Schedule 2—Provisions with respect to the grant of Subclasses of visas
Subclass 010—Bridging A
010.1—Interpretation
Note: Compelling need to work and criminal detention are defined in regulation 1.03. For eligible non‑citizen see regulation 2.20. Tribunal is defined in subsection 5(1) of the Act. There are no interpretation provisions specific to this Part.
010.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
010.21—Criteria to be satisfied at the time of application
010.211
(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 has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and
(b) that application has not been finally determined; and
(c) he or she held a substantive visa at the time that application was made; and
(d) either:
(i) he or she has applied for a bridging visa in respect of that application; or
(ii) a bridging visa can be granted in respect of that application under regulation 2.21B.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant:
(i) has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and
(ii) held a substantive visa when he or she made the application; and
(aa) that application was refused; and
(b) either:
(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application; or
(ii) the applicant:
(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and
(B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and
(c) at the time of that application, he or she held a Bridging A (Class WA) or Bridging B (Class WB) visa; and
(d) the judicial review proceedings (including proceedings on appeal, if any) are not completed.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant:
(i) holds a Bridging A (Class WA) or Bridging B (Class WB) visa that:
(A) was granted as a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted if the applicant was in Australia; and
(B) is subject to conditions 8101, 8102, 8103, 8104, 8105, 8107, 8108, 8111, 8112, 8115, 8547, 8607 or 8608; and
(ii) held a substantive visa when he or she made the substantive visa application; and
(b) he or she has not applied for a protection visa; and
(c) the Minister is satisfied that the applicant has a compelling need to work.
(5) An applicant meets the requirements of this subclause if:
(a) the applicant has made a valid application for:
(iii) a Partner (Migrant) (Class BC) visa; or
(iv) an Aged Parent (Residence) (Class BP) visa; or
(v) a Contributory Aged Parent (Residence) (Class DG) visa; or
(vi) a Contributory Aged Parent (Temporary) (Class UU) visa; and
(b) the application has not been finally determined; and
(c) the applicant has applied for a bridging visa in respect of that application; and
(d) the applicant holds, or has previously held, a Bridging A (Class WA) visa granted under regulation 2.21A in respect of the visa referred to in paragraph (a).
(6) An applicant meets the requirements of this subclause if:
(a) the applicant has made a valid application for:
(iii) a Partner (Migrant) (Class BC) visa; or
(iv) an Aged Parent (Residence) (Class BP) visa; or
(v) a Contributory Aged Parent (Residence) (Class DG) visa; or
(vi) a Contributory Aged Parent (Temporary) (Class UU) visa; and
(b) that application was refused; and
(c) either:
(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application as the holder of a Bridging A (Class WA) or Bridging B (Class WB) visa; or
(ii) the applicant:
(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and
(B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and
(d) the judicial review proceedings (including proceedings on appeal, if any) are not completed; and
(e) the applicant holds, or has previously held, a Bridging A (Class WA) visa granted under regulation 2.21A in respect of the visa referred to in paragraph (a).
010.22—Criteria to be satisfied at the time of decision
010.221
The applicant continues to satisfy the criterion set out in clause 010.211.
010.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
010.4—Circumstances applicable to grant
010.411
The applicant must be in Australia, but not in immigration clearance.
Note 1: The applicant must be an eligible non‑citizen at the time of grant: see Act, s 73.
Note 2: The Minister must grant a Bridging A (Class WA) visa in the circumstances set out in regulation 2.21A.
010.5—When visa is in effect
010.511
(1) In the case of a visa granted to a non‑citizen who has applied for a substantive visa—bridging visa:
(a) coming into effect:
(i) on grant; or
(ii) when the substantive visa (if any) held by the holder ceases; and
(b) permitting the holder to remain in Australia until:
(i) if the Minister’s decision in respect of the substantive visa application is to grant a visa—the grant of the visa; or
(ii) if the Minister’s decision in respect of that application is to refuse to grant a visa—35 days after the Minister makes the decision; or
(iia) if the substantive visa application is refused and the Tribunal decides that the holder’s application for merits review of that refusal was not made in accordance with the law governing the making of applications to the Tribunal—35 days after the Tribunal makes the decision; or
(iii) if the substantive visa application is refused and the Tribunal makes a decision on the holder’s application for merits review of that refusal (other than a decision to remit the application to the Minister for reconsideration)—35 days after the Tribunal makes the decision; or
(iv) the grant of another bridging visa to the holder in respect of the same substantive visa application; or
(v) if the holder withdraws his or her application for a substantive visa or an application to the Tribunal—35 days after that withdrawal; or
(vi) if the substantive visa (if any) held by the holder is cancelled—that cancellation; or
(vii) if the Minister decides that the substantive visa application is invalid—35 days after the Minister makes the decision; or
(viii) if the Tribunal remits the substantive visa application to the Minister for reconsideration—the day worked out in accordance with whichever subparagraph of this paragraph applies in relation to the reconsideration.
(2) For the purposes of subparagraphs (1)(b)(ii), (iia), (iii) and (vii), the 35 day period begins to run:
(a) despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the subparagraph; and
(b) irrespective of the validity of the decision.
010.513
In the case of a visa granted to a non‑citizen on the basis of judicial review of a decision—bridging visa:
(a) coming into effect:
(i) on grant; or
(ii) when the substantive visa (if any) held by the holder ceases; and
(b) permitting the holder to remain in Australia until:
(i) subject to paragraph (c), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or
(ii) the grant of another bridging visa to the holder in respect of the same application for judicial review; or
(iii) if the holder withdraws his or her application for judicial review—28 days after that withdrawal; or
(iv) if the substantive visa (if any) held by the holder is cancelled—that cancellation; and
(c) if a court remits a matter to which the judicial review proceedings relate to the Tribunal, or to the Minister, for reconsideration—permitting the holder to remain in Australia in accordance with the relevant provision of paragraph 010.511(1)(b).
010.514
In the case of a visa granted to a non‑citizen on the basis that the non‑citizen is a member of the family unit of a party to judicial review proceedings—bridging visa:
(a) coming into effect:
(i) on grant; or
(ii) when the substantive visa (if any) held by the holder ceases; and
(b) permitting the holder to remain in Australia until the expiry of the bridging visa held by the party to the judicial review proceedings.
010.6—Conditions
010.611
(1) In the case of a visa granted to a non‑citizen who:
(a) satisfies the criterion in subclause 010.211(4); or
(b) is an applicant for a protection visa who:
(i) is not a person described in subclause (2); or
(ii) satisfies the criterion in subclause 010.211(2); or
(c) is a person in a class of persons specified by the Minister by an instrument in writing for this paragraph;
Nil.
(2) In the case of a visa granted to a non‑citizen who:
(a) applies for a protection visa; and
(b) satisfies the criterion in subclause 010.211(3);
condition 8101, if that condition applied to the last visa held by the holder.
(3) In the case of a visa granted under regulation 2.21A to a person mentioned in subregulation 2.21A(1): Nil.
(3A) In the case of a visa granted to a non‑citizen who meets the requirements of subclause 010.211(2) or (3) on the basis of a valid application for a Skilled (Provisional) (Class VC) visa in relation to which the applicant met the requirements for subitem 1229(4) of Schedule 1: condition 8501.
(3B) In the case of a visa granted to a person who meets the requirements of subclause 010.211(2) or (3) on the basis of a valid application for:
(a) a Business Skills—Business Talent (Permanent) (Class EA) visa; or
(b) a Business Skills (Provisional) (Class EB) visa; or
(c) a Business Skills (Permanent) (Class EC) visa; or
(d) an Employer Nomination (Permanent) (Class EN) visa; or
(da) a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa; or
(db) a Skilled Work Regional (Provisional) (Class PS) visa; or
(e) a Regional Employer Nomination (Permanent) (Class RN) visa; or
(f) a Skilled—Independent (Permanent) (Class SI) visa; or
(g) a Skilled—Nominated (Permanent) (Class SN) visa; or
(h) a Skilled—Regional Sponsored (Provisional) (Class SP) visa; or
(i) a Skilled (Residence) (Class VB) visa;
nil.
(3C) In the case of a visa granted to a person who meets the requirements of subclause 010.211(2) or (3) on the basis of:
(a) making a valid application for a Subclass 457 (Temporary Work (Skilled)) visa; and
(b) holding a Subclass 457 visa (the first visa) at the time of making the application mentioned in paragraph (a);
8107 (if the first visa is subject to that condition) and 8501 (if the first visa is subject to that condition).
(3D) In the case of a visa granted to a person who meets the requirements of subclause 010.211(2) or (3) on the basis of:
(a) making a valid application for a Subclass 482 (Temporary Skill Shortage) visa; and
(b) holding a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa (the first visa) at the time of making the application mentioned in paragraph (a);
the following conditions:
(c) if the first visa was subject to condition 8107—condition 8107;
(d) if the first visa was subject to condition 8501—condition 8501;
(e) if the first visa was subject to condition 8607—condition 8607.
(3E) In the case of a visa granted to a person:
(a) who meets the requirements of subclause 010.211(2) or (3) on the basis of making a valid application for a Subclass 103 (Parent) visa or a Subclass 143 (Contributory Parent) visa; and
(b) who is seeking to meet the requirements of subclause 103.214(2), 103.313(2), 143.214(2) or 143.313(2);
the following conditions:
(c) condition 8104—but only if the condition applied to the most recent substantive visa held by the person;
(d) condition 8303—but only if the condition applied to the most recent substantive visa held by the person;
(e) condition 8501.
(4) In any other case: whichever of conditions 8101, 8102, 8103, 8104, 8105, 8107, 8108, 8111, 8112, 8114, 8115, 8539, 8547, 8549, 8607 and 8608 applies to:
(a) the visa held by the holder:
(i) at the time of application; or
(ii) if the bridging visa is granted under regulation 2.21A to a person mentioned in subregulation 2.21A(2) or (3), or under regulation 2.21B—at the time of grant; or
(b) if the visa mentioned in subparagraph (a)(i) has ceased, or no visa is held by the holder at the time of grant—the last Bridging A (Class WA) or Bridging B (Class WB) visa held by the holder.
Subclass 020—Bridging B
020.1—Interpretation
Note: Compelling need to work and criminal detention are defined in regulation 1.03. For eligible non‑citizen see regulation 2.20. Tribunal is defined in subsection 5(1) of the Act. There are no interpretation provisions specific to this Part.
020.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
020.21—Criteria to be satisfied at the time of application
020.211
The applicant is the holder of:
(a) a Bridging A (Class WA) visa; or
(b) a Bridging B (Class WB) visa.
020.212
(1) The applicant meets the requirements of subclause (2), (3), (4) or (5).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and
(b) that application has not been finally determined; and
(c) the applicant wishes to leave and re‑enter Australia during the processing of that application; and
(d) the Minister is satisfied that the applicant’s reasons for wishing to do so are substantial.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and
(b) that application was refused; and
(c) either:
(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application, and the judicial review proceedings (including proceedings on appeal, if any) have not been completed; or
(ii) the applicant:
(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and
(B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and
(d) the applicant wishes to leave and re‑enter Australia during the judicial proceedings; and
(e) the Minister is satisfied that the applicant’s reasons for wishing to do so are substantial.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant has made a valid application for a Partner (Migrant) (Class BC) visa; and
(b) the application has not been finally determined; and
(c) the applicant wishes to leave and re‑enter Australia during the processing of that application; and
(d) the Minister is satisfied that the applicant’s reasons for wishing to do so are substantial.
(5) An applicant meets the requirements of this subclause if:
(a) the applicant has made a valid application for a Partner (Migrant) (Class BC) visa; and
(b) that application was refused; and
(c) either:
(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application; or
(ii) the applicant:
(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and
(B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and
(d) the judicial review proceedings (including proceedings on appeal, if any) are not completed; and
(e) the applicant wishes to leave and re‑enter Australia during those proceedings; and
(f) the Minister is satisfied that the applicant’s reasons for wishing to do so are substantial.
020.213
The applicant’s return to Australia would not be contrary to the public interest.
020.22—Criteria to be satisfied at the time of decision
020.221
The applicant continues to satisfy the criteria set out in clauses 020.211 and 020.212.
020.223
The applicant satisfies public interest criterion 4021.
020.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
020.4—Circumstances applicable to grant
020.411
The applicant must be in Australia, but not in immigration clearance.
Note: The applicant must be an eligible non‑citizen at the time of grant: see the Act, s 73.
020.5—When visa is in effect
020.511
(1) In the case of a visa granted to a non‑citizen who has applied for a substantive visa—bridging visa:
(a) coming into effect:
(i) on grant; or
(ii) when the substantive visa (if any) held by the holder ceases; and
(b) permitting the holder to remain in Australia until:
(i) if the Minister’s decision in respect of the substantive visa application is to grant a visa—the grant of the visa; or
(ii) if the Minister’s decision in respect of that application is to refuse to grant a visa—35 days after the Minister makes the decision; or
(iia) if the substantive visa application is refused and the Tribunal decides that the holder’s application for merits review of that refusal was not made in accordance with the law governing the making of applications to the Tribunal—35 days after the Tribunal makes the decision; or
(iii) if the substantive visa application is refused and the Tribunal makes a decision on the holder’s application for merits review of that refusal (other than a decision to remit the application to the Minister for reconsideration)—35 days after the Tribunal makes the decision; or
(iv) if the holder withdraws his or her application for a substantive visa or an application to the Tribunal—35 days after that withdrawal; or
(v) the grant of another bridging visa to the holder in respect of the same application for a substantive visa; or
(vi) if the substantive visa (if any) held by the holder is cancelled—that cancellation; or
(vii) if the Minister decides that the substantive visa application is invalid—35 days after the Minister makes the decision; or
(viii) if the Tribunal remits the substantive visa application to the Minister for reconsideration—the day worked out in accordance with whichever subparagraph of this paragraph applies in relation to the reconsideration; and
(c) permitting the holder to travel to and enter Australia until the time set by paragraph (b), unless the Minister has specified an earlier time for the purpose.
(2) For the purposes of subparagraphs (1)(b)(ii), (iia), (iii) and (vii), the 35 day period begins to run:
(a) despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the subparagraph; and
(b) irrespective of the validity of the decision.
020.512
In the case of a visa granted to a non‑citizen on the basis of judicial review of a decision—bridging visa:
(a) coming into effect:
(i) on grant; or
(ii) when the substantive visa (if any) held by the holder ceases; and
(b) permitting the holder to remain in Australia until:
(i) subject to paragraph (ba), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or
(ii) if the holder withdraws his or her application for judicial review—28 days after that withdrawal; or
(iii) the grant of another bridging visa in respect of the same application for judicial review; or
(iv) if the substantive visa (if any) held by the holder is cancelled—that cancellation; and
(ba) if a court remits a matter to which the judicial review proceedings relate to the Tribunal, or to the Minister, for reconsideration—permitting the holder to remain in Australia in accordance with the relevant provision of paragraph 020.511(1)(b); and
(c) permitting the holder to travel to and enter Australia until the time set by paragraph (b), unless the Minister has specified an earlier time for the purpose.
020.513
In the case of a visa granted to a non‑citizen on the basis that the non‑citizen is a member of the family unit of a party to judicial review proceedings—bridging visa:
(a) coming into effect:
(i) on grant; or
(ii) when the substantive visa (if any) held by the holder ceases; and
(b) permitting the holder to remain in Australia until the expiry of the bridging visa held by the party to the judicial review proceedings.
020.6—Conditions
020.611
(1) In the case of a visa granted to a non‑citizen who is either:
(a) an applicant for a protection visa who:
(i) is not a person described in subclause (2) or (2A); or
(ii) satisfies the criterion in subclause 020.212(2); or
(b) a person in a class of persons specified by the Minister by an instrument in writing for this paragraph;
Nil.
(2) In the case of a visa granted to a non‑citizen who:
(a) applies for a protection visa; and
(b) satisfies the criterion in subclause 020.212(3);
condition 8101, if that condition applied to the last visa held by the holder.
(3) In the case of a visa granted to a person who meets the requirements of subclause 020.212(2) or (3) on the basis of a valid application for a Skilled (Provisional) (Class VC) visa in relation to which the applicant met the requirements for subitem 1229(4) of Schedule 1: condition 8501.
(4) In the case of a visa granted to a non‑citizen who meets the requirements of subclause 020.212(2) or (3) on the basis of a valid application for:
(a) a Business Skills—Business Talent (Permanent) (Class EA) visa; or
(b) a Business Skills (Provisional) (Class EB) visa; or
(c) a Business Skills (Permanent) (Class EC) visa; or
(d) an Employer Nomination (Permanent) (Class EN) visa; or
(da) a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa; or
(db) a Skilled Work Regional (Provisional) (Class PS) visa; or
(e) a Regional Employer Nomination (Permanent) (Class RN) visa; or
(f) a Skilled—Independent (Permanent) (Class SI) visa; or
(g) a Skilled—Nominated (Permanent) (Class SN) visa; or
(h) a Skilled—Regional Sponsored (Provisional) (Class SP) visa; or
(i) a Skilled (Residence) (Class VB) visa;
nil.
(4A) In the case of a visa granted to a person on the basis of:
(a) making a valid application for a Subclass 457 (Temporary Work (Skilled)) visa; and
(b) holding a Subclass 457 visa (the first visa) at the time of making the application mentioned in paragraph (a);
8107 (if the first visa is subject to that condition) and 8501 (if the first visa is subject to that condition).
(4B) In the case of a visa granted to a person on the basis of:
(a) making a valid application for a Subclass 482 (Temporary Skill Shortage) visa; and
(b) holding a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa (the first visa) at the time of making the application mentioned in paragraph (a);
the following conditions:
(c) if the first visa was subject to condition 8107—condition 8107;
(d) if the first visa was subject to condition 8501—condition 8501;
(e) if the first visa was subject to condition 8607—condition 8607.
(4C) In the case of a visa granted to a person:
(a) who meets the requirements of subclause 020.212(2) or (3) on the basis of making a valid application for a Subclass 103 (Parent) visa or a Subclass 143 (Contributory Parent) visa; and
(b) who is seeking to meet the requirements of subclause 103.214(2), 103.313(2), 143.214(2) or 143.313(2);
the following conditions:
(c) condition 8104—but only if the condition applied to the most recent substantive visa held by the person;
(d) condition 8303—but only if the condition applied to the most recent substantive visa held by the person;
(e) condition 8501.
(5) In any other case—whichever of conditions 8101, 8102, 8103, 8104, 8105, 8107, 8108, 8111, 8112, 8114, 8115, 8539, 8547, 8549, 8607 and 8608 applies to the bridging visa held by the holder at the time of application.
Subclass 030—Bridging C
030.1—Interpretation
Note: Criminal detention and compelling need to work are defined in regulation 1.03. For eligible non‑citizen see regulation 2.20. Tribunal is defined in subsection 5(1) of the Act. There are no interpretation provisions specific to this Part.
030.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
030.21—Criteria to be satisfied at time of application
030.211
The applicant does not hold a Bridging E (Class WE) visa and has not held such a visa since last holding a substantive visa.
030.212
(1) The applicant meets the requirements of subclause (2), (2A), (3) or (5).
(2) 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 made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and
(ba) either:
(i) the bridging visa can be granted in respect of that application under regulation 2.21B; or
(ii) that application was made at the same time, and on the same form, as the bridging visa application; and
(c) that application has not been finally determined.
(2A) An applicant meets the requirements of this subclause if:
(a) he or she is not the holder of a substantive visa; and
(b) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and
(c) that application has not been finally determined; and
(d) he or she has previously been granted a Bridging C (Class WC) visa in respect of that application.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant holds a Bridging C (Class WC) visa that:
(i) was granted as a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted to an applicant who was in Australia; and
(ii) is subject to condition 8101; and
(b) the Minister is satisfied that the applicant has a compelling need to work.
(5) An applicant meets the requirements of this subclause if:
(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and
(aa) that application was refused; and
(b) either:
(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application; or
(ii) the applicant:
(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and
(B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and
(c) at the time of that application, he or she held a Bridging C (Class WC) visa; and
(d) the judicial review proceedings (including proceedings on appeal, if any) are not completed.
030.22—Criteria to be satisfied at the time of decision
030.221
The applicant continues to satisfy the criteria in clauses 030.211 to 030.212.
030.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
030.4—Circumstances applicable to grant
030.411
The applicant must be in Australia, but not in immigration clearance.
Note: The applicant must be an eligible non‑citizen at the time of grant: see the Act, s 73.
030.5—When visa is in effect
030.511
(1) In the case of a visa granted to a non‑citizen who has applied for a substantive visa—bridging visa:
(a) coming into effect:
(i) on grant; or
(ii) when the substantive visa (if any) held by the holder ceases; and
(b) permitting the holder to remain in Australia until:
(i) if the Minister’s decision in respect of the substantive visa application is to grant a visa—the grant of the visa; or
(ii) if the Minister’s decision in respect of that application is to refuse to grant a visa—35 days after the Minister makes the decision; or
(iia) if the substantive visa application is refused and the Tribunal decides that the holder’s application for merits review of that refusal was not made in accordance with the law governing the making of applications to the Tribunal—35 days after the Tribunal makes the decision; or
(iii) if the substantive visa application is refused and the Tribunal makes a decision on the holder’s application for merits review of that refusal (other than a decision to remit the application to the Minister for reconsideration)—35 days after the Tribunal makes the decision; or
(iv) the grant of another bridging visa to the holder in respect of the same application for a substantive visa; or
(v) if the holder withdraws his or her application for a substantive visa or an application to the Tribunal—35 days after that withdrawal; or
(vi) if the Minister decides that the substantive visa application is invalid—35 days after the Minister makes the decision; or
(vii) if the Tribunal remits the substantive visa application to the Minister for reconsideration—the day worked out in accordance with whichever subparagraph of this paragraph applies in relation to the reconsideration; or
(viii) if the substantive visa (if any) held by the holder is cancelled—that cancellation.
