia by the visa sought; and
(b) the period during which the applicant has already stayed in Australia;
would not exceed 12 months.
417.22—Criteria to be satisfied at time of decision
417.221
(1) If the application is made outside Australia, the applicant:
(a) continues to satisfy the criteria in clauses 417.213 to 417.217; and
(b) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014.
(2) If the application is made inside the migration zone, the applicant:
(a) continues to satisfy the criteria in clauses 417.213, 417.216, 417.218 and 417.219; and
(b) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.
417.222
If the application is lodged outside Australia, and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
417.224
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
417.225
Approval of the application would not result in either:
(a) the number of subclass 417 visas granted in a financial year exceeding the maximum number of subclass 417 visas, as determined by Gazette Notice, that may be granted in that financial year; or
(b) the number of visas of particular classes, including subclass 417, granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.
417.3—Secondary criteria
Note: All applicants must meet the primary criteria.
417.4—Circumstances applicable to grant
417.411
If the application is made in the migration zone, the applicant is in the migration zone at time of grant.
417.412
If the application is made outside Australia, the applicant is outside Australia at time of grant.
417.5—When visa is in effect
417.511
Temporary visa permitting the holder:
(a) to travel to and enter Australia until a date specified by the Minister; and
(b) to remain in Australia for a period, or until a date, specified by the Minister.
417.6—Conditions
417.611
Condition 8108.
417.612
Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
417.7—Way of giving evidence
417.711
Visa label affixed to valid passport.
Subclass 418—Educational
418.1—Interpretation
Note: No interpretation provisions specific to this subclass.)
418.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
418.21—Criteria to be satisfied at time of application
Note: No criteria to be satisfied at time of application outside Australia.
418.211
If the application is made in the migration zone the applicant is either:
(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR);
(E) Student (Temporary) (Class TU); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the holder of a Confirmatory (temporary) visa that was granted on the grounds that the applicant satisfied the criteria for a visa specified in paragraph (a) or (b); or
(d) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005; or
(e) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
418.22—Criteria to be satisfied at time of decision
418.221
The applicant:
(a) has been appointed:
(i) to a full‑time position at an Australian tertiary education institution or research institution, being an academic position or the position of a librarian, technician or laboratory demonstrator; or
(ii) to a full‑time position at an Australian tertiary education institution or research institution to undertake graduate or post‑doctoral research; or
(iii) to a full‑time position as a teacher at an Australian school or technical college, not being a tertiary education institution; and
(b) has provided with the application a letter of appointment from the relevant institution, school or college; and
(c) satisfies the Minister that the applicant intends to comply with any conditions subject to which the visa is granted.
418.222
If the application is in respect of a proposed stay in Australia of more than 4 months, the applicant is sponsored by the relevant institution, school or college.
418.223
If sponsorship of the applicant is required under clause 418.222, at the time when the sponsorship is approved:
(a) the relevant institution, school or college satisfies the Minister that it has not been possible to find a suitable person in Australia for appointment to the position; or
(b) the Minister is satisfied that there is no need to seek a suitable person in Australia for appointment to the position.
418.224
If sponsorship is required under clause 418.222:
(a) a sponsorship of the applicant has been approved by the Minister; and
(b) the sponsorship fee prescribed by regulation 5.38 has been paid.
418.225
If the applicant seeks to enter Australia in accordance with a labour agreement, the applicant establishes that:
(a) the requirements of the labour agreement have been met; and
(b) the applicant’s skills and experience are suitable for the position to which the application relates.
418.226
The applicant satisfies public interest criteria 4001 to 4004, 4006A, 4010, 4013 and 4014.
418.227
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
418.228
If the application is made in the migration zone, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
418.229
If the application is made in the migration zone and the applicant was the holder of a Student (Temporary) visa at the time of application,:
(a) the applicant has successfully completed a course of study in Australia leading to an associate diploma or above; and
(b) the applicant is sponsored by an educational or research institution that is able to establish that a person with those skills is not reasonably available in Australia; and
(c) if the applicant is a private subsidised student:
(i) the sponsor establishes a strong case on economic grounds for the grant of the visa; and
(ii) the Minister is satisfied that it would not be detrimental to Australia’s policies in respect of overseas students to grant the visa; and
(d) if the applicant is a student under a scholarship scheme or training program approved by AusAID, the applicant has the support of AusAID for the grant of the visa.
418.230
If the application is made in the migration zone:
(a) the applicant was, at the time of application, the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Expatriate (Temporary) (Class TJ);
(F) Family Relationship (Temporary) (Class TL);
(G) Interdependency (Temporary) (Class TM);
(H) Medical Practitioner (Temporary) (Class UE);
(I) Retirement (Temporary) (Class TQ);
(J) Supported Dependent (Temporary) (Class TW); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 457 (Business (Long Stay)); or
(iii) a Confirmatory (Temporary) (Class TD) visa granted on the grounds that the applicant satisfied the criteria for a visa specified in subparagraph (i) or (ii); and
(b) the grant of the visa would allow the applicant a total period of stay in Australia of more than 4 months as a temporary resident;
the applicant is sponsored by an institution, college or school.
418.231
If the application is made in the migration zone and, at the time of application, the applicant was the holder of an Electronic Travel Authority (Class UD), Long Stay (Visitor) (Class TN), Short Stay (Visitor) (Class TR), Working Holiday (Temporary) (Class TZ) or Subclass 456 (Business (Short Stay)) visa:
(a) the applicant is sponsored by an educational or research institution; and
(b) the Minister is satisfied that:
(i) it has not been possible to find a person in Australia who is suitable for the position; or
(ii) in the circumstances, the institution should not be required to seek a suitable person in Australia.
418.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
418.31—Criteria to be satisfied at time of application
418.311
The applicant is a member of the family unit of a person who has applied for a subclass 418 visa.
418.312
If the application is made outside Australia and the application is made separately from that of the family unit member satisfying the primary criteria:
(a) that family unit member is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia as a member of that family unit .
418.313
If the application is made in the migration zone the applicant has complied substantially with the conditions that apply or applied to:
(a) any visa held by the applicant; or
(b) any visa held by the applicant immediately before becoming an unlawful non‑citizen.
418.32—Criteria to be met at time of decision
418.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 418 visa.
418.322
The applicant is included in any sponsorship required in respect of the member of the family unit who, having satisfied the primary criteria, is the holder of a subclass 418 visa.
418.323
If sponsorship is not required for the member of the family unit who having satisfied the primary criteria holds a subclass 418 visa, that family unit member produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
418.324
The applicant:
(a) in all cases, satisfies public interest criteria 4001 to 4004, 4006A, 4013 and 4014; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
418.325
If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
418.4—Circumstances applicable to grant
418.411
If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.
418.412
If the application is made outside Australia, the applicant must be outside Australia at time of grant.
418.5—When visa is in effect
418.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
418.6—Conditions
418.611
If the applicant satisfies the primary criteria, condition 8107.
418.612
Any one or more of conditions 8501, 8525, 8502, 8301, 8203, 8106, 8516, 8503, 8522 and 8526 may be imposed.
418.7—Way of giving evidence
418.711
Visa label affixed to valid passport.
Subclass 419—Visiting Academic
419.1—Interpretation
Note: No interpretation provisions specific to this Part.
419.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass, need satisfy only the secondary criteria.
419.21—Criteria to be satisfied at time of application
Note: No criteria to be satisfied at time of application outside Australia.
419.211
If the application is made in the migration zone the applicant is:
(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the holder of a Confirmatory (temporary) visa which was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in paragraph (a) or (b); or
(d) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) satisfies Schedule 3 criteria 3003, 3004, and 3005; or
(e) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
419.22—Criteria to be satisfied at time of decision
419.221
If the application is:
(a) made outside Australia; or
(b) if made in the migration zone and the applicant does not hold a subclass 419 visa;
the applicant satisfies the criteria in clauses 419.222 to 419.228.
419.222
(1) The applicant is an academic who is invited to visit an Australian tertiary institution or research institution for the purpose of observing, or participating in, research at the institution.
(2) The applicant or the institution that invited the applicant provides a copy of the invitation.
419.223
If the applicant seeks to enter Australia under an agreement between Australia and another country:
(a) the Minister is satisfied that the application meets the requirements of the agreement; and
(b) the applicant has produced evidence that the stay of the applicant in Australia under the agreement has been agreed to by the competent authorities in Australia and the other country.
419.224
The applicant will not be receiving a salary, scholarship or allowance (other than an allowance towards living expenses in Australia and travel costs) from the institution.
419.225
The applicant satisfies public interest criteria 4001 to 4005, 4010, 4013 and 4014.
419.226
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
419.227
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
419.228
If the application is made in the migration zone the applicant has complied substantially with the conditions to which the visa, (if any) held, or last held, by the applicant is, or was, subject.
419.229
If the application is made in the migration zone and the applicant was at the time of application, the holder of a subclass 419 visa, the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the primary criteria for the grant of a subclass 419 visa.
419.3—Secondary criteria
Note: The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
419.31—Criteria to be satisfied at time of application
419.311
The applicant is a member of the family unit of a person who has applied for a subclass 419 visa.
419.312
If the application is made outside Australia and the application is made separately from that of the person satisfying the primary criteria:
(a) that person is, or is expected soon to be, in Australia, and
(b) the applicant intends to stay temporarily in Australia as a member of the family unit of that person .
419.313
If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
(a) any visa held by the applicant is subject; or
(b) any visa held by the applicant before becoming an unlawful non‑citizen was subject.
419.32—Criteria to be met at time of decision
419.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 419 visa.
419.322
The member of the family unit who meets the primary criteria produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
419.323
The applicant:
(a) in all cases, satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
419.324
If the application is made outside Australia and the applicant has previously been in Australia, he or she satisfies special return criteria 5001 and 5002.
419.4—Circumstances applicable to grant
419.411
If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.
419.412
If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
419.5—When visa is in effect
419.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
419.6—Conditions
419.611
If the applicant meets the primary criteria, conditions 8103 and 8107.
419.612
Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8516, 8503, 8522 and 8526 may be imposed.
419.7—Way of giving evidence
419.711
Visa label affixed to valid passport.
Subclass 420—Entertainment
420.1—Interpretation
420.111
In this Part:
Arts Minister means the Minister for Communications and the Arts.
420.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass, need satisfy only the secondary criteria.
420.21—Criteria to be satisfied at time of application
Note: No criteria to be satisfied at time of application outside Australia.
420.211
If the application is made in the migration zone the applicant is:
(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the holder of a Confirmatory (temporary) visa which was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in paragraph (a) or (b); or
(d) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) satisfies Schedule 3 criteria 3003, 3004 and 3005; or
(e) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
420.22—Criteria to be satisfied at time of decision
420.221
If the application is:
(a) made outside Australia; or
(b) is made in the migration zone and the applicant does not hold a subclass 420 visa,
the applicant satisfies the criteria in clauses 420.222 to 420.229.
420.222
(1) The applicant meets the requirements of subclause (2), (3), (4), (5) or (6).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant seeks to enter Australia as an entertainer under a performing contract for one or more specific engagements (other than non‑commercial engagements of a cultural or educational nature) in Australia to take part in a film or television production that is subsidised in whole or in part by a government in Australia; and
(b) entry is sought to perform:
(i) in a leading, major supporting or cameo role; or
(ii) to satisfy ethnic or other special requirements; and
(c) the application is supported by a certificate given by the Arts Minister, or a person authorised by the Arts Minister, confirming that relevant Australian content criteria have been met.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant seeks to enter Australia as an entertainer under a performing contract for one or more specific engagements (other than non‑commercial engagements of a cultural or educational nature) in Australia to take part in a film or television production that is not subsidised in whole or in part by a government in Australia; and
(b) entry is sought:
(i) to perform in a leading, major supporting or cameo role; or
(ii) to satisfy ethnic or other special requirements; and
(c) the application is supported by a certificate given by the Arts Minister, or a person authorised by the Arts Minister, confirming that:
(i) citizens or residents of Australia have been afforded a reasonable opportunity to participate in all levels of production; and
(ii) the foreign investment, or the private investment guaranteed against the foreign returns by a distributor, in the production, is greater than the amount to be expended on entertainers sponsored for entry.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant seeks to enter Australia:
(i) as an entertainer under a performing contract that is not related to film or television production for one or more specific engagements in Australia (other than non‑commercial engagements of a cultural or educational nature); or
(ii) to support an entertainer or group of entertainers (whether by assisting performance or by personal services) in relation to a performing contract for one or more specific engagements in Australia; or
(iii) to direct, produce or take some other part (otherwise than as a performer) in a theatre, film, television or radio production, or a concert or recording to be performed or shown in Australia, being a production, concert or recording that involves the employment of at least one resident of Australia; or
(iv) as a model or mannequin under contract for advertising or promotional purposes; and
(b) the applicant satisfies the Minister that the activity in Australia in relation to which the application is made will bring a net employment benefit to the Australian entertainment industry.
(5) An applicant meets the requirements of this subclause if the applicant seeks to enter Australia to perform in one or more specific engagements of a cultural nature for non‑commercial purposes.
(6) An applicant meets the requirements of this subclause if:
(a) the applicant seeks to enter Australia under an agreement between Australia and another country; and
(b) the Minister is satisfied that the application meets the requirements of the agreement; and
(c) the applicant has produced evidence that the applicant’s stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in that other country.
420.223
(1) Subject to subclauses (2) and (3), the applicant is sponsored by a person or body in Australia, being a person who, or body which:
(a) satisfies the Minister that the person or body has good professional and financial standing; and
(b) has not defaulted on any previous sponsorship into which the person or body has entered; and
(c) holds any necessary licences in respect of the work to which the application relates; and
(d) has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia.
(2) Subclause (1) does not apply to an applicant who seeks to enter Australia under an agreement mentioned in subclause 420.222 (6).
(3) Paragraphs (1)(a) and (d) do not apply in relation to the sponsorship of an applicant who seeks to enter Australia to perform in one or more specific engagements of a cultural nature for non‑commercial purposes.
420.224
If sponsorship is required, sponsorship of the applicant has been approved by the Minister and the sponsorship fee prescribed in regulation 5.38 has been paid.
420.225
Unless the applicant seeks to enter Australia to perform purely for non‑commercial purposes, the applicant is to be employed or engaged in Australia in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards.
420.226
The applicant satisfies public interest criteria 4001 to 4005, 4010, 4013 and 4014.
420.227
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
420.228
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
420.229
If the application is made in the migration zone the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
420.230
If the application is made in the migration zone and the applicant was at the time of application the holder of a subclass 420 visa the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the primary criteria for the grant of a subclass 420 visa.
420.3—Secondary criteria
Note: The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
420.31—Criteria to be satisfied at time of application
420.311
The applicant is a member of the family unit of a person who has applied for a subclass 420 visa.
420.312
If the aplication is made outside Australia and the application is made separately from that of the person satisfying the primary criteria:
(a) that person is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia as a member of the family unit of that person .
420.313
If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
(a) any visa held by the applicant is subject; or
(b) any visa held by the applicant immediately before becoming an unlawful non‑citizen was subject.
420.32—Criteria to be met at time of decision
420.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 420 visa.
420.322
The applicant is included in any sponsorship required in respect of the member of the family unit who satisfies the primary criteria.
420.323
If sponsorship is not required for the member of the family unit who satisfies the primary criteria, that person produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
420.324
The applicant:
(a) in all cases, satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
420.325
If the application is made outside Australia and the applicant has previously been in Australia, he or she satisfies special return criteria 5001 and 5002.
420.4—Circumstances applicable to grant
420.411
If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.
420.412
If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
420.5—When visa is in effect
420.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
420.6—Conditions
420.611
If the applicant meets the primary criteria, conditions 8107 and 8109.
420.612
Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8516, 8503, 8522 and 8526 may be imposed.
420.7—Way of giving evidence
420.711
Visa label affixed to valid passport.
Subclass 421—Sport
421.1—Interpretation
Note: eligible New Zealand citizen is defined in regulation 1.03. No interpretation provisions specific to this Part.
421.2—Primary criteria
421.21
Criteria to be satisfied at time of application
Note: If the application is made outside Australia, there are no criteria to be satisfied at time of application.
421.211
If the application is made in the migration zone the applicant is:
(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the holder of a Confirmatory (Temporary) visa which was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in paragraph (a) or (b); or
(d) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) satisfies schedule 3 criteria 3003, 3004, and 3005; or
(e) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) satisfies schedule 3 criteria 3002, 3003, 3004 and 3005.
421.22—Criteria to be satisfied at time of decision
421.221
If the application is:
(a) made outside Australia; or
(b) made in the migration zone and the applicant does not hold a subclass 421 visa;
the applicant satisfies the criteria in clauses 421.222 to 421.229.
421.222
(1) The applicant meets the requirements of subclause (2), (3), (4), (5), (6) or (7).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant is entered individually or as a member of a team to compete in a sporting event, or sporting events, in Australia, and is not so entered as a Taiwanese national claiming to represent Taiwan, China or the Republic of China; and
(b) the applicant satisfies the Minister:
(i) that the applicant has sufficient money for the support of the applicant and of any accompanying member of the applicant’s family, and of any assistant for whom the applicant is responsible, in Australia; and
(ii) that, on arrival in Australia, the applicant and any accompanying family member or assistant of that kind will possess travel tickets to a destination in a foreign country.
(3) An applicant meets the requirements of this subclause if the applicant:
(a) has been, or is to be, appointed or employed to assist a participant or team referred to in paragraph (2)(a); and
(b) satisfies the Minister:
(i) that the individual participant or team with whom the applicant is associated will provide complete financial support for the applicant and any accompanying member of the applicant’s family in Australia; and
(ii) that, on arrival in Australia, the applicant and any accompanying family member will possess travel tickets to a destination in a foreign country.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant seeks to enter Australia under an arrangement with an organisation in Australia to:
(i) be a player, coach or instructor in relation to an Australian team or organisation; or
(ii) participate in a training program; and
(b) the applicant is sponsored by an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen or an organisation in Australia; and
(c) the applicant establishes:
(i) if there is a relevant labour agreement between the Minister and an Australian sporting organisation—that the sponsorship is in accordance with the agreement; and
(ii) that the sponsor has good financial and professional status in Australia; and
(iii) that the applicant has an established reputation in the field of sport; and
(iv) that the applicant and the sponsor have entered into a formal arrangement relating to the applicant’s prospective activities in Australia; and
(d) approval of the application would not result in the number of subclass 421 visas granted in a financial year on the basis of the satisfaction of the requirements of this subclause exceeding the maximum number of such visas specified, by Gazette Notice, for the purposes of this paragraph in respect of that financial year.
(5) An applicant meets the requirements of this subclause if:
(a) the applicant seeks to enter Australia under a business arrangement with an organisation in Australia to be a sports instructor, and that arrangement is approved in writing by the Minister; and
(b) the applicant is sponsored by an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen or an organisation in Australia; and
(c) the applicant establishes that:
(i) labour market requirements have been met; and
(ii) the applicant’s qualifications and experience are suitable for the position to which the application relates; and
(iii) the applicant is to be employed or engaged in Australia in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards; and
(iv) the employer has a satisfactory training record; and
(d) the applicant satisfies the Minister that undertaking the arrangement will benefit Australia.
(6) An applicant meets the requirements of this subclause if:
(a) the applicant seeks to enter Australia to act as a judge or adjudicator at shows or competitions in Australia; and
(b) the applicant:
(i) produces a written invitation or request to act as a judge or adjudicator as stated in the application; and
(ii) provides an itinerary listing the engagements as a judge or adjudicator to be undertaken by the applicant; and
(iii) if intending to stay in Australia for more than 4 months—is sponsored by an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen or an organisation operating in Australia.
(7) An applicant meets the requirements of this subclause if the applicant:
(a) seeks to enter Australia temporarily under an agreement between Australia and another country, and the Minister is satisfied that the application meets the requirements of the agreement; and
(b) has produced evidence that the applicant’s stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in that other country.
421.223
If:
(a) the applicant is a person to whom subclause 421.222 (2) or (3) applies; and
(b) the intended period of the applicant’s stay in Australia does not exceed 4 months;
the applicant:
(c) provides a letter of invitation from an organisation in Australia in relation to the participation in an event or events in Australia of the applicant or a person or team with whom the applicant is associated, or satisfactory evidence that an entry for an event in Australia has been accepted; or
(d) is an individual competitor, or is assisting an individual competitor or a team, known internationally and having a record of participation in international events.
421.224
If:
(a) the applicant is a person to whom subclause 421.222 (2) or (3) applies; and
(b) the intended period of the applicant’s stay exceeds 4 months;
the applicant:
(c) is sponsored by an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen or an organisation in Australia; or
(d) is an individual competitor, or is associated with an individual competitor or a team, known internationally and having a record of participation in international events.
421.225
The applicant satisfies public interest criteria 4001 to 4005, 4010, 4013 and 4014.
421.226
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
421.227
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
421.228
If the application is made in the migration zone the applicant has complied substantially with the conditions to which the visa, (if any) held, or last held, by the applicant is, or was, subject.
421.229
If the application is made in the migration zone and the application is in respect of a proposed stay in Australia of more than 4 months, the applicant:
(a) is sponsored by an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen or an organisation operating in Australia; or
(b) is an individual competitor, or is associated with an individual competitor or a team, known internationally and having a record of participation in international events.
421.230
If the application is made in the migration zone and the applicant was at the time of application the holder of a subclass 421 visa, the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the primary criteria for the grant of a subclass 421 visa.
421.3—Secondary criteria
Note: The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
421.31—Criteria to be satisfied at time of application
421.311
The applicant is a member of the family unit of a person who has applied for a subclass 421 visa.
421.312
If the application is made outside Australia and the application is made separately from that of the person satisfying the primary criteria:
(a) that person is, or is expected soon to be, in Australia, and
(b) the applicant intends to stay temporarily in Australia as a member of the family unit of that person .
421.313
If the application is made in the migration zone, the applicant has complied substantially with the conditions to which;
(a) any visa held by the applicant is subject; or
(b) any visa held by the applicant before becoming an unlawful non‑citizen was subject.
421.32—Criteria to be met at time of decision
421.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 421 visa.
421.322
The applicant is included in any sponsorship required in respect of the member of the family unit who satisfies the primary criteria.
421.323
If sponsorship is not required for the person who satisfies the primary criteria, that person produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that person and the applicant.
421.324
The applicant:
(a) in all cases, satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
421.325
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
421.4—Circumstances applicable to grant
421.411
If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.
421.412
If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
421.5—When visa is in effect
421.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
421.6—Conditions
421.611
If the applicant satisfies the primary criteria, condition 8107.
421.612
Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
421.7—Way of giving evidence
421.711
Visa label affixed to a valid passport.
Subclass 422—Medical Practitioner
422.1—Interpretation
Note: eligible New Zealand citizen is defined in regulation 1.03. No interpretation provisions specific to this Part.
422.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass, need satisfy only the secondary criteria.
422.21—Criteria to be satisfied at time of application
Note: If the application is made outside Australia, there are no criteria to be satisfied at time of application.
422.211
If the application is made in the migration zone the applicant is :
(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Prospective Marriage (Temporary) (Class TO);
(I) Retirement (Temporary) (Class TQ);
(J) Supported Dependent (Temporary) (Class TW);
(K) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 427 (Domestic Worker (Temporary)—Executive);
(B) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR);
(E) Student (Temporary) (Class TU); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the holder of a Confirmatory (temporary) visa that was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in paragraph (a) or (b); or
(d) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) satisfies Schedule 3 criteria 3003, 3004 and 3005; or
(e) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
422.22—Criteria to be satisfied at time of decision
422.221
If the application is:
(a) made outside Australia; or
(b) made in the migration zone and the applicant does not hold a subclass 422 visa;
the applicant satisfies the criteria in clauses 422.222 to 422.227.
422.222
An applicant satisfies the requirements of this clause if:
(a) the applicant’s qualifications are recognised by the Medical Board of a State or Territory as entitling the applicant to practise as a medical practitioner in that State or Territory for the purposes of the position to which the application relates; and
(b) the Minister is satisfied that:
(i) labour market requirements have been met; and
(ii) the position to which the application relates is a full‑time position; and
(iii) the applicant is to be adequately remunerated in the position, having regard to Australian conditions and levels of remuneration; and
(iv) the employment of the applicant in the position would benefit Australia; and
(c) the applicant is sponsored by:
(i) a person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or
(ii) a body operating in Australia;
being the prospective employer of the applicant; and
(d) the sponsorship of the applicant under paragraph 422.222 (2)(c) has been approved by the Minister and the sponsorship fee specified in regulation 5.38 has been paid.
422.223
If the applicant seeks to enter Australia in accordance with a labour agreement, the applicant establishes that:
(a) the requirements of the labour agreement have been met; and
(b) the applicant’s skills and experience are suitable for the position to which the application relates.
422.224
The applicant satisfies public interest criteria 4001 to 4005, 4010, 4013 and 4014.
422.225
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
422.226
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
422.227
(1) If the application is made in the migration zone, the applicant meets the requirements of subclauses (2), (3) and (4).
(2) An applicant meets the requirements of this subclause if he or she has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
(3) An applicant meets the requirements of this subclause if, at the time of application, the applicant was the holder of a Student (Temporary) visa and:
(a) the applicant has successfully completed a course in Australia at Associate Diploma level or above; and
(b) the Minister is satisfied that:
(i) it has not been possible to find a person who is suitable for the position in which the applicant’s intended employer proposes to employ the applicant; or
(ii) in the circumstances, the intended employer should not be required to seek a suitable employee in Australia; and
(c) the applicant is sponsored by an intended employer that is able to establish that a person with those skills is not reasonably available in Australia; and
(d) if the applicant is a private subsidised student:
(i) the sponsor establishes a strong case on economic grounds for the grant of the visa; and
(ii) the Minister is satisfied that it would not be detrimental to Australia’s policies in respect of overseas students to grant the visa; and
(e) if the applicant is a student under a scholarship scheme or training program approved by AusAID, the applicant has the support of AusAID for the grant of the visa.
(4) An applicant meets the requirements of this subclause if:
(aa) at the time of application, the applicant was the holder of an Electronic Travel Authority (Class UD), Long Stay (Visitor) (Class TN), Short Stay (Visitor) (Class TR), Working Holiday (Temporary) (Class TZ) or Subclass 456 (Business (Short Stay)) visa; and
(a) the applicant is sponsored by the applicant’s intended employer; and
(b) the Minister is satisfied that:
(i) it has not been possible to find a person who is suitable for the position in which the applicant’s intended employer proposes to employ the applicant;
(ii) in the circumstances, the intended employer should not be required to seek a suitable employee in Australia.
422.228
If the application is made in the migration zone and the applicant was the holder of a subclass 422 visa at the time of application, the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the criteria for the grant of a subclass 422 visa.
422.3—Secondary criteria
Note: The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria
422.31—Criteria to be satisfied at time of application
422.311
The applicant is a member of the family unit of a person who has applied for a subclass 422 visa.
422.312
If the application is made outside Australia and the application is made separately from that of the family unit member satisfying the primary criteria:
(a) that family unit member is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia as a member of that family unit.
422.313
If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
(a) any visa held by the applicant is subject; or
(b) any visa held by the applicant before becoming an unlawful non‑citizen was subject.
422.32—Criteria to be met at time of decision
422.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 422 visa.
422.322
The applicant is included in the sponsorship required in respect of the person who satisfies the primary criteria.
422.323
The applicant:
(a) in all cases, satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
422.326
If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
422.4—Circumstances applicable to grant
422.411
If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.
422.412
If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
422.5—When visa is in effect
422.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
422.6—Conditions
422.611
If the applicant meets the primary criteria, condition 8107.
422.612
Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
422.7—Way of giving evidence
422.711
Visa label affixed to a valid passport.
Subclass 423—Media and Film Staff
423.1—Interpretation
Note: eligible New Zealand citizen is defined in regulation 1.03. No interpretation provisions specific to this Part.
423.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass, need satisfy only the secondary criteria.
423.21—Criteria to be satisfied at time of application
Note: if the application is made outside Australia, there are no criteria to be satisfied at time of application.
423.211
If the application is made in the migration zone the applicant is :
(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes;
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the holder of a Confirmatory (temporary) visa which was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in paragraph (a) or (b); or
(d) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) satisfies Schedule 3 criteria 3003, 3004, and 3005; or
(e) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) satisfies schedule 3 criteria 3002, 3003, 3004 and 3005.
423.22—Criteria to be satisfied at time of decision
423.221
If the application is:
(a) made outside Australia; or
(b) made in the migration zone and the person does not hold a subclass 423 visa;
the applicant satisfies the criteria in clauses 423.222 to 423.229.
423.222
(1) If the applicant seeks to enter Australia temporarily, the applicant meets the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirements of this subclause if the applicant seeks to represent an overseas news organisation as a journalist, correspondent or reporter and:
(a) either:
(i) if the organisation is not represented in Australia, the applicant provides a statement from the organisation detailing the intended activities of the organisation in Australia and the Minister is satisfied that:
(A) representation of the organisation in Australia would not be contrary to the interests of Australia; and
(B) the organisation would support the applicant financially in Australia and arrange for the applicant’s departure from Australia on or before the day of expiry of the visa; or
(ii) if the organisation is represented in Australia, the Minister is satisfied that:
(A) there is no suitable person in Australia who is capable of doing, and available to do, the work envisaged for the applicant; and
(B) that the work would not be contrary to the interests of Australia; and
(b) if the intended period of stay in Australia is more than 4 months, the applicant is sponsored by an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen, or an organisation operating in Australia.
(3) An applicant meets the requirements of this subclause if the applicant seeks to make a documentary program or a commercial that is exclusively for overseas use, and the Minister is satisfied that:
(a) there is no suitable person in Australia who is capable of doing, and available to do, the work envisaged for the applicant; and
(b) that work would not be contrary to the interests of Australia; and
(c) if the intended period of stay in Australia is more than 4 months, the applicant is sponsored by an Australian citizen, an Australian permanent resident or an organisation operating in Australia.
(4) An applicant meets the requirements of this subclause if the applicant:
(a) seeks to enter Australia temporarily under an agreement between Australia and another country; and
(b) has produced evidence that the applicant’s stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in that other country; and
(c) the Minister is satisfied that the application meets the requirements of the agreement.
423.223
If sponsorship is required under 423.222 (2)(b) or (3)(c):
(a) a sponsorship of the applicant has been approved by the Minister; and
(b) the sponsorship fee prescribed in regulation 5.38 has been paid.
423.224
The applicant is to be employed or engaged in Australia in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards.
423.225
The applicant satisfies public interest criteria 4001 to 4005, 4010, 4013 and 4014.
423.226
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
423.227
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
423.228
If the application is made in the migration zone the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
423.229
If the application is made in the migration zone and:
(a) the applicant was, at the time of application, the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Expatriate (Temporary) (Class TJ);
(F) Family Relationship (Temporary) (Class TL);
(G) Interdependency (Temporary) (Class TM);
(H) Medical Practitioner (Temporary) (Class UE);
(I) Retirement (Temporary) (Class TQ);
(J) Supported Dependent (Temporary) (Class TW); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 457 (Business (Long Stay)); or
(iii) a Confirmatory (Temporary) (Class TD) visa granted on the grounds that the applicant satisfied the criteria for a visa specified in subparagraph (i) or (ii); and
(b) the grant of the visa would allow the applicant a total period of stay in Australia of more than 4 months as a temporary resident;
the applicant is sponsored by an intended employer.
423.230
If the application is made in the migration zone and the applicant was the holder of a subclass 423 visa at the time of application, the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the primary criteria for the grant of a subclass 423 visa.
423.3—Secondary criteria
Note: The secondary criteria must be met by applicants who are members of the family unit of a person who satisfies the primary criteria.
423.31—Criteria to be satisfied at time of application
423.311
The applicant is a member of the family unit of a person who has applied for a subclass 423 visa.
423.312
If the application is made outside Australia and the application is made separately from that of the person satisfying the primary criteria:
(a) that person is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia as a member of the family unit of that person .
423.313
If the application is made in the migration zone the applicant has complied substantially with the conditions to which:
(a) any visa held by the applicant is subject; or
(b) any visa held by the applicant before becoming an unlawful non‑citizen was subject.
423.32—Criteria to be met at time of decision
423.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 423 visa.
423.322
The applicant is included in any sponsorship required in respect of the person who satisfies the primary criteria.
423.323
If sponsorship is not required for the member of the family unit who satisfies the primary criteria, that person produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
423.324
The applicant:
(a) in all cases, satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
423.325
If the application is made outside Australia and if the applicant has previously been in Australia, satisfies special return criteria 5001 and 5002.
423.4—CIRCUMSTANCES APPLICABLE TO GRANT
423.411
If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.
423.412
If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
423.5—WHEN VISA IS IN EFFECT
423.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
423.6—CONDITIONS
423.611
If the applicant meets the primary criteria, condition 8107.
423.612
Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8516, 8503, 8522 and 8526 may be imposed.
423.7—Way of giving evidence
423.711
Visa label affixed to a valid passport.
Subclass 424—Public Lecturer
424.1—Interpretation
Note: No interpretation provisions specific to this Part.
424.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass, need satisfy only the secondary criteria.
424.21—Criteria to be satisfied at time of application
Note: If the application is made outside Australia, there are no criteria to be satisfied at time of application.
424.211
If the application is made in the migration zone, the applicant is:
(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Prospective Marriage (Temporary) (Class TO);
(I) Retirement (Temporary) (Class TQ);
(J) Supported Dependent (Temporary) (Class TW);
(K) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 427 (Domestic Worker (Temporary)—Executive);
(B) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR);
(E) Special Tourist (Visitor) (Class TS);
(F) Student (Temporary) (Class TU); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the holder of a Confirmatory (temporary) visa that was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in paragraph (a) or (b); or
(d) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) satisfies Schedule 6 criteria 6005 and 6006; or
(e) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) satisfies Schedule 6 criteria 6004, 6005 and 6006.
424.22—Criteria to be satisfied at time of decision
424.221
If the application is:
(a) made outside Australia; or
(b) made in the migration zone and the applicant does not hold a subclass 424 visa;
the applicant satisfies clauses 424.222 to 424.230.
424.222
The applicant:
(a) seeks to enter Australia to deliver 1 or more public lectures in Australia; and
(b) provides details of the times when, and the places where, the applicant intends to lecture.
424.223
If the applicant seeks to enter Australia under an agreement between Australia and another country:
(a) the Minister is satisfied that the application meets the requirements of the agreement; and
(b) the applicant has produced evidence that the applicant’s stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in that other country.
424.224
If the applicant intends to lecture at the invitation of, or on behalf of, a person or organisation in Australia:
(a) if the applicant intends to stay in Australia for not more than 4 months—the person or organisation invites the applicant in writing and the applicant produces the invitation to the Minister; or
(b) if the applicant intends to stay in Australia for more than 4 months and the applicant is not a person to whom clause 424.223 applies—the applicant is sponsored by the person or organisation.
424.225
If sponsorship is required under clause 424.224:
(a) a sponsorship of the applicant has been approved by the Minister; and
(b) the sponsorship fee prescribed in regulation 5.38 has been paid.
424.226
The applicant satisfies public interest criteria 4001 to 4005, 4010, 4013 and 4014.
424.227
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
424.228
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
424.229
If:
(a) the applicant was, at the time of application, the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Expatriate (Temporary) (Class TJ);
(F) Family Relationship (Temporary) (Class TL);
(G) Interdependency (Temporary) (Class TM);
(H) Medical Practitioner (Temporary) (Class UE);
(I) Retirement (Temporary) (Class TQ);
(J) Supported Dependent (Temporary) (Class TW);
(K) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary) —Executive);
(C) Subclass 457 (Business (Long Stay)); or
(iii) a Confirmatory (Temporary) (Class TD) visa granted on the grounds that the applicant satisfied the criteria for a visa specified in subparagraph (i) or (ii); and
(b) the grant of the visa would allow the applicant a total period of stay in Australia of more than 4 months as a temporary resident;
the applicant is sponsored by the person who, or organisation that, invited the applicant to lecture.
424.230
The applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
424.231
If the application is made in the migration zone and the applicant was the holder of a subclass 424 visa at the time of application, the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the criteria for the grant of a subclass 424 visa.
424.3—Secondary criteria
Note: The secondary criteria must be met by applicants who are members of the family unit of a person who satisfies the primary criteria.
424.31—Criteria to be satisfied at time of application
424.311
The applicant is a member of the family unit of a person who has applied for a subclass 424 visa.
424.312
If the application is made outside Australia and the application is made separately from that of the family unit member satisfying the primary criteria:
(a) that family unit member is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia as a member of that family unit .
424.313
If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
(a) any visa held by the applicant is subject; or
(b) any visa held by the applicant before becoming an unlawful non‑citizen was subject.
424.32—Criteria to be met at time of decision
424.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 424 visa.
424.322
The applicant is included in any sponsorship required in respect of the person who satisfies the primary criteria for the grant of a subclass 424 visa.
424.323
If sponsorship is not required for the member of the family unit who satisfies the primary criteria, that family unit member produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
424.324
The applicant:
(a) in all cases, satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
424.326
If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
424.4—Circumstances applicable to grant
424.411
If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.
424.412
If the application is made outside Australia, the applicant must be outside Australia at time of grant.
424.5—When visa is in effect
424.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
424.6—Conditions
424.611
If the applicant satisfies the primary criteria, condition 8107.
424.612
Any 1 or more of conditions 8106, 8301, 8303, 8501, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.
424.7—Way of giving evidence
424.711
Visa label affixed to a valid passport.
Subclass 425—Family Relationship
425.1—Interpretation
Note: No interpretation provisions specific to this Part.
425.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
425.21—Criteria to be satisfied at time of application
Note: If the application is made outside Australia, there are no criteria to be satisfied at time of application.
425.211
If the application is made in the migration zone the applicant is:
(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the holder of a Confirmatory (temporary) visa that was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in paragraph (a) or (b); or
(d) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) satisfies Schedule 3 criteria 3003, 3004 and 3005; or
(e) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
425.22—Criteria to be satisfied at time of decision
425.221
If the application is:
(a) made outside Australia; or
(b) made in the migration zone and the applicant does not hold a subclass 425 visa;
the applicant satisfies the criteria in clauses 425.222 to 425.227.
425.222
The applicant has not turned 18 and is not married.
425.223
The Minister is satisfied that:
(a) if granted entry to Australia, the applicant would live with a family in Australia who are the applicant’s relatives, or have close family connections with the applicant’s family; and
(b) the family in Australia is able to provide the applicant with accommodation and financial support for the period of the applicant’s stay in Australia; and
(c) at least 1 member of the family in Australia is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen, and is living with that family; and
(d) the main purpose of the stay would not be to improve the applicant’s proficiency in English or to undertake formal studies; and
(e) the applicant does not intend to stay longer than 12 months in Australia.
425.224
The applicant satisfies public interest criteria 4001 to 4005, 4010, 4013 and 4014.
425.225
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
425.226
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
425.227
If the application is made in the migration zone the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
425.228
If the application is made in the migration zone and the applicant was the holder of a subclass 425 visa at the time of application the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the criteria for the grant of a subclass 425 visa.
425.3—Secondary criteria
Note: The secondary criteria must be met by applicants who are members of the family unit of a person who satisfies the primary criteria.
425.31—Criteria to be satisfied at time of application
425.311
The applicant is a member of the family unit of a person who has applied for a subclass 425 visa.
425.312
If the application is made outside Australia and the application is made separately from that of the person satisfying the primary criteria:
(a) that person is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia as a member of that family unit.
425.313
If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
(a) any visa held by the applicant is subject; or
(b) any visa held by the applicant before becoming an unlawful non‑citizen was subject.
425.32—Criteria to be met at time of decision
425.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 425 visa.
425.322
The member of the family unit who meets the primary criteria for grant of the subclass 425 visa produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
425.323
The applicant:
(a) in all cases satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
425.324
If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
425.4—Circumstances applicable to grant
425.411
If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.
425.412
If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
425.5—When visa is in effect
425.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
425.6—Conditions
425.611
Condition 8101.
425.612
Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8516, 8503, 8522 and 8526 may be imposed.
425.7—Way of giving evidence
425.711
Visa label affixed to a valid passport.
Subclass 426—Domestic Worker (Temporary)—Diplomatic or Consular
426.1—Interpretation
426.111
In this Part:
current employer, in relation to the applicant, means the person whose household is the household in relation to employment in which the subclass 426 visa was granted to the applicant.
426.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass, need satisfy only the secondary criteria.
426.21—Criteria to be satisfied at time of application
Note: If the application is made outside Australia, there are no criteria to be satisfied at time of application.
426.211
If the application is made in the migration zone:
(a) the applicant is the holder, having met the primary criteria, of a subclass 426 visa; or
(b) the applicant is not the holder of a substantive visa; and
(i) the last substantive visa held by the applicant was a subclass 426 visa; and
(ii) the applicant satisfies Schedule 3 criteria 3003 and 3004.
426.22—Criteria to be satisfied at time of decision
426.221
If the application is:
(a) made outside Australia; or
(b) made in the migration zone and the applicant does not hold a subclass 426 visa;
the applicant satisfies clauses 426.222 to 426.228.
426.222
If the application is made outside Australia, the applicant:
(a) has turned 18; and
(b) seeks to enter Australia to undertake full‑time domestic duties in the household of a person who:
(i) is a diplomatic or consular representative in Australia of another country; and
(ii) is not a permanent resident of Australia; and
(iii) has entered into an employment agreement with the applicant in relation to those duties; and
(c) is to be employed or engaged in Australia in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards.
426.223
The application has the support in writing of the Foreign Minister.
426.224
The applicant satisfies public interest criteria 4001 to 4005, 4010, 4013 and 4014.
426.225
The applicant has complied substantially with any conditions to which the visa described in paragraph 426.211(a) is subject.
426.226
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
426.227
If the application is made in the migration zone, the Minister is satisfied that:
(a) the applicant is undertaking, and while remaining in Australia will continue to undertake, full‑time domestic duties in the household of the applicant’s current employer; or
(b) the applicant seeks to remain in Australia to undertake full‑time domestic duties in the household of a person (other than the applicant’s current employer) who:
(i) is a diplomatic or consular representative in Australia of the same or another country; and
(ii) has entered into an employment agreement with the applicant in relation to those duties.
426.228
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
426.229
If the application is made in the migration zone and the applicant was the holder of a subclass 426 visa at the time of application, the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the primary criteria for the grant of a subclass 426 visa.
426.3—Secondary criteria
Note: The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
426.31—Criteria to be satisfied at time of application
426.311
The applicant is a member of the family unit of a person who has applied for a subclass 426 visa.
426.312
If the application is made outside Australia and the application is made separately from that of the family unit member satisfying the primary criteria:
(a) that family unit member is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia as a member of that family unit.
426.313
If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
(a) any visa held by the applicant is subject; or
(b) any visa held by the applicant before becoming an unlawful non‑citizen was subject.
426.32—Criteria to be satisfied at time of decision
426.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 426 visa.
426.323
The member of the family unit who satisfies the primary criteria produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
426.324
The application has the support in writing of the Foreign Minister.
426.325
The applicant:
(a) in all cases, satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
426.326
If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
426.4—Circumstances applicable to grant
426.411
If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.
426.412
If the application is made outside Australia, the applicant must be outside Australia at time of grant.
426.5—When visa is in effect
426.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
426.6—Conditions
426.611
Condition 8110 and, if the applicant satisfies the primary criteria, condition 8107.
426.612
Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8516, 8503, 8522 and 8526 may be imposed.
426.7—Way of giving evidence
426.711
Visa label affixed to a valid passport.
Subclass 427—Domestic Worker (Temporary)—Executive
427.1—Interpretation
Note: No interpretation provisions specific to this Part.
427.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass, need satisfy only the secondary criteria.
427.21—Criteria to be satisfied at time of application
Note: If the application is made outside Australia, there are no criteria to be satisfied at time of application.
427.211
If the application is made in the migration zone the applicant is either:
(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the holder of a Confirmatory (temporary) visa which was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in paragraph (a) or (b); or
(d) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) satisfies Schedule 3 criteria 3003, 3004 and 3005; or
(e) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
427.22—Criteria to be satisfied at time of decision
427.221
If the application is:
(a) made outside Australia; or
(b) made inside the migration zone and the applicant does not hold a subclass 427 visa, the applicant satisfies criteria 427.222 to 427.232.
427.222
The applicant seeks to enter Australia to undertake full‑time domestic duties in the household of an executive who:
(a) is in charge of an Australian office of an overseas organisation; and
(b) is the holder of:
(i) a Subclass 412 (Independent Executive) visa; or
(ii) a Subclass 413 (Executive) visa; or
(iii) a Subclass 457 (Business (Long Stay)) visa granted on the basis of the holder meeting the requirements of subclause 457.223 (6) or (7).
427.223
If the executive is sponsored by an organisation in Australia, the applicant gives satisfactory evidence to the Minister that the applicant is sponsored by that organisation.
427.224
If the executive is not sponsored by an organisation in Australia, the applicant lodges with the application:
(a) an employment agreement, acceptable to the Minister, between the applicant and the executive for the performance of full‑time domestic duties in the household of the executive; and
(b) an undertaking by the executive to be responsible for:
(i) all financial liabilities of the applicant arising out of the applicant’s stay in Australia; and
(ii) compliance by the applicant with:
(A) all legislation and awards (including State or Territory legislation and awards) relating to the applicant’s proposed employment; and
(B) the departure of the applicant from Australia not later than the departure of the executive from Australia.
427.225
The executive:
(a) establishes:
(i) that the executive has been unable to find a suitable person in Australia for the relevant position; or
(ii) that there are compelling reasons for employing the applicant; and
(b) produces a written undertaking:
(i) to meet all the applicant’s travel expenses to Australia to take up the position and to a destination outside Australia on the expiry of the contract of employment and not later than the time of expiry of the visa; and
(ii) not to seek to recover any expenditure by the executive in relation to the applicant’s travel to or from Australia or financial support of the applicant in Australia.
427.226
The applicant has turned 18 and has experience as a domestic worker.
427.227
The applicant is to be employed or engaged in Australia in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards.
427.228
The applicant satisfies public interest criteria 4001 to 4005, 4010, 4013 and 4014.
427.229
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
427.230
If the application is made outside Australia, and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
427.231
Either:
(a) the sponsorship of the applicant under clause 427.223 has been approved by the Minister; or
(b) the documents mentioned in clause 427.224 have been lodged with the Minister;
as the case requires, and the sponsorship fee specified in regulation 5.38 has been paid.
427.232
If the application is made in the migration zone the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
427.233
If the application is made in the migration zone, and the applicant was at the time of application the holder of a subclass 427 visa, the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the primary criteria for the grant of a subclass 427 visa.
427.3—Secondary criteria
Note: The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
427.31—Criteria to be satisfied at time of application
427.311
The applicant is a member of the family unit of a person who has applied for a subclass 427 visa.
427.312
If the application is made outside Australia and the application is made separately from that of the family unit member satisfying the primary criteria:
(a) that family unit member is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia as a member of that family unit.
427.313
If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
(a) any visa held by the applicant is subject; or
(b) any visa held by the applicant before becoming an unlawful non‑citizen was subject.
427.32—Criteria to be met at time of decision
427.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 427 visa.
427.322
The applicant is included in any sponsorship required in respect of the person who satisfies the primary criteria.
427.323
If sponsorship is not required for the member of the family unit who satisfies the primary criteria, that family unit member produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
427.324
The applicant:
(a) in all cases, satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
427.325
If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
427.4—Circumstances applicable to grant
427.411
If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.
427.412
If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
427.5—When visa is in effect
427.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
427.6—Conditions
427.611
If the applicant meets the primary criteria, conditions 8107 and 8111.
427.612
Any 1 or more of conditions 8501, 8502, 8301, 8303, 8106, 8516, 8522, 8503 and 8526 may be imposed.
427.7—Way of giving evidence
427.711 Visa label affixed to a valid passport.
Subclass 428—Religious Worker
428.1—Interpretation
Note: No interpretation provisions specific to this Part.
428.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass, need satisfy only the secondary criteria.
428.21 Criteria to be satisfied at time of application
Note: If the application is made outside Australia, there are no criteria to be satisfied at time of application.
428.211
If the application is lodged in the migration zone, the applicant is:
(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the holder of a Confirmatory (temporary) visa that was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in paragraph (a) or (b); or
(d) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) satisfies Schedule 3 criteria 3003, 3004 and 3005; or
(e) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
428.22—Criteria to be satisfied at time of decision
428.221
If the application is:
(a) made outside Australia; or
(b) made in the migration zone and the applicant does not hold a subclass 428 visa;
the applicant meets the requirements of clauses 428.222 to 428.228.
428.222
The applicant is sponsored by a religious organisation in Australia to undertake work in Australia that directly serves the religious objectives of the organisation, and the sponsorship has been approved by the Minister and the sponsorship fee prescribed in regulation 5.38 has been paid.
428.223
The applicant provides a written undertaking by the religious organisation:
(a) to meet all the applicant’s travel expenses to a place in a foreign country on:
(i) the expiry of the sponsorship; or
(ii) the expiry of the visa;
whichever is the earlier; and
(b) not to seek to recover from the applicant any expenditure by the religious organisation in relation to the applicant’s travel to or from Australia, or in relation to financial support of the applicant in Australia.
428.225
The applicant satisfies public interest criteria 4001 to 4005, 4010, 4013 and 4014.
428.226
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
428.227
If the application is lodged outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
428.228
The applicant has complied substantially with the conditions to which the visa, (if any) held, or last held, by the applicant is, or was, subject.
428.229
If the application is made in the migration zone and the applicant was the holder of a subclass 428 visa at the time of application, the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the primary criteria for the grant of a subclass 428 visa.
428.3—Secondary criteria
Note: The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
428.31—Criteria to be satisfied at time of application
428.311
The applicant is a member of the family unit of a person who has applied for a subclass 428 visa.
428.312
If the application is lodged outside Australia and the application is made separately from that of the person satisfying the primary criteria:
(a) that person is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia as a member of the family unit of that person.
428.313
If the application is lodged in the migration zone, the applicant has complied substantially with the conditions to which:
(a) any visa held by the applicant is subject; or
(b) any visa held by the applicant before becoming an unlawful non‑citizen was subject.
428.32—Criteria to be met at time of decision
428.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 428 visa.
428.322
The applicant is included in the sponsorship required in respect of the person who meets the primary criteria.
428.323
The applicant:
(a) in all cases, satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
428.324
If the application is lodged outside Australia and if the applicant has previously been in Australia, satisfies special return criteria 5001 and 5002.
428.4—Circumstances applicable to grant
428.411
If the application is made in the migration zone, the applicant is in the migration zone at the time of grant.
428.412
If the application is made outside Australia, the applicant is outside Australia at the time of grant.
428.5—When visa is in effect
428.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
428.6—Conditions
428.611
If the applicant satisfies the primary criteria, conditions 8107 and 8303.
428.612
Any 1 or more of conditions 8106, 8107, 8301, 8303, 8501, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.
428.7—Way of giving evidence
428.711
Visa label affixed to a valid passport.
Subclass 430—Supported Dependent
430.1—Interpretation
Note: No interpretation provisions specific to this Part.
430.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass, need satisfy only the secondary criteria.
430.21—Criteria to be satisfied at time of application
Note: if the application is made outside Australia, there are no criteria to be satisfied at time of application.
430.211
If the application is made in the migration zone the applicant is:
(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the holder of a Confirmatory (temporary) visa which was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in paragraph (a) or (b); or
(d) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) satisfies Schedule 3 criteria 3003, 3004 and 3005; or
(e) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
430.22—Criteria to be satisfied at time of decision
430.221
If the application is:
(a) made outside Australia; or
(b) made in the migration zone and the applicant does not hold a subclass 430 visa;
the applicant satisfies the criteria in clauses 430.222 to 430.226.
430.222
The applicant is a dependant of a person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen and the application is supported in writing by that person.
430.223
The applicant satisfies public interest criteria 4001 to 4005, 4010, 4013 and 4014.
430.224
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
430.225
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
430.226
If the application is made in the migration zone, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
430.227
If the application is made in the migration zone and the applicant was at the time of application the holder of a subclass 430 visa, the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the primary criteria for the grant of a subclass 430 visa.
430.3—Secondary criteria
Note: The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
430.31—Criteria to be satisfied at time of application
430.311
The applicant is a member of the family unit of a person who has applied for a subclass 430 visa.
430.312
If the application is made outside Australia and the application is made separately from that of the person satisfying the primary criteria:
(a) that person is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia as a member of the family unit of that person.
430.313
If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
(a) any visa held by the applicant is subject; or
(b) any visa held by the applicant before becoming an unlawful non‑citizen was subject.
430.32—Criteria to be satisfied at time of decision
430.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 430 visa.
430.322
The member of the family unit who satisfies the primary criteria produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
430.323
The applicant:
(a) in all cases satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
430.324
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
430.4—Circumstances applicable to grant
430.411
If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.
430.412
If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
430.5—When visa is in effect
430.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
430.6—Conditions
430.611
Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
430.7—Way of giving evidence
430.711
Visa label affixed to a valid passport.
Subclass 432—Expatriate (Temporary)
432.1—Interpretation
Note: No interpretation provisions specific to this Part.
432.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass, need satisfy only the secondary criteria.
432.21—Criteria to be satisfied at time of application
Note: If the application is made outside Australia, there are no criteria to be satisfied at time of application.
432.211
If the application is made in the migration zone the applicant either:
(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the holder of a Confirmatory (temporary) visa which was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in paragraph (a) or (b); or
(d) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) satisfies Schedule 3 criteria 3003, 3004 and 3005; or
(e) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
432.22—Criteria to be satisfied at time of decision
432.221
If the application is:
(a) made outside Australia; or
(b) made in the migration zone and the applicant does not hold a subclass 432 visa;
the applicant satisfies the criteria in subclauses 432.222 to 432.230.
432.222
The applicant is a spouse or dependant of an employee of a reputable international company.
432.223
The employee has been assigned by the company to work in a remote location in South East Asia, the South Pacific or Papua New Guinea.
432.224
The applicant wishes to reside in Australia for part or all of the term of the assignment.
432.225
The company is dependent on Australia for supplies or has other business associations with Australia.
432.226
The company gives a written undertaking:
(a) to be responsible for the departure from Australia to a destination outside Australia of the applicant, and of members of the family unit of that person, not later than the time of expiry of the visa; and
(b) to bear all costs of travel to that destination.
432.227
The applicant satisfies public interest criteria 4001 to 4005, 4010, 4013 and 4014.
432.228
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
432.229
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
432.230
If the application is made in the migration zone, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
432.231
If the application is made in the migration zone and the applicant was at the time of application the holder of a subclass 432 visa, the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the primary criteria for the grant of a subclass 432 visa.
432.3—Secondary criteria
Note: The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
432.31—Criteria to be satisfied at time of application
432.311
The applicant is a member of the family unit of a person who has applied for a subclass 432 visa.
432.312
If the application is made outside Australia and the application is made separately from that of the member of the family unit satisfying the primary criteria:
(a) that member of the family unit is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia as a member of that family unit .
432.313
If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
(a) any visa held by the applicant is subject; or
(b) any visa held by the applicant before becoming an unlawful non‑citizen was subject.
432.32—Criteria to be satisfied at time of decision
432.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 432 visa.
432.322
The member of the family unit who satisfies the primary criteria produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
432.323
The applicant:
(a) in all cases, satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
432.324
If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
432.4—Circumstances applicable to grant
432.411
If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.
432.412
If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
432.5—When visa is in effect
432.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
432.6—Conditions
432.611
Condition 8101.
432.612
Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
432.7—Evidence of grant
432.711
Visa label affixed to valid passport.
Subclass 435—Sri Lankan
435.1—Interpretation
Note: No interpretation provisions specific to this Part.
435.2—Primary criteria
Note: All applicants must meet the primary criteria.
435.21—Criteria to be satisfied at time of application
435.211
If section 48 of the Act applies to the applicant, he or she has not been refused a visa, or had a visa cancelled, under section 501 of the Act.
435.212
The applicant is a citizen, and normally a resident, of Sri Lanka.
435.213
The applicant did not enter Australia after 31 July 1996.
435.214
The applicant is not the holder of a visa (other than a Subclass 435 visa) having effect on or after 31 July 1997.
435.22—Criteria to be satisfied at time of decision
435.221
The applicant continues to satisfy the criterion in clause 435.214.
435.222
If the grant of the visa would result in the applicant being authorised to stay in Australia for a period totalling more than 12 months:
(a) the applicant has undergone a medical examination carried out by a Commonwealth Medical Officer; and
(b) the applicant:
(i) has undergone a chest X‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or
(ii) is below the age of 16 years and is not a person in respect of whom a Commonwealth Medical Officer has requested such an examination.
435.3—Secondary criteria: Nil.
Note: All applicants must meet the primary criteria.
435.4—Circumstances applicable to grant
435.411
The applicant must be in the migration zone when the visa is granted.
435.5—When visa is in effect
435.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until 31 July 1997.
435.6—Conditions
435.611
Condition 8303 may be imposed.
435.7—Way of giving evidence
435.711
Visa label affixed to a valid passport.
Subclass 442—Occupational Trainee
442.1—Interpretation
Note: No interpretation provisions specific to this Part.
442.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass, need satisfy only the secondary criteria.
442.21—Criteria to be satisfied at time of application
Note: if the application is made outside Australia, there are no criteria to be satisfied at time of application.
442.211
If the application is made in the migration zone the applicant is:
(a) the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Family Relationship (Temporary) (Class TL);
(E) Interdependency (Temporary) (Class TM);
(F) Medical Practitioner (Temporary) (Class UE);
(G) Retirement (Temporary) (Class TQ);
(H) Supported Dependent (Temporary) (Class TW);
(I) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 442 (Occupational Trainee);
(D) Subclass 457 (Business (Long Stay)); or
(b) the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR);
(E) Student (Temporary) (Class TU); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the holder of a Confirmatory (temporary) visa which was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in paragraph (a) or (b); or
(d) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) satisfies Schedule 3 criteria 3003, 3004 and 3005; or
(e) not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
442.22—Criteria to be satisfied at time of decision
442.221
If the application is:
(a) made outside Australia; or
(b) made in the migration zone and the applicant does not hold a subclass 442 visa;
the applicant satisfies the criteria in clauses 442.222 to 442.229.
442.222
(1) Except in the case of an application made in relation to occupational training to be provided by the Commonwealth, a nomination in respect of the occupational training has been lodged and has been approved by the Minister.
(2) The reference in subclause (1) to occupational training to be provided by the Commonwealth includes occupational training to be provided by:
(a) a body corporate incorporated for a public purpose by an Act or regulations made under an Act; or
(b) an authority or body, not being a body corporate, established for a public purpose by, or under, an Act or regulations made under an Act.
442.223
The Minister is satisfied:
(a) that the occupational training that is proposed will give the applicant additional or enhanced skills that the applicant will be able to utilise in the applicant’s employment after leaving Australia; and
(b) that occupational opportunities available to Australian citizens or permanent residents of Australia will not be adversely affected if the visa is granted.
442.224
The Minister is satisfied that the applicant is a genuine applicant for entry to Australia as an occupational trainee.
442.225
The applicant satisfies public interest criteria 4001 to 4005, 4010, 4013 and 4014.
442.226
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
442.227
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
442.228
If the application is made in the migration zone the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
442.229
If the application is made in the migration zone and if the applicant is the holder of a Student (Temporary) visa, the applicant was granted that visa because:
(a) the applicant was a trainee; or
(b) before 1 September 1994 was the holder of:
(i) a trainee (non‑formal course) (code number 554) visa; or
(ii) a trainee (English language) (code number 555) visa granted as a prerequisite to occupational training; or
(iii) a student (category B) (code number 561) visa, granted before 1 April 1991 as a prerequisite to occupational training.
442.230
If the application is made in the migration zone and the applicant was at the time of application, the holder of a subclass 442 visa, the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the primary criteria for the grant of a subclass 442 visa.
442.3—Secondary criteria
Note: The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
442.31—Criteria to be satisfied at time of application
442.311
The applicant is a member of the family unit of a person who has applied for a subclass 442 visa.
442.312
If the application is made outside Australia and the application is made separately from that of the family unit member satisfying the primary criteria:
(a) that family unit member is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia as a member of that family unit.
442.313
If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
(a) any visa held by the applicant is subject; or
(b) any visa held by the applicant before becoming an unlawful non‑citizen was subject.
442.32—Criteria to be satisfied at time of decision
442.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 442 visa.
442.322
The member of the family unit who satisfies the primary criteria produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
442.323
The applicant:
(a) in all cases, satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
442.324
If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
442.4—Circumstances applicable to grant
442.411
If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.
442.412
If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
442.5—When visa is in effect
442.511 Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
442.6—Conditions
442.611
If the applicant meets the primary criteria, conditions 8102 and 8202.
442.612
If the applicant meets the secondary criteria, condition 8101.
442.613
Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
442.7—Way of giving evidence
442.711
Visa label affixed to a valid passport.
Subclass 443—Citizens Of Former Yugoslavia
443.1—Interpretation
Note: No interpretation provisions specific to this Part.
443.2—Primary criteria
Note: All applicants must meet the primary criteria.
443.21—Criteria to be satisfied at time of application
443.211
If section 48 of the Act applies to the applicant, he or she has not been refused a visa, or had a visa cancelled, under section 501 of the Act.
443.212
The applicant is a person who:
(a) was, on 19 June 1991, a citizen of the Socialist Federal Republic of Yugoslavia; and
(b) is usually resident in a place that, on 19 June 1991, formed part of the Socialist Federal Republic of Yugoslavia;
or, if born on or after 20 June 1991, is a dependent child of such a person.