(2) For the purposes of subparagraphs (1)(b)(ii), (iia), (iii) and (vi), the 35 day period begins to run:
(a) despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the subparagraph; and
(b) irrespective of the validity of the decision.
030.512
In the case of a visa granted to a non‑citizen on the basis of judicial review of a decision—bridging visa:
(a) coming into effect:
(i) on grant; or
(ii) when the substantive visa (if any) held by the holder ceases; and
(b) permitting the holder to remain in Australia until:
(i) subject to paragraph (c), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or
(ii) if the holder withdraws his or her application for judicial review—28 days after that withdrawal; or
(iii) the grant of another bridging visa to the holder in respect of the same application for judicial review; or
(iv) if the substantive visa (if any) held by the holder is cancelled—that cancellation; and
(c) if a court remits a matter to which the judicial review proceedings relate to the Tribunal, or to the Minister, for reconsideration—permitting the holder to remain in Australia in accordance with the relevant provision of paragraph 030.511(1)(b).
030.513
In the case of a visa granted to a non‑citizen on the basis that the non‑citizen is a member of the family unit of a party to judicial review proceedings—bridging visa:
(a) coming into effect:
(i) on grant; or
(ii) when the substantive visa (if any) held by the holder ceases; and
(b) permitting the holder to remain in Australia until the expiry of the bridging visa held by the party to the judicial review proceedings.
030.6—Conditions
030.611
In the case of a visa granted to an applicant who meets the requirements of subclause 030.212(3):
(a) if condition 8303 applies to the Bridging C (Class WC) visa held by the applicant—condition 8303; or
(b) if condition 8501 applies to the Bridging C (Class WC) visa held by the applicant—condition 8501; or
(c) in any other case—nil.
030.612
In the case of a visa granted to a non‑citizen who:
(a) applies for a protection visa; and
(b) meets the requirements of subclause 030.212(5);
condition 8101 if that condition applied to the last visa held by the holder.
030.613
(1) In the case of a visa granted to a person on the basis of a valid application for:
(a) a Business Skills—Business Talent (Permanent) (Class EA) visa; or
(b) a Business Skills (Provisional) (Class EB) visa; or
(c) a Business Skills (Permanent) (Class EC) visa; or
(d) an Employer Nomination (Permanent) (Class EN) visa; or
(da) a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa; or
(db) a Skilled Work Regional (Provisional) (Class PS) visa; or
(e) a Regional Employer Nomination (Permanent) (Class RN) visa; or
(f) a Skilled—Independent (Permanent) (Class SI) visa; or
(g) a Skilled—Nominated (Permanent) (Class SN) visa; or
(h) a Skilled—Regional Sponsored (Provisional) (Class SP) visa;
nil.
(2) In the case of a visa granted to a person:
(a) on the basis of making a valid application for a Subclass 103 (Parent) visa or a Subclass 143 (Contributory Parent) visa; and
(b) who is seeking to meet the requirements of subclause 103.214(2), 103.313(2), 143.214(2) or 143.313(2);
the following conditions:
(c) conditions 8101 and 8501;
(d) condition 8303—but only if the condition applied to the most recent substantive visa held by the person.
030.614
In any other case, condition 8101.
Subclass 040—Bridging (Prospective Applicant)
040.1—Interpretation
Note: Criminal detention is defined in regulation 1.03. For eligible non‑citizen see regulation 2.20. No interpretation provisions specific to this Part.
040.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
040.21—Criteria to be satisfied at time of application
Note: In circumstances set out in regulation 2.22, a non‑citizen is taken under that regulation to have applied for a Bridging D (Class WD) visa.
040.211
The applicant is:
(a) an unlawful non‑citizen; or
(b) the holder of a visa that will cease within the next 3 working days after the day of application.
040.213
The Minister is satisfied that the applicant:
(a) has attempted to make, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia and is unable to do so; and
(b) will, within 5 working days, be able to make, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia.
040.214
The applicant has not previously been granted 2 bridging visas of Subclass 040 since he or she last held a substantive visa.
040.22—Criteria to be satisfied at time of decision
040.221
The applicant continues to satisfy the criteria set out in subdivision 040.21.
040.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
040.4—Circumstances applicable to grant
040.411
The applicant must be in Australia but not in immigration clearance.
Note: The applicant must be an eligible non‑citizen at the time of grant: see the Act, s 73.
040.5—When visa is in effect
040.511
Bridging visa coming into effect:
(a) on grant; or
(b) when the substantive visa (if any) held by the holder ceases;
and remaining in effect for 5 working days after date of grant.
040.6—Conditions
040.611
Condition 8101.
Subclass 041—Bridging (Non‑applicant)
041.1—Interpretation
Note: Criminal detention is defined in regulation 1.03. For eligible non‑citizen see regulation 2.20. No interpretation provisions specific to this Part.
041.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
041.21—Criteria to be satisfied at time of application
041.211
The applicant is an unlawful non‑citizen.
041.212
The applicant is unable, or does not want, to apply for a substantive visa.
041.213
An officer who is an authorised officer for the purposes of clause 050.222 is not available to interview the applicant.
041.22—Criteria to be satisfied at time of decision
041.221
The applicant continues to satisfy the criteria in Subdivision 041.21.
041.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
041.4—Circumstances applicable to grant
041.411
The applicant must be in Australia, but not in immigration clearance.
Note: The applicant must be an eligible non‑citizen at the time of grant: see the Act, s 73.
041.5—When visa is in effect
041.511
Bridging visa coming into effect upon grant and remaining in effect until:
(a) the end of the fifth working day after the date of grant; or
(b) if the applicant is granted a Subclass 050 (Bridging (General)) visa before the end of that day—the date of grant of the Subclass 050 (Bridging (General)) visa.
041.6—Conditions
041.611
Conditions 8101 and 8401.
Subclass 050—Bridging (General)
050.1—Interpretation
Note: Compelling need to work and criminal detention are defined in regulation 1.03. For eligible non‑citizen see regulation 2.20. Tribunal is defined in subsection 5(1) of the Act. There are no interpretation provisions specific to this Part.
050.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
050.21—Criteria to be satisfied at time of application
050.211
(1) The applicant is:
(a) an unlawful non‑citizen; or
(b) the holder of a Bridging E (Class WE) visa; or
(c) the holder of a Subclass 041 (Bridging (Non‑applicant)) visa.
(2) The applicant is not an eligible non‑citizen of the kind set out in subregulation 2.20(7), (8), (9), (10), (11) or (17).
050.212
(1) The applicant meets the requirements of subclause (2), (3), (3A), (4), (4AAA), (4AA), (4AB), (5), (5A), (5B), (6), (6AA), (6A), (6B), (7), (8) or (9).
(2) An applicant meets the requirements of this subclause if the Minister is satisfied that the applicant is making, or is the subject of, acceptable arrangements to depart Australia.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia and that application has not been finally determined; or
(b) the Minister is satisfied that the applicant will apply, in Australia, within a period allowed by the Minister for the purpose, for a substantive visa of a kind that can be granted if the applicant is in Australia.
(3A) An applicant meets the requirements of this subclause if:
(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and
(b) either:
(i) the applicant has applied for judicial review of a decision to refuse to grant the visa and the judicial proceedings (including any proceedings on appeal) have not been completed; or
(ii) the Minister has applied for judicial review of a decision in relation to a refusal to grant the applicant’s substantive visa, and the judicial review proceedings (including any proceedings on appeal) have not been completed.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant has applied for judicial review of a decision in relation to a substantive visa, other than a decision to refuse to grant a visa; or
(aa) the Minister has applied for judicial review of a decision in relation to the applicant’s substantive visa application, other than a decision relating to a refusal to grant the substantive visa; or
(b) the applicant has applied for merits review of a decision to cancel a visa; or
(ba) the applicant has applied under section 137K of the Act for revocation of the cancellation of a visa; or
(bb) the applicant has applied for merits review of a decision under section 137L of the Act not to revoke the cancellation of a visa; or
(c) the Minister is satisfied that the applicant will make an application of a kind referred to in paragraph (b), (ba) or (bb); or
(d) the applicant has applied for judicial review of the validity of a law that affects:
(i) the applicant’s eligibility to apply for a substantive visa; or
(ii) the applicant’s entitlement to be granted or to continue to hold a substantive visa.
(4AAA) An applicant meets the requirements of this subclause if the applicant has applied for:
(a) a declaration from a court that the Act does not apply to the applicant; or
(b) judicial review or merits review of a decision made in relation to the applicant under the Australian Citizenship Act 2007;
and the proceedings for the declaration or review have not been completed.
(4AA) An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in:
(i) paragraph (3A)(b); or
(ii) paragraph (4)(a); or
(iii) paragraph (4)(aa); or
(iv) paragraph (4)(d); and
(b) the person whose substantive visa application is the subject of the judicial review proceedings is not a party to a representative proceeding; and
(c) the applicant made a substantive visa application that was combined with the substantive visa application mentioned in:
(i) paragraph (3A)(a); or
(ii) subclause (4).
(4AB) An applicant meets the requirements of this subclause if the applicant is:
(a) a member of the immediate family of a person who meets the requirements of subclause (4AAA); or
(b) a brother or sister who has not turned 18, of a person who:
(i) meets the requirements of subclause (4AAA); and
(ii) has not turned 18.
Note: Regulation 1.12AA defines member of the immediate family.
(4A) For the purposes of subclauses (3A), (4) and (4AAA), the applicant is taken to have applied for judicial review if the applicant:
(a) is described or identified, in an application or document filed for the purposes of section 33H of the Federal Court of Australia Act 1976, as a group member to whom a representative proceeding relates; or
(b) is a person on whose behalf or for whose benefit a person sues under rule 21.09.1 of the High Court Rules 2004.
(5) An applicant meets the requirements of this subclause if:
(a) he or she held a visa that was cancelled under subsection 140(1) or (3) of the Act (which deals with cancellation because of the cancellation of a visa held by another person); and
(b) either:
(i) the other person whose visa was cancelled has applied for review of the decision to cancel his or her visa; or
(ii) the Minister is satisfied that that other person will make an application of that kind.
(5A) An applicant meets the requirements of this subclause if:
(a) the applicant held a visa that was cancelled under subsection 140(1), (2) or (3) of the Act because another person’s visa was cancelled under section 137J of the Act; and
(b) one of the following applies in relation to the person whose visa was cancelled under section 137J of the Act:
(i) he or she has applied under section 137K of the Act for revocation of the cancellation of the visa;
(ii) he or she has applied for merits review of a decision under section 137L of the Act not to revoke the cancellation of the visa;
(iii) the Minister is satisfied that he or she will make an application of a kind mentioned in subparagraph (i) or (ii).
(5B) An applicant meets the requirements of this subclause if the applicant:
(a) is a person to whom section 48A of the Act applies; and
(b) has made a request to the Minister to determine under section 48B of the Act that section 48A of the Act does not apply to prevent an application for a protection visa by the applicant; and
(c) has not previously sought, or been the subject of a request by another person for:
(i) a determination under section 48B of the Act; or
(ii) the exercise of the Minister’s power under section 345, 351 or 417 of the Act.
(6) An applicant meets the requirements of this subclause if:
(a) the applicant is the subject of:
(i) a decision in relation to an application made in Australia for a visa; or
(ii) a decision to cancel a visa; and
(b) in relation to the decision mentioned in paragraph (a), the applicant:
(i) is the subject of a decision for which the Minister has the power to substitute a more favourable decision under section 345, 351 or 417 of the Act; and
(ii) has made a request to the Minister to substitute a more favourable decision under section 345, 351 or 417 of the Act; and
(c) the applicant has not previously sought, or been the subject of a request by another person for:
(i) the exercise of the Minister’s power under section 345, 351 or 417 of the Act; or
(ii) a determination under section 48B of the Act.
(6AA) An applicant meets the requirements of this subclause if the Minister has decided, under section 345, 351 or 417 of the Act, to substitute a more favourable decision for the decision of the Tribunal but the applicant cannot, for the time being, be granted a substantive visa because of a determination under section 85 of the Act.
(6A) An applicant meets the requirements of this subclause if:
(a) the applicant holds a Bridging E (Class WE) visa granted on the basis of the applicant meeting the requirements of subclause (6AA); and
(b) the Minister has decided, under section 345, 351 or 417 of the Act, to substitute a more favourable decision for the decision of the Tribunal but the applicant cannot, for the time being, be granted a substantive visa because of a determination under section 85 of the Act; and
(c) the Minister is satisfied that the applicant has a compelling need to work.
(6B) An applicant meets the requirements of this subclause if:
(a) the applicant holds, or has held, a Bridging E (Class WE) visa granted before 1 July 2009 on the basis of the applicant meeting the requirements of subclause (6) or (6A); and
(b) the applicant is the subject of a decision for which the Minister has the power to substitute a more favourable decision under section 345, 351 or 417 of the Act; and
(c) before 1 July 2009, the applicant made a request to the Minister to substitute a more favourable decision under section 345, 351 or 417 of the Act; and
(d) the Minister has not yet made a decision to substitute a more favourable decision under section 345, 351 or 417 of the Act.
(7) An applicant meets the requirements of this subclause if:
(a) the applicant is in criminal detention; and
(b) no criminal justice stay certificate or criminal justice stay warrant about the applicant is in force.
(8) An applicant meets the requirements of this subclause if:
(a) the applicant holds a Bridging E (Class WE) visa that:
(i) was granted as a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted if the applicant was in Australia; and
(ii) is subject to condition 8101; and
(b) the Minister is satisfied that the applicant has a compelling need to work; and
(c) in the case of an applicant who was an applicant for a protection visa—either:
(i) the reasons for the delay in making the application for a protection visa are acceptable to the Minister; or
(ii) the applicant is in a class of persons specified by the Minister by instrument in writing for this subparagraph.
(9) An applicant meets the requirements of this subclause if:
(a) the applicant has made a valid application for a Partner (Migrant) (Class BC) visa; and
(b) that application was refused; and
(c) either:
(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application; or
(ii) the applicant:
(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and
(B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i);
and the applicant or family unit member does not satisfy the criterion in paragraph 010.211(6)(c) for the grant of a Bridging A (Class WA) visa; and
(d) the judicial review proceedings (including proceedings on appeal, if any) are not completed.
050.22—Criteria to be satisfied at time of decision
050.221
The applicant continues to satisfy the criteria set out in clauses 050.211 and 050.212.
050.222
(1) Unless subclause (2), (3), (4) or (5) applies, the applicant has been interviewed by an officer who is authorised by the Secretary for the purposes of this clause.
(2) This subclause applies if:
(a) the applicant is not in immigration detention; and
(b) the applicant has made a valid application for a substantive visa; and
(c) the applicant holds a Bridging E (Class WE) visa; and
(d) the applicant is not seeking to be granted a further Bridging E (Class WE) visa that is subject to conditions other than those that apply to the Bridging E (Class WE) visa that the applicant currently holds.
(3) This subclause applies if:
(a) an officer who is authorised by the Secretary for the purposes of this clause was not available to interview the applicant:
(i) at the time of application; or
(ii) if the bridging visa could be granted under regulation 2.21B, at the time of decision; and
(b) the applicant is not in immigration detention; and
(c) the applicant has made a valid application for a substantive visa; and
(d) the applicant has previously held, but does not currently hold, a Bridging E (Class WE) visa.
Note: For subclauses (2) and (3)—in certain circumstances, a Bridging E (Class WE) visa may also be taken to have been granted without application to a non‑citizen who is in immigration detention. See the Act, s 73. In addition the Minister may grant a Bridging E (Class WE) visa to non‑citizens who are in criminal detention or are unwilling or unable to make a valid application: see r 2.25.
(4) This subclause applies if the applicant is a person:
(a) to whom subclause 050.212(4AAA) applies; or
(b) to whom subclause 050.212(4AB) continues to apply.
(5) This subclause applies if an officer who is authorised by the Secretary for the purposes of this clause has decided that it is not necessary to interview the applicant.
050.223
The Minister is satisfied that, if a bridging visa is granted to the applicant, the applicant will abide by the conditions (if any) imposed on it.
050.224
If an authorised officer has required a security for compliance with any conditions that the officer has indicated to the applicant will be imposed on the visa if it is granted, the security has been lodged.
050.225
If the applicant:
(a) is at least 18 at the time of application; and
(b) holds, or has previously held, a Bridging E (Class WE) visa granted under section 195A of the Act;
the applicant satisfies public interest criterion 4022.
050.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
050.4—Circumstances applicable to grant
050.411
The applicant must be in Australia but not in immigration clearance.
Note: The applicant must be an eligible non‑citizen at the time of grant: see the Act, s 73.
050.5—When visa is in effect
050.511
(1) In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222(3) applies) who has applied for a substantive visa—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until:
(i) if the Minister’s decision in respect of the substantive visa application is to grant a visa—the grant of the visa; or
(ii) if the Minister’s decision in respect of that application is to refuse to grant a visa—35 days after the Minister makes the decision; or
(iia) if the substantive visa application is refused and the Tribunal decides that the holder’s application for merits review of that refusal was not made in accordance with the law governing the making of applications to the Tribunal—35 days after the Tribunal makes the decision; or
(iii) if the substantive visa application is refused and the Tribunal makes a decision on the holder’s application for merits review of that refusal (other than a decision to remit the application to the Minister for reconsideration)—35 days after the Tribunal makes the decision; or
(iiia) if the substantive visa application is refused and the Immigration Assessment Authority makes a decision under subsection 473CC(2) of the Act on referral of that refusal under section 473CA of the Act (other than a decision to remit the application to the Minister for reconsideration)—35 days after the Immigration Assessment Authority makes the decision; or
(iv) if the holder withdraws his or her application for a substantive visa or an application to the Tribunal—35 days after that withdrawal; or
(v) the grant of a further bridging visa to the holder in respect of his or her substantive visa application; or
(vi) if the Minister decides that the substantive visa application is invalid—35 days after the Minister makes the decision; or
(vii) if the Tribunal or the Immigration Assessment Authority remits the substantive visa application to the Minister for reconsideration—the day worked out in accordance with whichever subparagraph of this paragraph applies in relation to the reconsideration.
(2) For the purposes of subparagraphs (1)(b)(ii), (iia), (iii), (iiia) and (vi), the 35 day period begins to run:
(a) despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the subparagraph; and
(b) irrespective of the validity of the decision.
050.511A
In the case of a visa granted to a non‑citizen on the basis that the non‑citizen is a member of the family unit of a party to judicial review proceedings—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until the bridging visa held by the party to the judicial review proceedings ceases to be in effect.
050.511B
In the case of a visa granted to a non‑citizen on the basis that the non‑citizen is a person who has applied for a declaration mentioned in paragraph 050.212(4AAA)(a)—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until 28 days after the proceedings for the declaration are completed.
050.511C
(1) In the case of a visa granted to a non‑citizen on the basis that the non‑citizen has applied for judicial review of a decision under the Australian Citizenship Act 2007, mentioned in paragraph 050.212(4AAA)(b)—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until the latest of the following:
(i) 28 days after the day the judicial review proceedings are completed;
(ii) if the court remits the matter to the Minister or the Tribunal for reconsideration—35 days after the day the Minister or Tribunal makes a decision on the reconsideration;
(iii) if the non‑citizen withdraws his or her application for judicial review—28 days after the day the application is withdrawn;
(iv) if the non‑citizen is taken to have applied for judicial review under subclause 050.212(4A), and either withdraws from of or is struck out of the representative proceedings for judicial review—28 days after the day the non‑citizen withdraws or is struck out; and
(c) if the court remits the matter to the Minister for reconsideration, and the Minister approves the person becoming an Australian citizen—permitting the holder to remain in Australia until the day on which the non‑citizen becomes an Australian citizen in accordance with Subdivision B of Division 2 of Part 2 of the Australian Citizenship Act 2007.
(2) For the purposes of subparagraph (1)(b)(ii), the 35 day period begins to run:
(a) despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the subparagraph; and
(b) irrespective of the validity of the decision.
050.511D
(1) In the case of a visa granted to a non‑citizen on the basis that the non‑citizen has applied, or has purported to apply, for merits review of a decision under the Australian Citizenship Act 2007, mentioned in paragraph 050.212(4AAA)(b)—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until 35 days after the latest of the following:
(i) if the Tribunal decides that the holder’s application for merits review was not made in accordance with the law governing the making of applications to the Tribunal—the day the Tribunal makes the decision;
(ia) if the Tribunal makes a decision on the holder’s application for merits review (other than a decision to remit the application to the Minister for reconsideration)—the day the Tribunal makes the decision;
(ii) if the Tribunal remits the application to the Minister for reconsideration—the day the Minister makes a decision on the reconsideration;
(iii) if the non‑citizen withdraws his or her application for merits review—the day the application is withdrawn; and
(c) if the Tribunal remits the matter to the Minister for reconsideration, and the Minister approves the person becoming an Australian citizen—permitting the holder to remain in Australia until the day on which the non‑citizen becomes an Australian citizen in accordance with Subdivision B of Division 2 of Part 2 of the Australian Citizenship Act 2007.
(2) The 35 day period worked out by reference to subparagraphs (1)(b)(i), (ia) and (ii) begins to run:
(a) despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the subparagraph; and
(b) irrespective of the validity of the decision.
050.511E
In the case of a visa granted to a non‑citizen on the basis that the non‑citizen is a person to whom subclause 050.212(4AB) applies—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until the bridging visa held by the person who meets the requirements of subclause 050.212(4AAA) ceases to be in effect.