443.213
The applicant did not enter Australia after 31 July 1996.
443.214
The applicant is not the holder of a visa (other than a Subclass 443 visa) having effect on or after 31 July 1997.
443.22—Criteria to be satisfied at time of decision
443.221
The applicant continues to satisfy the criterion specified in clause 443.214.
443.222
If the grant of the visa would result in the applicant being authorised to stay in Australia for a period totalling more than 12 months:
(a) the applicant has undergone a medical examination carried out by a Commonwealth medical officer; and
(b) the applicant:
(i) has undergone a chest X‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or
(ii) is below the age of 16 years and is not a person in respect of whom a Commonwealth Medical Officer has requested such an examination.
443.3—Secondary criteria
Note: All applicants must meet the primary criteria.
443.4—Circumstances applicable to grant
443.411
The applicant must be in the migration zone when the visa is granted.
443.5—When visa is in effect
443.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until 31 July 1997.
443.6—Conditions
443.611
Condition 8303 may be imposed.
443.7—Way of giving evidence
443.711
Visa label affixed to a valid passport.
Subclass 444—Special Category
444.1—Interpretation
Note: No interpretation provisions specific to this Part.
444.21—Criteria to be satisfied at time of application
444.211
The applicant is a non‑citizen who meets the requirements of paragraph 32 (2)(a) of the Act.
Note: The only criteria are those set out in paragraph 32 (2) (a) of the Act and in regulation 5.15A. Under paragraph 32 (2) (a) of the Act, the requirements are: that the applicant is a New Zealand citizen; that the applicant holds, and has shown an officer, a New Zealand passport that is in force; and that the applicant is neither a behaviour concern non-citizen nor a health concern non-citizen.
The terms behaviour concern non-citizen and health concern non-citizen are defined in subsection 5 (1) of the Act. Prescribed diseases in respect of a health concern non-citizen are set out in regulation 5.16. The definition of behaviour concern non-citizen includes a person who has been excluded from another country in certain circumstances. Those circumstances are set out in regulation 5.15.
Paragraph 32 (2) (c) of the Act allows other classes of persons to be declared by the regulations as classes of persons for whom a visa of another class would be inappropriate, and the declaration of a class of persons is to be found in regulation 5.15A.
Under regulation 5.15A, the requirements are that the applicant is a New Zealand citizen who holds, and has shown an officer, a New Zealand passport that is in force; that the applicant is not a health concern non-citizen; and that the applicant is a behaviour concern non-citizen only because he or she has been excluded from another country in circumstances that, in the Minister’s opinion, do not warrant the exclusion of the applicant from Australia.
444.2—Criteria to be satisfied at time of decision
444.221
The applicant continues to satisfy the criterion set out in clause 444.211.
444.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
444.4—Circumstances applicable to grant
444.411
At the time of grant, the applicant must:
(a) be in Australia; or
(b) intend to travel to Australia on a pre‑cleared flight and be in immigration clearance at a port outside Australia at which pre‑clearance procedures are carried out.
Note: For pre‑cleared flight see the Act, s. 17.
444.5—When visa is in effect
444.511
Temporary visa permitting the holder to remain in Australia while the holder is a New Zealand citizen.
444.6—Conditions: Nil.
444.7—Way of giving evidence
444.711
If the grant is made:
(a) in immigration clearance—a port and date stamp placed in the passport of the holder; or
(b) in Australia after immigration clearance—a “special category visa holder” stamp placed in the passport of the holder; or
(c) at an airport outside Australia at which pre‑clearance procedures are carried out—a “pre‑cleared” stamp placed in the passport of the holder.
Subclass 445—Dependent Child
445.1—Interpretation
Note: No interpretation provisions specific to this Part.
445.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
445.21—Criteria to be satisfied at time of application
445.211
The applicant:
(a) is not in Australia; and
(b) is a dependent child of a person who is the holder of a visa of one of the following classes:
(i) Extended Eligibility (Temporary) (Class TK);
(ii) Interdependency (Provisional) (Class UG);
(iii) Spouse (Provisional) (Class UF); and
(c) is sponsored by that person.
445.22—Criteria to be satisfied at time of decision
445.221
The applicant continues to be sponsored by the person referred to in paragraph 445.211 (c).
445.222
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.
445.223
The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
445.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
445.4—Circumstances applicable to grant
445.411
The applicant must be outside Australia when the visa is granted.
445.5—When a visa is in effect
445.511
Temporary visa permitting the holder to travel to, enter and remain in Australia within the visa period of the Extended Eligibility (Temporary) (Class TK) visa, Interdependency (Provisional) (Class UG) visa or Spouse (Provisional) (Class UF) visa held by the person on whom the applicant is dependent.
445.6—Conditions: Nil.
445.7—Way of giving evidence
445.711
Visa label affixed to a valid passport.
Subclass 446—Confirmatory (Temporary)
446.1—Interpretation
446.111
In this Part:
remaining criteria, in relation to an applicant who is the holder, on the basis of having satisfied the primary criteria, of a subclass 303 visa, means the criteria referred to in paragraph 303.212 (b) that he or she had not satisfied at the time of grant of that visa.
446.2—Primary criteria
Note: All applicants must meet the primary criteria.
446.21—Criteria to be satisfied at time of application
446.211
(1) The applicant is the holder of a subclass 303 visa.
(2) The applicant:
(a) has satisfied the remaining criteria; or
(b) is a member of the family unit of a person who has applied for a Confirmatory (temporary) visa on the grounds of satisfying the remaining criteria.
446.22—Criteria to be satisfied at time of decision
446.221
In the case of an applicant referred to in paragraph 446.211(2)(b):
(a) the other person referred to in that paragraph holds a Confirmatory (temporary) visa; and
(b) the applicant has satisfied the secondary criteria for the grant of the visa initially applied for by that other person.
446.3—Secondary criteria: Nil.
Note: All applicants must meet the primary criteria.
446.4—Circumstances applicable to grant
446.411
An applicant must be in the migration zone when the visa is granted.
446.5—When visa is in effect
446.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
446.6—Conditions
446.611
Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
446.7—Way of giving evidence
446.711
Visa label affixed to a valid passport.
Subclass 456—Business (Short Stay)
456.1—Interpretation
456.111
In this Part:
approved nominator means:
(a) the Government of a State or Territory; or
(b) a body approved in writing by the Minister for the purposes of this Part.
456.112
For the purposes of this Part, an application that is made on an applicant’s behalf by an approved nominator is taken to be an application made outside Australia.
Note: work is defined in regulation 1.03.
456.2—Primary criteria
456.21—Criteria to be satisfied at time of application
456.211
The applicant:
(a) seeks to enter, or remain in, Australia temporarily for business purposes; and
(b) proposes in the application to remain in Australia for not more than 3 months on any single occasion; and
(c) has adequate funds for personal support during the period of his or her stay in Australia on each such occasion.
456.212
The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.
456.213
The applicant does not intend to engage in:
(a) any course:
(i) leading to the completion of a primary or secondary education program; or
(ii) leading to a degree, diploma, trade certificate or other formal award; or
(b) any other course (other than a language training program) completion of which may be unconditionally credited towards, or accepted as a prerequisite for, a course of studies at a higher educational institution within or outside Australia.
456.214
If the application is made in Australia:
(a) the applicant:
(i) is the holder of a substantive temporary visa other than a Subclass 426 (Domestic Worker (Temporary)—Diplomatic or Consular) visa; or
(ii) does not hold a substantive visa and:
(A) immediately before ceasing to hold a substantive visa was the holder of a substantive temporary visa except a visa of Subclass 426; and
(B) satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and
(b) the applicant has complied substantially with the conditions (if any) to which the visa held, or last held, by the applicant is, or was, subject.
456.22—Criteria to be satisfied at time of decision
456.221
(1) The applicant meets the requirements of subclause (2) or (3).
(2) The applicant meets the requirements of this subclause if:
(a) the applicant continues to satisfy the criteria in clauses 456.211 and 456.212; and
(b) the applicant satisfies the Minister that the expressed intention of the applicant only to stay in Australia temporarily for business purposes is genuine; and
(c) satisfies:
(i) public interest criteria 4001, 4002, 4003, 4004, 4011, 4013 and 4014; and
(ii) except where the applicant is a person to whom subclause (4) applies, public interest criterion 4005; and
(d) if the application is made outside Australia, and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002; and
(e) if the application is made in Australia:
(i) the applicant has complied substantially with the conditions (if any) to which the visa held, or last held, by the applicant is, or was subject; and
(ii) the Minister is satisfied that the further period of stay in Australia is not sought for the purpose of commencing, continuing or completing any studies; and
(iv) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted; and
(v) if, at the time of application, the applicant was:
(A) the holder of a student visa on the grounds of having satisfied the primary criteria for that visa; and
(B) the student is under a scholarship scheme or training program that is approved by AusAID:
the applicant has the support of AusAID for the grant of the visa; and
(f) if the grant of the visa would result in the applicant being authorised to stay in Australia for more than 12 consecutive months as the holder of 1 or more visas of any of the following kinds:
(i) Subclass 417 (Working Holiday);
(ii) Subclass 456 (Business (Short Stay));
(iii) Subclass 670 (Tourist (Short Stay));
(iv) Subclass 672 (Business (Short Stay));
(v) Subclass 673 (Close Family (Short Stay));
(vi) Subclass 674 (Other (Short Stay));
(vii) Subclass 676 (Tourist (Short Stay));
(viii) Subclass 680 (Tourist (Long Stay));
(ix) Subclass 682 (Business (Long Stay));
(x) Subclass 683 (Close Family (Long Stay));
(xi) Subclass 684 (Other (Long Stay));
(xii) Subclass 686 (Tourist (Long Stay));
(xiia) Subclass 956 (Electronic Travel Authority (Business Entrant—Long Validity));
(xiib) Subclass 976 (Electronic Travel Authority (Visitor));
(xiic) Subclass 977 (Electronic Travel Authority (Business Entrant—Short Validity));
(xiii) a transitional (temporary) visa that the applicant is taken to hold because before 1 September 1994 he or she held, or applied for, a Group 2.3 (visitor) visa or entry permit or a Group 2.4 (visitor (short stay)) visa or entry permit within the meaning of the Migration (1993) Regulations—
the applicant satisfies the Minister that exceptional reasons exist for the grant of the visa.
(3) An applicant satisfies the requirements of this subclause if the applicant:
(a) is in Australia; and
(b) satisfies the Minister that the expressed intention of the applicant only to stay in Australia temporarily for business purposes is genuine; and
(c) satisfies the Minister that the applicant intends to comply with any conditions subject to which the visa is granted; and
(d) has compelling personal reasons for the grant of the visa; and
(e) except where the applicant is a person to whom subclause (4) applies, satisfies public interest criterion 4005.
(4) The applicant is a person to whom this subclause applies if:
(a) privileges and immunities are, or are expected to be, accorded to the applicant under the International Organizations (Privileges and Immunities) Act 1963 or the Overseas Missions (Privileges and Immunities) Act 1995; and
(b) the Foreign Minister has recommended in writing to the Minister that the applicant should be granted the visa.
456.3—Secondary criteria
456.31—Criteria to be satisfied at the time of application
456.311
The applicant is the spouse, or a dependent child, of a person who is an applicant for a Temporary Business Entry (Class UC) visa who seeks a visa to remain in Australia (whether or not also a visa to travel to and enter Australia) for a period, or periods, of 3 months or less.
456.312
If the application is made in Australia, the applicant has complied substantially with the conditions (if any) to which the visa held, or last held, by the applicant is, or was, subject.
456.313
The applicant does not intend to engage in:
(a) any course:
(i) leading to the completion of a primary or secondary education program; or
(ii) leading to a degree, diploma, trade certificate or other formal award; or
(b) any other course (other than a language training program) completion of which may be unconditionally credited towards, or accepted as a prerequisite for, a course of studies at a higher educational institution within or outside Australia.
456.32—Criteria to be satisfied at time of decision
456.321
The applicant is a spouse or dependent child of a person who, having satisfied the primary criteria, is the holder of a Subclass 456 visa.
456.322
The applicant, or the person who satisfies the primary criteria, produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant.
456.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4011, 4013 and 4014; and
(b) except where the applicant is the spouse, or a dependent child, of a person to whom subclause 456.221 (4) applies—satisfies public interest criterion 4005.
456.324
If the grant of the visa would result in the applicant being authorised to stay in Australia for more than 12 consecutive months as the holder of 1 or more visas of any of the following kinds:
(a) Subclass 417 (Working Holiday);
(b) Subclass 456 (Business (Short Stay));
(c) Subclass 670 (Tourist (Short Stay));
(d) Subclass 672 (Business (Short Stay));
(e) Subclass 673 (Close Family (Short Stay));
(f) Subclass 674 (Other (Short Stay));
(g) Subclass 676 (Tourist (Short Stay));
(h) Subclass 680 (Tourist (Long Stay));
(i) Subclass 682 (Business (Long Stay));
(j) Subclass 683 (Close Family (Long Stay));
(k) Subclass 684 (Other (Long Stay));
(l) Subclass 686 (Tourist (Long Stay));
(la) Subclass 956 (Electronic Travel Authority (Business Entrant—Long Validity));
(lb) Subclass 976 (Electronic Travel Authority (Visitor));
(lc) Subclass 977 (Electronic Travel Authority (Business Entrant—Short Validity));
(m) a transitional (temporary) visa that the applicant is taken to hold because before 1 September 1994 he or she held, or applied for, a Group 2.3 (visitor) visa or entry permit or a Group 2.4 (visitor (short stay)) visa or entry permit within the meaning of the Migration (1993) Regulations—
the applicant satisfies the Minister that exceptional reasons exist for the grant of the visa.
456.325
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
456.326
The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
456.327
The applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia is genuine.
456.4—Circumstances applicable to grant
456.411
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
456.412
If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
456.5—When visa is in effect
456.511
Subject to clause 456.514, if:
(a) at the time of grant, the applicant is outside Australia; and
(b) the visa is granted outside Australia, except to:
(i) a non-citizen who applied as the representative of a foreign government; or
(ii) a person to whom subclause 456.221 (4) applies; and
(c) no fee is paid in respect of the application—
a temporary visa permitting the holder:
(d) to travel to, and enter, Australia on one occasion within 1 month from the date of grant of the visa; and
(e) to remain in Australia for a period (not exceeding 1 month) specified by the Minister, from the date of entry.
456.512
Subject to clause 456.514, if, at the time of grant, the applicant is outside Australia and:
(a) the visa is granted outside Australia to:
(i) a non-citizen who applied as the representative of a foreign government; or
(ii) a person to whom subclause 456.221 (4) applies; or
(b) the visa is granted outside Australia and a fee was paid in respect of the application; or
(c) the visa is granted in Australia to an applicant on behalf of whom the application for the visa was made by an approved nominator—
a temporary visa permitting the holder:
(d) to travel to, and enter, Australia on multiple occasions for 5 years or the life of the applicant’s passport (to a limit of 10 years), whichever period is greater, from the date of grant of the visa; and
(e) to remain in Australia for 3 months from the date of entry.
456.513
Subject to clause 456.514, if, at the time of grant, the applicant is in Australia—a temporary visa permitting the holder:
(a) to remain in Australia for 3 months from the date of grant; and
(b) if the holder leaves Australia during the visa period:
(i) to travel to and enter Australia on multiple occasions until a date specified by the Minister for the purpose; and
(ii) to remain in Australia for a period of 3 months from the date of entry on each occasion.
456.514
If the visa is granted to the spouse or a dependent child of another person who is the holder of a Subclass 456 visa—a temporary visa having the same effect as the visa granted to that other person.
456.6—Conditions
456.611
Condition 8112 must be imposed.
456.7—Way of giving evidence
456.711
No evidence need be given.
Subclass 457—Business (long stay)
457.1 Interpretation
457.111
(1) In this Part:
approved business nomination means a nomination approved under regulation 1.20H;
key activity has the same meaning as in Division 1.4A;
person includes an unincorporated body of persons;
pre-qualified business sponsor has the same meaning as in Division 1.4A;
standard business sponsor has the same meaning as in Division 1.4A.
(2) For the purposes of this Part, a business activity is of benefit to Australia if:
(a) the conduct of the activity contributes to:
(i) the creation or maintenance of employment for Australian citizens or Australian permanent residents; or
(ii) expansion of Australian trade in goods or services; or
(iii) the improvement of Australian business links with international markets; or
(iv) competitiveness within sectors of the Australian economy; and
(b) the operator of the business:
(i) introduces to, or utilises or creates in, Australia new or improved technology or business skills; or
(ii) has a satisfactory record of, or a demonstrated commitment towards, training Australian citizens and Australian permanent residents in the business in Australia.
Note: AUD, ownership interest and RHQ agreement are defined in regulation 1.03.]
457.2—Primary Criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.]
457.21—Criteria to be satisfied at time of application
457.211
If the application is made in Australia:
(a) the applicant is the holder of:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Family Relationship (Temporary) (Class TL);
(F) Interdependency (Temporary) (Class TM);
(G) Medical Practitioner (Temporary) (Class UE);
(H) Retirement (Temporary) (Class TQ);
(I) Supported Dependent (Temporary) (Class TW);
(J) Working Holiday (Temporary) (Class TZ); or
(ii) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
(C) Subclass 457; or
(b) the applicant is the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Electronic Travel Authority (Class UD);
(C) Long Stay (Visitor) (Class TN);
(D) Short Stay (Visitor) (Class TR);
(E) Student (Temporary) (Class TU); or
(ii) a Subclass 456 (Business (Short Stay)) visa; or
(c) the applicant is the holder of a Confirmatory (Temporary) (Class TD) visa granted on the grounds that the applicant satisfied the criteria for a visa specified in paragraph (a) or (b); or
(d) the applicant is not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and
(ii) the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005; or
(e) the applicant is not the holder of a substantive visa and:
(i) the last substantive visa held by the applicant was of a kind specified in paragraph (b); and
(ii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
457.22—Criteria to be satisfied at time of decision
457.221
If the application is made in Australia, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
457.222
(1) If the application is made in Australia and at the time of application the applicant was the holder of a Student (Temporary) (Class TU) visa:
(a) the applicant has successfully completed a course in Australia at Associate Diploma level or above; and
(b) if the applicant is a private subsidised student—the Minister is satisfied that it would not be detrimental to Australia’s policies in respect of overseas students to grant the visa; and
(c) if the applicant is a student under a scholarship scheme or training program approved by AusAID—the applicant has the support in writing of AusAID for the grant of the visa.
(2) Subclause (1) does not apply to an applicant who meets the requirements of subclause 457.223 (3).
457.223
(1) The applicant meets the requirements of subclause (2), (3), (4), (5), (6), (7), (8) or (9).
Labour agreements
(2) The applicant meets the requirements of this subclause if:
(a) the activity specified in the application is the subject of a labour agreement; and
(b) that activity is the subject of an approved business nomination by a party to the labour agreement; and
(c) the applicant is nominated by a party to the labour agreement; and
(d) the Minister is satisfied that:
(i) the skills and experience of the applicant are suitable for the performance of the activity; and
(ii) the requirements of the labour agreement have been met in relation to the application.
RHQ agreements
(3) The applicant meets the requirements of this subclause if:
(a) the activity specified in the application is the subject of an RHQ agreement; and
(b) the applicant has lodged with the application a statement that:
(i) identifies the applicant as a person who is to be employed in the regional headquarters of a business in Australia; and
(ii) identifies the RHQ agreement by the number given to the agreement.
Sponsorship by Australian businesses: key activities
(4) The applicant meets the requirements of this subclause if:
(a) the activity in which the applicant proposes to be employed in Australia by a person (in this subclause called the employer) is a key activity; and
(b) that activity is the subject of an approved business nomination by the employer; and
(c) the employer is:
(i) a pre-qualified business sponsor; or
(ii) a standard business sponsor; and
(d) the applicant is nominated in relation to the activity by the employer; and
(e) where:
(i) the employer is a standard business sponsor; and
(ii) the application is made for a stay in Australia of more than 12 months;
the applicant demonstrates (if so required by the Minister) that the applicant has the skills necessary to perform the activity.
Sponsorship by Australian businesses: non-key activities
(5) The applicant meets the requirements of this subclause if:
(a) the activity in which the applicant proposes to be employed in Australia by a person (in this subclause called the employer) is not a key activity; and
(b) that activity is the subject of an approved business nomination by the employer; and
(c) the employer is:
(i) a pre-qualified business sponsor; or
(ii) a standard business sponsor; and
(d) the applicant is nominated in relation to the activity by the employer; and
(e) where the application is made for a stay in Australia for more than 12 months, the applicant demonstrates that he or she has the skills necessary to perform the activity; and
(f) where the employer is a standard business sponsor, the Minister is satisfied that the position to be filled by the applicant has not been created only for the purposes of securing the entry of the applicant to Australia.
Sponsorship by overseas businesses
(6) The applicant meets the requirements of this subclause if:
(a) the applicant proposes to be employed in Australia by a person (in this subclause called the employer) who does not operate a business activity in Australia; and
(b) that activity is the subject of an approved business nomination by the employer; and
(c) the employer:
(i) has given undertakings in accordance with approved form 1067; and
(ii) is a person whom the Minister is satisfied (apart from not operating a business in Australia) would, on application, be likely to be approved as a standard business sponsor; and
(d) where:
(i) the activity is a key activity; and
(ii) the application is made for a stay in Australia of more than 12 months;
the applicant demonstrates (if so required by the Minister) that the applicant has the skills necessary to perform the activity; and
(e) where the activity is not a key activity:
(i) the Minister is satisfied that the position to be filled by the applicant has not been created only for the purposes of securing the entry of the applicant to Australia; and
(ii) in the case of an application for a stay in Australia of more than 12 months—the applicant demonstrates that he or she has the skills necessary to perform the activity; and
(f) the Minister is satisfied that the applicant has a genuine and realistic commitment to:
(i) establish, or assist in establishing, on behalf of the employer, a business activity in Australia with overseas connections; or
(ii) fulfil, or assist in fulfilling, contractual obligations of the employer;
that will be of benefit to Australia.
Independent executives
(7) The applicant meets the requirements of this subclause if the Minister is satisfied that:
(a) the applicant proposes to develop in Australia a business activity that will be:
(i) conducted by the applicant as a principal; and
(ii) of benefit to Australia; and
(b) the applicant has a genuine and realistic commitment:
(i) to maintain or obtain an ownership interest in a business in Australia; and
(ii) to maintain a direct and continuous involvement in the management of the business; and
(iii) to make decisions that affect the overall direction and performance of the business from day to day; and
(c) nothing adverse is known to Immigration about the applicant’s business background; and
(d) the applicant has net assets of:
(i) not less than AUD250,000; or
(ii) a lesser amount that the Minister considers to be adequate;
to conduct or establish the business.
Service sellers
(8) The applicant meets the requirements of this subclause if:
(a) the applicant:
(i) is a representative of a supplier of services who is located outside Australia; and
(ii) proposes to represent the supplier in Australia; and
(b) the representation involves negotiating, or entering into agreements, for the sale of services but does not involve the actual supply, or direct sale, of the services; and
(c) the Minister is satisfied that the proposal has not been made only for the purposes of securing the entry of the applicant to Australia.
Persons accorded certain privileges and immunities
(9) The applicant meets the requirements of this subclause if:
(a) the applicant is a person to whom privileges and immunities will be accorded under the International Organizations (Privileges and Immunities) Act 1963 or the Overseas Missions (Privileges and Immunities) Act 1995; and
(b) the Foreign Minister has recommended in writing to the Minister that the applicant should be granted the visa.
457.224
The applicant satisfies:
(a) public interest criteria 4001, 4002, 4003, 4004, 4010, 4013 and 4014; and
(b) except where the applicant meets the requirements of subclause 457.223 (9)—satisfies public interest criterion 4006A.
457.225
If:
(a) the application is made outside Australia; and
(b) the applicant has previously been in Australia;
the applicant satisfies special return criteria 5001 and 5002.
457.3—SECONDARY CRITERIA
457.31—[No criteria to be satisfied at time of application.]
457.32—Criteria to be satisfied at time of decision
457.321
The applicant is a member of the family unit of a person (in this Subdivision called the primary applicant) who, having satisfied the primary criteria, is the holder of a Subclass 457 visa.
457.322
If the application is made outside Australia separately from that of the primary applicant:
(a) the primary applicant is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia as a member of the family unit of the primary applicant.
457.323
If the application is made in Australia, the applicant has complied substantially with the conditions that apply, or applied, to:
(a) any visa that the applicant holds or has held; or
(b) any visa held by the applicant immediately before becoming an unlawful non-citizen.
457.324
The applicant is included in any nomination that is required in respect of the primary applicant in accordance with approved form 1068.
457.325
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4013 and 4014; and
(b) except where the applicant is a member of the family unit of a primary applicant who meets the requirements of subclause 457.223 (9)—satisfies public interest criterion 4006A.
457.326
If:
(a) the application is made outside Australia; and
(b) the applicant has previously been in Australia;
the applicant satisfies special return criteria 5001 and 5002.
457.4—Circumstances applicable to grant
457.411
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
457.412
If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
457.5—When visa is in effect
457.511
A temporary visa permitting the holder:
(a) in the case of a holder who is in Australia at the time of grant—to remain in Australia for a period of more than 3 months, but not more than 4 years, from the date of grant; and
(b) in the case of a holder who is outside Australia at the time of grant—to remain in Australia for a period of more than 3 months, but not more than 4 years from the date of entry that is specified by the Minister; and
(c) in any case—to travel to, and enter, Australia on multiple occasions before the end of the relevant period.
457.6—Conditions
457.611
(1) If the applicant satisfies the primary criteria, condition 8107 applies to the visa granted to the applicant unless the applicant meets the requirements of subclause 457.223 (7).
(2) Any one or more of conditions 8106, 8301, 8303, 8502, 8516, 8522, 8525 and 8526 may be imposed.
457.7—Way of giving evidence
457.711
Visa label affixed to a valid passport.
Subclass 560—Student
560.1—Interpretation
560.111
In this Part:
gazetted country means a country specified by Gazette Notice for the purpose of this Part;
560.112
(1) A reference in this Part to the holder of a visa of subclass 560 includes a reference to the holder of a visa or entry permit, as the case requires, that:
(a) was granted in accordance with the Migration (1989) Regulations or the Migration (1993) Regulations and is of a predecessor class; or
(b) was applied for, and granted in accordance with the law as in force, before 19 December 1989 and is substantially the same, in nature and effect, as a visa or entry permit of that class.
(2) In subclause (1), predecessor class means a visa or entry permit of any of the following classes or kinds:
(a) granted under the Migration (1989) Regulations:
(i) private subsidised student (code number 550);
(ii) student (AIDAB) (code number 551);
(iii) student (Equity and Merit Scholarship Scheme) (code number 552);
(iv) student (formal course) (code number 553);
(v) trainee (English language) (code number 555);
(vi) trainee (non‑formal course) (code number 554);
(vii) student (restricted) (code number 556);
(viii) student (category A) (code number 560);
(ix) student (category B) (code number 561);
(b) granted under the Migration (1993) Regulations:
(i) Class 560 (Student (category A));
(ii) Class 561 (Student (category B)).
560.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
560.21—Criteria to be satisfied at time of application
560.211
(1) If the applicant is a citizen of Iran, the applicant does not seek to enter Australia to undertake a full‑time course of study (in this clause called the current course) of a kind set out in subclause (2) unless he or she has previously entered Australia as the holder of a subclass 562 visa and one or more of the circumstances set out in subclause (3) applies.
(2) The kinds of course referred to in subclause (1) are:
(a) a course of study for a master’s degree or a doctorate in Australia; or
(b) a graduate diploma or graduate certificate course or any other bridging course required as a prerequisite course to a course of study or research for a master’s degree or a doctorate in Australia; or
(c) an English language course or other prerequisite course for undertaking a course mentioned in paragraph (a) or (b) in Australia.
(3) The circumstances referred to in subclause (1) are the following:
(a) that the applicant entered Australia as the holder of a subclass 562 visa for the purpose of undertaking the current course;
(b) if the current course is a course mentioned in paragraph (2)(a), that the applicant entered Australia as the holder of a subclass 562 visa for the purpose of undertaking a prerequisite course mentioned in paragraph (2)(b) or (c) undertaken in preparation for undertaking the current course;
(c) if the current course is a course mentioned in paragraph (2)(b), that the applicant entered Australia as the holder of a subclass 562 visa for the purpose of undertaking a prerequisite course mentioned in paragraph (2)(c) undertaken in preparation for undertaking the current course.
560.212
(1) If the application is made in Australia, the applicant:
(a) is:
(i) the holder of a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Electronic Travel Authority (Class UD);
(F) Expatriate (Temporary) (Class TJ);
(G) Family Relationship (Temporary) (Class TL);
(H) Interdependency (Temporary) (Class TM);
(I) Long Stay (Visitor) (Class TN);
(J) Medical Practitioner (Temporary) (Class UE);
(K) Retirement (Temporary) (Class TQ);
(L) Short Stay (Visitor) (Class TR);
(M) Student (Temporary) (Class TU);
(N) Supported Dependent (Temporary) (Class TW);
(O) Temporary Business Entry (Class UC);
(P) Working Holiday (Temporary) (Class TZ); or
(ii) the holder, as the spouse or a dependent relative of a diplomatic or consular representative of a foreign country, of a Diplomatic (Temporary) (Class TF) visa; or
(iii) the holder of a special purpose visa; or
(iv) the holder of a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive); or
(b) is not the holder of a substantive visa and meets the requirements of subclause (2) or (3).
(2) An applicant meets the requirements of this subclause if:
(a) the last substantive visa held by the applicant was a Student (Temporary) visa; and
(b) documents relevant to the establishment of the applicant’s eligibility for the grant of the substantive visa applied for were given to Education or to an Australian educational institution before the expiry of the substantive visa mentioned in paragraph (a); and
(c) the application is made within 12 months of the expiry of that visa.
(3) An applicant meets the requirements of this subclause if:
(a) the last substantive visa held by the applicant was:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Electronic Travel Authority (Class UD);
(F) Expatriate (Temporary) (Class TJ);
(G) Family Relationship (Temporary) (Class TL);
(H) Interdependency (Temporary) (Class TM);
(I) Long Stay (Visitor) (Class TN);
(J) Medical Practitioner (Temporary) (Class UE);
(K) Retirement (Temporary) (Class TQ);
(L) Short Stay (Visitor) (Class TR);
(M) Student (Temporary) (Class TU);
(N) Supported Dependent (Temporary) (Class TW);
(O) Temporary Business Entry (Class UC);
(P) Working Holiday (Temporary) (Class TZ); or
(ii) a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, or a dependent relative, of a diplomatic or consular representative of a foreign country; or
(iii) a special purpose visa; or
(iv) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive); and
(b) the applicant satisfies Schedule 3 criteria 3001 and 3005.
560.213
If the application is made in Australia, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
560.22—Criteria to be satisfied at time of decision
560.221
The applicant continues to satisfy the criteria in clause 560.211.