050.512
In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222(3) applies) to whom paragraph 050.212(3A)(b), paragraph 050.212(4)(a), (aa) or (d) or subclause 050.212(9) applies—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until:
(i) if another bridging visa is granted to the holder in respect of his or her judicial review application—the grant of that bridging visa; or
(ii) subject to paragraph (c), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or
(iii) if the holder withdraws his or her application for judicial review—28 days after that withdrawal; or
(iv) if the holder opts out of, or is struck out of, the representative proceeding for judicial review—28 days after so opting out or being struck out; and
(c) if a court remits a matter to which the judicial review proceedings relate to the Tribunal, or to the Minister, for reconsideration—permitting the holder to remain in Australia in accordance with the relevant provision of paragraph 050.511(1)(b) or subclause 050.513(1) or 050.513B(1).
050.513
(1) In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222(3) applies) who has applied, or has purported to apply, for merits review of a decision to cancel a visa—visa coming into effect on grant permitting the holder to remain in Australia until:
(a) if the Tribunal decides that the holder’s application for merits review was not made in accordance with the law governing the making of applications to the Tribunal—35 days after the Tribunal makes the decision; or
(aa) if the Tribunal makes a decision on the holder’s application for merits review—35 days after the Tribunal makes the decision; or
(b) if another bridging visa is granted to the holder in respect of his or her merits review application—the grant of that bridging visa; or
(c) if the holder withdraws his or her application for merits review—35 days after that withdrawal.
(2) For the purposes of paragraphs (1)(a) and (aa), the 35 day period begins to run:
(a) despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the paragraph; and
(b) irrespective of the validity of the decision.
050.513A
In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222(3) applies) who has applied under section 137K of the Act for revocation of the cancellation of a visa—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to stay in Australia until:
(i) 14 working days after the day the decision is made on the revocation application; or
(ii) if another bridging visa is granted to the holder in respect of his or her revocation application—the grant of that bridging visa; or
(iii) if the holder withdraws his or her revocation application—14 working days after that withdrawal; and
(c) if the decision on the revocation application is not to revoke the cancellation and the holder applies for merits review of that decision—permitting the holder to remain in Australia in accordance with the relevant paragraph of subclause 050.513B(1).
050.513B
(1) In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222(3) applies) who has applied, or has purported to apply, for merits review of a decision under section 137L of the Act not to revoke the cancellation of a visa—bridging visa coming into effect on grant permitting the holder to stay in Australia until:
(a) if the Tribunal decides that the holder’s application for merits review was not made in accordance with the law governing the making of applications to the Tribunal—35 days after the Tribunal makes the decision; or
(aa) if the Tribunal makes a decision on the holder’s application for merits review—35 days after the Tribunal makes the decision; or
(b) if another bridging visa is granted to the holder in respect of his or her review application—the grant of that bridging visa; or
(c) if the holder withdraws his or her application for merits review—35 days after that withdrawal.
(2) For the purposes of paragraphs (1)(a) and (aa), the 35 day period begins to run:
(a) despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the paragraph; and
(b) irrespective of the validity of the decision.
050.514
(1) In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222(3) applies) to whom subsection 140(1) or (3) of the Act (which deal with cancellation as a result of cancellation of a visa held by another non‑citizen) applies, if the other person whose visa was cancelled has applied, or has purported to apply, for review of that cancellation decision—visa coming into effect on grant permitting the holder to remain in Australia until:
(a) if the Tribunal decides that the application for merits review made by the other person whose visa was cancelled was not made in accordance with the law governing the making of applications to the Tribunal—35 days after the Tribunal makes the decision; or
(aa) if the Tribunal makes a decision on the application for merits review made by the other person whose visa was cancelled—35 days after the Tribunal makes the decision; or
(b) if another bridging visa is granted to the holder in respect of that merits review application—the grant of that bridging visa; or
(c) if the other person whose visa was cancelled withdraws his or her application for merits review—35 days after that withdrawal.
(2) For the purposes of paragraphs (1)(a) and (aa), the 35 day period begins to run:
(a) despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the paragraph; and
(b) irrespective of the validity of the decision.
050.514AA
In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222(3) applies) to whom subsection 140(1), (2) or (3) of the Act applies, if the person whose visa was cancelled under section 137J of the Act has applied under section 137K of the Act for revocation of the cancellation—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to stay in Australia until:
(i) 14 working days after the day the decision is made on the revocation application; or
(ii) if another bridging visa is granted to the holder in respect of the revocation application—the grant of that bridging visa; or
(iii) if the person whose visa was cancelled under section 137J of the Act withdraws his or her revocation application—14 working days after that withdrawal; and
(c) if the decision on the revocation application is not to revoke the cancellation and the person whose visa was cancelled applies for merits review of that decision—permitting the holder to remain in Australia in accordance with the relevant paragraph of subclause 050.514AB(1).
050.514AB
(1) In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222(3) applies) to whom subsection 140(1), (2) or (3) of the Act applies, if the person whose visa was cancelled under section 137J of the Act has applied, or has purported to apply, for merits review of a decision under section 137L of the Act not to revoke the cancellation—bridging visa coming into effect on grant permitting the holder to stay in Australia until:
(a) if the Tribunal decides that the application for merits review made by the person whose visa was cancelled under section 137J of the Act was not made in accordance with the law governing the making of applications to the Tribunal—35 days after the Tribunal makes the decision; or
(aa) if the Tribunal makes a decision on the application for merits review made by the person whose visa was cancelled under section 137J of the Act—35 days after the Tribunal makes the decision; or
(b) if another bridging visa is granted to the holder in respect of the review application—the grant of that bridging visa; or
(c) if the person whose visa was cancelled under section 137J of the Act withdraws his or her application for merits review—35 days after that withdrawal.
(2) For the purposes of paragraphs (1)(a) and (aa), the 35 day period begins to run:
(a) despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the paragraph; and
(b) irrespective of the validity of the decision.
050.514A
In the case of a visa granted to a non‑citizen to whom subclause 050.222(3) applies—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia for 5 working days from date of grant.
050.515
(1) In the case of a visa granted, or taken to have been granted, to a non‑citizen who is in criminal detention—visa coming into effect on grant and ceasing on:
(a) the non‑citizen’s unconditional release from criminal detention; or
(b) the non‑citizen’s release on bail; or
(c) if the non‑citizen is in prison:
(i) the non‑citizen’s completing a sentence of imprisonment; or
(ii) subject to subclause (2), the non‑citizen’s release on parole; or
(iv) the non‑citizen’s escaping from prison; or
(ca) subject to subclause (2), in the case of a non‑citizen who is subject to an order for periodic detention—the completion of the period of periodic detention imposed by that order; or
(d) the signing of a deportation order against the non‑citizen; or
(e) the grant of another visa to the holder; or
(f) if the non‑citizen is subject to an order for periodic detention—the non‑citizen’s breaching a condition of that order.
(2) Subparagraph (1)(c)(ii) and paragraph (1)(ca) apply only in the case of a non‑citizen who has actually served a part of a term of imprisonment.
050.516
In the case of a visa that is taken to have been granted by operation of section 75 of the Act (which deals with applications for bridging visas which the Minister does not decide within a short period)—visa coming into effect on grant permitting the applicant to remain in Australia for:
(a) 5 working days from date of grant; or
(b) if the Minister is satisfied, within 5 days from the date of grant, that the visa holder has made acceptable arrangements to depart Australia within 14 days from the date of grant—14 days from the date of grant.
050.517
In any other case—visa coming into effect on grant and ceasing on a date specified by the Minister for the purpose.
050.6—Conditions
050.611
In the case of a visa granted to a non‑citizen who:
(a) either:
(i) applied for a substantive visa at the same time and on the same form as he or she applied for the bridging visa; or
(ii) applied for a substantive visa in respect of which the bridging visa is granted under regulation 2.21B; and
(b) is not in immigration detention; and
(c) held a Bridging E (Class WE) visa at the time when he or she made the application for the substantive visa;
whichever of conditions 8101, 8104, 8201, 8207, 8401, 8402, 8505, 8506 and 8548 apply to that bridging visa.
050.611B
In the case of a visa granted to an unlawful non‑citizen to whom subclause 050.222(3) applies:
(a) condition 8401 must be imposed; and
(b) any 1 or more of conditions 8101, 8104, 8201, 8207, 8505, 8506 and 8548 may be imposed.
050.612
In the case of a visa that is taken to have been granted by operation of section 75 of the Act—conditions 8101, 8201, 8402, 8506, 8509 and 8548.
050.612A
(1) This clause applies to a visa that is granted to an applicant:
(a) who meets the requirements of 1 or more of the following:
(i) subparagraph 050.212(3A)(b)(i);
(ii) subparagraph 050.212(3A)(b)(ii);
(iii) paragraph 050.212(4)(a);
(iv) paragraph 050.212(4)(aa);
(v) paragraph 050.212(4)(d);
(vi) subclause 050.212(4AA);
(viia) subclause 050.212(6AA);
(viii) subclause 050.212(9); and
(b) who does not meet the requirements of subclause 050.212(5B), (6) or (6A); and
(c) to whom subclause 050.614(1) does not apply.
(2) Condition 8101 must be imposed.
(3) Any 1 or more of conditions 8201, 8207, 8401, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.
050.612B
In the case of a visa granted to an applicant who meets the requirements of subclause 050.212(4AAA) or (4AB): Nil.
050.613
In the case of a visa granted to an applicant (whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply) who meets the requirements of subclause 050.212(6A) or (8)—any 1 or more of conditions 8201, 8207, 8401, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.
050.613A
(1) In the case of a visa granted to an applicant (whether or not the applicant is an applicant to which any other clause in this Division applies, other than clause 050.613 or 050.616A) who:
(a) applies for a protection visa; and
(b) is not in a class of persons specified by the Minister by instrument in writing for this paragraph;
condition 8101, unless condition 8116 is imposed.
(2) If the applicant is an applicant to whom subclause (1) applies, any 1 or more of conditions 8116, 8201, 8207, 8401, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.
(3) Condition 8116 must not be imposed unless the applicant is in a class of persons specified by the Minister, by legislative instrument, for this subclause.
050.614
(1) In the case of a visa granted to an applicant who:
(a) is an applicant for a protection visa; and
(b) meets the requirements of subclause 050.212(3A), (4), (4AA) or (4A);
if condition 8101 or 8116 applied to the last visa held by the applicant, that condition.
(2) Any 1 or more of conditions 8104, 8201, 8207, 8401, 8402, 8505, 8506, 8507, 8508, 8509, 8510, 8511, 8512 and 8548 may be imposed.
050.615
(1) In the case of a visa granted to an applicant who:
(a) meets the requirements of subclause 050.212(5B) or (6); and
(b) was not an unlawful non‑citizen after the application for a substantive visa was finally determined up until the time of the request for the Minister:
(i) to substitute a more favourable decision under section 345, 351 or 417 of the Act; or
(ii) to make a determination under section 48B of the Act;
if condition 8101 or 8116 applied to the last visa held by the applicant, that condition.
(2) Any 1 or more of conditions 8201, 8207, 8401, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.
050.615A
(1) In the case of a visa granted to an applicant who:
(a) meets the requirements of subclause 050.212(5B) or (6); and
(b) was an unlawful non‑citizen for all or part of the period after the application for a substantive visa was finally determined until the time of the request for the Minister:
(i) to substitute a more favourable decision under section 345, 351 or 417 of the Act; or
(ii) to make a determination under section 48B of the Act;
condition 8101, unless condition 8116 is imposed.
(2) Any 1 or more of conditions 8116, 8201, 8207, 8401, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.
(3) Condition 8116 must not be imposed unless the applicant is in a class of persons specified by the Minister, by legislative instrument, for this subclause.
050.616
(1) In the case of a visa granted to an applicant (whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply) who meets the requirements of subclause 050.212(6B)—condition 8101, if that condition applied to the last visa held by the holder.
(2) Any 1 or more of conditions 8104, 8201, 8207, 8401, 8402, 8505, 8506, 8507, 8508, 8509, 8510, 8511, 8512 and 8548 may be imposed.
050.616A
(1) In the case of a visa granted under section 195A of the Act (whether or not the holder of the visa is a person to whom another clause in this Division would otherwise apply)—any one or more of conditions 8101, 8104, 8116, 8201, 8207, 8303, 8401, 8402, 8505, 8506, 8507, 8508, 8510, 8511, 8512, 8514, 8548, 8550, 8551, 8552, 8553, 8554, 8555, 8556, 8560, 8562, 8563 and 8578 may be imposed.
(2) Condition 8116 must not be imposed unless the holder of the visa is in a class of persons specified by the Minister, by legislative instrument, for this subclause.
050.617
(1) In any other case—any 1 or more of conditions 8101, 8104, 8116, 8201, 8207, 8401, 8402, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.
(2) Condition 8116 must not be imposed unless the applicant is in a class of persons specified by the Minister, by legislative instrument, for this subclause.
050.618
In addition to any other condition imposed by another provision of this Division, condition 8564 may be imposed.
050.619
In addition to any other condition imposed by another provision of this Division, if the person to whom the visa would be granted has signed a code of behaviour that is in effect for the visa, condition 8566 must be imposed.
Note 1: A Subclass 050 visa may be granted with or without an application (for example, see regulation 2.25).
Note 2: The requirement to sign a code of behaviour may be imposed by public interest criterion 4022 or in accordance with section 195A of the Act.
050.620
In addition to any other condition imposed by another provision of this Division, if:
(a) the person to whom the visa would be granted is an applicant for a Subclass 103 (Parent) visa or a Subclass 143 (Contributory Parent) visa; and
(b) the person is seeking to meet the requirements of subclause 103.214(2), 103.313(2), 143.214(2) or 143.313(2);
the following apply:
(c) condition 8303 must be imposed if that condition applied to the last substantive visa held by the applicant;
(d) condition 8501 may be imposed.
Subclass 051—Bridging (Protection Visa Applicant)
051.1—Interpretation
Note 1: Compelling need to work and criminal detention are defined in regulation 1.03. For eligible non‑citizen see regulation 2.20. Tribunal is defined in subsection 5(1) of the Act. For finally determined see subsection 5(9) of the Act. There are no interpretation provisions specific to this Part.
Note 2: A Subclass 051 visa may also be granted without application.
051.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
051.21—Criteria to be satisfied at time of application
051.211
The applicant is an eligible non‑citizen referred to in subregulation 2.20(7), (8), (9), (10) or (11).
051.212
The applicant, or a person acting on behalf of the applicant, has signed an undertaking acceptable to the Minister that:
(a) if the applicant withdraws the application for a protection visa, the applicant will depart Australia, or present himself or herself to Immigration for removal, within 28 days after the applicant withdraws the application; and
(b) if the application for a protection visa is finally determined and refused, the applicant will depart Australia, or present himself or herself to Immigration for removal, within 28 days after the latest of the following:
(i) the applicant is notified that the protection visa application has been finally determined and refused;
(ii) the applicant withdraws an application for judicial review of the decision to refuse the protection visa application (the visa decision);
(iii) proceedings for judicial review of the visa decision are completed, and the outcome is that the visa decision is maintained;
(iv) the applicant withdraws an appeal against the outcome of judicial review of the visa decision;
(v) proceedings on an appeal against the outcome of judicial review of the visa decision are completed, and the outcome is that the visa decision is maintained.
051.213
The Minister is satisfied that the applicant satisfies:
(a) the public interest criteria 4001, 4002 and 4003; and
(b) the health criteria in clauses 866.223, 866.224, 866.224A and 866.224B.
051.22—Criteria to be satisfied at time of decision
051.221
The applicant continues to satisfy the criteria in clauses 051.211, 051.212 and 051.213.
051.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
051.4—Circumstances applicable to grant
051.411
The applicant must be in Australia but not in immigration clearance.
051.5—When visa is in effect
051.511
(1) In the case of a visa granted to a non‑citizen who has applied for a protection visa—bridging visa coming into effect on grant, permitting the holder to remain in Australia until:
(a) either:
(i) if the Minister’s decision in respect of the protection visa application is to grant a visa—the grant of the protection visa; or
(ii) if the Minister’s decision in respect of that application is to refuse to grant a visa—35 days after the Minister makes the decision; or
(b) if the protection visa application is refused and the Tribunal decides that the holder’s application for merits review of that refusal was not made in accordance with the law governing the making of applications to the Tribunal—35 days after the Tribunal makes the decision; or
(ba) if the protection visa application is refused and the Tribunal makes a decision on the holder’s application for merits review of that refusal (other than a decision to remit the application to the Minister for reconsideration)—35 days after the Tribunal makes the decision; or
(bb) if the protection visa application is refused and the Immigration Assessment Authority makes a decision under subsection 473CC(2) of the Act on referral of that refusal under section 473CA of the Act (other than a decision to remit the application to the Minister for reconsideration)—35 days after the Immigration Assessment Authority makes the decision; or
(c) the grant of a further bridging visa to the holder in respect of his or her protection visa application; or
(d) if the holder withdraws the application for the protection visa or for review—35 days after that withdrawal; or
(e) if the Minister decides that the protection visa application is invalid—35 days after the Minister makes the decision; or
(f) if the Tribunal or the Immigration Assessment Authority remits the application for the protection visa to the Minister for reconsideration—the end of the period worked out in accordance with whichever paragraph of this subclause applies in relation to the reconsideration.
(2) For the purposes of subparagraph (1)(a)(ii) and paragraphs (1)(b), (ba), (bb) and (e), the 35 day period begins to run:
(a) despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the paragraph or subparagraph; and
(b) irrespective of the validity of the decision.
051.512
In the case of a visa granted to a non‑citizen on the basis of judicial review of a decision to refuse a protection visa application—bridging visa coming into effect on grant and permitting the applicant to remain in Australia until:
(a) if another bridging visa is granted to the holder in respect of his or her application for judicial review—the grant of that bridging visa; or
(b) subject to paragraph (d), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or
(c) if the applicant withdraws the application for judicial review—28 days after that withdrawal; or
(d) if a court remits a matter to which the judicial review proceedings relate to the Tribunal, or to the Minister, for reconsideration—permitting the holder to remain in Australia in accordance with the relevant provision of subclause 051.511(1).
051.513
(1) In the case of a visa that is taken to have been granted by operation of section 75 of the Act and that was not applied for on the basis of judicial review—bridging visa coming into effect on grant and permitting the applicant to remain in Australia until:
(a) either:
(i) if the Minister’s decision in respect of the protection visa application is to grant a visa—the grant of the visa; or
(ii) if the Minister’s decision in respect of that application is to refuse to grant a visa—35 days after the Minister makes the decision; or
(b) if the protection visa application is refused and the Tribunal decides that the holder’s application for merits review of that refusal was not made in accordance with the law governing the making of applications to the Tribunal—35 days after the Tribunal makes the decision; or
(ba) if the protection visa application is refused and the Tribunal makes a decision on the holder’s application for merits review of that refusal (other than a decision to remit the application to the Minister for reconsideration)—35 days after the Tribunal makes the decision; or
(bb) if the protection visa application is refused and the Immigration Assessment Authority makes a decision under subsection 473CC(2) of the Act on referral of that refusal under section 473CA of the Act (other than a decision to remit the application to the Minister for reconsideration)—35 days after the Immigration Assessment Authority makes the decision; or
(c) the grant of a further bridging visa to the holder in respect of his or her protection visa application; or
(d) if the holder withdraws the application for the protection visa or for review—35 days after that withdrawal.
(1A) For the purposes of subparagraph (1)(a)(ii) and paragraphs (1)(b), (ba) and (bb), the 35 day period begins to run:
(a) despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the paragraph or subparagraph; and
(b) irrespective of the validity of the decision.
(2) In the case of a visa that is taken to have been granted by operation of section 75 of the Act and that was applied for on the basis of judicial review—bridging visa coming into effect on grant and permitting the applicant to remain in Australia until:
(a) if another bridging visa is granted to the holder in respect of his or her application for judicial review—the grant of that bridging visa; or
(b) subject to paragraph (d), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or
(c) if the applicant withdraws the application for judicial review—28 days after that withdrawal; or
(d) if a court remits a matter to which the judicial review proceedings relate to the Tribunal, or to the Minister, for reconsideration—permitting the holder to remain in Australia in accordance with the relevant provision of clause 051.511.
051.6—Conditions
051.611
In the case of a visa that is taken to have been granted by operation of section 75 of the Act—conditions 8101, 8201, 8402, 8506 and 8513.
051.611A
(1) In the case of a visa granted to an applicant (whether or not the applicant is an applicant to which any other clause in this Division applies) who:
(a) applies for a protection visa; and
(b) has been in Australia for a period of 45 days or more, or for periods totalling 45 days or more, (not including any day for part of which the applicant was not in Australia) in the 12 months immediately before the date of that application; and
(c) is not within a class of persons specified in a legislative instrument made by the Minister for the purposes of this paragraph;
condition 8101, unless condition 8116 is imposed.
(2) If the applicant is an applicant to whom subclause (1) and clause 051.611 applies—conditions 8101, 8201, 8402, 8506 and 8513.
(3) In addition, if the applicant is an applicant to whom subclause (1) applies, any 1 or more of conditions 8104, 8116, 8201, 8401, 8505, 8506, 8507, 8508, 8510, 8511 and 8512 may be imposed.
(4) Condition 8116 must not be imposed unless the applicant is in a class of persons specified by the Minister, by legislative instrument, for this subclause.
051.612
(1) In any other case—any 1 or more of conditions 8101, 8104, 8116, 8201, 8401, 8505, 8506, 8507, 8508, 8510, 8511 and 8512 may be imposed.