560.222
The applicant:
(a) produces to the Minister evidence of enrolment to undertake a full‑time course of study that:
(i) is a registered course; or
(ii) comprises a unit or units of a registered course but does not lead to the grant of an award in Australia, or
(b) produces to the Minister evidence of enrolment to undertake a full‑time course of study:
(i) as an exchange student; or
(ii) as a student under a scholarship scheme or training program approved by AusAID; or
(iii) as a private subsidised student, with the approval of the Education Minister, or
(c) if the application is made in Australia, the applicant:
(i) was, at the time of application, the holder of a subclass 560 or 562 visa; and
(ii) satisfies the Minister that, in connection with a registered course or with a matter arising from that course:
(A) the relevant educational institution requires the applicant to remain in Australia during the marking of a post‑graduate thesis; or
(B) the applicant is required to gain practical employment experience after graduation to obtain registration in a profession in which registration is a prerequisite for the practice of the profession in the applicant’s usual country of residence.
560.223
If the applicant is an assisted student, the applicant produces to the Minister evidence that the Education Minister (in the case of a student under the Subsidised Overseas Student Program), or AusAID (in the case of a student under a scholarship scheme or a training program that is approved by AusAID) supports the grant of the visa.
560.224
(1) Subject to subclauses (4) and (5), the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard:
(a) to the financial ability of the applicant to undertake the course without contravening any condition of the visa relating to work;
(b) subject to subclauses (2) and (3), to the applicant’s comprehension of English for the purposes of the course;
(c) to whether the applicant intends to comply with any conditions subject to which the visa is granted; and
(d) to any other relevant matter.
(2) If the Minister has regard to the applicant’s comprehension of English, the Minister may require the applicant to undertake an English language test that is conducted by an agency other than Immigration.
(3) If the applicant is required to undertake a test and does not undertake it, or does not pass it, the Minister is not to grant the visa.
(4) Subclause (1) does not apply to an applicant who is a Burmese citizen if:
(a) the applicant has been the holder of a Class 560 (Student (Category A)) visa (within the meaning of the Migration (1993) Regulations as in force on 29 June 1993) granted on the basis that the applicant was a person to whom clause 560.334A of Schedule 2 to those Regulations applied; or
(b) the applicant is, or has been, the holder of a Subclass 560 visa granted on the basis that the applicant was a person to whom clause 560.224A of this Part, as in force on 29 June 1995, applied; or
(c) the applicant is, or has been, the holder of a Subclass 560 visa granted on the basis that the applicant was a person to whom subclause 560.224 (5) applied.
(5) Subclause (1) does not apply to an applicant if:
(a) the applicant is a Burmese citizen; and
(b) the applicant’s enrolment in the course referred to in clause 560.222 is enrolment as a student under a scholarship scheme or training program approved by AusAID; and
(c) the Minister and the Foreign Minister have jointly determined that it is in the public interest that the applicant should enter Australia as a student; and
(d) approval of the application would not result in the total number of Subclass 560 visas granted on the basis of the application of this subclause exceeding 5; and
(e) the application was made on or before 30 June 1997.
560.225
The applicant:
(a) satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and
(c) if applying outside Australia and the applicant has previously been in Australia, satisfies special return criteria 5001 and 5002.
560.226
The applicant produces to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
560.227
If the application is made in Australia, the applicant continues to satisfy the criterion in clause 560.213.
560.228
(1) If the application is made in Australia, the applicant:
(a) satisfies the primary criteria for the grant of a subclass 560 visa, other than the criterion specified in clause 560.211; and
(b) if the applicant is the holder of:
(i) a Subclass 560 visa granted on the basis that the applicant satisfied the secondary criteria for that visa; or
(ii) a Subclass 563 (Iranian Postgraduate Student Dependant) visa;
the applicant was not, immediately before becoming the holder of that visa as a dependent of a student, the holder of:
(iii) a visa, granted because of satisfying the relevant primary criteria, of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Electronic Travel Authority (Class UD);
(F) Expatriate (Temporary) (Class TJ);
(G) Family Relationship (Temporary) (Class TL);
(H) Interdependency (Temporary) (Class TM);
(I) Long Stay (Visitor) (Class TN);
(J) Medical Practitioner (Temporary) (Class UE);
(K) Retirement (Temporary) (Class TQ);
(L) Short Stay (Visitor) (Class TR);
(M) Supported Dependent (Temporary) (Class TW);
(N) Temporary Business Entry (Class UC);
(O) Working Holiday (Temporary) (Class TZ); or
(iv) a Diplomatic (Temporary) (Class TF) visa held by the holder as the spouse, or a dependent relative, of a diplomatic or consular representative of a foreign country; or
(v) a special purpose visa; or
(vi) a visa, granted on the basis of satisfying the relevant primary criteria, of one of the following subclasses:
(A) Subclass 427 (Domestic Worker (Temporary)—Executive);
(B) Subclass 560;
(C) Subclass 562 (Iranian Postgraduate Student).
(2) For the purposes of paragraph(1)(b), a person is a student’s dependant if the person is:
(a) the holder, as a person who has satisfied secondary criteria, of a subclass 560 (student) visa; or
(b) the holder of a subclass 563 student visa.
560.229
If:
(a) the application is made in Australia; and
(b) the applicant is not:
subclass 051 a citizen of a gazetted country; or
(ii) a person who is normally resident in, and has an unlimited right of entry to, a country specified by Gazette Notice for the purposes of this paragraph; or
(iii) undertaking a course of study paid for wholly or in part by:
(A) the Commonwealth or the government of a State or Territory; or
(B) the government of the applicant’s home country; or
(C) an intergovernmental agency; and
(c) the applicant is the holder of a subclass 560 visa granted for a course of study that is of less than 12 months duration; and
(d) the applicant is:
(i) enrolling in a further course of less than 12 months duration; or
(ii) continuing a course of less than 12 months duration;
the total period of stay of the applicant in Australia for the purposes of undertaking:
(e) those courses of study; and
(f) any other courses of study (being courses each of less than 12 months duration);
does not exceed 2 years.
560.230
If:
(a) the application is made in Australia; and
(b) at the time of application, the applicant meets the requirements of clause 560.212:
(i) as the holder of a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Electronic Travel Authority (Class UD);
(F) Expatriate (Temporary) (Class TJ);
(G) Family Relationship (Temporary) (Class TL);
(H) Interdependency (Temporary) (Class TM);
(I) Long Stay (Visitor) (Class TN);
(J) Medical Practitioner (Temporary) (Class UE);
(K) Retirement (Temporary) (Class TQ);
(L) Short Stay (Visitor) (Class TR);
(M) Supported Dependent (Temporary) (Class TW);
(N) Temporary Business Entry (Class UC);
(O) Working Holiday (Temporary) (Class TZ); or
(ii) as the holder of a special purpose visa; or
(iii) as the holder of a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive);
the applicant establishes exceptional reasons for the grant of a Subclass 560 visa.
560.231
If the application is made in Australia and at the time of application the applicant was in Australia as the spouse or dependent relative of a diplomatic or consular representative of a country other than Australia:
(a) that representative has completed, or is about to complete, an official posting in Australia; and
(b) the Foreign Minister recommends the grant of the visa.
560.3—Secondary criteria
Note: Requirements to be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
560.31—Criteria to be satisfied at time of application
560.311
If the application is made outside Australia, the applicant is a member of the family unit of a person who satisfies or has satisfied the primary criteria in subdivision 560.21.
560.312
(1) If the application is made in Australia, the applicant:
(a) is the holder of:
(i) a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Electronic Travel Authority (Class UD);
(F) Expatriate (Temporary) (Class TJ);
(G) Family Relationship (Temporary) (Class TL);
(H) Interdependency (Temporary) (Class TM);
(I) Long Stay (Visitor) (Class TN);
(J) Medical Practitioner (Temporary) (Class UE);
(K) Retirement (Temporary) (Class TQ);
(L) Short Stay (Visitor) (Class TR);
(M) Student (Temporary) (Class TU);
(N) Supported Dependent (Temporary) (Class TW);
(O) Temporary Business Entry (Class UC);
(P) Working Holiday (Temporary) (Class TZ); or
(ii) a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, or a dependent relative, of a diplomatic or consular representative of a foreign country; or
(iii) a special purpose visa; or
(iv) a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary)—Executive); or
(b) does not hold a substantive visa and meets the requirements of subclause (2).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of a person who meets the requirements of subclause 560.212 (2) or (3); and
(b) the applicant was a member of the family unit of that person upon the expiry of that person’s visa.
560.313
If the application is made in Australia, and the applicant holds a visa at the time of application, the applicant has complied substantially with any conditions to which that visa is subject.
560.32—Criteria to be satisfied at time of decision
560.321
The applicant is a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 560 visa.
560.322
The applicant:
(a) in all cases:
(i) satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(ii) if he or she is applying outside Australia and has previously been in Australia, satisfies special return criteria 5001 and 5002; and
(b) in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
560.323
If the applicant is a member of the family unit of a person who is under a scholarship scheme or training program approved by AusAID, the applicant produces to the Minister evidence that AusAID supports the application for the visa.
560.324
(1) Subject to subclause (2), the Minister is satisfied that:
(a) the applicant genuinely seeks temporary entry as a member of the family unit of a person who, having satisfied the primary criteria, is a holder of a subclass 560 visa; and
(b) the member of the family unit who, having satisfied the primary criteria, is a holder of a subclass 560 visa will have adequate means to support himself or herself and the members of his or her family unit during the period of the applicant’s intended stay in Australia, having regard to any rights they may have to work in Australia during that period; and
(c) the applicant intends to comply with any conditions subject to which the visa is granted.
(2) Subclause (1) does not apply to an applicant who is a member of the family unit of a person referred to in subclause 560.224 (4) or (5).
560.325
The applicant produces to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
560.326
If:
(a) the applicant is a school‑age dependant and member of the family unit of a person (in this clause called the principal person) who, having satisfied the primary criteria, is a holder of a subclass 560 visa; and
(b) the period of stay proposed in the application is more than three months; and
(c) the principal person:
(i) applied for the visa referred to in clause 560.321 on or after 1 March 1992; and
(ii) did not commence the course of study to which that visa relates before 1 March 1992; and
(iii) did not hold, before 1 March 1992, a student (category A) (code number 560) or student (category B) (code number 561) visa granted under the Migration (1989) Regulations;
the applicant produces to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.
560.327
The applicant is a member of the family unit of a person (in this clause called the principal person) who, having satisfied the primary criteria, is a holder of a subclass 560 visa and who is:
(a) either:
(i) a citizen of a gazetted country; or
(ii) a person who is normally resident in, and has an unlimited right of re‑entry to, a country specified by Gazette Notice for the purposes of this paragraph; or
(b) undertaking a course of study paid for wholly or in part by:
(i) the Commonwealth or the government of a State or Territory; or
(ii) the government of the principal person’s home country; or
(iii) an intergovernmental agency; or
(c) a person:
(i) who is not a person referred to in paragraph (a); and
(ii) is not undertaking a course of study paid for wholly or in part by:
(A) the Commonwealth or the government of a State or Territory; or
(B) the government of the principal person’s home country; or
(C) an intergovernmental agency; and
(iii) who:
(A) has been granted a visa or entry permit in relation to a course or package of a duration of 12 months or more; or
(B) has been lawfully in Australia for 12 months or more; or
(C) was enrolled (as the holder of a subclass 560 visa) in a college which has ceased teaching.
560.328
If the application is made outside Australia and the application is made separately from that of the member of the family unit satisfying the primary criteria for a subclass 560 visa:
(a) that member of the family unit, is or is expected soon to be, in Australia; and
(b) unless that member of the family unit is a student under a scholarship scheme or training program approved by AusAID—a nomination of the applicant by that member of the family unit, on approved form 919, has been lodged and has been approved by the Minister.
560.4—Circumstances applicable to grant
560.411
If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
560.412
If the application is made in Australia, the applicant must be in Australia at the time of grant.
560.5—When visa is in effect
560.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
560.6—Conditions
560.611
(1) If the applicant satisfies the primary criteria:
(a) in all cases, conditions 8105, 8202, 8501 and (subject to subclause (2)) 8517; and
(b) if the applicant is a citizen of Iran, condition 8204.
(2) Condition 8517 does not apply to a visa granted to:
(a) an applicant who applied for the visa before 1 March 1992; or
(b) an applicant who:
(i) commenced the course of study to which the visa relates before 1 March 1992; and
(ii) held, before 1 March 1992, a student (category A) (code number 560) or student (category B) (code number 561) visa granted under the Migration (1989) Regulations;
560.612
If at the time of the application the applicant was the holder of a subclass 560 visa that was subject to condition 8523, condition 8523.
560.613
(1) If the applicant satisfies the secondary criteria:
(a) in all cases, conditions 8501 and (subject to subclause (2)) 8518; and
(b) if the applicant is a citizen of Iran, condition 8204; and
(c) if the applicant is a member of the family unit of a person (in this paragraph called the principal person) who is undertaking a non‑award course and who:
(i) is not a citizen of a gazetted country; or
(ii) is not a person who is normally resident in, and has an unlimited right of re‑entry to, a country specified by Gazette Notice for the purposes of this paragraph; or
(iii) is not undertaking a course of study paid for wholly or in part by:
(A) the Commonwealth or the government of a State or Territory; or
(B) the government of the principal person’s home country; or
(C) an intergovernmental agency:
condition 8101.
(d) if the applicant is a member of the family unit of a person who:
(i) is not enrolled in a course of study or research for a master’s degree or a doctorate; and
(ii) is not a person referred to in paragraph (c);
condition 8104.
(2) Condition 8518 does not apply:
(a) to a visa granted to an applicant who has turned 19; or
(b) if the member of the family unit who satisfies or has satisfied the primary criteria for a subclass 560 visa:
(i) applied for the visa before 1 March 1992; or
(ii) commenced the course of study to which the visa relates before 1 March 1992 and held, before 1 March 1992, a Student (category A) (code number 560) or student (category B) (code number 561) visa granted under the Migration (1989) Regulations..
(3) Any 1 or more of conditions 8303, 8503 and 8522 may be imposed.
560.7—Way of giving evidence
560.711
Visa label affixed to a valid passport.
Subclass 562—Iranian Postgraduate Student
562.1—Interpretation
Note: No interpretation provisions specific to this Part.
562.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
562.21—Criteria to be satisfied at time of application
562.211
The applicant is a citizen of Iran.
562.212
The applicant is outside Australia.
562.22—Criteria to be satisfied at time of decision
562.221
The applicant continues to satisfy the criterion specified in clause 562.211.
562.222
The applicant produces to the Minister evidence of enrolment to undertake a full‑time course of study in Australia that is:
(a) a course of study for a master’s degree or a doctorate in Australia; or
(b) a graduate diploma or graduate certificate course or any other bridging course required as a prerequisite course to a course of study or research for a master’s degree or a doctorate in Australia; or
(c) an English language course or other prerequisite course for undertaking a course mentioned in paragraph (a) or (b) in Australia.
562.223
If the applicant is an assisted student, the applicant produces to the Minister evidence that the Education Minister (in the case of a student under the Subsidised Overseas Student Program) or AusAID (in the case of a student under a scholarship scheme or a training program that is approved by AusAID) supports the grant of the visa.
562.224
(1) The Minister is satisfied that the applicant is a genuine applicant for entry as a student, having regard:
(a) to the financial ability of the applicant to undertake the course without contravening any condition of the visa relating to work; and
(b) subject to subclauses (2) and (3), to the applicant’s comprehension of English for the purposes of the course; and
(c) to whether the applicant intends to comply with any conditions subject to which the visa is granted; and
(d) to any other relevant matter.
(2) If the Minister has regard to the applicant’s comprehension of English , the Minister may require the applicant to undertake an English language test that is conducted by an agency other than Immigration.
(3) If the applicant is required to undertake a test and does not undertake it, or does not pass it, the Minister is not to grant the visa.
562.225
The applicant:
(a) satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and
(c) if the applicant has previously been in Australia, satisfies special return criteria 5001 and 5002.
562.226
The applicant produces to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
562.227
Approval of the application would not result in the number of subclass 562 visas granted in a financial year exceeding the number of subclass 562 visas specified, by Gazette Notice, for the purposes of this clause in respect of that financial year.
562.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
562.4—Circumstances applicable to grant
562.411
Visa can be granted only outside Australia.
562.5—When visa is in effect
562.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
562.6—Conditions
562.611
Conditions 8105, 8202, 8501, 8517, and 8203.
562.612
Either or both of conditions 8303 and 8503 may be imposed.
562.7—Way of giving evidence
562.711
Visa label affixed to a valid passport.
Subclass 563—Iranian Postgraduate Student Dependant
563.1—Interpretation
Note: No interpretation provisions specific to this Part.
563.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
563.21—Criteria to be satisfied at time of application
563.211
The applicant is a member of the family unit of a person who is the holder of, or an applicant for, a subclass 562 visa.
563.212
If the application is made in Australia, the applicant has complied substantially with the conditions to which any visa held or last held by the applicant is subject.
563.22—Criteria to be satisfied at time of decision
563.221
The applicant is a member of the family unit of a person who holds a subclass 562 visa.
563.222
If the applicant is a member of the family unit of a person who is under a scholarship scheme or training program approved by AusAID, the applicant produces to the Minister evidence that AusAID supports the application for the visa.
563.223
The Minister is satisfied that:
(a) the applicant genuinely seeks temporary entry as a member of the family unit of a person who holds a subclass 562 visa and intends to comply with any conditions subject to which the visa is granted; and
(b) the member of the family unit who holds a subclass 562 visa will have adequate means to support himself or herself and the applicant during the period of the applicant’s intended stay in Australia, having regard to any work rights they may have in Australia during that period.
563.224
If the applicant is a school‑age dependant of the subclass 562 visa holder and the period of stay proposed in the application is more than 3 months, the applicant produces to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.
563.225
The applicant produces to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s stay in Australia.
563.226
The applicant:
(a) satisfies public interest criteria 4001 to 4005, 4013 and 4014; and
(b) if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and
(c) if the applicant is applying outside Australia and has previously been in Australia, satisfies special return criteria 5001 and 5002.
563.227
If the application is made in Australia, the applicant continues to satisfy the criterion in clause 563.212.
563.228
If the application is made outside Australia and the application is made separately from that of the member of the family unit who is the holder of, or an applicant for, a subclass 562 visa:
(a) that member is, or is expected soon to be, in Australia; and
(b) unless that member of the family unit is a student under a scholarship scheme or training program approved by AusAID, a nomination by that member of the applicant (on approved form 919) has been lodged and has been approved by the Minister.
563.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
563.4—Circumstances applicable to grant
563.411
If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
563.412
If the application is made in Australia, the applicant must be in Australia at the time of grant.
563.5—When visa is in effect
563.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
563.6—Conditions
563.611
(1) If the application is made outside Australia:
(a) in all cases—conditions 8501 and 8204, and (subject to subclause (2)) 8518; and
(b) if the member of the family unit who holds a subclass 562 visa is not enrolled in a course of study or research for a master’s degree or a doctorate, condition 8104.
(2) Condition 8518 does not apply to a visa granted to an applicant who has turned 19.
563.612
(1) If the application is made in Australia:
(a) in all cases—conditions 8501 and 8204, and (subject to subclause (2)) 8518; and
(b) if the member of the family unit of the person who holds a subclass 562 visa is not enrolled in a course of study or research for a master’s degree or a doctorate, condition 8104.
(2) Condition 8518 does not apply to a visa granted to an applicant who has turned 19.
563.613
Any 1 or more of conditions 8303, 8503 or 8522 may be imposed.
563. 7— Way of giving evidence
563. 71
Visa label affixed to a valid passport.
Subclass 675—Medical Treatment (Short Stay)
675.1—Interpretation
Note: No interpretation provisions specific to this Part.
675.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
675.21—Criteria to be satisfied at time of application
675.211
The applicant seeks to visit Australia, or remain in Australia as a visitor, for the purposes of medical treatment or for related purposes.
675.212
(1) The applicant meets the requirements of subclause (2), (3), (4) or (5).
(2) An applicant meets the requirements of this subclause if the applicant:
(a) seeks to obtain medical treatment (including consultation), other than treatment for the purposes of surrogate motherhood, in Australia; and
(b) satisfies the Minister that arrangements have been concluded to carry out the treatment; and
(e) satisfies the Minister that, if the treatment is an organ transplant, the donor of the relevant organ is accompanying the applicant to Australia or that all requisite arrangements to effect the donation of the organ have been concluded in Australia.
(3) An applicant meets the requirements of this subclause if the applicant:
(a) seeks to donate an organ for transplant in Australia; and
(b) satisfies the Minister that, if the donee is an applicant referred to in subclause (2), the donee meets the requirements of that subclause.
(4) The applicant meets the requirements of this subclause if the applicant:
(a) seeks to give emotional and other support to an applicant described in subclause (2) or (3); and
(b) satisfies the Minister that the person to whom the applicant is to provide support meets the requirements of subclause (2) or (3), as the case requires.
(5) The applicant meets the requirements of this subclause if the applicant is a citizen of Papua New Guinea who:
(a) resides in the Western Province of Papua New Guinea; and
(b) is approved by the Queensland Department of Health for medical evacuation to a hospital in Queensland.
675.213
The Minister is satisfied that no Australian citizen or Australian permanent resident would be disadvantaged in obtaining medical treatment or consultation if the visa was granted.
675.214
The applicant has adequate funds for personal support during the period of the visit.
675.215
If the application is made outside Australia, the period of stay in Australia proposed in the application does not exceed 3 months.
675.216
If the application is made in Australia:
(a) the applicant:
(i) is the holder of a substantive temporary visa other than a subclass 426 visa; or
(ii) does not hold a substantive visa and:
(A) immediately before ceasing to hold a substantive visa, was the holder of a substantive temporary visa other than a subclass 426 visa; and
(B) satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and
(c) the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject; and
(d) the grant of the visa would not result in the applicant being authorised to remain in Australia for more than 3 consecutive months as the holder of 1 or more visitor visas.
675.22—Criteria to be satisfied at time of decision
675.221
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant continues to satisfy the criteria in clauses 675.211 to 675.214; and
(b) if the application is made outside Australia, the applicant continues to satisfy the criterion in clause 675.215; and
(c) the applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia is genuine; and
(d) the applicant satisfies public interest criteria 4001 to 4004, 4013 and 4014; and
(e) if the applicant is applying outside Australia and has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002; and
(f) if the applicant is a person described in subclause 675.212 (2):
(i) the applicant satisfies the Minister that the applicant is free from a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community;
(ii) the applicant satisfies the Minister that arrangements have been concluded for the payment of all costs related to the treatment referred to in paragraph 675.212 (2) (a) and all other expenses of the applicant’s stay in Australia, including the expenses of any person accompanying the applicant; and
(iii) the applicant satisfies the Minister that, except where evidence is produced that the relevant government authority has otherwise approved, the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or any public authority in Australia; and
(g) if the applicant is a person described in subclause 675.212 (3), the applicant satisfies the Minister that:
(i) the applicant is free from tuberculosis; and
(ii) the applicant is free from a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community; and
(iii) the applicant is not a person who has a disease or condition (other than a disease or condition normally related to the organ transplant for which the applicant proposes coming to Australia) that, during the applicant’s proposed period of stay in Australia, would be likely to:
(A) result in a significant cost to the Australian community in the areas of health care or community services; or
(B) prejudice the access of an Australian citizen or permanent resident to health care or community services; and
(iv) arrangements have been concluded for the payment of all costs related to the organ transplant referred to in paragraph 675.212 (3) (a) and all other expenses of the applicant’s stay in Australia, including the expenses of any person accompanying the applicant; and
(v) except where evidence is produced that the relevant government authority has otherwise approved, the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or any public authority in Australia; and
(h) if the applicant is a person described in subclause 675.212 (4), the applicant:
(i) satisfies public interest criterion 4005; and
(ii) satisfies the Minister that arrangements have been concluded for the payment of all costs related to procedures to be undergone by the person to whom the applicant seeks to provide support, including the expenses of the applicant’s stay in Australia; and
(iii) satisfies the Minister that, except where evidence is produced that the relevant government authority has otherwise approved, the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or any public authority in Australia; and
(j) if the application is made in Australia:
(i) the Minister is satisfied that the further period of stay in Australia is not sought for the purpose of commencing, continuing or completing any studies or training; and
(ii) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted; and
(iii) if, at the time of application, the applicant was:
(A) the holder of a student visa on the grounds of having satisfied the primary criteria for that visa; and
(B) the student is under a scholarship scheme or training program that is approved by AusAID;
the applicant has the support of AusAID for the grant of the visa.
(3) An applicant meets the requirements of this subclause if the applicant is in Australia and:
(a) satisfies the criteria in paragraph 675.221 (2)(c) and subparagraph 675.221 (j)(ii); and
(b) has compelling personal reasons for the grant of the visa; and
(c) satisfies public interest criterion 4005, except paragraph (c) of that criterion..
(4) An applicant meets the requirements of this subclause if:
(a) he or she is in Australia; and
(b) he or she is suffering financial hardship as a result of changes in his or her circumstances after entering Australia; and
(c) he or she, or a member of his or her immediate family, is likely to become a charge on public funds in Australia; and
(d) for reasons beyond his or her control, he or she, or a member of his or her immediate family, cannot leave Australia; and
(e) the Minister is satisfied that the applicant has compelling personal reasons to work in Australia; and
(f) he or she meets public interest criterion 4005; and
(g) the applicant satisfies the Minister that the applicant’s expressed intention only to visit Australia is genuine; and
(h) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
675.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
675.4—Circumstances applicable to grant
675.411
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
675.412
If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
675.5—When visa is in effect
675.511
If the visa is granted outside Australia—temporary visa permitting the holder:
(a) to travel to, and enter, Australia on 1 or more occasions until a date specified by the Minister for the purpose; and
(b) to remain in Australia:
(i) for a period (not longer than 3 months after the date of each entry) specified by the Minister for the purpose; or
(ii) until a date (not later than 3 months after the date of each entry) specified by the Minister for the purpose.
675.512
(1) In this clause:
date of latest entry, in relation to the holder of a visa, is the date on which he or she last entered Australia before the grant of the visa.
(2) If the visa is granted in Australia—temporary visa permitting the holder:
(a) to remain in Australia:
(i) for a period (not longer than 3 months after the date of latest entry) specified by the Minister for the purpose; or
(ii) until a date (not longer than 3 months after the date of latest entry) specified by the Minister for the purpose; and
(b) if the holder leaves Australia:
(i) to travel to and enter Australia on 1 or more occasions until a date specified by the Minister for the purpose; and
(ii) to remain in Australia:
(A) for a period (not longer than 3 months after the date of each entry) specified by the Minister for the purpose; or
(B) until a date (not later than 3 months after the date of each entry) specified by the Minister for the purpose.
675.6—Conditions
675.611
In the case of a visa granted to an applicant who meets the requirements of subclause 675.221 (4): conditions 8201 and 8205.
675.611A
In any other case: conditions 8101, 8201 and 8205.
675.612
Condition 8503 may be imposed.
675.7—Way of giving evidence
675.711
Visa label affixed to a valid passport.
Subclass 676—Tourist (Short Stay)
676.1—Interpretation
Note: No interpretation provisions specific to this Part.
676.2—Primary Criteria
Note: All applicants must satisfy the primary criteria.
676.21—Criteria to be satisfied at time of application
676.211
The applicant:
(a) seeks to visit Australia, or remain in Australia as a visitor:
(i) for the purpose of visiting an Australian citizen, or Australian permanent resident, who is a parent, spouse, child, brother or sister of the applicant; or
(ii) for a purpose other than a purpose related to business or medical treatment; and
(b) either:
(i) has adequate funds, or access to adequate funds, for personal support during the period of the visit; or
(ii) meets the requirements of subclause 676.221 (4).
676.212
If the application is made outside Australia, the period of stay in Australia proposed in the application does not exceed 3 months.
676.213
If the application is made in Australia:
(a) the applicant:
(i) is the holder of a substantive temporary visa other than a Subclass 426 (Diplomatic or Consular) visa; or
(ii) does not hold a substantive visa and:
(A) immediately before ceasing to hold a substantive visa, was the holder of a substantive temporary visa other than a visa of Subclass 426; and
(B) satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and
(b) the applicant has complied substantially with the conditions to which the visa held, or last held, by the applicant is, or was, subject; and
(c) the grant of the visa would not result in the applicant being authorised to remain in Australia for more than 3 consecutive months as the holder of 1 or more visitor visas.
676.22—Criteria to be satisfied at time of decision
676.221
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant continues to satisfy the criterion in clause 676.211; and
(b) if the application is made outside Australia, the applicant continues to satisfy the criterion in clause 676.212; and
(c) the applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia is genuine; and
(d) the Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant; and
(e) the applicant satisfies public interest criteria 4001 to 4005, 4011, 4012, 4013 and 4014; and
(f) if the applicant is applying outside Australia and has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002; and
(g) if the application is made in Australia:
(i) the applicant continues to satisfy the criteria in paragraphs 676.213 (b) and (c); and
(ii) the Minister is satisfied that the further period of stay in Australia is not sought for the purpose of commencing, continuing or completing any studies or training; and
(iii) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted; and
(v) if, at the time of application, the applicant was:
(A) the holder of a student visa on the grounds of having satisfied the primary criteria for that visa; and
(B) the student is under a scholarship scheme or training program that is approved by AusAID;
the applicant has the support of AusAID for the grant of the visa.
(3) An applicant satisfies the requirements of this subclause if the applicant:
(a) is in Australia; and
(b) satisfies the criteria in paragraph 676.221 (2) (c) and subparagraph 676.221 (2) (g) (iii); and
(c) has compelling personal reasons for the grant of the visa; and
(d) satisfies public interest criterion 4005.
(4) An applicant meets the requirements of this subclause if:
(a) he or she is in Australia; and
(b) he or she is suffering financial hardship as a result of changes in his or her circumstances after entering Australia; and
(c) he or she, or a member of his or her immediate family, is likely to become a charge on public funds in Australia; and
(d) for reasons beyond his or her control, he or she, or a member of his or her immediate family, cannot leave Australia; and
(e) the Minister is satisfied that the applicant has compelling personal reasons to work in Australia; and
(f) he or she satisfies public interest criterion 4005; and
(g) the applicant satisfies the Minister that the applicant’s expressed intention only to visit Australia is genuine; and
(h) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
676.222
If, at the time of application, the applicant was the holder of a Subclass 417 (Working Holiday) visa, the applicant establishes that exceptional reasons exist for the grant of the visa.
676.3—Secondary Criteria: Nil.
Note: All applicants must satisfy the primary criteria.
676.4—Circumstances applicable to grant
676.411
`If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
676.412
If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
676.5—When visa is in effect
676.511
If the visa is granted outside Australia—temporary visa permitting the holder:
(a) to travel to, and enter, Australia on 1 or more occasions until a date specified by the Minister for the purpose; and
(b) to remain in Australia:
(i) for a period (not longer than 3 months after the date of each entry) specified by the Minister for the purpose; or
(ii) until a date (not later than 3 months after the date of each entry) specified by the Minister for the purpose.
676.512
(1) In this clause:
date of latest entry, in relation to the holder of a visa, is the date on which he or she last entered Australia before the grant of the visa.
(2) If the visa is granted in Australia—temporary visa permitting the holder:
(a) to remain in Australia:
(i) for a period (not longer than 3 months after the date of latest entry) specified by the Minister for the purpose; or
(ii) until a date (not later than 3 months after the date of latest entry) specified by the Minister for the purpose; and
(b) if the holder leaves Australia during the visa period:
(i) to travel to, and enter, Australia on one or more occasions until a date specified by the Minister for the purpose; and
(ii) to remain in Australia:
(A) for a period (not longer than 3 months after the date of each entry) specified by the Minister for the purpose; or
(B) until a date (not later than 3 months after the date of each entry) specified by the Minister for the purpose.
676.6—Conditions
676.611
In the case of a visa granted to an applicant who meets the requirements of subclause 676.221 (4): conditions 8201 and 8205.
676.612
In any other case: conditions 8101, 8201 and 8205.
676.613
Condition 8503 may be imposed.
676.7—Way of giving evidence
676.711
Visa label affixed to a valid passport.
Subclass 685—Medical Treatment (Long Stay)
685.1—Interpretation
Note: No interpretation provisions specific to this Part.
685.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
685.21—Criteria to be satisfied at time of application
685.211
The applicant seeks to visit Australia, or remain in Australia as a visitor, for the purposes of medical treatment or for related purposes.
685.212
(1) The applicant meets the requirements of subclause (2), (3), (4), (5), (6) or (7).
(2) An applicant meets the requirements of this subclause if the applicant:
(a) seeks to obtain medical treatment (including consultation), other than treatment for the purposes of surrogate motherhood, in Australia; and
(b) satisfies the Minister that arrangements have been concluded to carry out the treatment; and
(e) satisfies the Minister that, if the treatment is an organ transplant, the donor of the relevant organ is accompanying the applicant to Australia or that all requisite arrangements to effect the donation of the organ have been concluded in Australia.
(3) An applicant meets the requirements of this subclause if the applicant:
(a) seeks to donate an organ for transplant in Australia; and
(b) satisfies the Minister that, if the donee is an applicant referred to in subclause (2), the donee meets the requirements of that subclause.
(4) An applicant meets the requirements of this subclause if the applicant:
(a) seeks to give emotional and other support to an applicant described in subclause (2) or (3); and
(b) satisfies the Minister that the person to whom the applicant is to provide support meets the requirements of subclause (2) or (3), as the case requires.
(5) An applicant meets the requirements of this subclause if the applicant is a citizen of Papua New Guinea who:
(a) resides in the Western Province of Papua New Guinea; and
(b) is approved by the Queensland Department of Health for medical evacuation to a hospital in Queensland.
(6) An applicant meets the requirements of this subclause if he or she:
(a) is in Australia; and
(b) has turned 50; and
(c) while in Australia, applied:
(i) for a permanent entry permit before 1 September 1994; or
(ia) for a section 47 temporary entry permit (within the meaning of the Migration (1993) Regulations); or
(ib) for an extended eligibility entry permit (within the meaning of the Migration (1989) Regulations); or
(ii) for a permanent visa on or after 1 September 1994; and
(d) has met all the criteria for the grant of that visa or entry permit other than public interest criteria related to health; and
(e) has been refused the visa or entry permit.
(7) An applicant meets the requirements of this subclause if he or she is a member of the family unit of a person who meets the requirements of subclause (6).
685.213
Except in the case of an applicant referred to in subclause 685.212 (6) or (7), the Minister is satisfied that no Australian citizen or Australian permanent resident would be disadvantaged in obtaining medical treatment or consultation if the visa was granted.
685.214
Except in the case of an applicant referred to in subclause 685.212 (6) or (7), the applicant has adequate funds for personal support during the period of the visit.
685.215
If the application is made outside Australia, the period of stay in Australia proposed in the application exceeds 3 months.
685.216
(1) Subject to subclause (2), if the application is made in Australia:
(a) the applicant is the holder of a substantive temporary visa other than a subclass 426 visa; or
(b) the applicant does not hold a substantive visa and:
(i) immediately before ceasing to hold a substantive visa was the holder of a temporary visa other than a visa of subclass 426; and
(ii) satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and
(c) the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
(2) Subclause (1) does not apply to an applicant referred to in subclause 685.212 (6) or (7).
685.22—Criteria to be satisfied at time of decision
685.221
(1) The applicant meets the requirements of subclause (2), (3), (4), (5) or (6).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant continues to satisfy the criteria in clauses 685.211 to 685.214; and
(b) if the application is made outside Australia, the applicant continues to satisfy the criterion in clause 684.215; and
(c) the applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia is genuine; and
(d) the applicant satisfies public interest criteria 4001 to 4004, 4013 and 4014; and
(e) if the applicant is applying outside Australia and has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002; and
(f) if the applicant is a person described in subclause 685.212 (2):
(i) the applicant satisfies the Minister that the applicant is free from a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community;
(ii) the applicant satisfies the Minister that arrangements have been concluded for the payment of all costs related to the treatment referred to in paragraph 685.212 (2) (a) and all other expenses of the applicant’s stay in Australia, including the expenses of any person accompanying the applicant; and
(iii) the applicant satisfies the Minister that, except where evidence is produced that the relevant government authority has otherwise approved, the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or any public authority in Australia; and
(g) if the applicant is a person described in subclause 685.212 (3) the applicant satisfies the Minister that:
(i) the applicant is free from tuberculosis; and
(ii) the applicant is free from a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community; and
(iii) the applicant is not a person who has a disease or condition (other than a disease or condition normally related to the organ transplant for which the applicant proposes coming to Australia) that, during the applicant’s proposed period of stay in Australia, would be likely to:
(A) result in a significant cost to the Australian community in the areas of health care or community services; or
(B) prejudice the access of an Australian citizen or permanent resident to health care or community services; and
(iv) arrangements have been concluded for the payment of all costs related to the organ transplant referred to in paragraph 685.212 (3) (a) and all other expenses of the applicant’s stay in Australia, including the expenses of any person accompanying the applicant; and
(v) except where evidence is produced that the relevant government authority has otherwise approved, the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or any public authority in Australia; and
(h) if the applicant is a person described in subclause 685.212 (4), the applicant:
(i) satisfies public interest criterion 4005; and
(ii) satisfies the Minister that arrangements have been concluded for the payment of all costs related to procedures to be undergone by the person to whom the applicant seeks to provide support, including the expenses of the applicant’s stay in Australia; and
(iii) satisfies the Minister that, except where evidence is produced that the relevant government authority has otherwise approved, the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or any public authority in Australia; and
(j) if the application is made in Australia:
(i) the Minister is satisfied that the further period of stay in Australia is not sought for the purpose of commencing, continuing or completing any studies or training; and
(ii) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted; and
(iii) if the grant of the visa would result in the applicant being authorised to stay in Australia for more than 12 consecutive months as the holder of 1 or more visitor visas, the applicant must satisfy the Minister that compelling personal reasons or exceptional circumstances exist for the grant of the visa; and
(iv) if, at the time of application, the applicant was:
(A) the holder of a student visa on the grounds of having met the primary criteria for that visa and
(B) the student is under a scholarship scheme or training program that is approved by AusAID; the applicant has the support of AusAID for the grant of the visa.
(3) An applicant meets the requirements of this subclause if the applicant:
(a) is in Australia and:
(b) satisfies the criteria in paragraph 685.221 (2)(c) and 685.211 (2)(j)(ii); and
(c) has compelling personal reasons for the grant of the visa; and
(d) satisfies public interest criterion 4005, except paragraph (c) of that criterion.
(4) An applicant meets the requirements of this subclause if he or she:
(a) satisfies the criterion in subclause 685.212 (6); and
(b) is medically unfit to depart Australia, as evidenced by a written statement to that effect from the Commonwealth Medical Officer.
(5) An applicant meets the requirements of this subclause if he or she:
(a) is a member of the family unit of a person who satisfies the criterion in subclause 685.212 (6); and
(b) that person is unfit to depart Australia, as evidenced by a statement from the Commonwealth Medical Officer.
(6) An applicant meets the requirements of this subclause if:
(a) he or she is in Australia; and
(b) he or she is suffering financial hardship as a result of changes in his or her circumstances after entering Australia; and
(c) he or she, or a member of his or her immediate family, is likely to become a charge on public funds in Australia; and
(d) for reasons beyond his or her control, he or she, or a member of his or her immediate family, cannot leave Australia; and
(e) the Minister is satisfied that the applicant has compelling personal reasons to work in Australia; and
(f) he or she meets public interest criterion 4005; and
(g) the applicant satisfies the Minister that the applicant’s expressed intention only to visit Australia is genuine; and
(h) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
685.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
685.4—Circumstances applicable to grant
685.411
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
685.412
If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
685.5—When visa is in effect
685.511
(1) If the visa is granted outside Australia—temporary visa permitting the holder:
(a) to travel to, and enter, Australia on 1 or more occasions until a date specified by the Minister for the purpose; and
(b) to remain in Australia:
(i) for a period specified by the Minister for the purpose; or
(ii) until a date specified by the Minister for the purpose.
(2) If the visa is granted in Australia—temporary visa permitting the holder:
(a) to remain in Australia:
(i) for a period specified by the Minister for the purpose; or
(ii) until a date specified by the Minister for the purpose; and
(b) if the holder leaves Australia during the visa period:
(i) to travel to, and enter, Australia on 1 or more occasions until a date specified by the Minister for the purpose; and
(ii) to remain in Australia:
(A) for a period specified by the Minister for the purpose; or
(B) until a date specified by the Minister for the purpose.
685.6—Conditions
685.611
In the case of a visa granted to an applicant who meets the requirements of subclause 685.221 (6): conditions 8201 and 8205.
685.611A
In any other case: conditions 8101, 8201 and 8205.
685.612
Condition 8503 may be imposed.
685.7—Way of giving evidence
685.711
Visa label affixed to a valid passport.
Subclass 686—Tourist (Long Stay)
686.1—Interpretation
Note: Oral application and tourism are defined in regulation 1.03. No interpretation provisions specific to this Part.
686.2—Primary Criteria
Note: All applicants must satisfy the primary criteria.
686.21—Criteria to be satisfied at time of application
686.211
The applicant:
(a) seeks to visit Australia, or remain in Australia, as a visitor:
(i) for the purpose of visiting an Australian citizen, or Australian permanent resident, who is a parent, spouse, child, brother or sister of the applicant; or
(ii) for another purpose other than a purpose related to business or medical treatment; and
(b) either:
(i) has adequate funds, or access to adequate funds, for personal support during the period of the visit; or
(ii) meets the requirements of subclause 686.221 (4).
686.212
If the application is made outside Australia, the period of stay in Australia proposed in the application exceeds 3 months.
686.213
If the application is made in Australia:
(a) the applicant:
(i) is the holder of a substantive temporary visa other than a Subclass 426 (Diplomatic or Consular) visa; or
(ii) does not hold a substantive visa and:
(A) immediately before ceasing to hold a substantive visa, was the holder of a substantive temporary visa other than a Subclass 426 visa; and
(B) satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and
(b) the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
686.22—Criteria to be satisfied at time of decision
686.221
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant continues to satisfy the criterion in clause 686.211; and
(b) if the application is made outside Australia, the applicant continues to satisfy the criterion in clause 686.212; and
(c) the applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia is genuine; and
(d) the Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant; and
(e) the applicant satisfies public interest criteria 4001 to 4005, 4011, 4012, 4013 and 4014; and; and
(f) if the applicant is applying outside Australia and has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002; and
(g) if the application is made in Australia:
(i) the applicant continues to satisfy the criterion in paragraph 686.213 (b); and
(ii) the Minister is satisfied that the further period of stay in Australia is not sought for the purpose of commencing, continuing or completing any studies or training; and
(iii) the Minister is satisfied that the applicant intends to comply with any conditions to which the visa is granted; and
(v) if the grant of the visa would result in the applicant being authorised to stay in Australia for more than 12 consecutive months as the holder of 1 or more visitor visas or a Subclass 417 (Working Holiday) visa, the applicant must satisfy the Minister that exceptional circumstances exist for the grant of the visa; and
(vi) if, at the time of application, the applicant was:
(A) the holder of a student visa on the grounds of having satisfied the primary criteria for that visa; and
(B) a student under a scholarship scheme or training program approved by AusAID;
the applicant has the support of AusAID for the grant of the visa.
(3) An applicant meets the requirements of this subclause if the applicant:
(a) is in Australia; and:
(b) satisfies the criteria in paragraph 686.221 (2) (c) and subparagraph 686.221 (2) (g) (iii); and
(c) has compelling personal reasons for the grant of the visa; and
(d) satisfies public interest criterion 4005.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant is in Australia; and
(aa) the application is not an oral application; and
(b) the applicant is suffering financial hardship as a result of changes in the applicant’s circumstances after entering Australia; and
(c) the applicant, or a member of the applicant’s immediate family, is likely to become a charge on public funds in Australia; and
(d) for reasons beyond the applicant’s control, the applicant, or a member of the applicant’s immediate family, cannot leave Australia; and
(e) the Minister is satisfied that the applicant has compelling personal reasons to work in Australia; and
(f) the applicant meets public interest criterion 4005; and
(g) the applicant satisfies the Minister that the applicant’s expressed intention only to visit Australia is genuine; and
(h) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
686.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
686.4—Circumstances applicable to grant
686.411
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
686.412
If the applicant is in Australia at time of application, the applicant must be in Australia at the time of grant.
686.5—When visa is in effect
686.511
(1) If the visa is granted outside Australia—temporary visa permitting the holder:
(a) to travel to, and enter, Australia on 1 or more occasions until a date specified by the Minister for the purpose; and
(b) to remain in Australia:
(i) for a period specified by the Minister for the purpose; or
(ii) until a date specified by the Minister for the purpose.
(2) If the visa is granted in Australia on the basis of an application other than an oral application—temporary visa permitting the holder:
(a) to remain in Australia for a period, or until a date specified by the Minister for the purpose; and
(b) if the holder leaves Australia during the visa period:
(i) to travel to and enter Australia on one or more occasions until a date specified by the Minister for the purpose; and
(ii) to remain in Australia after each entry:
(A) for a period specified by the Minister for the purpose; or
(B) until a date specified by the Minister for the purpose.
(3) If the visa is granted in Australia on the basis of an oral application—temporary visa permitting the holder:
(a) to remain in Australia until the date (in this subclause called the last stay date) that is the earlier of:
(i) the date 6 months after the latest date on which the substantive visa held by the holder at the time of making the oral application would have permitted the holder to remain in Australia; or
(ii) the date 12 months from the date on which the holder last entered Australia; and
(b) if the visa holder leaves Australia during the visa period:
(i) to travel to, and enter, Australia on 1 or more occasions until the date that is the later of:
(A) the latest date on which the holder could have entered Australia under the authority of the substantive visa held by the holder at the time of making the oral application; or
(B) the last stay date; and
(ii) to remain in Australia after each entry:
(A) for a period specified by the Minister for the purpose; or
(B) until a date specified by the Minister for the purpose.
686.6—Conditions
686.611
In the case of a visa granted to an applicant who meets the requirements of subclause 686.221 (4): conditions 8201 and 8205.
686.612
In any other case: conditions 8101, 8201 and 8205.
686.613
Condition 8503 may be imposed.
686.7—Way of giving evidence
686.711
No evidence need be given if the visa is granted on the basis of an oral application.
686.712
If evidence is given, to be given by visa label affixed to a valid passport.
Subclass 771—Transit
771.1—Interpretation
Note: non‑military ship and member of the crew are defined in regulation 1.03. No interpretation provisions specific to this Part.
771.2—Primary criteria
Note: All applicants must satisfy the primary criteria.)
771.21—Criteria to be satisfied at time of application
771.211
The applicant intends to remain in Australia no longer than 72 hours.
771.212
The applicant establishes that the applicant’s principal purpose in entering Australia is:
(a) to pass through Australia in transit to another country; or
(b) to pass through Australia in order to join a non‑military ship (other than a ship that is being imported into Australia) as a member of its crew.
771.213
The applicant produces tickets or documentation, or both, establishing that the applicant has concluded arrangements for travel to a destination outside Australia.
771.22—Criteria to be satisfied at time of decision
771.221
The applicant continues to satisfy the criteria specified in clauses 771.211 to 771.213.
771.222
The applicant satisfies public interest criteria 4001, 4002, 4004, 4005, 4013 and 4014.
771.223
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
771.3—Secondary criteria: Nil.
Note: All applicants must meet the primary criteria.
771.4—Circumstances applicable to grant
771.411
The applicant must be outside Australia when the visa is granted.
771.5—When visa is in effect
771.511
Temporary visa permitting the holder to travel to and enter Australia on 1 or more occasions and to remain in Australia no longer than 72 hours on each occasion.
771.6—Conditions
771.611
The holder must enter on or before the date specified by the Minister for the purpose.
771.612
Conditions 8101 and 8201.
771.613
Any 1 or more of conditions 8501, 8514 and 8516 may be imposed.
771.7—Way of giving evidence
771.711
Visa label affixed to valid passport.
Subclass 773—Border
773.1—Interpretation
Note: eligible New Zealand citizen is defined in regulation 1.03. No interpretation provisions specific to this Part.
773.2—Primary criteria
Note: All applicants must meet the primary criteria.
773.21—Criteria to be satisfied at time of application
773.211
If the applicant has entered Australia and seeks immigration clearance, the applicant satisfies the criteria in clauses 773.212 to 773.216.
773.212
The applicant does not seek to remain in Australia as a refugee or on humanitarian grounds.
773.213
(1) The applicant is:
(a) the spouse of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen; or
(b) a person who is apparently eligible for a Return (Residence) visa or Resident Return (Temporary) visa; or
(c) a person who has entered Australia with a visa that has been cancelled on presentation in immigration clearance because the person has breached a condition that the person is not to arrive in Australia before the arrival of another person specified in the visa; or
(d) a person who:
(i) is a dependent child of:
(A) an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or
(B) the holder of a visa of a class set out in subclause (2); or
(C) the holder of a visa of a class specified in subclause (3); or
(D) the holder of a visa of a subclass specified in subclause (4); and
(ii) arrives in Australia in the care of a person who is an Australian citizen or the holder of a visa; or
(e) a person who:
(i) immediately before last departing Australia, held a visa of:
(A) a class specified in subclause (3); or
(B) a subclass specified in subclause (4); and
(ii) departed in circumstances in which it was not reasonably practicable to obtain a visa before departing; and
(iii) would, if refused immigration clearance, be prevented from reunion with a close relative of the person in Australia; or
(f) a person who:
(i) immediately before last departing Australia, held a Student (Temporary) visa; and
(ii) departed in circumstances in which it was not reasonably practicable for the person to obtain a visa before departing; or
(g) a person who:
(i) has entered Australia without a valid visa; and
(ii) seeks to remain in Australia on a temporary basis; and
(iii) appears to the Minister, on the basis of information contained in the application, to be a person who is eligible for the grant of:
(A) a Long Stay (Visitor) (Class TN) visa; or
(B) a Short Stay (Visitor) (Class TR) visa; or
(C) a Subclass 456 (Business (Short Stay)) visa; or
(D) apart from the applicant being in Australia, a Transit (Temporary) (Class TX) visa.
(2) The classes of visa referred to in sub‑subparagraph (1)(d)(i)(B) are the following:
(a) Spouse (Migrant);
(b) Child (Migrant);
(c) Adoption (Migrant);
(d) Parent (Migrant);
(e) Preferential Family (Migrant);
(f) Concessional Family (Migrant);
(g) Labour Agreement (Migrant);
(h) Employer Nomination (Migrant);
(j) Distinguished Talent (Migrant);
(k) Independent (Migrant);
(l) Business Skills (Migrant);
(m) Former Citizen (Migrant);
(n) Former Resident (Migrant);
(p) Family of New Zealand Citizen (Migrant);
(q) General (Residence);
(r) Change in Circumstances (Residence);
(s) Confirmatory (Residence);
(t) Family (Residence);
(u) Refugee and Humanitarian (Migrant);
(v) Camp Clearance (Migrant);
(w) East Timorese in Portugal (Special Assistance);
(x) Citizens of Former Yugoslavia (Special Assistance);
(y) Minorities of Former USSR (Special Assistance);
(z) Burmese in Burma (Special Assistance);
(za) Sudanese (Special Assistance);
(zb) Burmese in Thailand (Special Assistance);
(zc) Cambodian (Special Assistance);
(zd) Return (Residence);
(ze) Norfolk Island Permanent Resident (Residence);
(zf) Protection;
(zg) Territorial Asylum (Residence).
(3) The classes of visa referred to in sub-subparagraphs (1) (d) (i) (C) and (1) (e) (i) (A) are the following:
(a) Business (Temporary) (Class TB);
(b) Cultural/Social (Temporary) (Class TE);
(c) Diplomatic (Temporary) (Class TF);
(d) Domestic Worker (Temporary) (Class TG);
(e) Educational (Temporary) (Class TH);
(f) Expatriate (Temporary) (Class TJ);
(g) Family Relationship (Temporary) (Class TL);
(ga) Interdependency (Provisional) (Class UG);
(h) Interdependency (Temporary) (Class TM);
(i) Medical Practitioner (Temporary) (Class UE);
(j) Retirement (Temporary) (Class TQ);
(ja) Spouse (Provisional) (Class UF);
(k) Supported Dependent (Temporary) (Class TW);
(l) Working Holiday (Temporary) (Class TZ).
(4) The subclasses of visa referred to in sub-subparagraphs (1) (d) (i) (D) and (1) (e) (i) (B) are the following:
(a) Subclass 303 (Emergency (Temporary Visa Applicant));
(b) Subclass 457 (Business (Long Stay)).
773.214
In the case of an application by an applicant other than a person referred to in paragraph 773.213 (c), the Minister is satisfied that:
(a) there are compelling reasons for granting a subclass 773 visa to the applicant; and
(b) the presence of the applicant in Australia would not be contrary to Australia’s interests; and
(c) the applicant has a good reason for not being the holder of a visa.
773.215
In the case of an application by an applicant referred to in paragraph 773.213 (c), the Minister is satisfied, on the basis of a written statement by the applicant, that:
(a) the applicant has reasonable grounds for having failed to comply with the condition; and
(b) there are compelling reasons for allowing the applicant to leave the place of immigration clearance with the permission of the clearance officer; and
(c) the specified person referred to in that paragraph will arrive in Australia within 30 days of the applicant being allowed to leave the place of immigration clearance with the permission of the clearance officer.
773.216
(1) Subject to subclause (2), if the applicant is an applicant referred to in paragraph 773.213 (e), (f) or (g), the application is not made within 5 years of the grant of a previous subclass 773 visa that was granted to the applicant on the basis of the applicant being a person of that kind.
(2) Subclause (1) does not apply to an applicant:
(a) if the applicant is a passenger on a vessel that has entered Australia because of matters beyond the control of the person in charge of the vessel; or
(b) if:
(i) there are compelling reasons for the grant of the visa to the applicant; and
(ii) the presence of the applicant in Australia would not be contrary to the interests of Australia; and
(iii) the applicant has a good reason for not being the holder of a visa.
773.217
If the application is made in Australia after immigration clearance, the applicant is the holder of a subclass 773 visa that was granted to the holder as a person referred to in paragraph 773.213 (d).
773.22—Criteria to be satisfied at time of decision
773.221
If the application is made in Australia and the applicant seeks immigration clearance, the applicant continues to satisfy the criteria in clauses 773.212 to 773.216.
773.222
The applicant satisfies:
(a) public interest criteria 4001, 4002, 4003, 4004 and 4005; and
(b) if the applicant is not a person described in sub-subparagraph 773.213 (1) (d) (i) (A) or (B)—public interest criteria 4013 and 4014.
773.223
If the application is made in Australia and the applicant seeks immigration clearance, and has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
773.224
If the application is made in Australia after immigration clearance:
(a) the subclass 773 visa held by the applicant was granted subject to the satisfaction of a requirement or condition before the expiry of a period specified in the visa and that requirement has not been satisfied; and
(b) the applicant establishes that it was not possible to satisfy the requirement or condition before expiry of the period; and
(c) the Minister is satisfied that it would be unreasonable to require the person to leave Australia.
773.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
773.4—Circumstances applicable to grant
773.411
When visa is granted, the applicant must be:
(a) in Australia and in immigration clearance; or
(b) in Australia after immigration clearance.
773.5—When visa is in effect
773.511
Temporary visa permitting the holder to remain in Australia for a period specified on the visa, not exceeding 30 days from the date of grant.
773.6—Conditions
773.611
Conditions applicable to the visa for which the applicant is apparently eligible.
773.7—Way of giving evidence
773.711
Visa label affixed to valid passport.
Subclass 800—Territorial Asylum
800.1—Interpretation
Note: No interpretation provisions specific to this Part.
800.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
800.21—Criteria to be satisfied at time of application
800.211
The applicant has been granted territorial asylum in Australia by instrument of a Minister.
800.22—Criteria to be satisfied at time of decision
800.221
The applicant continues to satisfy the criterion specified in clause 800.211.
800.221A
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005.
800.222
(1) Each person who is a member of the family unit of the applicant and is also an applicant for a subclass 800 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4009.
(2) Each person who is a member of the family unit of the applicant and is not an applicant for a subclass 800 visa 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.
800.223
If the family unit of the applicant includes a dependent child who made a combined application with the applicant for a subclass 800 visa, the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the child.
800.3—Secondary criteria
Note: The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
800.31—Criteria to be satisfied at time of application
800.311
The applicant is a member of the family unit of a person who satisfies or has satisfied the primary criteria in subdivision 800.21.
800.32—Criteria to be satisfied at time of decision
800.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 800 visa.
800.322
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4009.
800.323
If the applicant is the dependent child of a person who is the holder of a subclass 800 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
800.4—Circumstances applicable to grant
800.411
The applicant must be in the migration zone when the visa is granted.
800.5—When visa is in effect
800.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from date of grant.
800.6—Conditions: Nil.
800.7—Way of giving evidence
800.711
Visa label affixed to a valid passport.
Subclass 801—Spouse
801.1—Interpretation
801.111
In this Part:
nominating spouse, in relation to an applicant who is the holder of a Subclass 820 visa, means the person who nominated the applicant for the grant of that visa;
prospective marriage (temporary) visa means:
(a) a Prospective Marriage (Temporary) (Class TO) visa; or
(b) a Class 300 (prospective marriage) visa or entry permit within the meaning of the Migration (1993) Regulations; or
(c) a prospective marriage visa (code number 300), or equivalent entry permit, within the meaning of the Migration (1989) Regulations; or
(d) a transitional (temporary) visa, within the meaning of the Migration Reform (Transitional Provisions) Regulations, being:
(i) such a visa granted on the basis of an application for a visa or entry permit of a kind specified in paragraph (b) or (c); or
(ii) a visa or entry permit of such a kind having effect under those Regulations as a transitional (temporary) visa.
Note: long-term spouse relationship is defined in regulation 1.03.
801.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. The dependent child of an applicant who satisfies the primary criteria is also eligible for the grant of the visa if the child satisfies the secondary criteria.
801.21—[No criteria to be satisfied at time of application.]
801.22—Criteria to be satisfied at time of decision
801.221
(1) The applicant meets the requirements of subclause (2), (3), (4), (5), (6) or (8).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a subclass 820 visa; and
(b) the applicant continues to be nominated for the grant of the subclass 801 visa by the nominating spouse; and
(c) the applicant is the spouse of the nominating spouse; and
(d) subject to subclauses (6A) and (7), at least 2 years have passed since the application was made.
(3) An applicant meets the requirements of this subclause if the applicant is the holder of a subclass 820 visa granted on the basis that the applicant satisfied the requirements of subclause 820.221 (2).
(4) An applicant meets the requirements of this subclause if the applicant is the holder of a subclass 820 visa granted on the basis that the applicant satisfied the requirements of subclause 820.221 (3).
(5) An applicant meets the requirements of this subclause if the applicant:
(a) is the holder of a subclass 820 visa; and
(b) would meet the requirements of subclause (2) except that the nominating spouse has died; and
(c) satisfies the Minister that the applicant would have continued to be the spouse of the nominating spouse if the nominating spouse had not died; and
(d) has developed close business, cultural or personal ties in Australia.
(6) An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a subclass 820 visa; and
(b) the applicant would meet the requirements of subclause (2) except that the relationship between the applicant and the nominating spouse has ceased; and
(c) either or both of the following circumstances applies:
(i) either or both of the following:
(A) the applicant;
(B) a dependent child of the nominating spouse or of the applicant or of both of them;
has suffered domestic violence committed by the nominating spouse;
(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 nominating spouse:
(C) has been granted joint custody or access by a court; or
(D) has a residence order or contact order made under the Family Law Act 1975; or
(E) has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation.
Note: For special provisions relating to domestic violence, see Division 1.5.
(6A) Paragraph (2)(d) does not apply to an applicant who at the time of making the application was in a long-term spouse relationship with the nominating spouse.
(7) Nothing in paragraph (2)(d) prevents the Minister, less than 2 years after the application is made:
(a) refusing to grant a subclass 801 visa; or
(b) in the case of an application made before 1 November 1996, granting a Subclass 801 visa to an applicant who was granted a Subclass 820 (Spouse) visa on the basis that he or she satisfied the requirements of subclause 820.211 (3) or (5); or
(c) granting a subclass 801 visa to an applicant who was granted:
(i) an extended eligibility (spouse) (code number 820) entry permit under the Migration (1989) Regulations; or
(ii) a Class 820 (extended eligiblility (spouse)) entry permit under the Migration (1993) Regulations;
other than an applicant whose application was in accordance with approved form 887; or
(d) approving the grant of a subclass 801 visa to an applicant who meets the requirements of subclause (5) or (6).
(8) An applicant meets the requirements of this subclause if:
(a) the applicant held a Subclass 820 (Spouse) visa that ceased on notification of a decision of the Minister to refuse a Subclass 801 visa; and
(b) a review officer or the Tribunal has determined that the applicant meets the criteria for the grant of a Subclass 801 visa apart from the criterion that the applicant hold a Subclass 820 visa.
801.222
If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
801.223
(1) Subject to subclause (2), the applicant satisfies public interest criteria 44001, 4002, 4003, 4004, 4007 and 4009.
(2) Subclause (1) does not apply to an applicant who holds a subclass 820 visa granted on the basis that the applicant satisfied the requirements of subclause 820.211 (3), (4) or (5).
801.224
(1) Subject to subclause (3), each member of the family unit of the applicant who is an applicant for a subclass 801 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.
(2) Each member of the family unit of the applicant who is not an applicant for a subclass 801 visa satisfies:
(a) public interest criteria 4001 to 4004; and
(b) 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.