(2) Condition 8116 must not be imposed unless the applicant is in a class of persons specified by the Minister, by legislative instrument, for this subclause.
051.613
In addition to any other condition imposed by another provision of this Division, condition 8564 may be imposed.
Subclass 060—Bridging F
060.1—Interpretation
Note: For human trafficking see regulation 1.03. There are no interpretation provisions specific to this Part.
060.2—Primary criteria
060.21—[No criteria to be satisfied at time of application]
060.22—Criteria to be satisfied at time of decision
060.221
The applicant has been identified as a suspected victim of human trafficking, slavery or slavery‑like practices.
060.222
Suitable arrangements have been made for the care, safety and welfare of the applicant in Australia for the proposed period of the visa.
060.223
If the bridging visa is granted, the applicant will abide by the conditions imposed on it.
060.224
If the applicant was the subject of an assistance notice when the application was made, the notice has not been revoked.
060.3—Secondary criteria
060.31—[No criteria to be satisfied at time of application]
060.32—Criteria to be satisfied at time of decision
060.321
The applicant is a member of the immediate family of, and made a combined application with, a person (the primary applicant) in relation to whom the primary criteria in Subdivision 060.22 are satisfied.
060.322
The applicant continues to be a member of the immediate family of the primary applicant.
060.323
Suitable arrangements have been made for the care, safety and welfare of the applicant in Australia for the proposed period of the visa.
060.324
If the bridging visa is granted, the applicant will abide by the conditions imposed on it.
060.325
If the primary applicant was the subject of an assistance notice when the application was made, the notice has not been revoked.
060.4—Circumstances applicable to grant
060.411
(1) An applicant:
(a) to whom subregulation 2.20(14) applies; and
(b) who applied for the visa using the application process described in subregulation 2.20B(2);
must be outside Australia when the visa is granted.
(2) An applicant:
(a) to whom subregulation 2.20(15) applies; and
(b) who applied for the visa using the application process described in subregulation 2.20B(2);
must be in Australia, but not in immigration clearance, when the visa is granted.
(3) An applicant:
(a) to whom subregulation 2.20(15) applies except that he or she has been immigration cleared; and
(b) who applied for the visa using the application process described in subregulation 2.20B(2);
must be in Australia when the visa is granted.
(4) In any other case, an applicant must be in Australia when the visa is granted.
060.5—When visa is in effect
060.511
(1) For a person to whom subregulation 2.20(14) applies, and who made an application in accordance with subregulation 2.20B(2)—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to travel to, and enter, Australia on 1 occasion until a date specified by the Minister; and
(c) permitting the holder to remain in Australia until a date specified by the Minister.
(2) For a person to whom subregulation 2.20(15) applies regardless of whether the person has been immigration cleared, and who made an application in accordance with subregulation 2.20B(2)—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to travel to, and enter, Australia on 1 occasion until a date specified by the Minister; and
(c) permitting the holder to remain in Australia until the earliest of the following:
(i) a date specified by the Minister;
(ii) 28 days after the day the assistance notice is revoked in writing by the Minister, the Secretary or an SES employee or acting SES employee of the Department.
(2A) For a person who is the subject of an assistance notice, or a person who is a member of the immediate family of such a person, other than a person to whom subclause (1) or (2) applies—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until 28 days after the day the assistance notice is revoked in writing by the Minister, the Secretary or an SES employee or acting SES employee of the Department.
(3) In any other case—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until the earliest of the following:
(i) a date specified by the Minister;
(ii) the end of 45 days after the date of the grant;
(iii) if:
(A) an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, under paragraph 1306(3)(d) of Schedule 1 that the holder has been identified as a suspected victim of human trafficking, slavery or slavery‑like practices; and
(B) an officer of that police force tells Immigration, in writing, that the holder is no longer identified as a suspected victim;
when the Minister gives a written notice to the holder, by one of the methods specified in section 494B of the Act, that the holder is no longer identified as a suspected victim;
(iv) if:
(A) a holder is a member of the immediate family of a person; and
(B) an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, under paragraph 1306(3)(d) of Schedule 1 that the person has been identified as a suspected victim of human trafficking, slavery or slavery‑like practices; and
(C) an officer of that police force tells Immigration, in writing, that the person is no longer identified as a suspected victim;
when the Minister gives a written notice to the holder, by one of the methods specified in section 494B of the Act, that the person is no longer identified as a suspected victim.
060.6—Conditions
060.611
In the case of a visa that is taken to have been granted by operation of section 75 of the Act—conditions 8101 and 8402.
060.612
In any other case, any one or more of conditions 8101, 8401, 8505 and 8506 may be imposed.
060.613
In addition to clauses 060.611 and 060.612, in the case of a visa that has been granted to a person who:
(a) made the application for the visa in accordance with subregulation 2.20B(2); and
(b) is the holder of the visa on the basis of satisfying the secondary criteria for the grant of the visa;
condition 8502 must be imposed.
Subclass 070—Bridging (Removal Pending)
070.1—Interpretation
070.111
In this Part:
eligible non‑citizen has the meaning given in regulation 2.20.
Note: See regulation 2.20A for how an application for a Bridging R (Class WR) visa is taken to have been validly made.
070.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
070.21—Criteria to be satisfied at time of application
070.211
The applicant is an eligible non‑citizen referred to in subregulation 2.20(12) who is taken to have made an application in accordance with subregulation 2.20A(2).
070.22—Criteria to be satisfied at time of decision
070.221
The applicant continues to satisfy the criterion set out in clause 070.211.
070.222
The Minister is satisfied that, if the bridging visa is granted, the applicant will abide by the conditions to which the visa is subject.
070.223
The applicant satisfies public interest criteria 4001 and 4002.
070.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
070.4—Circumstances applicable to grant
070.411
The applicant must be in immigration detention when the visa is granted.
070.5—When visa is in effect
070.511
Bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia; and
(c) ceasing at the time when the Minister gives a notice in writing to the holder, by one of the methods specified in section 494B of the Act, stating that:
(i) the Minister is satisfied that the holder’s removal from Australia is reasonably practicable; or
(ii) the holder has breached a condition to which the visa is subject.
070.6—Conditions
070.611
Conditions 8303, 8401, 8513, 8514, 8541, 8542 and 8543 must be imposed.
070.612
(1) If the Minister has granted the visa under regulation 2.25AA, conditions 8550, 8551, 8552, 8553, 8554, 8555, 8556, 8560, 8561, 8562 and 8563 must be imposed, in addition to any condition mentioned in clause 070.611.
(2) If the Minister has granted the visa under section 195A of the Act, conditions 8505, 8550, 8551, 8552, 8553, 8554, 8555, 8556, 8560, 8561, 8562, 8563, 8564 and 8578 may be imposed, in addition to any condition mentioned in clause 070.611.
070.613
In addition to any other condition imposed by another provision of this Division, if the person to whom the visa would be granted has signed a code of behaviour that is in effect for the Subclass 050 (Bridging (General)) visa, condition 8566 may be imposed.
Note: The requirement to sign a code of behaviour may be imposed in accordance with section 195A of the Act.
070.614
In addition to any other condition imposed by another provision of this Division, condition 8506 may be imposed.
Subclass 100—Partner
100.1—Interpretation
100.111
In this Part:
sponsoring partner, in relation to an applicant, means:
(a) an Australian citizen, Australian permanent resident, or eligible New Zealand citizen who was specified as the applicant’s spouse, intended spouse or de facto partner in the application that resulted in the grant of the Subclass 309 (Partner (Provisional)) visa mentioned in paragraph 100.221(2)(a), (2A)(a), (3)(a), (4)(a) or (4A)(a); or
(b) for a person to whom the Minister has decided, under section 345, 351, 417 or 501J of the Act, to grant a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa—the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was the spouse or de facto partner of that person at the time the visa was granted.
Note: Australian permanent resident, eligible New Zealand citizen, long‑term partner relationship and permanent humanitarian visa are defined in regulation 1.03, de facto partner is defined in section 5CB of the Act, and spouse is defined in section 5F of the Act.
100.2—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.
100.21—[No criteria to be satisfied at time of application]
100.22—Criteria to be satisfied at time of decision
100.221
(1) The applicant meets the requirements of subclause (2), (2A), (3), (4) or (4A).
(2) The applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 309 (Partner (Provisional)) visa; and
(b) the applicant is the spouse or de facto partner of the sponsoring partner; and
(c) subject to subclauses (5), (6) and (7), at least 2 years have passed since the application was made.
(2A) The applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 309 (Partner (Provisional)) visa which the Minister has decided, under section 345, 351, 417 or 501J of the Act, to grant to the applicant; and
(b) the applicant is the spouse or de facto partner of the sponsoring partner; and
(c) subject to subclauses (5), (6) and (7), at least 2 years have passed since the Minister made the decision mentioned in paragraph (a).
(3) The applicant meets the requirements of this subclause if the applicant:
(a) first entered Australia as the holder of a Subclass 309 (Partner (Provisional)) visa and continues to be the holder of that visa; and
(b) would meet the requirements of subclause (2) or (2A) except that, after the applicant first entered Australia as the holder of the visa mentioned in paragraph (a), the sponsoring partner has died; and
(c) satisfies the Minister that the applicant would have continued to be the spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died.
(4) The applicant meets the requirements of this subclause if:
(a) the applicant first entered Australia as the holder of a Subclass 309 (Partner (Provisional)) visa and continues to be the holder of that visa; and
(b) the applicant would meet the requirements of subclause (2) or (2A) except that the relationship between the applicant and the sponsoring partner has ceased; and
(c) after the applicant first entered Australia as the holder of the visa mentioned in paragraph (a)—either or both of the following circumstances applies:
(i) either or both of the following:
(A) the applicant;
(B) a member of the family unit of the sponsoring partner or of the applicant or of both of them;
has suffered family violence committed by the sponsoring partner;
(ii) the applicant:
(A) has custody or joint custody of, or access to; or
(B) has a residence order or contact order made under the Family Law Act 1975 relating to;
at least 1 child in respect of whom the sponsoring partner:
(C) has been granted joint custody or access by a court; or
(D) has a residence order or contact order made under the Family Law Act 1975; or
(E) has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation.
Note: For special provisions relating to family violence, see Division 1.5.
(4A) The applicant meets the requirements of this subclause:
(a) if the applicant held a Subclass 309 (Partner (Provisional)) visa that ceased on notification of a decision of the Minister to refuse a Subclass 100 visa; and
(b) if the Tribunal:
(i) has remitted that decision for reconsideration and, as a result, the Minister decides that the applicant satisfies the criteria for the grant of a Subclass 100 visa apart from the criterion that the applicant hold a Subclass 309 visa; or
(ii) has determined that the applicant satisfies the criteria for the grant of a Subclass 100 visa apart from the criterion that the applicant hold a Subclass 309 visa.
(5) Paragraphs (2)(c) and (2A)(c) do not apply to an applicant who at the time of making the application was in a long‑term partner relationship with the sponsoring partner.
(6) Paragraphs (2)(c) and (2A)(c) do not apply to an applicant whose sponsoring partner:
(a) is, or was, the holder of a permanent humanitarian visa; and
(b) before that permanent visa was granted, was in a married relationship or de facto relationship with the applicant of which Immigration was informed before that permanent visa was granted.
(7) Nothing in paragraphs (2)(c) and (2A)(c) prevents the Minister, less than 2 years after the application is made, from:
(a) refusing to grant a Subclass 100 visa; or
(b) granting a Subclass 100 visa to an applicant who meets the requirements of subclause (3) or (4).
100.222
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—public interest criterion 4019.
100.224
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 100 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4020; and
(b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 100 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
100.225
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
100.226
If:
(a) at least 2 years have passed since the application was made; and
(b) the applicant does not meet the requirements of subclause 100.221(2A), (3) or (4);
the applicant is nominated for the grant of the Subclass 100 visa by the sponsoring partner.
100.3—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.
100.31—Criteria to be satisfied at time of application
100.311
The applicant is a member of the family unit of a person who has applied for a Partner (Migrant) (Class BC) visa, and the Minister has not decided to grant or refuse to grant a visa to the person.
100.32—Criteria to be satisfied at time of decision
100.321
The applicant:
(a) is the holder of a Subclass 309 (Partner (Provisional)) visa that was granted on the basis that the applicant was a member of the family unit of another person who was the holder of a Subclass 309 visa, and that other person has been granted a Subclass 100 visa; or
(c) is the holder of a Subclass 445 (Dependent Child) visa that was granted on the basis that the applicant was the dependent child of a parent who was the holder of a Subclass 309 or 445 visa and who has been granted a Subclass 100 visa; or
(d) is a person:
(i) who holds:
(A) a Subclass 445 (Dependent Child) visa; or
(B) a Subclass 309 (Spouse (Provisional)) visa; or
(C) a Subclass 309 (Partner (Provisional)) visa;
which the Minister has decided, under section 345, 351, 417 or 501J of the Act, to grant to the applicant; and
(ii) who, at the time the visa mentioned in subparagraph (i) was granted, was the dependent child, or a member of the family unit, as the case requires, of another person:
(A) who, at the time mentioned in subparagraph (ii), was the holder of a Subclass 445 (Dependent Child) or a Subclass 309 (Partner (Provisional)) visa; and
(B) who, since the time mentioned in subparagraph (ii), has been granted a Subclass 100 visa.
100.322
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
100.324
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
100.4—Circumstances applicable to grant
100.411
The applicant must be:
(a) in Australia, but not in immigration clearance; or
(b) outside Australia;
when the visa is granted.
100.5—When visa is in effect
100.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
100.6—Conditions
100.611
If the applicant is outside Australia at the time of grant, first entry must be made before a date specified by the Minister for the purpose.
100.612
If the applicant meets the primary criteria and is outside Australia at the time of the grant, condition 8502 may be imposed before the applicant’s first entry to Australia as the holder of the visa.
100.613
If the applicant meets the secondary criteria and is outside Australia at the time of the grant, either or both of conditions 8502 and 8515 may be imposed before the applicant’s first entry to Australia as the holder of the visa.
Subclass 101—Child
101.1—Interpretation
Note: eligible New Zealand citizen, dependent child and step‑child are defined in regulation 1.03, adoption is defined in regulation 1.04, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A). There are no interpretation provisions specific to this Part.
101.2—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.
101.21—Criteria to be satisfied at time of application
101.211
(1) The applicant:
(a) is a dependent child of:
(i) an Australian citizen; or
(ii) the holder of a permanent visa; or
(iii) an eligible New Zealand citizen; and
(b) subject to subclause (2), has not turned 25; and
(c) either:
(i) is:
(A) the child (other than an adopted child); or
(B) the step‑child within the meaning of paragraph (b) of the definition of step‑child;
of the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in paragraph (a); or
(ii) was adopted overseas by a person who, at the time of adoption, was not an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen, but later became an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen.
(2) Paragraph (1)(b) does not apply to an applicant who, at the time of making the application, was a dependent child within the meaning of subparagraph (b)(ii) of the definition of dependent child.
101.212
The applicant is sponsored by a person who:
(a) has turned 18; and
(b) is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and
(c) is:
(i) the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in subclause 101.211(1); or
(ii) the cohabiting spouse or de facto partner of the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in subclause 101.211(1).
101.213
(1) If the applicant has turned 18:
(a) the applicant:
(i) is not engaged to be married; and
(ii) does not have a spouse or de facto partner; and
(iii) has never had a spouse or de facto partner; and
(b) the applicant is not engaged in full‑time work; and
(c) subject to subclause (2), the applicant has, since turning 18, or within 6 months or a reasonable time after completing the equivalent of year 12 in the Australian school system, been undertaking a full‑time course of study at an educational institution leading to the award of a professional, trade or vocational qualification.
(2) Paragraph (1)(c) does not apply to an applicant who, at the time of making the application, is a dependent child within the meaning of subparagraph (b)(ii) of the definition of dependent child.
101.22—Criteria to be satisfied at time of decision
101.221
(1) In the case of an applicant who had not turned 18 at the time of application, the applicant:
(a) continues to satisfy the criterion in clause 101.211; or
(b) does not continue to satisfy that criterion only because the applicant has turned 18.
(2) In the case of an applicant who had turned 18 at the time of application:
(a) the applicant:
(i) continues to satisfy the criterion in clause 101.211; or
(ii) does not continue to satisfy that criterion only because the applicant has turned 25; and
(b) the applicant continues to satisfy the criterion in clause 101.213.
101.222
The sponsorship referred to in clause 101.212 has been approved by the Minister and is still in force.
Note: Regulation 1.20KB limits the Minister’s discretion to approve sponsorships.
101.223
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
101.225
If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of Social Services.
101.226
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
101.227
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 101 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4020; and
(b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 101 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
101.228
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
101.3—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.
101.31—Criteria to be satisfied at the time of application
101.311
The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 101.21.
101.312
The sponsorship referred to in clause 101.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.
101.32—Criteria to be satisfied at time of decision
101.321
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 101 visa.
101.322
The sponsorship referred to in clause 101.312 has been approved by the Minister and is still in force.
101.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
101.325
If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that:
(a) the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of Social Services; or
(b) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
101.326
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
101.4—Circumstances applicable to grant
101.411
(1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies.
(2) This subclause applies to a visa if:
(a) the visa is granted after 26 February 2021; and
(b) the application for the visa was made before the end of the concession period described in subregulation 1.15N(1); and
(c) the applicant for the visa:
(i) was in Australia at any time during that concession period; and
(ii) is in Australia, but not in immigration clearance, when the visa is granted.
101.5—When visa is in effect
101.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
101.6—Conditions
101.611
First entry must be made before a date specified by the Minister for the purpose.
101.612
Either or both of conditions 8502 and 8515 may be imposed.
Subclass 102—Adoption
102.1—Interpretation
102.111
In this Part:
adoptive parent, in relation to an applicant, means the person referred to in paragraph 102.211(2)(b) or 102.211(5)(b).
child for adoption means an applicant referred to in subclause 102.211(3) or (4).
prospective adoptive parent, in relation to an applicant, means:
(a) the unmarried person referred to in subparagraph 102.211(3)(c)(i); or
(b) each of the spouses or de facto partners referred to in subparagraph 102.211(3)(c)(ii); or
(c) the Australian citizen, holder of a permanent visa or eligible New Zealand citizen referred to in paragraph 102.211(4)(c);
as the case requires.
Note: eligible New Zealand citizen is defined in regulation 1.03, and adoption is defined in regulation 1.04.
102.2—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.
102.21—Criteria to be satisfied at time of application
102.211
(1) The applicant meets the requirements of subclause (2), (3), (4) or (5).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant has not turned 18; and
(b) the applicant was adopted overseas by a person who:
(i) was, at the time of the adoption, an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and
(ii) had been residing overseas for more than 12 months at the time of the application; and
(c) the Minister is satisfied that the residence overseas by the adoptive parent was not contrived to circumvent the requirements for entry to Australia of children for adoption; and
(d) the adoptive parent has lawfully acquired full and permanent parental rights by the adoption.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant has not turned 18; and
(b) the applicant is resident in an overseas country; and
(c) either:
(i) a person who is not in a married relationship or de facto relationship, and who is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen has undertaken in writing to adopt the applicant; or
(ii) spouses or de facto partners, at least one of whom is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen, have undertaken in writing to adopt the applicant; and
(d) a competent authority in Australia:
(i) has approved the prospective adoptive parent as a suitable adoptive parent for the applicant; or
(ii) has approved the prospective adoptive parent and the spouse or de facto partner of the prospective adoptive parent as suitable adoptive parents for the applicant.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant has not turned 18; and
(b) the applicant is resident in an overseas country; and
(c) a competent authority in the overseas country has allocated the applicant for prospective adoption by a person who is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen, or such a person and that person’s spouse or de facto partner; and
(d) either:
(i) arrangements for the adoption are in accordance with the Adoption Convention; or
(ii) the adoption is of a kind that may be accorded recognition by regulation 5 of the Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 1998; and
(e) a competent authority in Australia:
(i) has approved the prospective adoptive parent as a suitable adoptive parent for the applicant; or
(ii) has approved the prospective adoptive parent and the spouse or de facto partner of the prospective adoptive parent as suitable adoptive parents for the applicant.
(5) An applicant meets the requirements of this subclause if:
(a) the applicant has not turned 18; and
(b) the applicant was adopted in accordance with the Adoption Convention, in an Adoption Convention country, by a person who was an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen when the adoption took place, or by such a person and that person’s spouse or de facto partner.
102.212
The applicant is sponsored by a person who is:
(a) an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and
(b) in the case of an applicant who is a child for adoption—a prospective adoptive parent of the child; and
(c) in the case of an applicant who is an adopted child—an adoptive parent of the child.
102.213
The laws relating to adoption of the country in which the child is normally resident have been complied with.
102.22—Criteria to be satisfied at time of decision
102.221
The applicant continues to satisfy the criteria in clauses 102.211 and 102.213.
102.222
The sponsorship referred to in clause 102.212 has been approved by the Minister and is still in force.
Note: Regulation 1.20KB limits the Minister’s discretion to approve sponsorships.
102.223
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4020 and 4021.
102.225
If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of Social Services.
102.226
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 102 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010 and 4020.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 102 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
102.227
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
102.227A
If the applicant has met the requirements of subclause 102.211(3), a competent authority in the overseas country has approved the departure of the applicant:
(a) for adoption in Australia; or
(b) in the custody of the prospective adoptive parent or parents.
102.228
(1) If:
(a) the applicant has met the requirements of subclause 102.211(4) or (5); and
(b) the adoption of the applicant took place overseas—
an adoption compliance certificate is in force in relation to the adoption.
(2) If:
(a) the applicant has met the requirements of subclause 102.211(4); and
(b) the adoption of the applicant is to take place in Australia—
the Minister is satisfied that a competent authority in the overseas country has given permission for the child to leave the overseas country in the care of a prospective adoptive parent for the purpose of adoption in Australia.
102.3—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.
102.31—Criteria to be satisfied at time of application
102.311
The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 102.21.
102.312
The sponsorship referred to in clause 102.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.
102.32—Criteria to be satisfied at time of decision
102.321
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 102 visa.
102.322
The sponsorship referred to in clause 102.312 has been approved by the Minister and is still in force.
102.323
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4020 and 4021.
102.325
If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that:
(a) the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of Social Services; or
(b) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
102.326
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
102.4—Circumstances applicable to grant
102.411
(1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies.
(2) This subclause applies to a visa if:
(a) the visa is granted after 26 February 2021; and
(b) the application for the visa was made before the end of the concession period described in subregulation 1.15N(1); and
(c) the applicant for the visa:
(i) was in Australia at any time during that concession period; and
(ii) is in Australia, but not in immigration clearance, when the visa is granted.
102.5—When visa is in effect
102.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
102.6—Conditions
102.611
First entry must be made before a date specified by the Minister for the purpose.
102.612
Either or both of conditions 8502 and 8515 may be imposed.
Subclass 103—Parent
103.1—Interpretation
Note: eligible New Zealand citizen, aged parent, close relative, guardian, outstanding and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5(1) of the Act, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
103.2—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.
103.21—Criteria to be satisfied at time of application
103.211
(1) The applicant is a parent of a person who is:
(a) a settled Australian citizen; or
(b) a settled Australian permanent resident; or
(c) a settled eligible New Zealand citizen.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 103.214(2).
103.212
(1) The applicant is sponsored in accordance with subclause (2) or (3).
(2) If the child has turned 18, the applicant is sponsored by:
(a) the child; or
(b) the child’s cohabiting spouse or de facto partner, if that spouse or de facto partner:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen.
(3) If the child has not turned 18, the applicant is sponsored by:
(a) the child’s cohabiting spouse, if that spouse:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(b) a person who:
(i) is a relative or guardian of the child; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(c) if the child has a cohabiting spouse but the spouse has not turned 18—a person who:
(i) is a relative or guardian of the child’s spouse; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(d) a community organisation.
(4) In this clause, the child means the settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen referred to in clause 103.211.
(5) This clause does not apply if the applicant meets the requirements of subclause 103.214(2).
103.213
(1) The applicant satisfies the balance of family test.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 103.214(2).
103.214
(1) The applicant meets the requirements of subclause (2).
(2) An applicant meets the requirements of this subclause if:
(a) on 8 May 2018:
(i) the applicant held a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; or
(ii) the last substantive visa held by the applicant was a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; and
(b) during the period commencing on 8 May 2018 and ending on the day the application for the Subclass 103 (Parent) visa is made, the applicant has not held any substantive visa other than a visa mentioned in subparagraph (a)(i); and
(c) the applicant was in Australia, but not in immigration clearance, when the application for the Subclass 103 (Parent) visa was made.
(3) This clause does not apply if the applicant satisfies the criteria in clauses 103.211, 103.212 and 103.213.
103.22—Criteria to be satisfied at time of decision
103.221
(1) The applicant continues to satisfy the criterion in clause 103.211.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 103.214(2).
103.222
(1) A sponsorship of the kind mentioned in clause 103.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application.
Note: The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in clause 103.212.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 103.214(2).
103.224
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
103.225
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
103.226
(1) The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 103.214(2).
103.227
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 103 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and
(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
(b) if he or she has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 103 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
103.228
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
103.229
If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
103.3—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.
103.31—Criteria to be satisfied at time of application
103.311
(1) The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 103.21.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 103.313(2).
103.312
(1) A sponsorship of the kind mentioned in clause 103.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 103.313(2).
103.313
(1) The applicant 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, and makes a combined application with, a person who has met the requirements of subclause 103.214(2); and
(b) on 8 May 2018:
(i) the applicant held a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; or
(ii) the last substantive visa held by the applicant was a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; and
(c) during the period commencing on 8 May 2018 and ending on the day the application for the Subclass 103 (Parent) visa is made, the applicant has not held any substantive visa other than a visa mentioned in subparagraph (b)(i); and
(d) the applicant was in Australia, but not in immigration clearance, when the application for the Subclass 103 (Parent) visa was made.
(3) This clause does not apply if the applicant satisfies the criteria in clauses 103.311 and 103.312.
103.32—Criteria to be satisfied at time of decision
103.321
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 103 visa.
103.322
(1) A sponsorship of the kind mentioned in clause 103.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant;
whether or not the sponsor was the sponsor when the Minister first approved a sponsorship.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 103.313(2).
103.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
103.324
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
103.325
(1) The Minister is satisfied that:
(a) the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of Social Services; or
(b) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 103.313(2).
103.326
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
103.327
If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
103.4—Circumstances applicable to grant
103.411
(1) Unless subclause (2) or (3) applies, the applicant must be outside Australia when the visa is granted.
(2) If the applicant:
(a) meets the requirements of subclause 103.214(2); or
(b) meets the requirements of subclause 103.313(2) on the basis that the applicant is a family member of the applicant mentioned in paragraph (a);
the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
(3) This subclause applies if:
(a) the application for the visa was made before 24 March 2021; and
(b) the applicant was in Australia on 24 March 2021; and
(c) the visa is granted after 23 March 2021; and
(d) the visa is granted before the end of the concession period described in subregulation 1.15N(1); and
(e) the applicant is in Australia, but not in immigration clearance, when the visa is granted.
103.5—When visa is in effect
103.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
103.6—Conditions
103.611
If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose.
103.612
Either or both of conditions 8502 and 8515 may be imposed.
Subclass 114—Aged Dependent Relative
114.1—Interpretation
Note: aged dependent relative, dependent child, eligible New Zealand citizen and settled are defined in regulation 1.03, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
114.2—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.
114.21—Criteria to be satisfied at time of application
114.211
The applicant is an aged dependent relative of a person who is:
(a) an Australian citizen; or
(b) an Australian permanent resident; or
(c) an eligible New Zealand citizen.
114.212
(1) The applicant is sponsored:
(a) if the Australian relative has turned 18 and is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen—by the Australian relative; or
(b) by the spouse or de facto partner of the Australian relative, if the spouse or de facto partner:
(i) cohabits with the Australian relative; and
(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
(iii) has turned 18.
(2) In this clause, the Australian relative means the person mentioned in clause 114.211 of whom the applicant is an aged dependent relative.
114.22—Criteria to be satisfied at time of decision
114.221
The applicant continues to satisfy the criterion in clause 114.211.
114.222
The sponsorship referred to in clause 114.212 has been approved by the Minister and is still in force.
114.223
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019, 4020 and 4021.
114.224
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
114.225
The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
114.226
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 114 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and
(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
(b) if the member has previously been in Australia, satisfies special return criteria 5001 and 5002.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 114 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
114.227
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
114.3—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.
114.31—Criteria to be satisfied at time of application
114.311
The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 114.21.
114.312
The sponsorship referred to in clause 114.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.
114.32—Criteria to be satisfied at time of decision
114.321
The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 114 visa.
114.322
The sponsorship referred to in clause 114.312 has been approved by the Minister and is still in force.
114.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
114.324
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
114.325
The Minister is satisfied that:
(a) the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of Social Services; or
(b) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
114.326
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
114.4—Circumstances applicable to grant
114.411
The applicant must be outside Australia when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
114.5—When visa is in effect
114.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
114.6—Conditions
114.611
First entry must be made before a date specified by the Minister for the purpose.
114.612
Either or both of conditions 8502 and 8515 may be imposed.
Subclass 115—Remaining Relative
115.1—Interpretation
Note: Australian relative, dependent child, eligible New Zealand citizen and settled are defined in regulation 1.03. Remaining relative is defined in regulation 1.15. De facto partner is defined in section 5CB of the Act (also see regulations 1.09A and 2.03A) and spouse is defined in section 5F of the Act (also see regulation 1.15A).
115.2—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.
115.21—Criteria to be satisfied at time of application
115.211
The applicant is a remaining relative of an Australian relative for the applicant.
115.212
The applicant is sponsored:
(a) if the Australian relative has turned 18 and is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen—by the Australian relative; or
(b) by the spouse or de facto partner of the Australian relative if:
(i) the spouse or de facto partner cohabits with the relative; and
(ii) the spouse or de facto partner is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
(iii) the spouse or de facto partner has turned 18.
115.22—Criteria to be satisfied at time of decision
115.221
The applicant continues to satisfy the criterion in clause 115.211.
115.222
A sponsorship of the kind mentioned in clause 115.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application.
Note: The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in clause 115.212.
115.223
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
115.224
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
115.225
The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
115.226
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 115 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and
(aa) if the member had turned 18 at the time of application, satisfies public interest criterion 4019; and
(b) if the member has previously been in Australia, satisfies special return criteria 5001 and 5002.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 115 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
115.227
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
115.229
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
115.3—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.
115.31—Criteria to be satisfied at time of application
115.311
The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 115.21.
115.312
A sponsorship of the kind mentioned in clause 115.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant.
115.32—Criteria to be satisfied at time of decision
115.321
The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 115 visa.
115.322
A sponsorship of the kind mentioned in clause 115.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant;
whether or not the sponsor was the sponsor at the time of application.
115.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
115.324
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
115.325
The Minister is satisfied that:
(a) the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of Social Services; or
(b) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
115.326
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
115.4—Circumstances applicable to grant
115.411
The applicant must be outside Australia when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
115.5—When visa is in effect
115.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
115.6—Conditions
115.611
First entry must be made before a date specified by the Minister for the purpose.
115.612
Either or both of conditions 8502 and 8515 may be imposed.
Subclass 116—Carer
116.1—Interpretation
Note: dependent child and eligible New Zealand citizen are defined in regulation 1.03, carer is defined in regulation 1.15AA, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
116.2—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.
116.21—Criteria to be satisfied at time of application
116.211
(1) The applicant claims to be a carer of an Australian relative of the applicant.
(2) In this clause, Australian relative, in relation to an applicant, means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
116.212
The applicant is sponsored:
(a) by the Australian relative mentioned in clause 116.211 if that relative has turned 18; or
(b) by the spouse or de facto partner of the Australian relative if:
(i) the spouse or de facto partner cohabits with the relative; and
(ii) the spouse or de facto partner is an Australian citizen or an Australian permanent resident or an eligible New Zealand citizen; and
(iii) the spouse or de facto partner has turned 18.
116.22—Criteria to be satisfied at time of decision
116.221
The applicant is a carer of the Australian relative mentioned in clause 116.211.
116.222
The sponsorship referred to in clause 116.212 has been approved by the Minister and is still in force.
116.223
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
116.224
If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.
116.226
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 116 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and
(aa) if the member had turned 18 at the time of application, satisfies public interest criterion 4019; and
(b) if the member has previously been in Australia, satisfies special return criterion 5001.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 116 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
116.227
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
116.229
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
116.3—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.
116.31—Criteria to be satisfied at time of application
116.311
The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 116.21.
116.312
The sponsorship referred to in clause 116.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.
116.32—Criteria to be satisfied at time of decision
116.321
The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 116 visa.
116.322
The sponsorship referred to in clause 116.312 has been approved by the Minister and is still in force.
116.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
116.324
If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.
116.326
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
116.4—Circumstances applicable to grant
116.411
The applicant must be outside Australia when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted, unless the applicant is a person in relation to whom the Minister has determined that the second instalment of the visa application charge should not be paid because the Minister is satisfied that payment of the instalment has caused, or is likely to cause, severe financial hardship to the applicant or to the person of whom the applicant is a carer.
116.5—When visa is in effect
116.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
116.6—Conditions
116.611
First entry must be made before a date specified by the Minister for the purpose.
116.612
Either or both of conditions 8502 and 8515 may be imposed.
Subclass 117—Orphan Relative
117.1—Interpretation
117.111
In this Part:
Australian relative means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Note: dependent child, eligible New Zealand citizen, relative and settled are defined in regulation 1.03, orphan relative is defined in regulation 1.14, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
117.2—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.
117.21—Criteria to be satisfied at time of application
117.211
The applicant:
(a) is an orphan relative of an Australian relative of the applicant; or
(b) is not an orphan relative only because the applicant has been adopted by the Australian relative mentioned in paragraph (a).
117.212
The applicant is sponsored:
(a) by the Australian relative, if the relative:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident, or a settled eligible New Zealand citizen; or
(b) by the spouse or de facto partner of the Australian relative, if the spouse or de facto partner:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
(iii) cohabits with the Australian relative.
117.22—Criteria to be satisfied at time of decision
117.221
The applicant:
(a) continues to satisfy the criterion in clause 117.211; or
(b) does not continue to satisfy that criterion only because the applicant has turned 18.
117.222
The sponsorship referred to in clause 117.212 has been approved by the Minister and is still in force.
Note: Regulation 1.20KB limits the Minister’s discretion to approve sponsorships.
117.223
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021.
117.224
If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of Social Services.
117.225
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 117 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 117 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
117.226
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
117.227
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
117.3—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.
117.31—Criteria to be satisfied at time of application
117.311
The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 117.21.
117.312
The sponsorship referred to in clause 117.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.
117.32—Criteria to be satisfied at time of decision
117.321
The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 117 visa.
117.322
The sponsorship referred to in clause 117.312 has been approved by the Minister and is still in force.
117.323
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021.
117.324
If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that:
(a) the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of Social Services; or
(b) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
117.325
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
117.4—Circumstances applicable to grant
117.411
The applicant must be outside Australia when the visa is granted.
117.5—When visa is in effect
117.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
117.6—Conditions
117.611
First entry must be made before a date specified by the Minister for the purpose.
117.612
Either or both of conditions 8502 and 8515 may be imposed.
Subclass 143—Contributory Parent
143.1—Interpretation
143.111
In this Part, a reference to an applicant who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa means a person:
(a) who, at the time of application, holds a Subclass 173 (Contributory Parent (Temporary)) visa; or
(b) who has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or
(c) in relation to whom the Minister is satisfied that compassionate and compelling circumstances exist for the person to be considered to have been the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of the application.
Note: Australian permanent resident, aged parent, eligible New Zealand citizen, close relative, guardian, outstanding, parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
143.2—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.
143.21—Criteria to be satisfied at time of application
143.211
(1) The applicant is:
(a) a parent of a person (the child) who is:
(i) a settled Australian citizen; or
(ii) a settled Australian permanent resident; or
(iii) a settled eligible New Zealand citizen; or
(b) a person who:
(i) either:
(A) is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; or
(B) both:
(I) was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; and
(II) is the holder of a substituted Subclass 600 visa at the time of application; and
(ii) is no longer the parent of a child described in paragraph (a) because the child has died; and
(iii) is not the parent of another child described in paragraph (a).
(2) If the applicant:
(a) is in Australia at the time of application; and
(b) is not the holder of a substantive visa;
the applicant satisfies criterion 3002.
(3) Subclauses (1) and (2) do not apply if the applicant meets the requirements of subclause 143.214(2).
143.212
(1) The applicant is:
(a) sponsored in accordance with subclause (2) or (3); or
(b) taken, under subclause (4), to be sponsored in accordance with this clause.
(2) If the child has turned 18, the applicant is sponsored by:
(a) the child; or
(b) the child’s cohabiting spouse or de facto partner, if that spouse or de facto partner:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen.
(3) If the child has not turned 18, the applicant is sponsored by:
(a) the child’s cohabiting spouse, if that spouse:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(b) a person who:
(i) is a relative or guardian of the child; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(c) if the child has a cohabiting spouse but the spouse has not turned 18—a person who:
(i) is a relative or guardian of the child’s spouse; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(d) a community organisation.
(4) The applicant is taken to be sponsored in accordance with this clause if:
(a) the applicant:
(i) is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; or
(ii) both:
(A) was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; and
(B) is the holder of a substituted Subclass 600 visa at the time of application; and
(b) the person who sponsored the applicant for the Subclass 173 (Contributory Parent (Temporary)) visa dies before the Subclass 173 (Contributory Parent (Temporary)) visa ceases to be in effect; and
(c) there is no other sponsor available who could meet the requirements set out in subclause (2) or (3).
(5) This clause does not apply if the applicant meets the requirements of subclause 143.214(2).
143.213
(1) For an applicant who, at the time of application, is neither:
(a) the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; nor
(b) the holder of a substituted Subclass 600 visa;
the applicant satisfies the balance of family test.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).
143.214
(1) The applicant meets the requirements of subclause (2).
(2) An applicant meets the requirements of this subclause if:
(a) on 8 May 2018:
(i) the applicant held a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; or
(ii) the last substantive visa held by the applicant since last entering Australia was a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; and
(b) during the period commencing on 8 May 2018 and ending on the day the application for the Subclass 143 (Contributory Parent) visa is made, the applicant has not held any substantive visa other than a visa mentioned in subparagraph (a)(i); and
(c) the applicant was in Australia, but not in immigration clearance, when the application for the Subclass 143 (Contributory Parent) visa was made.
(3) Subclause (1) does not apply if the applicant satisfies the criteria in clauses 143.211, 143.212 and 143.213.
143.22—Criteria to be satisfied at time of decision
143.221
(1) The applicant continues to meet the requirements set out in clause 143.211.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).
143.222
If a sponsorship of the kind mentioned in subclause 143.212(2) or (3) was in force in relation to the applicant at the time of application, a sponsorship of that kind, approved by the Minister, is in force in relation to:
(a) the sponsor at the time of application; or
(b) another sponsor who meets the requirements set out in subclause 143.212(2) or (3);
whether or not the sponsor was the sponsor at the time of application.
Note: The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in subclause 143.212(2) or (3).
143.222A
(1) If clause 143.222 does not apply:
(a) the applicant was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; and
(b) a sponsor of the applicant who usually resides in Australia dies before a decision is made to grant, or to refuse to grant, the Subclass 143 (Contributory Parent) visa; and
(c) there is no other sponsor available who meets the requirements set out in subclause 143.212(2) or (3).
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).
143.224
(1) The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).
143.225
(1) If the applicant was not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.
Item | If the applicant was … | the public interest criteria to be satisfied by the applicant are ... |
1 | not the holder of a substituted Subclass 600 visa at the time of application | 4004, 4005, 4009 and 4010 |
2 | the holder of a substituted Subclass 600 visa at the time of application | (a) 4009 and 4010; and (b) 4007 or, if the applicant has previously held a Subclass 173 visa, such health checks as the Minister considers appropriate |
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).
143.225AA
If the applicant meets the requirements of subclause 143.214(2), the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019, 4020 and 4021.
143.225A
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 143 visa is a person who satisfies public interest criterion 4020.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).
143.225B
If the applicant meets the requirements of subclause 143.214(2), each member of the family unit of the applicant who is an applicant for a Subclass 143 (Contributory Parent) visa is a person who satisfies:
(a) public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019 and 4020; and
(b) special return criteria 5001, 5002 and 5010.
143.226
If the applicant was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant has undergone any health checks that the Minister considers appropriate.
143.227
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
143.228
(1) The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).
143.229
(1) If the applicant was not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, each member of the family unit of the applicant who is an applicant for a Subclass 143 (Contributory Parent) visa:
(a) must satisfy the public interest criteria mentioned in the item in the table that relates to the applicant; and
(b) if the member of the family unit has previously been in Australia—must satisfy the special return criteria mentioned in the item in the table that relates to the applicant.
Item | If the applicant … | the public interest criteria to be satisfied by the member of the family unit are … | and if the member of the family unit has previously been in Australia, the special return criteria are … |
1 | was not the holder of a substituted Subclass 600 visa at the time of application | (a) 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application—4019 | 5001, 5002 and 5010 |
2 | was the holder of a substituted Subclass 600 visa at the time of application | (a) 4001, 4002, 4003, 4009 and 4010; and (b) either: (i) 4007; or (ii) if the member of the family unit has previously held a Subclass 173 visa—such health checks as the Minister considers appropriate; and (c) if the applicant had turned 18 at the time of application—4019 | 5001, 5002 and 5010 |
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).
143.230
If the applicant was not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, each member of the family unit of the applicant who is not an applicant for a Subclass 143 (Contributory Parent) visa must satisfy the public interest criteria mentioned in the item in the table that relates to the applicant.
Item | If the applicant was … | the public interest criteria to be satisfied by the member of the family unit are ... |
1 | not the holder of a substituted Subclass 600 visa at the time of application | (a) 4001, 4002, 4003 and 4004; and (b) 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion |
2 | the holder of a substituted Subclass 600 visa at the time of application | (a) 4001, 4002 and 4003; and (b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion |
143.231
If a person (the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
143.232
If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
143.3—Secondary criteria
143.31—Criteria to be satisfied at time of application
143.311
(1) Either:
(a) the applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 143.21; or
(b) each of the following applies:
(i) the applicant is a member of the family unit of a person (the other applicant) who:
(A) has applied for a Contributory Parent (Migrant) (Class CA) visa; and
(B) was in Australia at the time of application; and
(C) on the basis of the information provided in his or her application, appears to satisfy the criteria in Subdivision 143.21;
(ii) the other applicant is the holder of:
(A) a Subclass 173 (Contributory Parent (Temporary)) visa; or
(B) a substituted Subclass 600 visa;
(iii) the Minister has not decided to grant or refuse to grant the visa to the other applicant;
(iv) the applicant was in Australia at the time at which the applicant made the application for the Contributory Parent (Migrant) (Class CA) visa.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.313(2).