(3) Subclause (1) does not apply to an applicant who satisfies the requirements of subclause 801.321 as the holder of a subclass 820 visa granted on the basis that the applicant:
(a) was the dependent child of a person who satisfied the requirements of subclause 820.211 (3), (4) or (5); and
(b) entered Australia as the holder, as a dependent child, of a visa of the same class as the visa held by that person.
801.225
The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, a dependent child of the applicant.
801.3—Secondary criteria
Note: A dependent child, or 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 and his or her application is made before the Minister has decided to grant or refuse to grant the visa to the applicant meeting the primary criteria.
801.31—Criteria to be satisfied at time of application
801.311
The applicant is:
(a) a dependent child of a person who has applied for a General (Residence) (Class AS) visa; or
(b) a member of the family unit of a person who:
(i) is the holder of, or has been the holder of, a prospective marriage (temporary) visa; and
(ii) has applied for a General (Residence) (Class AS) visa;
and the Minister has not decided to grant or refuse to grant a visa to the person.
801.32—Criteria to be satisfied at time of decision
801.321
An applicant meets the requirements of this clause if:
(a) either:
(i) the applicant is the holder of:
(A) a Subclass 445 (Dependent Child) visa; or
(B) a Subclass 820 (Spouse) visa;
granted on the basis that the applicant was the dependent child, or a member of the family unit, as the case requires, of another person who was the holder of a Subclass 820 visa; or
(ii) the applicant was the holder of:
(A) a Subclass 445 visa; or
(B) a Subclass 820 visa;
which ceased on notification of a decision to refuse a Subclass 801 visa to the person of whom the applicant is a dependent child or of whose family unit the applicant is a member; and
(b) that other person has been granted a Subclass 801 visa.
801.322
If an assurance of support has been requested by the Minister in relation to the relevant person who satisfies the primary criteria:
(a) an assurance of support in relation to that person, that includes the applicant, has been given and has been accepted by the Minister; or
(b) an assurance of support in relation to the applicant has been given and has been accepted by the Minister.
801.323
(1) Subject to subclause (2), the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.
(2) Subclause (1) does not apply to an applicant who holds a subclass 820 visa granted on the basis that the applicant met the requirements of clause 820.311 as the dependent child of a person:
(a) who satisfied the requirements of subclause 820.211 (3), (4) or (5); and
(b) who entered Australia as the holder, as a dependent child, of a visa of the same class as the visa held by that person.
801.324
The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
801.4—Circumstances applicable to grant
801.411
The applicant must be in Australia, but not in immigration clearance when the visa is granted.
801.5—When visa is in effect
801.511
Permanent visa permitting the holder to travel to and enter Australia for 5 years from date of grant.
801.6—Conditions: Nil.
801.7—Way of giving evidence
801.711
Visa label affixed to a passport.
Subclass 802—Child
802.1—Interpretation
Note: eligible New Zealand citizen is defined in regulation 1.03. No interpretation provisions specific to this Part.
802.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
802.21—Criteria to be satisfied at time of application
802.211
If:
(a) the applicant:
(i) was in Australia on 1 September 1994; and
(ii) was, immediately before 1 September 1994, a person to whom section 37 of the Act as in force immediately before that date applied; and
(iii) has not been granted a substantive visa on or after 1 September 1994; or
(b) the applicant is a person to whom section 48 of the Act applies;
the applicant:
(c) has not been refused a visa or had a visa cancelled under section 501 of the Act; and
(d) has become a dependent child of an Australian citizen, of an Australian permanent resident or of an eligible New Zealand citizen since last applying for an entry permit or substantive visa.
802.212
The applicant is:
(a) a dependent child of a person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(b) nominated for the grant of the visa by that person.
802.22—Criteria to be satisfied at time of decision
802.221
The applicant continues to satisfy the criterion in clause 802.212.
802.222
If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
802.223
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007.
802.224
(1) Each member of the family unit of the applicant who is an applicant for a subclass 802 visa satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007.
(2) Each member of the family unit of the applicant who is not an applicant for a subclass 802 visa satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
802.225
The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant or a dependent child of the applicant.
802.3—Secondary criteria
Note: If any member of a family unit satisfies the primary criteria, the other members of the family unit are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person.
802.31—Criteria to be satisfied at time of application
802.311
The applicant is a member of the family unit of a person who:
(a) has applied for:
(i) a Change in Circumstance (Residence) (Class AG) visa; or
(ii) Family (Residence) (Class AO) visa; and
(b) on the basis of the information provided in his or her application, appears to satisfy the criteria in subdivision 802.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person.
802.32—Criteria to be satisfied at time of decision
802.321
The applicant is a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 802 visa..
802.322
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007.
802.323
If an assurance of support has been requested by the Minister in relation to the relevant person who satisfies the primary criteria:
(a) an assurance of support in relation to that person, that includes the applicant, has been given and has been accepted by the Minister; or
(b) an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
802.324
If the applicant is a dependent child, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
802.4—Circumstances applicable to grant
802.41
The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
802.5—When visa is in effect
802.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
802.6—Conditions: Nil.
802.7—Way of giving evidence
802.7
Visa label affixed to a passport.
Subclass 804—Aged Parent
804.1—Interpretation
804.11
In this Part:
adult child, in relation to an applicant, means a child of the applicant who has turned 18.
Note: aged parent and eligible New Zealand citizen are defined in regulation 1.03.
804.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
804.21—Criteria to be satisfied at time of application
804.211
If:
(a) the applicant:
(i) was in Australia on 1 September 1994; and
(ii) was, immediately before 1 September 1994, a person to whom section 37 of the Act as in force immediately before that date applied; and
(iii) has not been granted a substantive visa on or after 1 September 1994; or
(b) the applicant is a person to whom section 48 of the Act applies;
the applicant:
(c) has not been refused a visa or had a visa cancelled under section 501 of the Act; and
(d) has become an aged parent of an Australian citizen, of an Australian permanent resident or of an eligible New Zealand since last applying for an entry permit or substantive visa.
804.212
The applicant is nominated for the grant of the visa by an adult child of the applicant who is:
(a) a settled Australian citizen;
(b) a settled Australian permanent resident; or
(c) a settled eligible New Zealand citizen.
804.213
If the applicant is not the holder of a substantive visa, the applicant satisfies Schedule 3 criterion 3002.
804.22—Criteria to be satisfied at time of decision
804.221
The applicant is an aged parent of the Australian citizen, Australian permanent resident or eligible New Zealand citizen referred to in clause 804.212.
804.222
The applicant continues to satisfy the criterion in clause 804.212.
804.223
The applicant satisfies the balance of family test.
Note: the balance of family test is set out in regulation 1.05.
804.224
An assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
804.225
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010
804.226
(1) Each member of the family unit of the applicant who is an applicant for a subclass 804 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
(2) Each member of the family unit of the applicant who is not an applicant for a subclass 804 visa satisfies;
(a) public interest criteria 4001 to 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.
804.227
The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, a dependent child of the applicant.
804.3—Secondary criteria
Note: If any member of a family unit satisfies the primary criteria, the other members of the family unit are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person.
804.31—Criteria to be satisfied at time of application
804.311
The applicant is a member of the family unit of a person who:
(a) has applied for:
(i) a Change in Circumstance (Residence) (Class AG) visa; or
(ii) a Family (Residence) (Class AO) visa; or
(iii) a General (Residence) (Class AS) 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.
804.32—Criteria to be satisfied at time of decision
804.321
The applicant is a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 804 visa.
804.322
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
804.323
Either:
(a) an assurance of support in relation to the relevant person who satisfies the primary criteria, that includes the applicant, has been given, and has been accepted by the Minister; or
(b) an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
804.324
If the applicant is a dependent child, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
804.4—Circumstances applicable to grant
804.411
The applicant must be in Australia, but not in immigration clearance when the visa is granted.
Note: Charges: Any applicable charges under the Migration (Health Services) Charge Act 1991 must be paid before the visa can be granted.
804.5—When visa is in effect
804.511
Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
804.6—Conditions: Nil.
804.7—Way of giving evidence
804.711
Visa label affixed to a passport.
Subclass 805—Skilled
805.1—Interpretation
Note: approved appointment is defined in regulation 5.19. No interpretation provisions specific to this Part.
805.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
805.21—Criteria to be satisfied at time of application
805.211
(1) The applicant is not the holder of:
(a) a visa of one of the following classes:
(i) Electronic Travel Authority (Class UD);
(ii) Long Stay (Visitor) (Class TN);
(iii) Short Stay (Visitor) (Class TR);
(iv) Special Category (Temporary) (Class TY);
(v) Special Tourist (Visitor) (Class TS); or
(b) a special purpose visa; or
(c) a Subclass 456 (Business (Short Stay)) visa; or
(d) a Subclass 457 (Business (Long Stay)) visa granted on the basis that:
(i) the applicant satisfied the requirements of subclause 457.223 (4) or (5); and
(ii) the employer referred to in that subclause was, in relation to the visa application, a pre-qualified business sponsor within the meaning of Division 1.4A.
(2) If the applicant is not the holder of a substantive visa:
(a) the applicant satisfies Schedule 3 criteria 3001, 3003 and 3004; and
(b) the last substantive visa held by the applicant was not:
(i) a visa of one of the following classes:
(A) Electronic Travel Authority (Class UD);
(B) Long Stay (Visitor) (Class TN);
(C) Short Stay (Visitor) (Class TR);
(D) Special Category (Temporary) (Class TY);
(E) Special Tourist (Visitor) (TS); or
(ii) a special purpose visa; or
(iii) a Subclass 456 (Business (Short Stay)) visa; or
(iv) a Subclass 457 (Business (Long Stay)) visa granted on the basis that:
(A) the applicant satisfied the requirements of subclause 457.223 (4) or (5); and
(B) the employer referred to in that subclause was, in relation to the visa application, a pre-qualified business sponsor within the meaning of Division 1.4A.
805.212
(1) Subject to subclause (1A), the applicant meets the requirements of subclause (2), (3), (4) , (5), (6), or (7).
(1A) Subclause (1) does not apply to an applicant who does not hold a substantive visa if he or she would have satisfied the requirements of that subclause if the application had been made immediately before his or her substantive visa ceased.
(2) An applicant meets the requirements of this subclause if the applicant:
(a) currently holds a qualifying visa within the meaning of subclause (2A); and
(b) has held 1 or more qualifying visas valid for an aggregate period of more than 12 months.
(2A) For the purposes of subclause (2), a visa is a qualifying visa if it is:
(a) a visa of one of the following classes:
(i) Business (Temporary) (Class TB);
(ii) Citizens of Former Yugoslavia (Temporary) (Class TC);
(iii) Cultural/Social (Temporary) (Class TE);
(iv) Educational (Temporary) (Class TH);
(v) Family Relationship (Temporary) (Class TL);
(vi) Interdependency (Temporary) (Class TM);
(vii) Medical Practitioner (Temporary) (Class UE);
(viii) Sri Lankan (Temporary) (Class TT);
(ix) Supported Dependent (Temporary) (Class TW); or
(b) a Subclass 457 (Business (Long Stay)) visa granted otherwise than on the basis that:
(i) the applicant satisfied the requirements of subclause 457.223 (4) or (5); and
(ii) the employer referred to in that subclause was, in relation to the visa application, a pre-qualified business sponsor within the meaning of Division 1.4A; or
(c) a Confirmatory (Temporary) (Class TD) visa granted on the basis that the applicant:
(i) had applied for a visa of a class specified in paragraph (a) or (b), but needed to travel to Australia before a criterion, or criteria, for the grant of that visa had been satisfied; and
(ii) subsequently satisfied that criterion or those criteria.
(3) An applicant meets the requirements of this subclause if:
(a) he or she:
(i) held 1 or more Group 2.6 (refugee and humanitarian (temporary entry)) entry permits under the Migration (1993) Regulations permitting temporary residence in Australia for a total period of more than 12 months; and
(ii) is taken to hold a transitional (temporary) visa under the Migration Reform (Transitional Provisions) Regulations on the basis that he or she held a Group 2.6 (refugee and humanitarian (temporary entry)) entry permit under the Migration (1993) Regulations immediately before 1 September 1994; or
(b) he or she:
(i) held 1 or more Subclass 443 (Citizens of Former Yugoslavia) or 435 (Sri Lankan) visas permitting temporary residence in Australia for a total period of more than 12 months; and
(ii) holds a Subclass 443 or 435 visa.
(4) An applicant meets the requirements of this subclause if:
(a) he or she:
(i) is the holder of a Student (Temporary) visa granted in relation to an award course at associate diploma level or above completed by the applicant while he or she was the holder of that visa; and
(ii) subject to subclause (9), is not an assisted student; or
(b) he or she
(i) is the holder of a Group 2.2 (student) entry permit granted under the Migration (1993) Regulations in relation to a formal course, or a category A course, completed by the applicant while the holder of that permit; and
(ii) is not a category B student for the purposes of the Migration (1993) Regulations or, subject to subclause (9), an assisted student.
(5) An applicant meets the requirements of this subclause if he or she is the holder of a Working Holiday (Temporary) visa.
(6) An applicant meets the requirements of this subclause if:
(a) the applicant produces written testimony given by an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen or an Australian organisation having a national reputation in relation to a profession, occupation or other activity as to the applicant’s standing in that profession, occupation or activity; and
(b) either:
(i) the applicant:
(A) has an exceptional record of achievement in that occupation, profession or activity; and
(B) would be an asset to the Australian community; and
(C) would have no difficulty in obtaining employment or in becoming established independently in Australia in that occupation, profession or activity; or
(ii) the applicant has a record of outstanding achievement, and is still prominent, in the arts or sport.
(7) An applicant meets the requirements of this subclause if:
(a) the applicant:
(i) has an exceptional record of achievement in an occupation, profession or activity; and
(ii) would be an asset to the Australian community; and
(iii) would have no difficulty obtaining employment or becoming established independently in Australia in that occupation, profession or activity; or
(b) the applicant has a record of outstanding achievement, and is still prominent, in the arts or sport; or
(c) in the opinion of the Minister, acting on the advice of:
(i) the Minister responsible for an intelligence or security agency within the meaning of the Australian Security Intelligence Organisation Act 1979; or
(ii) the Director‑General of Security;
the applicant has provided specialised assistance to the Australian Government in matters of security.
(9) For the purposes of subparagraphs (4) (a) (ii) and (4) (b) (ii), assisted student does not include a student granted entry to Australia for the purpose of study or training under the Subsidised Overseas Students Program.
805.213
(1) If the applicant is not an applicant who meets the requirements of subclause 805.212 (6) or (7), the applicant satisfies the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirements of this subclause if the applicant:
(a) has been nominated by an employer in respect of a permanent appointment in an industry for which there is a labour agreement; and
(b) has qualifications and experience that are suitable for the position to be taken by the applicant under the labour agreement; and
(c) unless exceptional circumstances apply, has not turned 55.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant has been nominated in accordance with subregulation 5.19 (2) by an employer in respect of an appointment in the business of that employer; and
(b) the applicant is a highly skilled person within the meaning of regulation 5.19 in relation to that appointment; and
(c) unless the appointment is exceptional, the applicant has not turned 55.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant has been nominated by an employer in respect of an appointment in the business of that employer; and
(b) in accordance with subregulation 5.19 (4), the appointment is an approved appointment; and
(c) unless the approved appointment is exceptional, the applicant:
(i) has not turned 45; and
(ii) has functional English; and
(iii) has a diploma (within the meaning of subregulation 2.26 (5)) or higher qualification that is relevant to that appointment.
805.22—Criteria to be satisfied at time of decision
805.221
If the application is based on satisfaction of the criteria in subclause 805.213 (2) the appointment referred to in subclause 805.213 (2)(a) has been approved.
805.222
If the application is based on satisfaction of the criteria in subclause 805.213(3) or (4):
(a) the appointment is an approved appointment under regulation 5.19; and
(b) the Minister is satisfied that the appointment will provide the employment referred to in the relevant employer nomination.
805.223
The maximum number of subclass 805 visas granted in the relevant financial year, as fixed by Gazette Notice, would not be exceeded if the application were approved.
805.224
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
805.225
If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
805.226
(1) Each member of the family unit of the applicant who is an applicant for a subclass 805 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
(2) Each member of the family unit of the applicant who is not an applicant for a subclass 805 visa is a person who:
(a) satisfies public interest criteria 4001 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.
805.227
The Minister is satisfied that the grant of the visa would not prejudice the rights of any person who has custody or guardianship of, or access to, a dependent child of the applicant.
805.3—Secondary criteria
Note: If any member of a family unit satisfies the primary criteria, the other members of the family unit are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person.
805.31—Criteria to be satisfied at time of application
805.311
The applicant is a member of the family unit of a person who:
(a) has applied for a General (Residence) (Class AS) visa; and
(b) on the basis of the information provided in his or her application, appears to satisfy the criteria in subdivision 805.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person.
805.312
Any sponsorship or nomination given in respect of that other person includes the applicant.
805.32—Criteria to be satisfied at time of decision
805.321
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person (in this clause called ‘the non-dependent holder’) who, having satisfied the primary criteria, is the holder of a Subclass 805 visa.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant is the spouse of the non-dependent holder; and
(b) the relationship between the non-dependent holder and the applicant has ceased; and
(c) 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 non-dependent holder;
(iii) a dependent child of the applicant or of the non-dependent holder;
has suffered domestic violence committed by the non-dependent holder.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of the spouse of the non-dependent holder; and
(b) the spouse meets the requirements of subclause (3); and
(c) the applicant has made a combined application with the non-dependent holder; and
(d) the spouse has been granted a Subclass 805 visa.
Note: For special provisions relating to domestic violence, see Division 1.5.
805.322
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
805.323
If an assurance of support has been requested by the Minister in relation to the relevant person who satisfies the primary criteria:
(a) an assurance of support in relation to that person, that includes the applicant, has been given and has been accepted by the Minister; or
(b) an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
805.324
The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
805.4—Circumstances applicable to grant
805.411
The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
805.5—When visa is in effect
805.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
805.6—Conditions: Nil.
805.7—Way of giving evidence
805.711
Visa label affixed to a passport.
Subclass 806—Family
806.1—Interpretation
Note: aged dependant relative, special need relative and eligible New Zealand citizen are defined in regulation 1.03, orphan relative in regulation 1.14, and remaining relative in regulation 1.15. There are no interpretation provisions specific to this Part.
806.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
806.21—Criteria to be satisfied at time of application
806.211
If:
(a) the applicant:
(i) was in Australia on 1 September 1994; and
(ii) was, immediately before 1 September 1994, a person to whom section 37 of the Act as in force immediately before that date applied; and
(iii) has not been granted a substantive visa on or after 1 September 1994; or
(b) the applicant is a person to whom section 48 of the Act applies;
the applicant:
(c) has not been refused a visa or had a visa cancelled under section 501 of the Act; and
(d) has become an aged dependent relative, an orphan relative, a remaining relative or a special need relative of an Australian citizen, of an Australian permanent resident, or of an eligible New Zealand citizen since last applying for an entry permit or substantive visa.
806.212
The applicant:
(a) satisfies schedule 3 criterion 3002; and
(b) either:
(i) is the holder of a substantive visa (other than a subclass 771 visa); or
(ii) is not the holder of a substantive visa, and immediately before ceasing to hold a substantive visa, was not the holder of a subclass 771 visa.
806.213
The applicant is an aged dependent relative, an orphan relative, a remaining relative or a special need relative of another person who:
(a) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
(b) is usually resident in Australia; and
(c) has nominated the applicant for the grant of the visa.
806.22—Criteria to be satisfied at time of decision
806.221
The applicant continues to satisfy the criteria in clause 806.213.
806.222
An assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
806.223
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
806.224
(1) Each member of the family unit of the applicant who is an applicant for a subclass 806 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
(2) Each member of the family unit of the applicant who is not an applicant for a subclass 806 visa satisfies:
(a) public interest criteria 4001 to 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.
806.225
The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant or a dependent child of the applicant.
806.3—Secondary criteria
Note: If any member of a family unit satisfies the primary criteria, the other members of the family unit are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person.
806.31—Criteria to be satisfied at time of application
806.311
The applicant is a member of the family unit of a person who:
(a) has applied for a visa of any of the following classes:
(i) a Change in Circumstance (Residence) (Class AG); or
(ii) a Family (Residence) (Class AO); or
(iii) a General (Residence) (Class AS); and
(b) on the basis of the information provided in his or her application, appears to satisfy the criteria in subdivision 806.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person.
806.32—Criteria to be satisfied at time of decision
806.321
The applicant is a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 806 visa.
806.322
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
806.323
Either:
(a) an assurance of support in relation to the relevant person who satisfies the primary criteria, that includes the applicant, has been given and has been accepted by the Minister; or
(b) an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
806.324
If the applicant is a dependent child, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
806.4—Circumstances applicable to grant
806.411
The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
Note: charges: Any applicable charge under the Migration (Health Services) Charge Act 1991 must be paid before the visa can be granted.
806.5—When visa is in effect
806.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
806.6—Conditions: Nil.
806.7—Way of giving evidence
806.711
Visa label affixed to a passport.
Subclass 808—Confirmatory (Residence)
808.1—Interpretation
Note: No interpretation provisions specific to this Part.
808.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
808.22—Criteria to be satisfied at time of application
808.221
The applicant:
(a) is the holder of a Resident Return (Temporary) visa and satisfies the Minister that he or she would have satisfied the criteria for the grant of a Return (Residence) visa at the time he or she was granted the Resident Return (Temporary) visa; or
(b) is a person who is the holder of an Emergency (Temporary) 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 visa; and
(B) has satisfied the primary criteria; or
(c) is the holder of a Border (Temporary) visa and satisfies the Minister that he or she would have satisfied the criteria for the grant of a Return (Residence) visa when he or she was granted the Border (Temporary) 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.
808.222
In the case of an applicant who is the holder of a subclass 302 (Emergency (Permanent Visa Applicant)) visa, all members of the family unit of the applicant satisfy the public interest criteria applicable to them.
808.23—Criteria to be satisfied at time of decision
808.231
In the case of an applicant who is a member of the family unit of a person referred to in subparagraph 808.221 (b)(ii), the person referred to in that subparagraph holds a Confirmatory (Residence) visa.
808.3—Secondary criteria: Nil.
Note: All applicants must meet the primary criteria.
808.4—Circumstances applicable to grant
808.41
The applicant must be inside Australia, but not in immigration clearance when the visa is granted.
Note: Any applicable charge under the Migration (Health Services) Charge Act 1991 must be paid before the visa can be granted.
808.5—When visa is in effect
808.511
Visa granted on basis of satisfaction of paragraph 808.221(a) or (c): permanent visa.
808.512
Visa granted on basis of satisfaction of paragraph 808.221(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.
808.6—Conditions: Nil.
808.7—Way of giving evidence
808.711 Visa label affixed to a passport.
Subclass 814—Interdependency
814.1—Interpretation
814.111
In this Part:
nominator, in relation to an applicant, means the Australian citizen, Australian permanent resident or eligible New Zealand citizen who nominated the applicant for the purposes of the grant of a subclass 814 visa.
Note: eligible New Zealand citizen and ‘long-term interdependent relationship are defined in regulation 1.03. For interdependent relationship see regulation 1.09A.
814.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. The dependent child of an applicant who satisfies the primary criteria is also eligible for the grant of the visa if the child satisfies the secondary criteria.
814.21—[No criteria to be satisfied at time of application]
814.22—Criteria to be satisfied at time of decision
814.221
(1) The applicant meets the requirements of subclause (2), (3), (4), (5), (7) or (8).
(2) An applicant meets the requirements of this subclause if:
(a) he or she is the holder of a Subclass 826 (Interdependency) visa; and
(b) he or she has held:
(i) a Subclass 305 (Interdependency) visa; or
(ii) a Class 305 (interdependency (temporary)) visa or Class 305 (interdependency (temporary)) entry permit granted under the Migration (1993) Regulations; or
(iii) an Interdependency (temporary) visa or entry permit (code number 305) under the Migration (1989) Regulations; and
(c) the Minister is satisfied that the applicant continues to be in an interdependent relationship with the nominator; and
(d) the applicant continues to be nominated for the grant of the Subclass 814 visa by the nominator.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 826 visa; and
(b) the applicant continues to be nominated for the grant of the Subclass 814 visa by the nominator; and
(c) the Minister is satisfied that the applicant continues to be in an interdependent relationship with the nominator; and
(d) subject to subclauses (5A) and (6), at least 2 years have passed since the application was made.
(4) An applicant meets the requirements of this subclause if the applicant is the holder of a Subclass 826 visa granted on the basis that the applicant was a person who satisfied the criteria set out in subclause 826.221 (3).
(5) An applicant meets the requirements of this subclause if the applicant:
(a) is the holder of a Subclass 826 visa; and
(b) would meet the requirements of subclause (2) or (3) except that the nominator has died; and
(c) satisfies the Minister that the relationship was genuine and, had the nominator not died, would have continued; and
(d) has developed close business, cultural or personal ties in Australia.
(5A) Paragraph (3)(d) does not apply to an applicant who at the time of making the application was in a long-term interdependent relationship with the nominator.
(6) Nothing in paragraph (3) (d) prevents the Minister from:
(a) refusing to grant a Subclass 814 visa; or
(b) approving the grant of a Subclass 814 visa to an applicant who meets the requirements of subclause (5) or (8);
less than 2 years after the application is made.
(7) An applicant meets the requirements of this subclause if:
(a) the applicant held a Subclass 826 visa that ceased on notification of a decision of the Minister to refuse a Subclass 814 visa; and
(b) a review officer or the Tribunal has determined that the applicant meets the criteria for the grant of a Subclass 814 visa apart from the criterion that the applicant hold a Subclass 826 visa.
(8) An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 826 visa; and
(b) the applicant would meet the requirements of subclause (2) or (3) except that the relationship between the applicant and the nominator has ceased; and
(c) either or both of the following:
(i) the applicant;
(ii) a dependent child of the nominator or of the applicant;
has suffered domestic violence committed by the nominator.
Note: For special provisions relating to domestic violence, see Division 1.5.
814.222
If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
814.223
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.
814.224
(1) Each member of the family unit of the applicant who is an applicant for a subclass 814 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.
(2) Each member of the family unit of the applicant who is not an applicant for a subclass 814 visa satisfies public interest criteria:
(a) 4001 to 4004; and
(b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
814.225
The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, a dependent child of the applicant.
814.3—Secondary criteria
Note: A 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 and his or her application is made before the Minister has decided to grant or refuse to grant the visa to the applicant parent.
814.31—Criteria to be satisfied at time of application
814.311
The applicant is a dependent child of a person who has applied for a General (Residence) (Class AS) visa, and the Minister has not decided to grant or refuse to grant a visa to that person.
814.31—Criteria to be satisfied at time of decision
814.321
An applicant meets the requirements of this clause if:
(a) either:
(i) the applicant is the holder of a Subclass 445 (Dependent Child) visa or a Subclass 826 (Interdependency) visa granted on the basis that the applicant was the dependent child of another person who was the holder of a Subclass 826 visa; or
(ii) the applicant was the holder of a Subclass 445 visa or a Subclass 826 visa which ceased on notification of a decision to refuse a Subclass 814 visa to the person of whom the applicant is a dependent child; and
(b) that other person has been granted a Subclass 814 visa.
814.322
If an assurance of support has been requested by the Minister in relation to the relevant person who satisfies the primary criteria:
(a) an assurance of support in relation to that person, that expressly includes the applicant, has been given and has been accepted by the Minister; or
(b) an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
814.323
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.
814.324
The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
814.4—Circumstances applicable to grant
814.411
The applicant must be in Australia, but not in immigration clearance when the visa is granted.
814.5—When visa is in effect
814.511
Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
814.6—Conditions:
Nil.
814.7—Way of giving evidence
814.711
Visa label affixed to a passport.
Subclass 820—Spouse
820.1—Interpretation
820.111
In this Part:
court means a Court of Australia or an external Territory;
nominating spouse, means:
(a) in relation to an applicant who is, or was, the holder of a prospective marriage (temporary) visa—the Australian citizen, Australian permanent resident, or eligible New Zealand citizen who was specified in the application for that visa as the person whom the applicant intended to marry after entry to Australia; or
(b) in relation to any other applicant—the Australian citizen, Australian permanent resident or eligible New Zealand citizen who nominated the applicant as his or her spouse when the application for the visa was made;
prospective marriage (temporary) visa means:
(a) a Prospective Marriage (Temporary) (Class TO) visa; or
(b) a Class 300 (prospective marriage) visa or entry permit within the meaning of the Migration (1993) Regulations; or
(c) a prospective marriage visa (code number 300), or equivalent entry permit, within the meaning of the Migration (1989) Regulations; or
(d) a transitional (temporary) visa, within the meaning of the Migration Reform (Transitional Provisions) Regulations, being:
(i) such a visa granted on the basis of an application for a visa or entry permit of a kind specified in paragraph (b) or (c); or
(ii) a visa or entry permit of such a kind having effect under those Regulations as a transitional (temporary) visa;
woman-at-risk visa means:
(a) a Subclass 204 (Woman at Risk) visa; or
(b) a Class 204 (woman at risk) visa within the meaning of the Migration (1993) Regulations; or
(c) a woman at risk visa (code number 204) within the meaning of the Migration (1989) Regulations; or
(d) a transitional (permanent) visa granted on the basis of an application for a visa of a kind referred to in paragraph (b) or (c).
Note: eligible New Zealand citizen is defined in regulation 1.03.
820.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. The dependent child of an applicant who satisfies the primary criteria is also eligible for the grant of the visa if the child satisfies the secondary criteria.
820.21—Criteria to be satisfied at time of application
820.211
(1) The applicant:
(a) is not the holder of a subclass 771 (Transit) visa; and
(b) meets the requirements of subclause (2), (3), (4), (5), (6), (7), (8) or (9).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant is the spouse 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 nominating spouse; and
(c) the applicant is nominated by that Australian citizen, Australian permanent resident or 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.
Note: SOFA forces member and SOFA forces civilian component member are defined in regulation 1.03. Broadly, a SOFA forces member is a member of the armed forces of Papua New Guinea, Singapore or the United States of America in Australia on official duty. A SOFA forces civilian component member is a person who is a member of the civilian component of one of those armed forces, in Australia on official duty.
(2B) The spouse of the applicant is prohibited from being a nominating spouse if:
(a) the spouse is a woman who was granted a 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 of that woman, having been divorced from that woman; or
(ii) the applicant was the spouse of that woman and that relationship had not been declared to Immigration; or
(iii) the applicant was permanently separated from that woman.
(3) 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 before 19 December 1989; and
(c) at the time the applicant entered Australia, he or she was engaged to be married to an Australian citizen or an Australian permanent resident; and
(d) the applicant has married that Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
(e) the applicant is the spouse of the nominating spouse; and
(f) the applicant is nominated by that Australian citizen, Australian permanent resident or eligible New Zealand citizen.
(4) 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 on or after 19 December 1989 as the holder of a Subclass 300 (Prospective Marriage (Temporary)) visa that authorised a stay in Australia of 3 months; 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 before marrying that Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
(e) the applicant is the spouse of the nominating spouse; and
(f) the applicant is nominated by that Australian citizen, Australian permanent resident or eligible New Zealand citizen.