143.312
(1) One of the following applies:
(a) the sponsorship mentioned in subclause 143.212(2) or (3) of the person who satisfies the primary criteria includes sponsorship of the applicant;
(b) the person who satisfies the primary criteria, and the applicant, meet the requirements of subclause 143.212 (4);
(c) the applicant is a contributory parent newborn child who was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of the application and:
(i) the contributory parent newborn child’s parent was granted a Subclass 143 (Contributory Parent) visa on the basis of meeting paragraph 143.222(b); or
(ii) the person who sponsored the contributory parent newborn child’s parent for the Subclass 143 (Contributory Parent) visa died after that visa was granted.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.313(2).
143.313
(1) The applicant 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, and makes a combined application with, a person who has met the requirements of subclause 143.214(2); and
(b) on 8 May 2018:
(i) the applicant held a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; or
(ii) the last substantive visa held by the applicant was a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; and
(c) during the period commencing on 8 May 2018 and ending on the day the application for the Subclass 143 (Contributory Parent) visa is made, the applicant has not held any substantive visa other than a visa mentioned in subparagraph (b)(i); and
(d) the applicant was in Australia, but not in immigration clearance, when the application for the Subclass 143 (Contributory Parent) visa was made.
(3) Subclause (1) does not apply if the applicant satisfies the criteria in clauses 143.311 and 143.312.
143.32—Criteria to be satisfied at time of decision
143.321
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 143 visa.
143.322
(1) One of the following applies:
(a) the sponsorship, mentioned in paragraph 143.222(a), that includes sponsorship of the applicant:
(i) has been approved by the Minister in relation to the applicant; and
(ii) is still in force in relation to the applicant;
(b) the person who satisfied the primary criteria at the time of decision met the requirements of paragraph 143.222(b) at the time of decision, and the applicant meets those requirements at the time of decision;
(c) the applicant is a contributory parent newborn child who meets the requirements of paragraph 143.312(c).
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.313(2).
143.323
(1) The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.313(2).
143.324
(1) If the applicant was not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.
Item | If the applicant is a member of the family unit of a person who is mentioned in clause 143.321, and the person was … | the public interest criteria to be satisfied by the applicant are ... |
1 | not the holder of a substituted Subclass 600 visa at the time of application | 4004, 4005, 4009 and 4010 |
2 | the holder of a substituted Subclass 600 visa at the time of application | (a) 4009 and 4010; and (b) 4007 or, if the applicant has previously held a Subclass 173 visa, such health checks as the Minister considers appropriate |
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.313(2).
143.324A
If the applicant meets the requirements of subclause 143.313(2), the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019, 4020 and 4021.
143.325
For an applicant who was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant has undergone any health checks that the Minister considers appropriate.
143.326
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
143.327
(1) The Minister is satisfied that:
(a) the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of Social Services; or
(b) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.313(2).
143.328
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
143.329
If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
143.4—Circumstances applicable to grant
143.411
(1) If the applicant is, at the time of application:
(a) the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; or
(b) the holder of a substituted Subclass 600 visa; or
(c) a member of the family unit of an applicant who holds a substituted Subclass 600 visa; or
(d) an applicant:
(i) who is a member of the family unit of a person who is the holder of a Contributory Parent (Temporary) (Class UT) visa; and
(ii) to whom paragraph 143.311(b) applies;
the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
(2) If the applicant:
(a) meets the requirements of subclause 143.214(2); or
(b) meets the requirements of subclause 143.313(2) on the basis that the applicant is a family member of the applicant mentioned in paragraph (a);
the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
143.412
(1) Unless:
(a) clause 143.411 applies to the applicant at the time of application; or
(b) subclause (2) of this clause applies to the visa;
the applicant must be outside Australia when the visa is granted.
(2) This subclause applies to a visa if:
(a) the application for the visa was made before 24 March 2021; and
(b) the applicant for the visa was in Australia on 24 March 2021; and
(c) the visa is granted after 23 March 2021; and
(d) the visa is granted before the end of the concession period described in subregulation 1.15N(1); and
(e) the applicant for the visa is in Australia, but not in immigration clearance, when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
143.5—When visa is in effect
143.511
Permanent visa permitting the holder to travel to and enter Australia for 5 years after the date of grant.
143.6—Conditions
143.611
If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose.
143.612
Either or both of conditions 8502 and 8515 may be imposed.
Subclass 151—Former Resident
Note: This Subclass applies in relation to an application for a visa made on or after 1 November 2005.
Subclass 151 visas that relate to the former Special Eligibility (Migrant) (Class AR) visa will not be available to applicants who apply on or after 1 November 2005.
151.1—Interpretation
151.111
In this Part:
Australian defence service means:
(a) service in the Military Forces of the Commonwealth under a notice served under section 26 of the National Service Act 1951 as in force at any time before 26 November 1964; or
(b) service before 19 January 1981:
(i) in the Permanent Forces; or
(ii) by a member of the armed forces of a foreign country on secondment to, or duty with, the Permanent Forces if the member was a permanent resident of Australia during the period of service.
defence service applicant means an applicant who satisfies the Minister that he or she:
(a) has completed at least 3 months continuous Australian defence service; or
(b) was discharged before completing 3 months of Australian defence service because the applicant was medically unfit for service, or further service, and became medically unfit because of the applicant’s Australian defence service.
long residence applicant means an applicant who satisfies the Minister that he or she:
(a) spent the greater part of his or her life before the age of 18 in the migration zone as an Australian permanent resident; and
(b) did not at any time acquire Australian citizenship; and
(c) has maintained business, cultural or personal ties with Australia; and
(d) has not turned 45 at the time of application.
the Permanent Forces has the same meaning as it has in the Defence Act 1903.
151.2—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.
151.21—Criteria to be satisfied at time of application
151.211
If the applicant is in Australia, either:
(a) the applicant is the holder of a substantive visa, other than a Subclass 771 (Transit) visa; or
(b) the applicant:
(i) 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; and
(ii) satisfies Schedule 3 criterion 3002.
151.212
The applicant is a long residence applicant or a defence service applicant.
151.22—Criteria to be satisfied at time of decision
151.221
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4009, 4010 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
151.222
If the applicant is a long residence applicant who is outside Australia, the applicant also satisfies public interest criterion 4005.
151.223
If the applicant is:
(a) a long residence applicant who is in Australia; or
(b) a defence service applicant;
the applicant also satisfies public interest criterion 4007.
151.224
If the applicant is under 18, the applicant also satisfies public interest criteria 4017 and 4018.
151.225
If the applicant is a long residence applicant who is outside Australia:
(a) each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4005; and
(b) each member of the family unit of the applicant who is an applicant for a Special Eligibility (Class CB) visa is a person who:
(i) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(ii) if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and
(c) each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001, 5002 and 5010.
151.226
If the applicant is a long residence applicant who is in Australia:
(a) each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4007; and
(b) each member of the family unit of the applicant who is an applicant for a Special Eligibility (Class CB) visa is a person who:
(i) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(ii) if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and
(c) each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001 and 5002.
151.227
If the applicant is a defence service applicant:
(a) each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007 unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4007; and
(b) each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa, is a person who:
(i) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(ii) if the person had turned 18 at the time of application—satisfies public interest criterion 4019.
151.227A
If the applicant is a defence service applicant who is outside Australia, each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001, 5002 and 5010.
151.227B
If the applicant is a defence service applicant who is in Australia, each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001 and 5002.
151.228
If a person (an additional applicant):
(a) is a member of the family unit of the applicant; and
(b) is also an applicant for a Special Eligibility (Class CB) visa; and
(c) has not turned 18;
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
151.229
If the applicant:
(a) is in Australia; and
(b) has previously been in Australia;
the applicant satisfies special return criteria 5001 and 5002.
151.229A
If the applicant:
(a) is outside Australia; and
(b) has previously been in Australia;
the applicant satisfies special return criteria 5001, 5002 and 5010.
151.229B
If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of Social Services.
151.3—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.
151.31—Criteria to be satisfied at time of application
151.311
The applicant is a member of the family unit of a person who:
(a) has applied for a Special Eligibility (Class CB) visa; and
(b) on the basis of the information provided in that application, appears to satisfy the criteria in Subdivision 151.21;
and the Minister has not decided to grant or refuse to grant a visa to the person.
151.32—Criteria to be satisfied at time of decision
151.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa.
151.322
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4009, 4010 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
151.323
If the applicant is a member of the family unit of a person who:
(a) was a long residence applicant who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa; and
(b) was outside Australia at the time of the person’s application;
the applicant also satisfies public interest criterion 4005.
151.324
If the applicant is a member of the family unit of a person who:
(a) was a long residence applicant in Australia who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa; or
(b) was a defence service applicant who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa;
the applicant also satisfies public interest criterion 4007.
151.325
If the applicant has not turned 18, the applicant also satisfies public interest criteria 4017 and 4018.
151.326
If the applicant:
(a) is in Australia; and
(b) has previously been in Australia;
the applicant satisfies special return criteria 5001 and 5002.
151.327
If the applicant:
(a) is outside Australia; and
(b) has previously been in Australia;
the applicant satisfies special return criterion 5001, 5002 and 5010.
151.328
If the Minister has requested an assurance of support in relation to the person who satisfied the primary criteria, the Minister is satisfied that:
(a) the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of Social Services; or
(b) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
151.4—Circumstances applicable to grant
151.411
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
151.412
If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
151.5—When visa is in effect
151.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
151.6—Conditions
151.611
For an applicant who was outside Australia at the time of application:
(a) first entry must be made before a date specified by the Minister for the purpose; and
(b) condition 8502 may be imposed.
Note: No conditions have been prescribed for other applicants.
Subclass 155—Five Year Resident Return
155.1—Interpretation
Note: Australian permanent resident is defined in regulation 1.03.
155.2—Primary criteria
Note: All applicants must meet the primary criteria.
155.21—Criteria to be satisfied at time of application
155.211
The applicant:
(a) is an Australian permanent resident; or
(b) was an Australian citizen but has subsequently lost or renounced Australian citizenship; or
(c) is a former Australian permanent resident, other than a former Australian permanent resident whose most recent permanent visa was cancelled.
155.212
(1) The applicant meets the requirements of subclause (2), (3), (3A) or (4).
(2) The applicant meets the requirements of this subclause if the applicant was lawfully present in Australia for a period of, or periods that total, not less than 2 years in the period of 5 years immediately before the application for the visa and, during that time, the applicant:
(a) was:
(i) the holder of a permanent visa or a permanent entry permit; or
(ii) an Australian citizen; and
(b) was not the holder of:
(i) a temporary visa (other than a Subclass 601 (Electronic Travel Authority) visa, a Subclass 773 Border visa, Subclass 956 Electronic Travel Authority (Business Entrant—Long Validity) visa, Subclass 976 Electronic Travel Authority (Visitor) visa or Subclass 977 Electronic Travel Authority (Business Entrant—Short Validity) visa held concurrently with the permanent visa or the permanent entry permit); or
(ii) a bridging visa.
(3) The applicant meets the requirements of this subclause if the applicant is outside Australia, and the Minister is satisfied that the applicant has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia, and the applicant:
(a) has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence, and the applicant:
(i) holds a permanent visa; or
(ii) last departed Australia as an Australian permanent resident; or
(iii) last departed Australia as an Australian citizen, but has subsequently lost or renounced Australian citizenship; or
(b) was an Australian citizen, or an Australian permanent resident, less than 10 years before the application, and has not been absent from Australia for a period of, or periods that total, more than 5 years in the period from the date that the applicant last departed Australia as an Australian citizen or Australian permanent resident to the date of the application, unless there are compelling reasons for the absence.
(3A) The applicant meets the requirements of this subclause if the applicant is in Australia, and the Minister is satisfied that the applicant:
(a) has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia; and
(b) has not been absent from Australia for a continuous period of 5 years or more since:
(i) the date of grant of the applicant’s most recent permanent visa, unless there are compelling reasons for the absence; or
(ii) the date on which the applicant ceased to be a citizen, unless there are compelling reasons for the absence.
(4) The applicant meets the requirements of this subclause if the applicant is a member of the family unit of a person who:
(a) has been granted a Subclass 155 visa and that visa is still in effect; or
(b) meets the requirements of subclause (2), (3) or (3A) and has lodged a separate application for a Return (Residence) (Class BB) visa.
Note: Under clause 155.511:
(a) if the applicant is a member of the family unit of a person whose Subclass 155 visa will be in effect for one year or less, the applicant will be granted a visa permitting the holder to travel to and enter Australia for the period of effect; and
(b) if the applicant is a member of the family unit of a person whose Subclass 155 visa will be in effect for more than one year, the applicant will be granted a visa permitting the holder to travel to and enter Australia for one year from the date of grant.
155.22—Criteria to be satisfied at time of decision
155.221
If the applicant is outside Australia, the applicant satisfies special return criterion 5001.
155.222
The applicant satisfies public interest criterion 4021.
155.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
155.4—Circumstances applicable to grant
155.411
If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
155.412
If the application is made in Australia, the applicant may be in or outside Australia, but not in immigration clearance, at the time of grant.
155.5—When visa is in effect
155.511
Permanent visa permitting the holder to travel to and enter Australia for:
(a) if:
(i) subclause 155.212(4) applies to the applicant; and
(ii) the period of the Subclass 155 visa mentioned in that subclause is one year or less;
the period of the Subclass 155 visa; or
(aa) if:
(i) subclause 155.212(4) applies to the applicant; and
(ii) the period of the Subclass 155 visa mentioned in that subclause is more than one year;
one year; or
(b) if the applicant met the requirements of clause 155.211 and subclause 155.212(2) at the time of application—a period of 5 years from the date of grant; or
(c) in any other case:
(i) a period of one year from the date of the grant; or
(ii) a shorter period determined by the Minister.
155.6—Conditions: Nil.
Subclass 157—Three Month Resident Return
157.1—Interpretation
Note: Australian permanent resident is defined in regulation 1.03.
157.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
157.21—Criteria to be satisfied at time of application
157.211
The applicant:
(a) is an Australian permanent resident; or
(b) was an Australian citizen but has subsequently lost or renounced Australian citizenship; or
(c) is a former Australian permanent resident, other than a former Australian permanent resident whose most recent permanent visa was cancelled.
157.212
(1) The applicant meets the requirements of subclause (2) or (3).
(2) The applicant meets the requirements of this subclause if the applicant:
(a) was lawfully present in Australia for a period of, or periods that total, not less than 1 day but less than 2 years in the period of 5 years immediately before the application for the visa and, during that time, the applicant:
(i) was:
(A) the holder of a permanent visa or a permanent entry permit; or
(B) an Australian citizen; and
(ii) was not the holder of:
(A) a temporary visa (other than a Subclass 601 (Electronic Travel Authority) visa, a Subclass 773 Border visa, Subclass 956 Electronic Travel Authority (Business Entrant—Long Validity) visa, Subclass 976 Electronic Travel Authority (Visitor) visa or Subclass 977 Electronic Travel Authority (Business Entrant—Short Validity) visa held concurrently with the permanent visa or the permanent entry permit); or
(B) a bridging visa; and
(b) either:
(i) has compelling and compassionate reasons for departing Australia; or
(ii) if outside Australia, had compelling and compassionate reasons for his or her last departure from Australia.
(3) The applicant meets the requirements of this subclause if the applicant is a member of the family unit of a person who:
(a) has been granted a Subclass 157 visa and that visa is still in effect; or
(b) meets the requirements of subclause (2) and has lodged a separate application for a Return (Residence) (Class BB) visa.
157.213
If the applicant is outside Australia, the applicant has not been absent from Australia for a continuous period of more than 3 months immediately before making the application for the visa, unless the Minister is satisfied that there are compelling and compassionate reasons for the absence.
157.22—Criteria to be satisfied at time of decision
157.221
If the applicant is outside Australia, the applicant satisfies special return criterion 5001.
157.222
The applicant satisfies public interest criterion 4021.
157.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
157.4—Circumstances applicable to grant
157.411
If the application is made outside Australia, the applicant must be outside Australia at time of grant.
157.412
If the application is made in Australia, the applicant may be in or outside Australia, but not in immigration clearance, at the time of grant.
157.5—When visa is in effect
157.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 3 months from the date of grant.
157.6—Conditions: Nil.
Subclass 159—Provisional Resident Return
159.1—Interpretation
Note: Australian permanent resident is defined in regulation 1.03.
159.2—Primary criteria
159.21—Criteria to be satisfied at time of application
159.211A
The applicant satisfies:
(a) clauses 159.211, 159.212, 159.212A and 159.213; or
(b) clause 159.214 (which applies in relation to some former holders of Norfolk Island immigration permits).
159.211
The applicant claims, but is unable to prove, that immediately before going overseas he or she was:
(a) an Australian permanent resident; or
(b) an Australian citizen who was usually resident in Australia.
159.212
If the applicant could prove that claim, the applicant would satisfy the criteria for the grant of a Subclass 155 or 157 visa.
159.212A
The Minister is satisfied that the applicant is not an Australian citizen.
159.213
The applicant gives the Minister a written statement that satisfies the Minister that:
(a) the applicant has urgent and compelling reasons for travelling to Australia before proving the claim; and
(b) entry of the applicant to Australia before the claim is proved will not prejudice the interests of Australia; and
(c) there are reasonable grounds for believing that the claim can be proved.
159.214
(1) This clause applies if paragraph 1216(3A)(a) or (b) of Schedule 1 covers the application.
Note: Paragraphs 1216(3A)(a) and (b) of Schedule 1 cover applications made on the basis of the former migration status under the Immigration Act 1980 (Norfolk Island) of the applicant or a parent of the applicant.
(2) The application must be made before 1 July 2017, unless the Minister is satisfied that there are compelling reasons for granting the visa.
159.22—Criteria to be satisfied at time of decision
159.221A
The applicant satisfies:
(a) clauses 159.221 and 159.222; or
(b) clause 159.223 (which applies in relation to some former holders of Norfolk Island immigration permits).
159.221
There is no evidence that the applicant does not satisfy special return criteria 5001, 5002 and 5010.
159.222
The applicant satisfies public interest criterion 4021.
159.223
(1) This clause applies if paragraph 1216(3A)(a) or (b) of Schedule 1 covers the application.
(2) The applicant satisfies special return criteria 5001, 5002 and 5010.
(3) The applicant satisfies:
(a) public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4014, 4020 and 4021; and
(b) if the applicant has not turned 18 at the time of the application—public interest criteria 4012, 4017 and 4018; and
(c) if the applicant has turned 18 at the time of the application—public interest criterion 4019.
(4) If a person (the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
159.3—Secondary criteria
Note: These criteria must be satisfied by applicants whose application is covered by paragraph 1216(3A)(c) of Schedule 1.
159.31—Criteria to be satisfied at time of application
159.311
The following requirements are met:
(a) the applicant was born in Australia on or after 1 July 2016;
(b) the applicant is a dependent child of another applicant (the parent applicant);
(c) paragraph 1216(3A)(a) or (b) of Schedule 1 covers the parent applicant’s application;
(d) the applicant made a combined application with the parent applicant.
159.32—Criteria to be satisfied at time of decision
159.321
(1) The parent applicant mentioned in paragraph 159.311(b) is granted a Subclass 159 visa on the basis of satisfying clause 159.214.
(2) The applicant satisfies public interest criteria 4007, 4010, 4012, 4014, 4017, 4018, 4020 and 4021.
159.4—Circumstances applicable to grant
159.411A
The applicant satisfies clause 159.411 or 159.412 (which applies in relation to some former holders of Norfolk Island immigration permits).
159.411
The applicant must be outside Australia when the visa is granted.
159.412
(1) This clause applies if the applicant satisfies clause 159.214 or 159.311.
(2) The applicant may be in or outside Australia when the visa is granted, but must not be in immigration clearance.
159.5—When visa is in effect
159.511
Visa granted on the basis of satisfaction of clauses 159.211 to 159.213: temporary visa permitting the holder to travel to and enter Australia once only within 3 months of grant and to remain in Australia for 3 months.
159.512
(1) Visa granted on the basis of satisfaction of clause 159.214: temporary visa permitting the holder to travel to, enter and remain in Australia for the shorter of the following periods:
(a) 6 years and 6 months after the date of the grant of the visa;
(b) the period, after the date of the grant of the visa, ending on 31 December 2023.
(2) Visa granted on the basis of satisfaction of clause 159.311 in relation to a parent applicant mentioned in paragraph 159.311(b): temporary visa permitting the holder to travel to, enter and remain in Australia for the period permitted in relation to the parent applicant under subclause (1) of this clause.
159.6—Conditions
159.611
Visa granted on the basis of satisfaction of clauses 159.211, 159.212, 159.212A and 159.213: holder must travel to and enter Australia within 3 months of grant of the visa.
159.612
Visa granted on the basis of satisfaction of clause 159.214 or 159.311: condition 8549 must be imposed.
Subclass 160—Business Owner (Provisional)
160.1—Interpretation
Note 1: appropriate regional authority, AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03 and main business is defined in regulation 1.11.
Note 2: As to beneficial ownership of an asset or ownership interest, see regulation 1.11A.
Note 3: There are no interpretation provisions specific to this Part.
160.2—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.
160.21—Criteria to be satisfied at time of application
160.211
The applicant has overall had a successful business career.
160.212
For at least 2 of the 4 fiscal years immediately before the application is made:
(a) the net value of the assets of:
(i) the applicant; or
(ii) the applicant’s spouse or de facto partner; or
(iii) the applicant and his or her spouse or de facto partner together;
in a qualifying business or qualifying businesses in which the applicant had an ownership interest was at least AUD200 000; and
(b) if a qualifying business mentioned in paragraph (a) was operated by a publicly listed company, the shareholding of:
(i) the applicant; or
(ii) the applicant’s spouse or de facto partner; or
(iii) the applicant and his or her spouse or de facto partner together;
was at least 10% of the total issued capital of the company.