(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 on or after 19 December 1989 as the holder of a prospective marriage (temporary) 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 nominating spouse; and
(f) the applicant is nominated by that Australian citizen, Australian permanent resident or 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 nominating spouse under a marriage that is recognised as valid for the purposes of the Act; and
(c) is nominated by the nominating spouse; and
(d) continues to be the spouse of the nominating spouse.
(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 nominating spouse under a marriage that is recognised as valid for the purposes of the Act; and
(c) the nominating spouse has died; and
(d) the applicant satisfies the Minister that the applicant would have continued to be the spouse of the nominating spouse if the nominating spouse 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 nominating spouse under a marriage that is recognised as valid for the purposes of the Act; and
(c) the relationship between the applicant and the nominating spouse 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 nominating spouse or of the applicant or of both of them;
has suffered domestic violence committed by the nominating spouse.
(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 nominating spouse under a marriage that is recognised as valid for the purposes of the Act; and
(d) the relationship between the applicant and the nominating spouse 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 nominating spouse or of the applicant or of both of them;
has suffered domestic violence committed by the nominating spouse.
Note: For special provisions relating to domestic violence, see Division 1.5.
820.22—Criteria to be satisfied at time of decision
820.221
(1) In the case of an applicant referred to in subclause 820.211 (2), (3), (4), (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), (3), (4), (5) or (6) except that the nominating spouse has died; and
(b) satisfies the Minister that the applicant would have continued to be the spouse of the nominating spouse if the nominating spouse 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), (3), (4), (5) or (6) except that the relationship between the applicant and the nominating spouse 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 nominating spouse or of the applicant or of both of them;
has suffered domestic violence committed by the nominating spouse;
(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 nominating spouse:
(C) has been granted joint custody or access by a court; or
(D) has a residence order or contact order made under the Family Law Act 1975; or
(E) has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation.
Note: For special provisions relating to domestic violence, see Division 1.5.
820.221A
Unless the applicant:
(a) is, or has been, the holder of a prospective marriage (temporary) 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 prospective marriage (temporary) visa;
the nomination of the applicant under clause 820.211 has been approved by the Minister.
Note: For limitations on the Minister’s discretion to approve nominations see regulation 1.20J.
820.222
(1) If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
820.223
(1) Subject to subclause (2), the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.
(2) Subclause (1) does not apply to an applicant referred to in subclause 820.211 (3), (4) or (5).
820.224
(1) Subject to subclause (2), each member of the family unit of the applicant:
(a) who is an applicant for an subclass 820 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b) who is not an applicant for a subclass 820 visa satisfies public interest criteria
(i) 4001 to 4004; and
(ii) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
(2) Subclause (1) does not apply to an applicant:
(a) who is a dependent child of an applicant referred to in subclause 820.211 (3), (4) or (5); and
(b) who entered Australia as the holder of a visa of the same class as the visa held by that other applicant.
820.225
The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, a dependent child of the applicant.
820.3—Secondary criteria
Note: A dependent child, or a member of the family unit, of an applicant who satisfies the primary criteria is also eligible for the grant of the visa if the child or member of the family unit satisfies the secondary criteria.
820.31—Criteria to be satisfied at time of application
820.311
The applicant is:
(a) either:
(i) a dependent child of a person who has applied for a General (Residence) (Class AS) 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 prospective marriage (temporary) visa; and
(B) has applied for a General (Residence) (Class AS) visa; and
(b) the nomination (if any) in respect of that person includes the applicant; and
(c) the Minister has not decided to grant or refuse to grant a visa to the person.
820.312
In the case of an applicant who is not the holder of a substantive visa—either:
(a) the applicant:
(i) entered Australia as the holder of a Subclass 995 (Diplomatic) visa or as a special purpose visa holder who at the time of entry met the requirements of subclause 820.211 (6); 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.
820.32—Criteria to be satisfied at time of decision
820.321
In the case of an applicant referred to in subclause 820.311, the person on whom the applicant is dependent, or of whose family unit the applicant is a member, has satisfied the primary criteria and is the holder of a subclass 820 visa.
820.322
(1) If an assurance of support has been requested by the Minister in relation to the relevant person who satisfies the primary criteria:
(a) an assurance of support in relation to that person, that includes the applicant, has been given and has been accepted by the Minister; or
(b) an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
820.323
(1) Subject to subclause (2), the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.
(2) Subclause (1) 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 (3), (4) or (5); and
(b) entered Australia as the holder of a visa of the same class as the visa held by that other applicant.
820.324
The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
820.4—Circumstances applicable to grant
820.411
The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
820.5—When visa is in effect
820.511
Temporary visa permitting the holder to travel to and enter Australia until:
(a) the holder is notified that his or her application for a subclass 801 (Spouse) visa has been decided; or
(b) that application is withdrawn.
820.6—Conditions: Nil.
820.7—Way of giving evidence
820.711
Evidence is not required to be provided except upon request by the visa holder, in which case evidence will be by visa label attached to a passport.
Subclass 826—Interdependency
826.1—Interpretation
Note: eligible New Zealand citizen is defined in regulation 1.03, and interdependent relationship in regulation 1.09A. There are no interpretation provisions specific to this Part.
826.2 Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. The dependent child of an applicant who satisfies the primary criteria is also eligible for the grant of the visa if the child satisfies the secondary criteria.
826.21—Criteria to be satisfied at time of application
826.211
The applicant is not the holder of a Subclass 771 (Transit) visa.
826.212
(1) The applicant meets the requirements of subclause (2).
(2) The applicant meets the requirements of this subclause if:
(a) the applicant has turned 18; and
(b) the applicant is nominated for the grant of the visa by a person (in this clause called ‘the nominator’) who:
(i) has turned 18; and
(ii) is an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
(iii) is not within a prohibited degree of relationship (within the meaning of subregulation 1.09A (3)) to the applicant; and
(c) the Minister is satisfied that the applicant has an interdependent relationship with the nominator; and
(d) if the applicant is the holder, as a person who satisfied the primary criteria, of a Subclass 305 (Interdependency) visa, the Minister is satisfied that the relationship referred to in paragraph (c) is the same relationship as the relationship that the applicant relied on to satisfy the criteria for that visa; and
(e) 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 satisfies the requirements of subclause (3); 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.
(3) An applicant meets the requirements of this subclause if:
(a) he or she is:
(i) a SOFA forces member; or
(ii) a SOFA forces civilian component member; or
(b) he or she:
(i) is a dependent child of a person referred to in paragraph (a); and
(ii) holds a valid national passport and a certificate that he or she is a dependent of a SOFA forces member or a SOFA forces civilian component member, as the case requires.
826.22—Criteria to be satisfied at time of decision
826.221
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirements of this subclause if he or she continues to meet the requirements in subclause 826.212(2).
(3) An applicant meets the requirements of this subclause if he or she:
(a) would continue to meet the requirements specified in subclause 826.212(2) except that the nominator in relation to the applicant has died; and
(b) satisfies the Minister that the relationship was genuine and would have continued if the nominator had not died; and
(c) has developed close business, cultural or personal ties in Australia.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant would meet the requirements of subclause (2) except that the relationship between the applicant and the nominator has ceased; and
(b) either or both of the following:
(i) the applicant;
(ii) a dependent child of the nominator or of the applicant;
has suffered domestic violence committed by the nominator.
Note: For special provisions relating to domestic violence, see Division 1.5.
826.221A
The nomination of the applicant under clause 826.212 has been approved by the Minister.
Note: For limitations on the Minister’s discretion to approve nominations see regulation 1.20J.
826.222
If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
826.223
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.
826.224
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 826 (interdependency (temporary)) visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 826 (interdependency (temporary)) visa satisfies public interest criteria:
(a) 4001 to 4004; and
(b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
826.225
The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, a dependent child of the applicant.
826.3—Secondary criteria
Note: 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.
826.31—Criteria to be satisfied at time of application
826.311
The applicant is a dependent child of a person who has applied for a General (Residence) (Class AS) visa, and:
(a) the nomination (if any) in respect of that person includes the applicant; and
(b) the Minister has not decided to grant or refuse to grant a visa to that person.
826.312
In the case of an applicant who is not the holder of a substantive visa—either:
(a) the applicant:
(i) entered Australia as the holder of a Subclass 995 (Diplomatic) visa or as a special purpose visa holder who at the time of entry met the requirements of subclause 826.212 (3); 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.
826.32—Criteria to be satisfied at time of decision
826.321
In the case of an applicant referred to in sub‑clause 826.311, the person on whom the applicant is dependent has satisfied the primary criteria and is the holder of a subclass 826 visa.
826.322
If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
826.323
If an assurance of support has been requested by the Minister in relation to the relevant person who satisfies the primary criteria:
(a) an assurance of support in relation to that person, that expressly includes the applicant, has been given and has been accepted by the Minister; or
(b) an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
826.324
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.
826.325
The Minister is satisfied that the grant of a visa to the applicant would not prejudice the rights and interests of any person who has guardianship or custody of, or access to, the applicant.
826.4—Circumstances applicable to grant
826.411
The applicant must be in Australia but not in immigration clearance when the visa is granted.
826.5—When visa is in effect
826.511
Temporary visa permitting the holder to travel to and enter Australia until:
(a) he or she is notified that his or her application for a subclass 814 visa has been decided; or
(b) that application is withdrawn.
826.6—Conditions: Nil.
826.7—Way of giving evidence
826.711
Evidence is not required to be provided except upon request by the visa holder, in which case evidence will be by visa label attached to a passport.
Subclass 831—Prospective Marriage Spouse
831.1—Interpretation
831.111
In this Part:
nominating spouse, in relation to an applicant, means the Australian citizen, Australian permanent resident, or eligible New Zealand citizen who was specified in the applicant’s application for the subclass 300 (prospective marriage) visa as the person whom the applicant intended to marry after entry to Australia.
Note: eligible New Zealand citizen is defined in regulation 1.03.
831.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
831.21—Criteria to be satisfied at time of application
831.211
(1) The applicant meets the requirements of subclause (2), (2A), (3) or (4).
(2) An applicant meets the requirements of this subclause if he or she:
(a) is the holder of a Subclass 300 (Prospective Marriage) visa; and
(b) has married the nominating spouse under a marriage that is recognised as valid for the purposes of the Act; and
(c) is nominated by the nominating spouse; and
(d) continues to be the spouse of the nominating spouse.
(2A) 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 nominating spouse under a marriage that is recognised as valid for the purposes of the Act; and
(c) the nominating spouse has died; and
(d) the applicant satisfies the Minister that the applicant would have continued to be the spouse of the nominating spouse if the nominating spouse had not died; and
(e) the applicant has developed close business, cultural or personal ties in Australia.
(3) An applicant meets the requirements of this subclause if:
(a) he or she is the holder of a Subclass 300 (Prospective Marriage) visa; and
(b) he or she has married the nominating spouse under a marriage that is recognised as valid for the purposes of the Act; and
(c) the relationship between the applicant and the nominating spouse 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 nominating spouse or of the applicant or of both of them;
has suffered domestic violence committed by the nominating spouse.
(4) An applicant meets the requirements of this subclause if:
(a) he or she is not the holder of a substantive visa; and
(b) he or she has been the holder of a Subclass 300 (Prospective Marriage) visa; and
(c) while that visa was valid, he or she married the nominating spouse under a marriage that is recognised as valid for the purposes of the Act; and
(d) the relationship between the applicant and the nominating spouse 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 nominating spouse or of the applicant or of both of them;
has suffered domestic violence committed by the nominating spouse.
Note: For special provisions relating to domestic violence, see Division 1.5.
831.22—Criteria to be satisfied at time of decision
831.221
(1) The applicant meets the requirements of subclause (2), (3), or (4).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant satisfied the requirements of clause 831.211 at the time of application; and
(b) the applicant is the spouse of the nominating spouse; and
(c) the applicant continues to be nominated by the nominating spouse.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant satisfied the requirements of clause 831.211 at the time of application; and
(b) the nominating spouse has died; and
(c) the applicant satisfies the Minister that the applicant would have continued to be the spouse of the nominating spouse if the nominating spouse had not died; and
(d) the applicant has developed close business, cultural or personal ties in Australia.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant satisfied the requirements of clause 831.211 at the time of application; and
(b) the relationship between the applicant and the nominating spouse has ceased; and
(c) either or both of the following circumstances applies:
(i) any 1 or more of the following:
(A) the applicant;
(B) a member of the family unit of the applicant who has made a combined application with the applicant;
(C) a dependent child of the nominating spouse or of the applicant or of both of them;
has suffered domestic violence committed by the nominating spouse;
(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 nominating spouse:
(C) has been granted joint custody or access by a court; or
(D) has a residence order or contact order made under the Family Law Act 1975; or
(E) has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation.
Note: For special provisions relating to domestic violence, see Division 1.5.]
831.222
If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
831.223
The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, a dependent child of the applicant.
831.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
831.31—Criteria to be satisfied at time of application
831.311
The applicant is a member of the family unit of a person who:
(a) has applied for a Family (Residence) (Class AO) visa; and
(b) on the basis of the information provided in his or her application, appears to satisfy the criteria in subdivision 831.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person.
831.312
The applicant is the holder of a subclass 300 (Prospective marriage) visa as a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 300 (Prospective marriage) visa.
831.313
The nomination in respect of the person who satisfies or has satisfied the primary criteria includes the applicant.
831.32—Criteria to be satisfied at time of decision
831.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 831 visa.
831.322
If an assurance of support has been requested by the Minister in relation to the person who satisfies the primary criteria:
(a) an assurance of support in relation to that person, that includes the applicant, has been given and has been accepted by the Minister; or
(b) an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
831.323
The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
831.4—Circumstances applicable to grant
831.411
The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
831.5—When visa is in effect
831.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
831.6—Conditions: Nil
831.7—Way of giving evidence
831.71
Visa label affixed to a passport.
Subclass 832—Close Ties
832.1—Interpretation
Note: eligible New Zealand citizen is defined in regulation 1.03. No interpretation provisions specific to this Part.
832.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
832.21—Criteria to be satisfied at time of application
832.211
The applicant:
(a) is the holder of a substantive visa, other than a subclass 771 (Transit) visa; or
(b) is not the holder of a substantive visa, and immediately before ceasing to hold a substantive visa, was not the holder of a subclass 771 (Transit) visa.
832.212
(1) The applicant meets the requirements of subclause (2), (3), (4) or (5).
(2) A person meets the requirements of this subclause if he or she last entered Australia before 1 January 1975.
(3) A person meets the requirements of this subclause if the person:
(a) last entered Australia as:
(i) the holder of a conditional resident return visa granted before 19 December 1989; or
(ii) the holder of a return visa, Class A, B, C, D, or E granted before 10 December 1990 in the circumstance that, when applying for the visa, the holder:
(A) claimed to have been an Australian permanent resident immediately before going overseas; and
(B) was unable to provide satisfactory evidence to substantiate that claim; and
(C) satisfied the Minister that the holder had urgent and compelling reasons for travelling to Australia before the claim could be substantiated; or
(iii) the holder of a subclass 159 (resident return) visa; or
(iv) the holder of a subclass 773 (Border) visa; and
(b) at any time within 5 years before being granted that visa, was an Australian permanent resident and subsequently ceased to hold a substantive visa.
(4) An applicant meets the requirement of this subclause if the applicant:
(a) has turned 18; and
(b) ceased to hold a substantive visa before turning 18; and
(c) before turning 18, spent the greater part of the period that the Minister regards as the applicant’s formative years in Australia.
(5) An applicant meets the requirements of this subclause if he or she satisfies:
(a) Schedule 3 criterion 3002, and
(b) the criteria set out in subdivision 150.21, 151.21 or 152.21.
832.22—Criteria to be satisfied at time of decision
832.221
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant is an applicant referred to in subclause 832.212 (2) or (3); and
(b) the Minister is satisfied that the applicant has developed close personal ties with Australia.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant is an applicant referred to in subclause 832.212 (4); and
(b) the applicant is not a member of, and does not reside with, the family unit (if any), with which the applicant first entered Australia.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant satisfies the requirements of subclause 832.212 (5); and,
(b) the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
832.222
If the applicant meets the requirements of subclause 832.212 (5):
(a) each member of the family unit of the applicant who is an applicant for a subclass 832 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005;
(b) each member of the family unit of the applicant who is not an applicant for a subclass 832 visa satisfies:
(i) public interest criteria 4001 to 4004; and
(ii) public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the applicant to undergo assessment in relation to that criterion.
832.223
The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to the applicant or a dependent child of the applicant.
832.224
If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
832.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
832.31—Criteria to be satisfied at time of application
832.311
The applicant is a member of the family unit of a person who:
(a) has applied for:
(i) a Family (Residence) (Class AO) visa; or
(ii) a General (Residence) (Class AS) visa; and
(b) on the basis of the information provided in his or her application, appears to satisfy the criteria in subdivision 832.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person.
832.32—Criteria to be satisfied at time of decision
832.321
The applicant is a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 832 visa.
832.322
If the applicant is a member of the family unit of a person who meets the requirements of subclause 832.221(5), the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
832.323
If an assurance of support has been requested by the Minister in relation to the person who satisfies the primary criteria:
(a) an assurance of support in relation to that person, that includes the applicant, has been given and has been accepted by the Minister; or
(b) an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
832.324
If the applicant is a dependent child, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
832.4—Circumstances applicable to grant
832.411
The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
832.5—When visa is in effect
832.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from date of grant.
832.6—Conditions: Nil.
832.7—Way of giving evidence
832.711
Visa label affixed to a passport.
Subclass 833—Certain Unlawful Non‑Citizens
833.1—Interpretation
Note: No interpretation provisions specific to this Part.
833.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
833.21—Criteria to be satisfied at time of application
833.211
If:
(a) the applicant:
(i) was in Australia on 1 September 1994; and
(ii) was, immediately before 1 September 1994, a person to whom section 37 of the Act as in force immediately before that date applied; and
(iii) has not been granted a substantive visa on or after 1 September 1994; or
(b) the applicant is a person to whom section 48 of the Act applies;
the applicant:
(c) has not been refused a visa or had a visa cancelled under section 501 of the Act; and
(d) has become a person who meets the requirements of clause 833.212 since last applying for an entry permit or substantive visa.
833.212
An applicant meets the requirement of this subclause if he or she:
(a) has turned 18; and
(b) before turning 18, ceased to hold a substantive visa; and
(c) immediately before ceasing to hold a substantive visa, did not hold a subclass 771 (Transit) visa; and
(d) before turning 18, spent the greater part of the period that the Minister regards as the applicant’s formative years in Australia.
833.22—Criteria to be satisfied at time of decision
833.221
The applicant is not a member of, and does not reside with, the family unit (if any), with which the applicant first entered Australia.
833.222
If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
833.223
The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights of any person who has custody or guardianship of, or access to the applicant or a dependent child of the applicant.
833.3—Secondary criteria
Note: The secondary criteria must be met by applicants who are family unit members of a person who satisfies the primary criteria.
833.31—Criteria to be satisfied at time of application
833.311
The applicant is a member of the family unit of a person who:
(a) has applied for a Change in Circumstance (Residence) (Class AG) visa; and
(b) on the basis of the information provided in his or her application, appears to satisfy the criteria in subdivision 833.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person.
833.32—Criteria to be satisfied at time of decision
833.321
The applicant is a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 833 visa.
833.322
If an assurance of support has been requested by the Minister in relation to the person who satisfies the primary criteria:
(a) an assurance of support in relation to that person, that includes the applicant, has been given and has been accepted by the Minister; or
(b) an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
833.323
If the applicant is a dependent child, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody of, or access to, the applicant.
833.4—Circumstances applicable to grant
833.411
The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
Note: Any applicable charges under the Migration (Health Services) Charge Act 1991 must be paid before the visa can be granted.
833.5—When visa is in effect
833.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
833.6—Conditions: Nil.
833.7—Way of giving evidence
833.711
Visa label affixed to a passport.
Subclass 834—Permanent Resident of Norfolk Island
834.1—Interpretation
Note: No interpretation provisions specific to this Part.
834.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
834.21—Criteria to be satisfied at time of application
834.211
The applicant is a permanent resident of Norfolk Island and holds, and has shown an officer, a passport that is in force and is endorsed with an authority to reside indefinitely on Norfolk Island.
834.22—Criteria to be satisfied at time of decision
834.221
The applicant continues to satisfy the requirements set out in clause 834.211.
834.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
834.4—Circumstances applicable to grant
834.411
At the time of grant the applicant must be in Australia and in immigration clearance.
834.5—When visa is in effect
834.511
Permanent visa permitting the holder to remain in Australia indefinitely.
834.6—Conditions: Nil.
834.7—Way of giving evidence
834.711
A port and date stamp placed in the passport of the applicant.
Subclass 840—Business owner
840.1—Interpretation
Note: appropriate regional authority, AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03; main business is defined in regulation 1.11; and eligible business is defined in s. 134 (10) of the Act. There are no interpretation provisions specific to this Part.]
840.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
840.21—Criteria to be satisfied at time of application
840.211
(1) The applicant:
(a) is in Australia; and
(b) holds:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Medical Practitioner (Temporary) (Class UE);
(F) Retirement (Temporary) (Class TQ);
(G) Supported Dependent (Temporary) (Class TW);
(H) Working Holiday (Temporary) (Class TZ); or
(ii) a Subclass 457 (Business (Long Stay)) visa; or
(iii) a transitional (temporary) visa that the applicant is taken to hold because he or she held, or applied for, a Group 2.1 (temporary resident) visa or entry permit within the meaning of the Migration (1993) Regulations before 1 September 1994.
840.212
The applicant has had an ownership interest in 1 or more qualifying businesses throughout any 2 periods of 1 fiscal year in the 4 fiscal years immediately preceding the making of the application.
840.213
(1) The applicant has overall had a successful business career.
(2) In any 2 periods of 1 fiscal year in the 4 fiscal years immediately preceding the making of the application:
(a) the net assets of:
(i) the applicant; or
(ii) the applicant and his or her spouse together;
in a qualifying business or qualifying businesses were not less than the equivalent of AUD300,000 in each of those years; and
(b) if a qualifying business referred to in paragraph (a) was operated as a publicly listed company, the shareholding of:
(i) the applicant; or
(ii) the applicant and his or her spouse together;
was at least 10% of the total issued capital of the company.
840.214
In any 2 periods of 1 fiscal year in the 4 fiscal years immediately preceding the making of the application, the applicant, as the owner of an interest in a main business or main businesses, maintained direct and continuous involvement in management of that business or those businesses from day to day and in making decisions that affected the overall direction and performance of that business or those businesses.
840.215
If the applicant was engaged, in any 2 periods of 1 fiscal year in the 4 fiscal years immediately preceding the making of the application, in a business providing professional, technical or trade services, the applicant was directly engaged in the provision of the services, as distinct from the general direction of the operation of the business, for no more than half the time spent by the applicant from day to day in the conduct of the business.
840.216
The applicant has notified the appropriate regional authority of a State or Territory of:
(a) the applicant’s business history; and
(b) the applicant’s intention to develop a business in that State or Territory.
840.217
The applicant genuinely has a realistic commitment:
(a) to either:
(i) establish an eligible business in Australia; or
(ii) participate in an existing eligible business in Australia; and
(b) to maintain a substantial ownership interest in that business; and
(c) to maintain direct and continuous involvement in management of that business from day to day and in making decisions that affect the overall direction and performance of the business in a manner that benefits the Australian economy.
840.218
The applicant does not have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
840.219
The applicant has signed a declaration in a form approved by the Minister that the applicant acknowledges the Government’s requirements in relation to residence in Australia as the holder of a Subclass 840 visa.
840.22—Criteria to be satisfied at time of decision
840.221
The applicant continues to satisfy the criteria in clauses 840.211 to 840.218.
840.222
(1) The applicant’s score on the business skills points test is not less than the number of points that is specified for the purposes of this subclause by Gazette Notice.
(2) For the purposes of subclause (1):
(a) an applicant’s score on the business skills points test is the sum of the applicant’s scores under:
(i) Division 1.1 of Schedule 7; and
(ii) Parts 2, 3 and 4 of that Schedule; and
(b) an applicant’s score under a Subdivision or Part of Schedule 7 is the number of points specified in that Subdivision or Part in relation to the attribute described in the Subdivision or Part that relates to the applicant:
(i) in the case of an attribute specified in Part 3 of Schedule 7—at the time when the application is decided; and
(ii) in the case of any other attribute—at the time when the application is made;
and if there is more than 1 attribute of either of those kinds, the highest single number of points so specified; and
(c) in determining the score of an applicant under Part 4 of Schedule 7, only:
(i) assets in Australia; or
(ii) assets available for transfer, and capable of being transferred, to Australia within 2 years of grant of a business skills visa to the applicant;
are to be taken into account.
840.223
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
840.224
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 840 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 840 visa is a person who:
(a) satisfies public interest criteria 4001 to 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.
840.225
If either:
(a) the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
(b) a child who:
(i) is usually resident with the applicant; and
(ii) has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of the Subclass 840 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
840.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
840.31—Criteria to be satisfied at time of application
840.311
The applicant is a member of the family unit of a person who:
(a) has applied for a Business Skills (Residence) (Class BH) visa; and
(b) on the basis of the information provided in his or her application, appears to satisfy the criteria in subdivision 840.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person.
840.32—Criteria to be satisfied at time of decision
840.321
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person (in this clause called ‘the non-dependent holder’) who, having satisfied the primary criteria, is the holder of a Subclass 840 visa.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant is the spouse of the non-dependent holder; and
(b) the relationship between the non-dependent holder and the applicant has ceased; and
(c) 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 non-dependent holder;
(iii) a dependent child of the applicant or of the non-dependent holder;
has suffered domestic violence committed by the non-dependent holder.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of the spouse of the non-dependent holder; and
(b) the spouse meets the requirements of subclause (3); and
(c) the applicant has made a combined application with the non-dependent holder; and
(d) the spouse has been granted a Subclass 840 visa.
Note: For special provisions relating to domestic violence, see Division 1.5.
840.322
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
840.323
If the applicant is the dependent child of a person who is a holder of a Subclass 840 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
840.4—Circumstances applicable to grant
840.411
The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
840.5—When visa is in effect
840.511
Permanent visa permitting the holder to travel to, and enter, Australia for a period of 5 years from the date of grant.
840.6—Conditions
840.611
Nil.
840.7—Way of giving evidence
840.711
Visa label affixed to a valid passport.
Subclass 841—Senior executive
841.1—Interpretation
841.111
In this Part:
major business means a business (other than a government business enterprise) the annual turnover of which was not less than the equivalent of AUD50,000,000 in each of any 2 of the 4 fiscal years immediately preceding the making of the application.
Note: appropriate regional authority, AUD, eligible business, fiscal year and ownership interest are defined in regulation 1.03.
841.2—Primary criteria
Note The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
841.21—Criteria to be satisfied at time of application
841.211
(1) The applicant:
(a) is in Australia; and
(b) holds:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Medical Practitioner (Temporary) (Class UE);
(F) Retirement (Temporary) (Class TQ);
(G) Supported Dependent (Temporary) (Class TW);
(H) Working Holiday (Temporary) (Class TZ); or
(ii) a Subclass 457 (Business (Long Stay)) visa; or
(iii) a transitional (temporary) visa that the applicant is taken to hold because he or she held, or applied for, a Group 2.1 (temporary resident) visa or entry permit within the meaning of the Migration (1993) Regulations before 1 September 1994.
841.212
The applicant has overall had a successful business career.
841.213
In any 2 of the 4 years immediately preceding the making of the application, the applicant:
(a) occupied a position in the 3 highest levels of the management structure of a major business; and
(b) was responsible for strategic policy development affecting a major component or a wide range of operations of that major business.
841.214
The applicant has notified the appropriate regional authority of a State or Territory of:
(a) the applicant’s business history; and
(b) the applicant’s intention to develop a business in that State or Territory.
841.215
The applicant genuinely has a realistic commitment:
(a) to either:
(i) establish an eligible business in Australia; or
(ii) participate in an existing eligible business in Australia; and
(b) to maintain a substantial ownership interest in that business; and
(c) to maintain direct and continuous involvement in management of that business from day to day and in making decisions that affect the overall direction and performance of the business in a manner that benefits the Australian economy.
841.216
The applicant does not have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
841.217
The applicant has signed a declaration in a form approved by the Minister, that the applicant acknowledges the Government’s requirements in relation to residence in Australia as the holder of a Subclass 841 visa.
841.22—Criteria to be satisfied at time of decision
841.221
The applicant continues to satisfy the criteria specified in clauses 841.211 to 841.216.
841.222
(1) The applicant’s score on the business skills points test is not less than the number of points that is specified for the purposes of this subclause by Gazette Notice.
(2) For the purposes of subclause (1):
(a) an applicant’s score on the business skills points test is the sum of the applicant’s scores under:
(i) Division 1.2 of Schedule 7; and
(ii) Parts 2, 3 and 4 of that Schedule; and
(b) an applicant’s score under a Division or Part of Schedule 7 is the number of points specified in that Division or Part in relation to the attribute described in the Division or Part that relates to the applicant:
(i) in the case of an attribute specified in Part 3 of Schedule 7—at the time when the application is decided; and
(ii) in the case of any other attribute—at the time when the application is made;
and if there is more than 1 attribute of that kind, the highest single number of points so specified; and
(c) in determining the score of an applicant under Part 4 of Schedule 7, only:
(i) assets in Australia; or
(ii) assets available for transfer, and capable of being transferred, to Australia within 2 years of grant of a business skills visa to the applicant;
are to be taken into account.
841.223
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
841.224
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 841 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 841 visa is a person who:
(a) satisfies public interest criteria 4001 to 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.
841.225
If either:
(a) the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
(b) a child who:
(i) is usually resident with the applicant; and
(ii) has not turned 18;
made a combined application with the applicant; and
the Minister is satisfied that the grant of a Subclass 841 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
841.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
841.31—Criteria to be satisfied at time of application
841.311
The applicant is a member of the family unit of a person who:
(a) has applied for a Business Skills (Residence) (Class BH) visa; and
(b) on the basis of the information provided in his or her application, appears to satisfy the criteria in subdivision 841.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person.
841.32—Criteria to be satisfied at time of decision
841.321
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person (in this clause called the non-dependent holder) who, having satisfied the primary criteria, is the holder of a Subclass 841 visa.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant is the spouse of the non-dependent holder; and
(b) the relationship between the non-dependent holder and the applicant has ceased; and
(c) 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 non-dependent holder;
(iii) a dependent child of the applicant or of the non-dependent holder;
has suffered domestic violence committed by the non-dependent holder.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of the spouse of the non-dependent holder; and
(b) the spouse meets the requirements of subclause (3); and
(c) the applicant has made a combined application with the non-dependent holder; and
(d) the spouse has been granted a Subclass 841 visa.
Note: For special provisions relating to domestic violence, see Division 1.5.
841.322
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
841.323
If the applicant is the dependent child of a person who is a holder of a Subclass 841 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
841.4—Circumstances applicable to grant
841.411
The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
841.5—When visa is in effect
841.511
Permanent visa permitting the holder to travel to, and enter, Australia for a period of 5 years from the date of grant.
841.6—Conditions
841.611
Nil.
841.7—Way of giving evidence
841.711
Visa label affixed to a valid passport.
Subclass 842—State/Territory sponsored business owner
842.1—Interpretation
Note: appropriate regional authority, AUD, fiscal year, ownership interest and qualifying businessare defined in regulation 1.03; main business is defined in regulation 1.11; and eligible business is defined in s. 134 (10) of the Act. There are no interpretation provisions specific to this Part.]
842.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
842.21 Criteria to be satisfied at time of application
842.211
(1) The applicant:
(a) is in Australia; and
(b) holds:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Medical Practitioner (Temporary) (Class UE);
(F) Retirement (Temporary) (Class TQ);
(G) Supported Dependent (Temporary) (Class TW);
(H) Working Holiday (Temporary) (Class TZ); or
(ii) a Subclass 457 (Business (Long Stay)) visa; or
(iii) a transitional (temporary) visa that the applicant is taken to hold because he or she held, or applied for, a Group 2.1 (temporary resident) visa or entry permit within the meaning of the Migration (1993) Regulations before 1 September 1994.
842.212
The applicant has had an ownership interest in 1 or more qualifying businesses throughout any 2 periods of 1 fiscal year in the 4 fiscal years immediately preceding the making of the application.
842.213
(1) The applicant has overall had a successful business career.
(2) In any 2 periods of 1 fiscal year in the 4 fiscal years immediately preceding the making of the application:
(a) the net assets of:
(i) the applicant; or
(ii) the applicant and his or her spouse together;
in a qualifying business or qualifying businesses were not less than the equivalent of AUD200,000 in each of those years; and
(b) if a qualifying business referred to in paragraph (a) was operated as a publicly listed company, the shareholding of:
(i) the applicant; or
(ii) the applicant and his or her spouse together;
was at least 10% of the total issued capital of the company.
842.214
In any 2 periods of 1 fiscal year in the 4 fiscal years immediately preceding the making of the application, the applicant, as the owner of an interest in a main business or main businesses, maintained direct and continuous involvement in management of that business or those businesses from day to day and in making decisions that affected the overall direction and performance of that business or those businesses.
842.215
If the applicant was engaged, in any 2 periods of 1 fiscal year in the 4 fiscal years immediately preceding the making of the application, in a business providing professional, technical or trade services, the applicant was directly engaged in the provision of the services, as distinct from the general direction of the operation of the business, for no more than half the time spent by the applicant from day to day in the conduct of the business.
842.216
(1) The applicant has notified the appropriate regional authority of a State or Territory of:
(a) the applicant’s business history; and
(b) the applicant’s intention to develop a business in that State or Territory.
(2) The applicant submits a notification on approved form 950 from that appropriate regional authority that the authority will consider sponsoring the applicant.
(3) The notification must:
(a) be signed by an officer of the appropriate regional authority who is authorised to sign a notification of that kind; and
(b) bear the seal of the authority.
842.217
The applicant genuinely has a realistic commitment:
(a) to either:
(i) establish an eligible business in Australia; or
(ii) participate in an existing eligible business in Australia; and
(b) to maintain a substantial ownership interest in that business; and
(c) to maintain direct and continuous involvement in management of that business from day to day and in making decisions that affect the overall direction and performance of the business in a manner that benefits the Australian economy.
842.218
The applicant does not have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
842.219
The applicant has signed a declaration in a form approved by the Minister that the applicant acknowledges the Government’s requirements in relation to residence in Australia as the holder of a Subclass 842 visa.
842.22—Criteria to be satisfied at time of decision
842.221
The applicant continues to satisfy the criteria specified in clauses 842.211 to 842.218.
842.222
(1) The applicant’s score on the business skills points test is not less than the number of points that is specified for the purposes of this clause by Gazette Notice.
(2) For the purposes of subclause (1):
(a) an applicant’s score on the business skills points test is the sum of the applicant’s scores under:
(i) Division 1.1 of Schedule 7; and
(ii) Parts 2, 3, 4 and 5 of that Schedule; and
(b) an applicant’s score under a Division or Part of Schedule 7 is the number of points specified in that Division or Part in relation to the attribute described in the Division or Part that relates to the applicant:
(i) in the case of an attribute specified in Part 3 or Part 5 of Schedule 7—at the time when the application is decided; and
(ii) in the case of any other attribute—at the time when the application is made;
and if there is more than 1 attribute of either of those kinds, the highest single number of points so specified; and
(c) in determining the score of an applicant under Part 4 of Schedule 7, only:
(i) assets in Australia; or
(ii) assets available for transfer, and capable of being transferred, to Australia within 2 years of grant of a business skills visa to the applicant;
are to be taken into account.
842.223
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005., 4009 and 4010
842.224
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 842 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 842 visa is a person who:
(a) satisfies public interest criteria 4001 to 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.
842.225
If either:
(a) the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
(b) a child who:
(i) is usually resident with the applicant; and
(ii) has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of the Subclass 842 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
842.226
(1) The applicant has been sponsored (on approved form 949) by an appropriate regional authority.
(2) The sponsorship must:
(a) be given by the same authority as the notification referred to in subclause 842.216 (2); and
(b) be signed by an officer of the authority who is authorised to sign a sponsorship of that kind; and
(c) bear the seal of the authority; and
(d) be given to the Minister within 90 days after the Minister asks for it; and
(e) be the first sponsorship of that kind given by the applicant to the Minister.
842.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
842.31—Criteria to be satisfied at time of application
842.311
The applicant is a member of the family unit of a person who:
(a) has applied for a Business Skills (Residence) (Class BH) visa; and
(b) on the basis of the information provided in his or her application, appears to satisfy the criteria in subdivision 842.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person.
842.32—Criteria to be satisfied at time of decision
842.321
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person (in this clause called ‘the non-dependent holder’) who, having satisfied the primary criteria, is the holder of a Subclass 842 visa.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant is the spouse of the non-dependent holder; and
(b) the relationship between the non-dependent holder and the applicant has ceased; and
(c) 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 non-dependent holder;
(iii) a dependent child of the applicant or of the non-dependent holder;
has suffered domestic violence committed by the non-dependent holder.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of the spouse of the non-dependent holder; and
(b) the spouse meets the requirements of subclause (3); and
(c) the applicant has made a combined application with the non-dependent holder; and
(d) the spouse has been granted a Subclass 842 visa.
Note: For special provisions relating to domestic violence, see Division 1.5.
842.322
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
842.323
If the applicant is the dependent child of a person who is a holder of a Subclass 842 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
842.324
The sponsorship referred to in 842.226 is approved by the Minister and is still in force.
842.4—Circumstances applicable to grant
842.411
The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
842.5—When visa is in effect
842.511
Permanent visa permitting the holder to travel to, and enter, Australia for a period of 5 years from the date of grant.
842.6—Conditions
842.611
Nil.
842.7—Way of giving evidence
842.711
Visa label affixed to a valid passport.
Subclass 843—State/Territory sponsored senior executive
843.1—Interpretation
843.111
In this Part:
major business means a business (other than a government business enterprise) the annual turnover of which was not less than the equivalent of AUD10,000,000 in each of any 2 of the 4 fiscal years immediately preceding the making of the application.
Note: appropriate regional authority, AUD, eligible business, fiscal year and ownership interest are defined in regulation 1.03.]
843.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
843.21—Criteria to be satisfied at time of application
843.211
(1) The applicant:
(a) is in Australia; and
(b) holds:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) Expatriate (Temporary) (Class TJ);
(E) Medical Practitioner (Temporary) (Class UE);
(F) a Retirement (Temporary) (Class TQ);
(G) a Supported Dependent (Temporary) (Class TW);
(H) Working Holiday (Temporary) (Class TZ); or
(ii) a Subclass 457 (Business (Long Stay)) visa; or
(iii) a transitional (temporary) visa that the applicant is taken to hold because he or she held, or applied for, a Group 2.1 (temporary resident) visa or entry permit within the meaning of the Migration (1993) Regulations before 1 September 1994.
843.212
The applicant has overall had a successful business career.
843.213
In any 2 of the 4 years immediately preceding the making of the application, the applicant:
(a) occupied a position in the 3 highest levels of the management structure of a major business; and
(b) was responsible for strategic policy development affecting a major component or a wide range of operations of that major business.
843.214
(1) The applicant has notified an appropriate regional authority of a State or Territory of:
(a) the applicant’s business history; and
(b) the applicant’s intention to develop a business in that State or Territory.
(2) The applicant submits a notification, on approved form 950, from that appropriate regional authority stating that the authority will consider sponsoring the applicant.
(3) The notification must:
(a) be signed by an officer of the authority who is authorised to sign a notification of that kind; and
(b) bear the seal of the authority.
843.215
The applicant genuinely has a realistic commitment:
(a) to either:
(i) establish an eligible business in Australia; or
(ii) participate in an existing eligible business in Australia; and
(b) to maintain a substantial ownership interest in that business; and
(c) to maintain direct and continuous involvement in management of that business from day to day and in making decisions that affect the overall direction and performance of the business in a manner that benefits the Australian economy.
843.216
The applicant does not have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
843.217
The applicant has signed a declaration in a form approved by the Minister that the applicant acknowledges the Government’s requirements in relation to residence in Australia as the holder of a Subclass 843 visa.
843.22—Criteria to be satisfied at time of decision
843.221
The applicant continues to satisfy the criteria specified in clauses 843.211 to 843.216.
843.222
(1) The applicant’s score on the business skills points test is not less than the number of points that is specified for the purposes of this subclause by Gazette Notice.
(2) For the purposes of subclause (1):
(a) an applicant’s score on the business skills points test is the sum of the applicant’s scores under:
(i) Division 1.2 of Schedule 7; and
(ii) Parts 2, 3 and 4 of that Schedule; and
(b) an applicant’s score under a Division or Part of Schedule 7 is the number of points specified in that Division or Part in relation to the attribute described in the Division or Part that relates to the applicant:
(i) in the case of an attribute specified in Part 3 of Schedule 7—at the time when the application is decided; and
(ii) in the case of any other attribute—at the time when the application is made;
and if there is more than 1 attribute of either of those kinds, the highest single number of points so specified; and
(c) in determining the score of an applicant under Part 4 of Schedule 7, only:
(i) assets in Australia; or
(ii) assets available for transfer, and capable of being transferred, to Australia within 2 years of grant of a business skills visa to the applicant;
are to be taken into account.
843.223
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
843.224
(1) Each member of the family unit of the applicant who is also an applicant for a Subclass 843 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 843 visa is a person who:
(a) satisfies public interest criteria 4001 to 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.
843.225
If either:
(a) the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
(b) a child who:
(i) is usually resident with the applicant; and
(ii) has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of the Subclass 843 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
843.226
(1) The applicant has been sponsored (on approved form 949) by an appropriate regional authority.
(2) The sponsorship must:
(a) be given by the same authority as the notification referred to in subclause 843.214 (2); and
(b) be signed by an officer of the authority who is authorised to sign a sponsorship of that kind; and
(c) bear the seal of the authority; and
(d) be given to the Minister within 90 days after the Minister asks for it; and
(e) be the first sponsorship of that kind given by the applicant to the Minister.
843.3 Secondary Criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
843.31—Criteria to be satisfied at time of application
843.311
The applicant is a member of the family unit of a person who:
(a) has applied for a Business Skills (Residence) (Class BH) visa; and
(b) on the basis of the information provided in his or her application, appears to satisfy the criteria in subdivision 843.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person.
843.32—Criteria to be satisfied at time of decision
843.321
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person (in this clause called ‘the non-dependent holder’) who, having satisfied the primary criteria, is the holder of a Subclass 843 visa.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant is the spouse of the non-dependent holder; and
(b) the relationship between the non-dependent holder and the applicant has ceased; and
(c) 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 non-dependent holder;
(iii) a dependent child of the applicant or of the non-dependent holder;
has suffered domestic violence committed by the non-dependent holder.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of the spouse of the non-dependent holder; and
(b) the spouse meets the requirements of subclause (3); and
(c) the applicant has made a combined application with the non-dependent holder; and
(d) the spouse has been granted a Subclass 843 visa.
Note: For special provisions relating to domestic violence, see Division 1.5.
843.322
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
843.323
If the applicant is the dependent child of a person who is a holder of a Subclass 843 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
843.324
The sponsorship referred to in 843.226 is approved by the Minister and is still in force.
843.4—Circumstances applicable to grant
843.411
The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
843.5—When visa is in effect
843.511
Permanent visa permitting the holder to travel to, and enter, Australia for a period of 5 years from the date of grant.
843.6—Conditions
843.611
Nil.
843.7—Way of giving evidence
843.711
Visa label affixed to a valid passport.
Subclass 844—Investment-linked
844.1—Interpretation
844.111
In this Part:
designated investment means an investment in a security specified by the Minister under regulation 5.19A for the purposes of this Part;
eligible investment in relation to a person means:
(a) an ownership interest in a business; or
(b) a loan to a business; or
(c) cash on deposit; or
(d) stocks and bonds; or
(e) real estate; or
(f) gold or silver bullion;
that is owned by the person for the purposes of producing a return by way of income or capital gain and is not held for personal use.
Note: AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03.]
844.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
844.21—Criteria to be satisfied at time of application
844.211
The Minister is satisfied that the applicant has demonstrated a high level of management skill in relation to the eligible investment or qualifying business activity.
844.212
The applicant:
(a) is in Australia; and
(b) holds:
(i) a visa of one of the following classes:
(A) Business (Temporary) (Class TB);
(B) Cultural/Social (Temporary) (Class TE);
(C) Educational (Temporary) (Class TH);
(D) an Expatriate (Temporary) (Class TJ);
(E) a Medical Practitioner (Temporary) (Class UE);
(F) a Retirement (Temporary) (Class TQ);
(G) a Supported Dependent (Temporary) (Class TW);
(H) a Working Holiday (Temporary) (Class TZ); or
(ii) a Subclass 457 (Business (Long Stay)) visa; or
(iii) a transitional (temporary) visa that the applicant is taken to hold because he or she held, or applied for, a Group 2.1 (temporary resident) visa or entry permit within the meaning of the Migration (1993) Regulations before 1 September 1994.
844.213
The applicant has demonstrated overall a successful record of eligible investment or qualifying business activity.
844.214
(1) The applicant has had a total of at least 3 years experience of direct involvement in managing 1 or more qualifying businesses or eligible investments.
(2) Throughout at least 1 of the 5 fiscal years immediately preceding the making of the application:
(a) the applicant maintained direct involvement in managing a qualifying business in which:
(i) the applicant; or
(ii) the applicant and his or her spouse together;
had an ownership interest of at least 10% of the total value of the business; or
(b) the applicant maintained direct involvement in managing eligible investments of:
(i) the applicant; or
(ii) the applicant and his or her spouse together;
the total net value of which was at least AUD1,000,000.
(3) The total net value of the assets owned by:
(a) the applicant; or
(b) the applicant and his or her spouse together;
throughout the 2 fiscal years immediately preceding the making of the application was at least 50% more than the value of the funds to be deposited in the designated investment in the name of the applicant, or in the names of the applicant and members of his or her family unit, as the case requires.
844.215
Neither the applicant nor his or her spouse (if any) has a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia.
844.216
The applicant demonstrates that he or she genuinely has a realistic commitment to continue to maintain a business or investment activity in Australia after the designated investment made by the applicant, or the applicant and his or her family unit, has matured.
844.217
The applicant has signed a declaration in a form approved by the Minister that the applicant acknowledges the Government’s requirements in relation to residence in Australia as the holder of a Subclass 844 visa.
844.22—Criteria to be satisfied at time of decision
844.221
The applicant continues to satisfy the criteria specified in clauses 844.211 to 844.216.
844.222
(1) The applicant provides evidence that he or she has made a designated investment of an amount of AUD750,000, AUD1,000,000, AUD1,500,000 or AUD2,000,000.
(2) The Minister is satisfied, based on the evidence provided by the applicant, that the funds invested were:
(a) legally owned by:
(i) the applicant; or
(ii) the applicant and his or her spouse together; and
(b) unencumbered; and
(c) accumulated from the qualifying business or eligible investment activities of:
(i) the applicant; or
(ii) the applicant and his or her spouse together.
844.223
(1) The applicant’s score on the business skills points test is not less than the number of points that is specified for the purposes of this subclause by Gazette Notice.
(2) For the purposes of subclause (1):
(a) an applicant’s score on the business skills points test is the sum of the applicant’s scores under:
(i) Division 1.3 of Schedule 7; and
(ii) Parts 2 and 3 of that Schedule; and
(b) an applicant’s score under a Subdivision or Part of Schedule 7 is the number of points specified in that Subdivision or Part in relation to the attribute described in the Subdivision or Part that relates to the applicant:
(i) in the case of an attribute specified in Part 1 or Part 3 of Schedule 7—at the time when the application is decided; and
(ii) in the case of an attribute specified in Part 2—at the time when the application is made;
and if there is more than 1 attribute of either of those kinds, the highest single number of points so specified.
844.224
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
844.225
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 844 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 844 visa is a person who:
(a) satisfies public interest criteria 4001 to 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.
844.226
If either:
(a) the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
(b) a child who:
(i) is usually resident with the applicant; and
(ii) has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of the Subclass 844 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
844.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
844.31 Criteria to be satisfied at time of application
844.311
The applicant is a member of the family unit of a person who:
(a) has applied for a Business Skills (Residence) (Class BH) visa; and
(b) on the basis of the information provided in his or her application, appears to satisfy the criteria in subdivision 844.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person.
844.32—Criteria to be satisfied at time of decision
844.321
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person (in this clause called the non-dependent holder) who, having satisfied the primary criteria, is the holder of a Subclass 844 visa.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant is the spouse of the non-dependent holder; and
(b) the relationship between the non-dependent holder and the applicant has ceased; and
(c) 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 non-dependent holder;
(iii) a dependent child of the applicant or of the non-dependent holder;
has suffered domestic violence committed by the non-dependent holder.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of the spouse of the non-dependent holder; and
(b) the spouse meets the requirements of subclause (3); and
(c) the applicant has made a combined application with the non-dependent holder; and
(d) the spouse has been granted a Subclass 844 visa.
Note: For special provisions relating to domestic violence, see Division 1.5.
844.322
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
844.323
If the applicant is the dependent child of a person who is a holder of a Subclass 844 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
844.4—Circumstances applicable to grant
844.411
The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
844.5—When visa is in effect
844.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
844.6—Conditions
844.611
Nil.
844.7—Way of giving evidence
844.711
Visa label affixed to a valid passport.
Subclass 845—Established business in Australia
845.1—Interpretation
Note: AUD, ownership interest and qualifying business are defined in regulation 1.03; and main business is defined in regulation 1.11. There are no interpretation provisions specific to this Part.
845.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
845.21—Criteria to be satisfied at time of application
845.211
The applicant holds a temporary substantive visa other than any of the following visas:
(a) a special purpose visa;
(b) a Border (Temporary) (Class TA) visa;
(c) a Diplomatic (Temporary) (Class TF) visa;
(d) a Domestic Worker (Temporary) (Class TG) visa;
(e) a Transit (Temporary) (Class TX) visa;
(f) a transitional (temporary) visa that the applicant is taken to hold because he or she held, or applied for, a visa referred to in paragraph (a), (b), (c), (d) or (e) before 1 September 1994.
845.212
The applicant has been in Australia as the holder of the temporary substantive visa for at least 9 months during the period of 12 months immediately preceding the making of the application.
845.213
The applicant:
(a) has had an ownership interest in 1 or more established main businesses in Australia for the period of 18 months immediately preceding the making of the application; and
(b) continues to have an interest of that kind.
845.214
The total value of the net assets in Australia of the applicant, or the applicant and the applicant’s spouse together:
(a) is; and
(b) has been throughout the period of 12 months immediately preceding the making of the application;
at least AUD250,000.
845.215
The total value of the net assets owned by the applicant, or by the applicant and the applicant’s spouse together, in the main business or main businesses in Australia:
(a) is; and
(b) has been throughout the period of 12 months immediately preceding the making of the application;
at least AUD100,000.
845.216
In the 12 months immediately preceding the making of the application, the applicant, as the owner of an interest in a main business or main businesses in Australia, maintained direct and continuous involvement in the management of that business or those businesses from day to day and in making decisions that affected the overall direction and performance of that business or those businesses.
845.217
The applicant has overall had a successful business career.
845.218
Neither the applicant nor his or her spouse (if any) has a history of involvement in business or investment activities of a nature that is not generally acceptable in Australia.
845.219
The applicant has signed a declaration in a form approved by the Minister that the applicant acknowledges the Government’s requirements in relation to residence in Australia as the holder of a Subclass 845 visa.
845.22—Criteria to be satisfied at time of decision
845.221
The applicant continues to satisfy clauses 845.213 to 845.218.
845.222
(1) The applicant’s score on the business skills points test is not less than the number of points that is specified for the purposes of this subclause by Gazette Notice.
(2) For the purposes of sub-clause (1):
(a) an applicant’s score on the business skills points test is the sum of the applicant’s scores under:
(i) Division 1.4 of Schedule 7; and
(ii) Parts 2, 3 and 4 of that Schedule; and
(b) an applicant’s score under a Subdivision or Part of Schedule 7 is the number of points specified in that Subdivision or Part in relation to the attribute described in the Subdivision or Part that relates to the applicant:
(i) in the case of an attribute specified in Division 1.3 of Schedule 7—at the time when the application is decided; and
(ii) in the case of any other attribute—at the time when the application is made;
and if there is more than 1 attribute of either of those kinds, the highest single number of points so specified; and
(c) in determining the score of an applicant under Part 4 of Schedule 7, only:
(i) assets in Australia; or
(ii) assets available for transfer, and capable of being transferred, to Australia within 2 years of grant of a business skills visa to the applicant;
are to be taken into account.
845.223
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
845.224
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 845 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 845 visa is a person who:
(a) satisfies public interest criteria 4001 to 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.
845.225
If either:
(a) the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
(b) a child who:
(i) is usually resident with the applicant; and
(ii) has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of the Subclass 845 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
845.3—Secondary criteria
Note: The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
845.31—Criteria to be satisfied at time of application
845.311
The applicant is a member of the family unit of a person who:
(a) has applied for a Business Skills (Residence) (Class BH) visa; and
(b) on the basis of the information provided in his or her application, appears to satisfy the criteria in subdivision 845.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person.
845.32—Criteria to be satisfied at time of decision
845.321
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person (in this clause called the non-dependent holder) who, having satisfied the primary criteria, is the holder of a Subclass 845 visa.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant is the spouse of the non-dependent holder; and
(b) the relationship between the non-dependent holder and the applicant has ceased; and
(c) 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 non-dependent holder;
(iii) a dependent child of the applicant or of the non-dependent holder;
has suffered domestic violence committed by the non-dependent holder.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of the spouse of the non-dependent holder; and
(b) the spouse meets the requirements of subclause (3); and
(c) the applicant has made a combined application with the non-dependent holder; and
(d) the spouse has been granted a Subclass 845 visa.
Note: For special provisions relating to domestic violence, see Division 1.5.
845.322
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010
.
845.323
If the applicant is the dependent child of a person who is a holder of a Subclass 845 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
845.4—Circumstances applicable to grant
845.411
The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
845.5—When visa is in effect
845.511
Permanent visa permitting the holder to travel to, and enter, Australia for a period of 5 years from the date of grant.
845.6—Conditions
845.611
Nil.
845.7—Way of giving evidence
845.711
Visa label affixed to a passport.
Subclass 866—Protection (Residence)
866.1—Interpretation
866.111
In this Part:
Refugees Convention means the 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol relating to the Status of Refugees.
866.112
For the purposes of this Part, a person (‘A’) is a member of the same family unit as another person (‘B’) if:
(a) A is a member of B’s family unit; or
(b) B is a member of A’s family unit; or
(c) A and B are members of the family unit of a third person.
866.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
866.21—Criteria to be satisfied at time of application
866.211
The applicant claims to be a person to whom Australia has protection obligations under the Refugees Convention and:
(a) makes specific claims under the Refugees Convention; or
(b) claims to be a member of the same family unit as a person who:
(i) has made specific claims under the Refugees Convention; and
(ii) is an applicant for a Protection (Class AZ) visa.
866.22—Criteria to be satisfied at time of decision
866.221
The Minister is satisfied that the applicant is a person to whom Australia has protection obligations under the Refugees Convention.
866.222
In the case of an applicant referred to in paragraph 866.211 (b):
(a) the Minister is satisfied that the applicant is a member of the same family unit as a person who has made specific claims under the Refugees Convention (a ‘claimant’); and
(b) that claimant has been granted a Protection (Residence) visa.
866.223
The applicant has undergone a medical examination carried out by a Commonwealth medical officer.
866.224
The applicant:
(a) has undergone a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or
(b) is under 16 years of age and is not a person in respect of whom a Commonwealth medical officer has requested such an examination.
866.225
The applicant satisfies public interest criteria 4001 to 4003.
866.226
The Minister is satisfied that the grant of the visa is in the national interest.
866.3—Secondary criteria
Note: All applicants must satisfy the primary criteria.
866.4—Circumstances applicable to grant
866.411
The applicant must be in Australia.
866.5—When visa is in effect
866.511
Permanent visa permitting the holder to travel and enter Australia for a period of 5 years from the date of grant.
866.6—Conditions: Nil.
866.7—Way of giving evidence
866.711
Visa label affixed to a Convention travel document or passport.
Subclass 956—Electronic Travel Authority (Business Entrant—Long Validity)
956.1—Interpretation
Note: No interpretation provisions specific to this Part.
956.2—Primary criteria
956.21—[No criteria to be satisfied at time of application]
956.22—Criteria to be satisfied at time of decision
956.221
The applicant holds a valid passport which indicates that he or she is a national of a country specified by Gazette Notice for the purposes of paragraph 1208A (3) (c) in Schedule 1.
956.222
The applicant states an intention only to visit Australia temporarily for business purposes.
956.223
The applicant satisfies public interest criteria 4002, 4003, 4004, 4005, 4013 and 4014.
956.224
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
956.3—Secondary criteria
956.31—[No criteria to be satisfied at time of application]
956.32—Criteria to be satisfied at time of decision
956.321
The applicant is included in the passport of a person who satisfies the primary criteria.
956.322
The applicant states an intention only to visit Australia temporarily.
956.323
The applicant satisfies public interest criteria 4002, 4003, 4004, 4005, 4013 and 4014.
956.324
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
956.4—Circumstances applicable to grant
956.411
The applicant must be outside Australia when the visa is granted.
956.5—When visa is in effect
956.511
Temporary visa permitting the holder:
(a) to travel to, and enter, Australia on multiple occasions for the life of the holder’s passport; and
(b) on each occasion, to remain in Australia for a period not exceeding 3 months from the date of entry into Australia.
956.6—Conditions
956.611
Conditions 8112, 8201, 8205, 8527 and 8528 must be imposed.
956.7—Way of giving evidence
956.711
No evidence need be given.
Subclass 976—Electronic Travel Authority (visitor)
976.1—Interpretation
Note: There are no interpretation provisions specific to this Part.
976.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
976.21—[No criteria to be satisfied at time of application]
976.22—Criteria to be satisfied at time of decision
976.221
The applicant holds a valid passport which indicates that he or she is a national of a country specified by Gazette Notice for the purposes of paragraph 1208A (3) (c) in Schedule 1.
976.222
The applicant states an intention only to visit Australia temporarily for tourism purposes.
976.223
The applicant satisfies public interest criteria 4002, 4003, 4004, 4005, 4013 and 4014.
976.224
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
976.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
976.4—Circumstances applicable to grant
976.411
The applicant must be outside Australia when the visa is granted.
976.5—When visa is in effect
976.511
Temporary visa permitting the holder:
(a) to travel to, and enter, Australia on multiple occasions within 12 months from the date of the grant of the visa, or within the life of the holder’s passport, whichever is the shorter; and
(b) on each occasion, to remain in Australia for a period not exceeding 3 months from the date of entry into Australia.
976.6—Conditions
976.611
Conditions 8101, 8201, 8205, 8527 and 8528 must be imposed.
976.7—Way of giving evidence
976.711
No evidence need be given.
Subclass 977—Electronic Travel Authority (Business Entrant—Short Validity)
977.1—Interpretation
Note: No interpretation provisions specific to this Part.
977.2—Primary criteria
977.21—[No criteria to be satisfied at time of application]
977.22—Criteria to be satisfied at time of decision
977.221
The applicant holds a valid passport which indicates that he or she is a national of a country specified by Gazette Notice for the purposes of paragraph 1208A (3) (d) in Schedule 1.
977.222
The applicant states an intention only to visit Australia temporarily for business purposes.
977.223
The applicant satisfies public interest criteria 4002, 4003, 4004, 4005, 4013 and 4014.
977.224
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
977.3—Secondary criteria
977.31—[No criteria to be satisfied at time of application]
977.32—Criteria to be satisfied at time of decision
977.321
The applicant is included in the passport of a person who satisfies the primary criteria.
977.322
The applicant states an intention only to visit Australia temporarily.
977.323
The applicant satisfies public interest criteria 4002, 4003, 4004, 4005, 4013 and 4014.
977.324
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
977.4—Circumstances applicable to grant
977.411
The applicant must be outside Australia when the visa is granted.
977.5—When visa is in effect
977.511
Temporary visa permitting the holder:
(a) to travel to, and enter, Australia on one or more occasions, as specified by the Minister, within 12 months from the date of the grant of the visa, or within the life of the holder’s passport, whichever is the shorter; and
(b) on each occasion, to remain in Australia for a period not exceeding 3 months from the date of entry into Australia.
977.6—Conditions
977.611
Conditions 8112, 8201, 8205 and 8527 and 8528 must be imposed.
977.7—Way of giving evidence
977.711
No evidence need be given.
Subclass 995—Diplomatic (Temporary)
995.1—Interpretation
Note: No interpretation provisions specific to this Part.
995.2—Primary criteria
Note: All applicants must satisfy the primary criteria
995.21—[No criteria to be satisfied at time of application]
995.22—Criteria to be satisfied at time of decision.
995.221
The Foreign Minister has recommended in writing to the Minister that the visa be granted to the applicant.
995.3—Secondary criteria: Nil.
Note: All applicants must meet the primary criteria.
995.4—Circumstances applicable to grant
995.411
Applicant may be in the migration zone or outside Australia.
995.5—When visa is in effect
995.511
Temporary visa permitting the holder:
(a) to travel to and enter Australia until a date specified by the Minister for the purpose; and
(b) to remain in Australia for the duration of the holder’s status as a diplomatic or consular representative in Australia of a country other than Australia..
995.6—Conditions
995.611
Nil.
995.7—Way of giving evidence
995.711
Visa label affixed to valid passport.