160.213
For at least 2 of the 4 fiscal years immediately before the application is made, the applicant’s main business, or the applicant’s main businesses together, had an annual turnover of at least AUD500 000.
160.214
(1) The business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together:
(a) have a net value of at least AUD800 000; and
(b) are lawfully acquired and available for transfer, and capable of being transferred, to Australia within 2 years after the grant of a Subclass 160 visa.
(2) The applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, have business and personal assets, in addition to the assets mentioned in subclause (1), that the Minister is satisfied are of a sufficient net value to settle in Australia.
160.215
The applicant is less than 45 years old.
160.216
The applicant has vocational English within the meaning given by regulation 1.15B.
160.217
If the applicant was engaged, for at least 2 of the 4 fiscal years immediately before the application is made, 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.
160.218
Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
160.219
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.
160.219A
The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Subclass 160 visa:
(a) either:
(i) to establish a qualifying business in Australia; or
(ii) to participate in an existing qualifying 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.
160.219B
The applicant demonstrates that there is a need for the applicant to be temporarily resident in Australia to conduct or establish the proposed business activity.
160.219C
The applicant has signed a declaration that the applicant understands his or her obligations as the holder of a Subclass 160 visa.
160.22—Criteria to be satisfied at time of decision
160.221
The applicant continues to satisfy the criteria in clauses 160.211, 160.214, 160.218, 160.219A and 160.219B.
160.222
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
160.223
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
160.224
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 160 visa:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
(aa) if the member had turned 18 at the time of application—satisfies public interest criterion 4019; and
(b) if the member has previously been in Australia—satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 160 visa:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004 and 4020; and
(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion.
160.225
If a person:
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the person.
160.226
The Minister is satisfied that:
(a) the applicant is the holder of a valid passport that:
(i) was issued to the applicant by an official source; and
(ii) is in the form issued by the official source; or
(b) it would be unreasonable to require the applicant to be the holder of a passport.
160.3—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.
160.31—Criteria to be satisfied at time of application
160.311
The applicant is a member of the family unit of a person who:
(a) satisfies the primary criteria in Subdivision 160.21; or
(b) holds a Subclass 160 visa.
160.32—Criteria to be satisfied at time of decision
160.321
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 160 visa.
160.322
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
160.323
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
160.324
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
160.4—Circumstances applicable to grant
160.411
(1) If the applicant:
(a) satisfies the secondary criteria; and
(b) holds a student visa at the time of application;
the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
(2) In any other case, the applicant must be outside Australia when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
160.5—When visa is in effect
160.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
160.6—Conditions
160.611
If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose.
160.612
If the applicant is outside Australia when the visa is granted, either or both of conditions 8502 and 8515 may be imposed.
Subclass 161—Senior Executive (Provisional)
161.1—Interpretation
161.111
In this Part:
major business means a business (other than a government business enterprise) the annual turnover of which was at least AUD50 000 000 for at least 2 of the 4 fiscal years immediately before the application is made.
Note 1: appropriate regional authority, AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03.
Note 2: As to beneficial ownership of an asset or ownership interest, see regulation 1.11A.
161.2—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.
161.21—Criteria to be satisfied at time of application
161.211
The applicant has overall had a successful business career.
161.212
For a total of at least 2 years in the 4 years immediately before the application is made, 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.
161.213
(1) The business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together:
(a) have a net value of at least AUD800 000; and
(b) are lawfully acquired and available for transfer, and capable of being transferred, to Australia within 2 years after the grant of a Subclass 161 visa to the applicant.
(2) The applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, have business and personal assets, in addition to the assets mentioned in subclause (1), that the Minister is satisfied are of a sufficient net value to settle in Australia.
161.214
The applicant is less than 45 years old.
161.215
The applicant has vocational English within the meaning given by regulation 1.15B.
161.216
Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
161.217
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.
161.218
The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Subclass 161 visa:
(a) either:
(i) to establish a qualifying business in Australia; or
(ii) to participate in an existing qualifying 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.
161.219
The applicant demonstrates that there is a need for the applicant to be temporarily resident in Australia to conduct or establish the proposed business activity.
161.219A
The applicant has signed a declaration that the applicant understands his or her obligations as the holder of a Subclass 161 visa.
161.22—Criteria to be satisfied at time of decision
161.221
The applicant continues to satisfy the criteria in clauses 161.211, 161.213, 161.216, 161.218 and 161.219.
161.222
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
161.223
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
161.224
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 161 visa:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
(aa) if the member had turned 18 at the time of application—satisfies public interest criterion 4019; and
(b) if the member has previously been in Australia—satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 161 visa:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004 and 4020; and
(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion.
161.225
If a person:
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the person.
161.226
The Minister is satisfied that:
(a) the applicant is the holder of a valid passport that:
(i) was issued to the applicant by an official source; and
(ii) is in the form issued by the official source; or
(b) it would be unreasonable to require the applicant to be the holder of a passport.
161.3—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.
161.31—Criteria to be satisfied at time of application
161.311
The applicant is a member of the family unit of a person who:
(a) satisfies the primary criteria in Subdivision 161.21; or
(b) holds a Subclass 161 visa.
161.32—Criteria to be satisfied at time of decision
161.321
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 161 visa.
161.322
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
161.323
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
161.324
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
161.4—Circumstances applicable to grant
161.411
(1) If the applicant:
(a) satisfies the secondary criteria; and
(b) holds a student visa at the time of application;
the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
(2) In any other case, the applicant must be outside Australia when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
161.5—When visa is in effect
161.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
161.6—Conditions
161.611
If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose.
161.612
If the applicant is outside Australia when the visa is granted, either or both of conditions 8502 and 8515 may be imposed.
Subclass 162—Investor (Provisional)
162.1—Interpretation
162.111
In this Part:
designated investment means an investment in a security specified by the Minister under regulation 5.19A for this Part.
eligible investment, for 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 purpose of producing a return by way of income or capital gain and is not held for personal use.
Note 1: appropriate regional authority, AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03.
Note 2: As to beneficial ownership of an asset, eligible investment or ownership interest, see regulation 1.11A.
162.2—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.
162.21—Criteria to be satisfied at time of application
162.211
The applicant has demonstrated overall a successful record of eligible investment activity or qualifying business activity.
162.212
(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 before the application is made:
(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 or de facto partner 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’s spouse or de facto partner; or
(iii) the applicant and his or her spouse or de facto partner together;
the total net value of which was at least AUD1 500 000.
(3) Throughout the 2 fiscal years immediately before the application is made, the net value of the business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, was at least AUD2 250 000.
162.213
The applicant has demonstrated a high level of management skill in relation to an eligible investment or qualifying business activity.
162.214
The applicant is less than 45 years old.
162.215
The applicant has vocational English within the meaning given by regulation 1.15B.
162.216
Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia.
162.217
The applicant has notified the appropriate regional authority of a State or Territory of:
(a) the applicant’s business and investment history; and
(b) the applicant’s intention to lodge a designated investment in that State or Territory.
162.218
The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Subclass 162 visa, to continue to maintain business or investment activity in Australia after the designated investment made by the applicant, or by the applicant and his or her spouse or de facto partner, has matured.
162.219
The applicant has signed a declaration that the applicant understands his or her obligations as the holder of a Subclass 162 visa.
162.22—Criteria to be satisfied at time of decision
162.221
The applicant continues to satisfy the criteria in clauses 162.211, 162.213, 162.216 and 162.218.
162.222
(1) The applicant has made a designated investment of an amount of AUD1 500 000 in the name of the applicant or in the names of the applicant and his or her spouse or de facto partner.
(2) The Minister is satisfied that the funds mentioned in subclause (1) were:
(a) legally owned by:
(i) the applicant; or
(ii) the applicant’s spouse or de facto partner; or
(iii) the applicant and his or her spouse or de facto partner together; and
(b) unencumbered; and
(c) accumulated from the qualifying business or eligible investment activities of:
(i) the applicant; or
(ii) the applicant’s spouse or de facto partner; or
(iii) the applicant and his or her spouse or de facto partner together.
162.223
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
162.224
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
162.225
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 162 visa:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
(aa) if the member had turned 18 at the time of application—satisfies public interest criterion 4019; and
(b) if the member has previously been in Australia—satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 162 visa:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004 and 4020; and
(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion.
162.226
If a person:
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the person.
162.227
The Minister is satisfied that:
(a) the applicant is the holder of a valid passport that:
(i) was issued to the applicant by an official source; and
(ii) is in the form issued by the official source; or
(b) it would be unreasonable to require the applicant to be the holder of a passport.
162.3—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.
162.31—Criteria to be satisfied at time of application
162.311
The applicant is a member of the family unit of a person who:
(a) satisfies the primary criteria in Subdivision 162.21; or
(b) holds a Subclass 162 visa.
162.32—Criteria to be satisfied at time of decision
162.321
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 162 visa.
162.322
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
162.323
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
162.324
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
162.4—Circumstances applicable to grant
162.411
(1) If the applicant:
(a) satisfies the secondary criteria; and
(b) holds a student visa at the time of application;
the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
(2) In any other case, the applicant must be outside Australia when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
162.5—When visa is in effect
162.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
162.6—Conditions
162.611
If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose.
162.612
If the applicant is outside Australia when the visa is granted, either or both of conditions 8502 and 8515 may be imposed.
Subclass 163—State/Territory Sponsored Business Owner (Provisional)
163.1—Interpretation
Note 1: appropriate regional authority, AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03 and main business is defined in regulation 1.11.
Note 2: As to beneficial ownership of an asset or ownership interest, see regulation 1.11A.
163.2—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.
163.21—Criteria to be satisfied at time of application
163.211
The applicant has overall had a successful business career.
163.212
The applicant has, for at least 2 of the 4 fiscal years immediately before the application is made, had an ownership interest in a main business or businesses that had an annual turnover of at least AUD300 000.
163.213
(1) The business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together:
(a) have a net value of at least AUD500 000 that is available for the conduct or establishment of a business in Australia; and
(b) are lawfully acquired and available for transfer, and capable of being transferred, to Australia within 2 years after the grant of a Subclass 163 visa.
(2) The applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, have business and personal assets, in addition to the assets mentioned in subclause (1), that the appropriate regional authority is satisfied are of a sufficient net value to settle in Australia.
163.214
The applicant:
(a) is less than 55 years old; or
(b) is proposing to establish or participate in a business that the appropriate regional authority has determined is of exceptional economic benefit to the State or Territory where the authority is located.
163.215
If the applicant was engaged, for at least 2 of the 4 fiscal years immediately before the application is made, 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.
163.216
Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
163.217
The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Subclass 163 visa:
(a) either:
(i) to establish a qualifying business in Australia; or
(ii) to participate in an existing qualifying 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.
163.218
The applicant demonstrates that there is a need for the applicant to be temporarily resident in Australia to conduct or establish the proposed business activity.
163.219
The applicant has signed a declaration that the applicant understands his or her obligations as the holder of a Subclass 163 visa.
163.22—Criteria to be satisfied at time of decision
163.221
The applicant continues to satisfy the criteria in clauses 163.211, 163.213 and 163.216 to 163.218.
163.222
(1) The applicant is sponsored by an appropriate regional authority.
(2) Form 949 is signed by an officer of the authority who is authorised to sign a sponsorship of that kind.
163.223
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
163.224
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
163.225
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 163 visa:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
(aa) if the member had turned 18 at the time of application—satisfies public interest criterion 4019; and
(b) if the member has previously been in Australia—satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 163 visa:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004 and 4020; and
(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion.
163.226
If a person:
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the person.
163.227
The Minister is satisfied that:
(a) the applicant is the holder of a valid passport that:
(i) was issued to the applicant by an official source; and
(ii) is in the form issued by the official source; or
(b) it would be unreasonable to require the applicant to be the holder of a passport.
163.3—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.
163.31—Criteria to be satisfied at time of application
163.311
The applicant is a member of the family unit of a person who:
(a) satisfies the primary criteria in Subdivision 163.21; or
(b) holds a Subclass 163 visa.
163.32—Criteria to be satisfied at time of decision
163.321
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 163 visa.
163.322
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
163.323
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
163.324
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
163.4—Circumstances applicable to grant
163.411
(1) If the applicant:
(a) satisfies the secondary criteria; and
(b) holds a student visa at the time of application;
the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
(2) In any other case, the applicant must be outside Australia when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
163.5—When visa is in effect
163.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
163.6—Conditions
163.611
If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose.
163.612
If the applicant is outside Australia when the visa is granted, either or both of conditions 8502 and 8515 may be imposed.
Subclass 164—State/Territory Sponsored Senior Executive (Provisional)
164.1—Interpretation
164.111
In this Part:
major business means a business (other than a government business enterprise) the annual turnover of which was at least AUD10 000 000 in at least 2 of the 4 fiscal years immediately before the application is made.
Note 1: appropriate regional authority, AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03.
Note 2: As to beneficial ownership of an asset or ownership interest, see regulation 1.11A.
164.2—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.
164.21—Criteria to be satisfied at time of application
164.211
The applicant has overall had a successful business career.
164.212
For a total of at least 2 years in the 4 years immediately before the application is made, 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.
164.213
(1) The business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together:
(a) have a net value of at least AUD500 000 that is available for the conduct or establishment of a business in Australia; and
(b) are lawfully acquired and available for transfer, and capable of being transferred, to Australia within 2 years after the grant of a Subclass 164 visa to the applicant.
(2) The applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, have business and personal assets, in addition to the assets mentioned in subclause (1), that the appropriate regional authority is satisfied are of a sufficient net value to settle in Australia.
164.214
The applicant:
(a) is less than 55 years old; or
(b) is proposing to establish or participate in a business that the appropriate regional authority has determined is of exceptional economic benefit to the State or Territory where the authority is located.
164.215
Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
164.216
The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Subclass 164 visa:
(a) either:
(i) to establish a qualifying business in Australia; or
(ii) to participate in a qualifying 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.
164.217
The applicant demonstrates that there is a need for the applicant to be temporarily resident in Australia to conduct or establish the proposed business activity.
164.218
The applicant has signed a declaration that the applicant understands his or her obligations as the holder of a Subclass 164 visa.
164.22—Criteria to be satisfied at time of decision
164.221
The applicant continues to satisfy the criteria in clauses 164.211, 164.213 and 164.215 to 164.217.
164.222
(1) The applicant is sponsored by an appropriate regional authority.
(2) Form 949 is signed by an officer of the authority who is authorised to sign a sponsorship of that kind.
164.223
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
164.224
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
164.225
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 164 visa:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
(aa) if the member had turned 18 at the time of application—satisfies public interest criterion 4019; and
(b) if the member has previously been in Australia—satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 164 visa:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004 and 4020; and
(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion.
164.226
If a person:
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the person.
164.227
The Minister is satisfied that:
(a) the applicant is the holder of a valid passport that:
(i) was issued to the applicant by an official source; and
(ii) is in the form issued by the official source; or
(b) it would be unreasonable to require the applicant to be the holder of a passport.
164.3—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.
164.31—Criteria to be satisfied at time of application
164.311
The applicant is a member of the family unit of a person who:
(a) satisfies the primary criteria in Subdivision 164.21; or
(b) holds a Subclass 164 visa.
164.32—Criteria to be satisfied at time of decision
164.321
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 164 visa.
164.322
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
164.323
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
164.324
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
164.4—Circumstances applicable to grant
164.411
(1) If the applicant:
(a) satisfies the secondary criteria; and
(b) holds a student visa at the time of application;
the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
(2) In any other case, the applicant must be outside Australia when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
164.5—When visa is in effect
164.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
164.6—Conditions
164.611
If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose.
164.612
If the applicant is outside Australia when the visa is granted, either or both of conditions 8502 and 8515 may be imposed.
Subclass 165—State/Territory Sponsored Investor (Provisional)
165.1—Interpretation
165.111
In this Part:
designated investment means an investment in a security specified by the Minister under regulation 5.19A for this Part.
eligible investment, for 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 purpose of producing a return by way of income or capital gain and is not held for personal use.
Note 1: appropriate regional authority, AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03.
Note 2: As to beneficial ownership of an asset, eligible investment or ownership interest, see regulation 1.11A.
165.2—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.
165.21—Criteria to be satisfied at time of application
165.211
The applicant has demonstrated overall a successful record of eligible investment activity or qualifying business activity.
165.212
(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 before the application is made:
(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 or de facto partner 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’s spouse or de facto partner; or
(iii) the applicant and his or her spouse or de facto partner together;
the total net value of which was at least AUD750 000.
(3) Throughout the 2 fiscal years immediately before the application is made, the net value of the business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, was at least AUD1 125 000.
165.213
The applicant has demonstrated a high level of management skill in relation to the eligible investment or qualifying business activity.
165.214
The applicant:
(a) is less than 55 years old; or
(b) is proposing to establish or participate in business or investment activity that the appropriate regional authority has determined is of exceptional economic benefit to the State or Territory where the authority is located.
165.215
Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia.
165.216
The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Subclass 165 visa, to continue to maintain business or investment activity in Australia after the designated investment made by the applicant, or by the applicant and his or her spouse or de facto partner, has matured.
165.217
The applicant has signed a declaration that the applicant understands his or her obligations as the holder of a Subclass 165 visa.
165.22—Criteria to be satisfied at time of decision
165.221
The applicant continues to satisfy the criteria in clauses 165.211, 165.213, 165.215 and 165.216.
165.222
(1) The applicant has made a designated investment of an amount of AUD750 000, in the name of the applicant or in the names of the applicant and his or her spouse or de facto partner, in the State or Territory in which the appropriate regional authority that sponsored the applicant is located.
(2) The Minister is satisfied that the funds mentioned in subclause (1) were:
(a) legally owned by:
(i) the applicant; or
(ii) the applicant’s spouse or de facto partner, or
(iii) the applicant and his or her spouse or de facto partner together; and
(b) unencumbered; and
(c) accumulated from the qualifying business or eligible investment activities of:
(i) the applicant; or
(ii) the applicant’s spouse or de facto partner; or
(iii) the applicant and his or her spouse or de facto partner together.
165.223
(1) The applicant is sponsored by an appropriate regional authority.
(2) Form 949 is signed by an officer of the authority who is authorised to sign a sponsorship of that kind.
165.224
The applicant has a genuine intention to reside, for at least 2 years, in the State or Territory where he or she has lodged the designated investment.
165.225
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
165.226
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
165.227
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 165 visa:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
(aa) if the member had turned 18 at the time of application—satisfies public interest criterion 4019; and
(b) if the member has previously been in Australia—satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 165 visa:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004 and 4020; and
(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion.
165.228
If a person:
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the person.
165.229
The Minister is satisfied that:
(a) the applicant is the holder of a valid passport that:
(i) was issued to the applicant by an official source; and
(ii) is in the form issued by the official source; or
(b) it would be unreasonable to require the applicant to be the holder of a passport.
165.3—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.
165.31—Criteria to be satisfied at time of application
165.311
The applicant is a member of the family unit of a person who:
(a) satisfies the primary criteria in Subdivision 165.21; or
(b) holds a Subclass 165 visa.
165.32—Criteria to be satisfied at time of decision
165.321
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 165 visa.
165.322
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
165.323
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
165.324
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
165.4—Circumstances applicable to grant
165.411
(1) If the applicant:
(a) satisfies the secondary criteria; and
(b) holds a student visa at the time of application;
the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
(2) In any other case, the applicant must be outside Australia when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
165.5—When visa is in effect
165.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
165.6—Conditions
165.611
If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose.
165.612
If the applicant is outside Australia when the visa is granted, either or both of conditions 8502 and 8515 may be imposed.
Subclass 173—Contributory Parent (Temporary)
173.1—Interpretation
Note: Australian permanent resident, aged parent, eligible New Zealand citizen, close relative, guardian, outstanding, parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
173.2—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.
173.21—Criteria to be satisfied at time of application
173.211
The applicant is a parent of a person (the child) who is:
(a) a settled Australian citizen; or
(b) a settled Australian permanent resident; or
(c) a settled eligible New Zealand citizen.
173.212
(1) The applicant is sponsored in accordance with subclause (2) or (3).
(2) If the child has turned 18, the applicant is sponsored by:
(a) the child; or
(b) the child’s cohabiting spouse or de facto partner, if that spouse or de facto partner:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen.
(3) If the child has not turned 18, the applicant is sponsored by:
(a) the child’s cohabiting spouse, if that spouse:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(b) a person who:
(i) is a relative or guardian of the child; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(c) if the child has a cohabiting spouse but the spouse has not turned 18—a person who:
(i) is a relative or guardian of the child’s spouse; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(d) a community organisation.
173.213
The applicant satisfies the balance of family test.
173.22—Criteria to be satisfied at time of decision
173.221
The applicant continues to satisfy the criterion in clause 173.211.
173.222
A sponsorship of the kind mentioned in clause 173.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application.
Note: The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in clause 173.212.
173.224
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
173.225
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
173.226
Each member of the family unit of the applicant who is an applicant for a Subclass 173 (Contributory Parent (Temporary)) visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and
(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
(b) if the person has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.
173.227
Each member of the family unit of the applicant who is not an applicant for a Subclass 173 (Contributory Parent (Temporary)) visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion.
173.228
If a person (the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
173.229
If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
173.3—Secondary criteria
173.31—Criteria to be satisfied at time of application
173.311
The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 173.21.
173.312
A sponsorship of the kind mentioned in clause 173.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant.
173.32—Criteria to be satisfied at time of decision
173.321
Unless the applicant is a contributory parent newborn child, the applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa.
173.322
A sponsorship of the kind mentioned in clause 173.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant;
whether or not the sponsor was the sponsor at the time of application.
173.322A
A contributory parent newborn child is taken to be sponsored if:
(a) the contributory parent newborn child’s parent is taken to be sponsored in accordance with subclause 143.212(4); or
(b) the following criteria apply in relation to the contributory parent newborn child’s parent:
(i) the parent is the holder of a Subclass 143 (Contributory Parent) visa at the time of the contributory parent newborn child’s application;
(ii) the person who sponsored the parent for the Subclass 143 (Contributory Parent) visa has died; or
(c) the following criteria apply in relation to the contributory parent newborn child’s parent:
(i) at the time of the contributory parent newborn child’s application, the parent is the holder of:
(A) a Subclass 173 (Contributory Parent (Temporary)) visa; or
(B) a bridging visa, and the last substantive visa held by that parent was a Subclass 173 (Contributory Parent (Temporary)) visa;
(ii) the person who sponsored the parent for the Subclass 173 (Contributory Parent (Temporary)) visa has died.
173.323
If the applicant is not a contributory parent newborn child, the applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
173.324
If the applicant:
(a) is not a contributory parent newborn child; and
(b) has previously been in Australia;
the applicant satisfies special return criteria 5001, 5002 and 5010.
173.325
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
173.326
If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
173.327
If the applicant is a contributory parent newborn child, the applicant has undergone any health checks that the Minister considers appropriate.
173.328
The applicant satisfies public interest criteria 4020 and 4021.
173.4—Circumstances applicable to grant
173.411
(1) Unless:
(a) the applicant is a contributory parent newborn child; or
(b) subclause (2) of this clause applies to the visa;
the applicant must be outside Australia when the visa is granted.
(2) This subclause applies to a visa if:
(a) the application for the visa was made before 24 March 2021; and
(b) the applicant for the visa was in Australia on 24 March 2021; and
(c) the visa is granted after 23 March 2021; and
(d) the visa is granted before the end of the concession period described in subregulation 1.15N(1); and
(e) the applicant for the visa is in Australia, but not in immigration clearance, when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
173.412
If the applicant is a contributory parent newborn child, the applicant may be in or outside Australia when the visa is granted.
173.5—When visa is in effect
173.511
If the applicant is not a contributory parent newborn child: temporary visa permitting the holder to travel to, enter and remain in Australia for 2 years from a date specified by the Minister for the purpose.
173.512
If the applicant is a contributory parent newborn child: temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
173.6—Conditions
173.611
First entry must be made before a date specified by the Minister for the purpose.
173.612
Either or both of conditions 8502 and 8515 may be imposed.
Subclass 186—Employer Nomination Scheme
186.1—Interpretation
186.111
In this Part:
application for approval means an application under regulation 5.19 for approval of the nomination of a position.
occupation means the occupation that would be carried out by a person who is employed in a position.
Note 1: For labour agreement: see regulation 1.03.
Note 2: Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.
186.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 186 visa include criteria set out in streams.
If an applicant applies for a Subclass 186 visa in the Temporary Residence Transition stream, the criteria in Subdivisions 186.21 and 186.22 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 186 visa in the Direct Entry stream, the criteria in Subdivisions 186.21 and 186.23 are the primary criteria.
If an applicant applies for a Subclass 186 visa in the Labour Agreement stream, the criteria in Subdivisions 186.21 and 186.24 are the primary criteria.
The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
186.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 186 visa.
186.211
If it is mandatory, in the State or Territory in which the position to which the application relates is located, that a person:
(a) hold a licence of a particular kind; or
(b) hold registration of a particular kind; or
(c) be a member (or a member of a particular kind) of a particular professional body;
to perform tasks of the kind to be performed in the occupation to which a position relates, the applicant is, or is eligible to become, the holder of the licence, the holder of the registration, or a member of the body, at the time of application.
186.212
The position to which the application relates will provide to the applicant the employment referred to in the application for approval.
186.212A
Either:
(a) the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the Minister is satisfied that the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
186.212B
(1) If, at the time of application:
(a) the applicant held a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or
(b) the last substantive visa held by the applicant was a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
the applicant must have held that visa for at least 3 years at the time of application unless circumstances specified in an instrument under subclause (2) exist.
(2) The Minister may, by legislative instrument, specify circumstances for the purposes of subclause (1).
186.213
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) Each member of the family unit of the applicant who is an applicant for a Subclass 186 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020.
(4) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 186 visa; and
(b) had turned 18 at the time of application;
satisfies public interest criterion 4019.
(5) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 186 visa; and
(b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
(6) Each member of the family unit of the applicant who is not an applicant for a Subclass 186 visa satisfies public interest criteria 4001, 4002, 4003 and 4004.
186.214
(1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 186 visa satisfies special return criteria 5001, 5002 and 5010.
186.22—Criteria for Temporary Residence Transition stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 186 visa in the Temporary Residence Transition stream.
186.221
At the time of application, the applicant:
(a) had not turned 45; or
(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.
186.222
At the time of application, the applicant:
(a) had competent English; or
(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.
186.223
(1) The position to which the application relates is the position:
(a) nominated in an application for approval that:
(i) identifies the applicant in relation to the position; and
(ii) is made in relation to a visa in a Temporary Residence Transition stream; and
(c) in relation to which the declaration mentioned in paragraph 1114B(3)(d) of Schedule 1 was made in the application for the grant of the visa.
(2) The Minister has approved the nomination.
(3) The nomination has not subsequently been withdrawn.
(3A) Either:
(a) there is no adverse information known to Immigration about the person who made the nomination or a person associated with that person; or
(b) it is reasonable to disregard any adverse information known to Immigration about the person who made the nomination or a person associated with that person.
(4) The position is still available to the applicant.
(5) The application for the visa is made no more than 6 months after the Minister approved the nomination.
186.224
(1) The applicant satisfies public interest criterion 4007.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 186 visa satisfies public interest criterion 4007.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 186 visa satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
186.225
If the Minister requires the applicant to demonstrate that he or she has the skills that are necessary to perform the tasks of the occupation to which the position relates, the applicant demonstrates that he or she has those skills in the manner specified by the Minister.
186.23—Criteria for Direct Entry stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 186 visa in the Direct Entry stream.
186.231
At the time of application, the applicant:
(a) had not turned 45; or
(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.
186.232
At the time of application, the applicant:
(a) had competent English; or
(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.
186.233
(1) The position to which the application relates is the position:
(a) nominated in an application for approval that:
(i) identifies the applicant in relation to the position; and
(ii) is made in relation to a visa in a Direct Entry stream; and
(iii) seeks to meet the requirements of subregulation 5.19(10); and
(b) in relation to which the declaration mentioned in paragraph 1114B(3)(d) of Schedule 1 was made in the application for the grant of the visa.
(2) The person who will employ the applicant is the person who made the nomination.
(3) The Minister has approved the nomination.
(4) The nomination has not subsequently been withdrawn.
(4A) Either:
(a) there is no adverse information known to Immigration about the person who made the nomination or a person associated with that person; or
(b) it is reasonable to disregard any adverse information known to Immigration about the person who made the nomination or a person associated with that person.
(5) The position is still available to the applicant.
(6) The application for the visa is made not more than 6 months after the Minister approved the nomination.
186.234
(1) At the time of application, subclause (2) or (3) applies.
(2) All of the following apply:
(a) an assessing authority specified by the Minister in an instrument in writing for this subclause, as the assessing authority for the occupation, has assessed the applicant’s skills as suitable for the occupation;
(aa) the assessment is not for a Subclass 485 (Temporary Graduate) visa;
(ab) if the assessment specifies a period during which the assessment is valid, and the period does not end more than 3 years after the date of the assessment—the period has not ended;
(ac) if paragraph (ab) does not apply—not more than 3 years have passed since the date of the assessment;
(b) the applicant has been employed in the occupation for at least 3 years on a full‑time basis and at the level of skill required for the occupation.
(3) The applicant is a person in a class of persons specified by the Minister in an instrument in writing for this subclause.
186.235
(1) The applicant satisfies public interest criterion 4005.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 186 visa satisfies public interest criterion 4005.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 186 visa satisfies public interest criterion 4005 unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to the criterion.
186.24—Criteria for Labour Agreement stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 186 visa in the Labour Agreement stream.
186.241
Either:
(a) the applicant had not turned 45 at the time of application; or
(b) the Minister has agreed, in a labour agreement:
(i) that is in effect; and
(ii) to which the employer is a party; and
(iii) under which the position to which the application relates is nominated; and
that persons who have turned 45 may be employed.
186.242
(1) The position to which the application relates is the position:
(a) nominated in an application for approval that:
(i) identifies the applicant in relation to the position; and
(ii) is made in relation to a visa in a Labour Agreement stream; and
(b) identified in the application for the grant of the visa.
(3) The Minister has approved the nomination.
(4) The nomination has not subsequently been withdrawn.
(4A) Either:
(a) there is no adverse information known to Immigration about the employer who made the nomination or a person associated with the employer; or
(b) it is reasonable to disregard any adverse information known to Immigration about the employer who made the nomination or a person associated with the employer.
(5) The position is still available to the applicant.
(6) The terms and conditions of employment applicable to the position will be no less favourable than the terms and conditions that:
(a) are provided; or
(b) would be provided;
to an Australian citizen or an Australian permanent resident for performing equivalent work in the workplace to which the application relates at the same location.
186.243
(1) The applicant has qualifications, experience and other attributes that are suitable for the position.
(2) The applicant has English language skills that are suitable to perform the occupation to which the position relates.
(3) Either:
(a) the applicant has worked in the occupation to which the position relates or a related field for at least 3 years; or
(b) the Minister considers that it is reasonable in the circumstances to disregard paragraph (a).
(4) If the Minister requires the applicant to demonstrate that he or she has the skills that are necessary to perform the tasks of the occupation to which the position relates, the applicant demonstrates that he or she has those skills in the manner specified by the Minister.
186.244
(1) The applicant satisfies public interest criterion 4005.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 186 visa satisfies public interest criterion 4005.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 186 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
186.3—Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
186.31—Criteria
186.311
The applicant:
(a) is a member of the family unit of a person (the primary applicant) who holds a Subclass 186 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
(b) made a combined application with the primary applicant.
186.312
Any nomination approved in respect of the primary applicant, and mentioned in paragraph 1114B(3)(d) of Schedule 1, includes the applicant.
186.312A
Either:
(a) the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the Minister is satisfied that the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
186.313
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
(4) If the primary applicant holds a Subclass 186 visa in the Temporary Residence Transition stream, the applicant satisfies public interest criterion 4007.
(5) If subclause (4) does not apply, the applicant satisfies public interest criterion 4005.
186.314
The applicant satisfies special return criteria 5001, 5002 and 5010.
186.4—Circumstances applicable to grant
186.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note: The second instalment of visa application charge must be paid before the visa can be granted.
186.5—When visa is in effect
186.511
Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
186.6—Conditions
186.611
If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before the date specified by the Minister; and
(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.
Subclass 187—Regional Sponsored Migration Scheme
187.1—Interpretation
187.111
In this Part:
application for approval means an application under regulation 5.19 for approval of the nomination of a position.
occupation means the occupation that would be carried out by a person who is employed in a position.
regional Australia has the meaning given by subregulation 5.19(16).
Note 1: For ANZSCO and labour agreement: see regulation 1.03.
Note 2: Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.
187.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 187 visa include criteria set out in streams.
If an applicant applies for a Subclass 187 visa in the Temporary Residence Transition stream, the criteria in Subdivisions 187.21 and 187.22 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 187 visa in the Direct Entry stream, the criteria in Subdivisions 187.21 and 187.23 are the primary criteria.
The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
187.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 187 visa.
187.211
If it is mandatory, in the State or Territory in which the position to which the application relates is located, that a person:
(a) hold a licence of a particular kind; or
(b) hold registration of a particular kind; or
(c) be a member (or a member of a particular kind) of a particular professional body;
to perform tasks of the kind to be performed in the occupation to which a position relates, the applicant is, or is eligible to become, the holder of the licence, the holder of the registration, or a member of the body, at the time of application.
187.212
The position to which the application relates will provide to the applicant the employment referred to in the application for approval.
187.212A
Either:
(a) the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the Minister is satisfied that the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
187.213
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) Each member of the family unit of the applicant who is an applicant for a Subclass 187 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020.
(4) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 187 visa; and
(b) had turned 18 at the time of application;
satisfies public interest criterion 4019.
(5) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 187 visa; and
(b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
(6) Each member of the family unit of the applicant who is not an applicant for a Subclass 187 visa satisfies public interest criteria 4001, 4002, 4003 and 4004.
187.214
(1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 187 visa satisfies special return criteria 5001, 5002 and 5010.
187.22—Criteria for Temporary Residence Transition stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 187 visa in the Temporary Residence Transition stream.
187.221
At the time of application, the applicant:
(a) had not turned 45; or
(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.
187.222
At the time of application, the applicant:
(a) had competent English; or
(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.
187.223
(1) The position to which the application relates is the position:
(a) nominated in an application for approval that:
(i) identifies the applicant in relation to the position; and
(ii) is made in relation to a visa in the Temporary Residence Transition stream; and
(c) in relation to which the declaration mentioned in paragraph 1114C(3)(d) of Schedule 1 was made in the application for the grant of the visa.
(2) The Minister has approved the nomination.
(3) The nomination has not subsequently been withdrawn.
(3A) Either:
(a) there is no adverse information known to Immigration about the person who made the nomination or a person associated with that person; or
(b) it is reasonable to disregard any adverse information known to Immigration about the person who made the nomination or a person associated with that person.
(4) The position to which the application relates is located in regional Australia.
(5) The position is still available to the applicant.
(6) The application for the visa is made no more than 6 months after the Minister approved the nomination.
187.224
(1) The applicant satisfies public interest criterion 4007.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 187 visa satisfies public interest criterion 4007.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 187 visa satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
187.225
If the Minister requires the applicant to demonstrate that he or she has the skills that are necessary to perform the tasks of the occupation to which the position relates, the applicant demonstrates that he or she has those skills in the manner specified by the Minister.
187.23—Criteria for Direct Entry stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 187 visa in the Direct Entry stream.
187.231
At the time of application, the applicant:
(a) had not turned 45; or
(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.
187.232
At the time of application, the applicant:
(a) had competent English; or
(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.
187.233
(1) The position to which the application relates is the position:
(a) nominated in an application for approval that:
(i) identifies the applicant in relation to the position; and
(ii) is made in relation to a visa in a Direct Entry stream; and
(iii) seeks to meet the requirements of subregulation 5.19(12); and
(b) in relation to which the declaration mentioned in paragraph 1114C(3)(d) of Schedule 1 was made in the application for the grant of the visa.
(2) The person who will employ the applicant is the person who made the nomination.
(3) The Minister has approved the nomination.
(4) The nomination has not subsequently been withdrawn.
(4A) Either:
(a) there is no adverse information known to Immigration about the person who made the nomination or a person associated with that person; or
(b) it is reasonable to disregard any adverse information known to Immigration about the person who made the nomination or a person associated with that person.
(5) The position is still available to the applicant.
(6) The application for the visa is made no more than 6 months after the Minister approved the nomination.
187.234
At the time of application:
(a) the applicant was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph; or
(b) all of the following requirements were met:
(i) the applicant’s occupation is specified by the Minister in an instrument in writing for this subparagraph;
(ii) the applicant did not obtain the necessary qualification in Australia;
(iii) the applicant’s skills had been assessed as suitable for the occupation by an assessing authority specified by the Minister in the instrument for subparagraph (i) as the assessing authority for the occupation;
(iv) the assessment was not for a Subclass 485 (Temporary Graduate) visa;
(v) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended;
(vi) if subparagraph (v) did not apply—not more than 3 years had passed since the date of the assessment;
(vii) the applicant has been employed in the occupation for at least 3 years on a full‑time basis and at the level of skill required for the occupation; or
(c) all of the following requirements were met:
(i) the applicant’s occupation was not specified by the Minister in an instrument in writing for subparagraph (b)(i), or the applicant obtained the necessary qualification in Australia;
(ii) the applicant had the qualifications listed in ANZSCO as being necessary to perform the tasks of the occupation;
(iii) the applicant has been employed in the occupation for at least 3 years on a full‑time basis and at the level of skill required for the occupation.
187.235
(1) The applicant satisfies public interest criterion 4005.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 187 visa satisfies public interest criterion 4005.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 187 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
187.3—Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
187.31—Criteria
187.311
The applicant:
(a) is a member of the family unit of a person (the primary applicant) who holds a Subclass 187 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
(b) made a combined application with the primary applicant.
187.312
Any nomination approved in respect of the primary applicant, and mentioned in paragraph 1114C(3)(d) of Schedule 1, includes the applicant.
187.312A
Either:
(a) the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the Minister is satisfied that the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
187.313
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
(4) If the primary applicant holds a Subclass 187 visa in the Temporary Residence Transition stream, the applicant satisfies public interest criterion 4007.
(5) If subclause (4) does not apply, the applicant satisfies public interest criterion 4005.
187.314
The applicant satisfies special return criteria 5001, 5002 and 5010.
187.4—Circumstances applicable to grant
187.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note: The second instalment of visa application charge must be paid before the visa can be granted.
187.5—When visa is in effect
187.511
Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
187.6—Conditions
187.611
If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before the date specified by the Minister; and
(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.
Subclass 188—Business Innovation and Investment (Provisional)
188.1—Interpretation
188.111
In this Part:
designated investment means an investment in a security that is specified for this Part by the Minister under regulation 5.19A.
188.112
In this Part, each of the following is an eligible investment if a person owns it for the purpose of producing a return in the form of income or capital gain, and not for personal use:
(a) an ownership interest in a business;
(b) cash on deposit;
(c) stocks or bonds;
(d) real estate;
(e) gold or silver bullion.
188.113
In this Part, a loan to a business is an eligible investment if a person makes it for the purpose of producing a return in the form of income or capital gain.
Note 1: For AUD, business innovation and investment points test, fiscal year, ownership interest and qualifying business: see regulation 1.03.
Note 2: Regulation 1.03 also provides as follows:
(a) competent English has the meaning given by regulation 1.15C;
(b) complying entrepreneur activity is defined in regulation 5.19E;
(c) complying investment is defined in regulation 5.19B;
(d) complying significant investment is defined in regulation 5.19C;
(f) main business has the meaning set out in regulation 1.11;
(g) member of the family unit has the meaning set out in regulation 1.12.
Note 3: For the beneficial ownership of an asset, eligible investment or ownership interest, see regulation 1.11A.
188.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 188 visa include criteria set out in streams.
If an applicant applies for a Subclass 188 visa in the Business Innovation stream, the criteria in Subdivisions 188.21 and 188.22 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 188 visa in the Business Innovation Extension stream, the criteria in Subdivisions 188.21 and 188.23 are the primary criteria.
If an applicant applies for a Subclass 188 visa in the Investor stream, the criteria in Subdivisions 188.21 and 188.24 are the primary criteria.
If an applicant applies for a Subclass 188 visa in the Significant Investor stream, the criteria in Subdivisions 188.21 and 188.25 are the primary criteria.
If an applicant applies for a Subclass 188 visa in the Significant Investor Extension stream, the criteria in Subdivisions 188.21 and 188.26 are the primary criteria.
If an applicant applies for a Subclass 188 visa in the Entrepreneur stream, the criteria in Subdivisions 188.21 and 188.28 are the primary criteria.
The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
188.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 188 visa.
188.211
The applicant, and the applicant’s spouse or de facto partner, do not have a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia.
188.212
The nominating State or Territory government agency or the CEO of Austrade has not withdrawn the nomination.
188.212A
(1) If, at the time of application:
(a) the applicant held a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or
(b) the last substantive visa held by the applicant was a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
the applicant must have held that visa for at least 3 years at the time of application unless circumstances specified in an instrument under subclause (2) exist.
(2) The Minister may, by legislative instrument, specify circumstances for the purposes of subclause (1).
188.213
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) Each member of the family unit of the applicant who is an applicant for a Subclass 188 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020.
(4) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 188 visa; and
(b) had turned 18 at the time of application;
satisfies public interest criterion 4019.
(5) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 188 visa; and
(b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
(6) Each member of the family unit of the applicant who is not an applicant for a Subclass 188 visa satisfies public interest criteria 4001, 4002, 4003 and 4004.
188.214
(1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 188 visa satisfies special return criteria 5001, 5002 and 5010.
188.22—Criteria for Business Innovation stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 188 visa in the Business Innovation stream.
188.221
(1) The applicant was invited, in writing, by the Minister to apply for the visa.
(2) The applicant:
(a) had not turned 55 at the time of the invitation to apply for the visa; or
(b) is proposing to establish or participate in business or investment activity that the nominating State or Territory government agency has determined is of exceptional economic benefit to the State or Territory in which the agency is located.
188.222
(1) The applicant’s score on the business innovation and investment points test is not less than the number of points specified by the Minister in an instrument in writing for this subclause.
(2) For subclause (1):
(a) an applicant’s score on the business innovation and investment points test is the sum of the applicant’s scores under Parts 7A.2, 7A.3, 7A.4, 7A.5, 7A.7, 7A.8, 7A.9 and 7A.10 of Schedule 7A; and
(b) the Minister must not give the applicant the prescribed number of points for more than one prescribed qualification in Parts 7A.2, 7A.3, 7A.4, 7A.5, 7A.7, 7A.8 and 7A.10 of Schedule 7A; and
(c) if the applicant’s circumstances satisfy more than one prescribed qualification in Parts 7A.2, 7A.3, 7A.4, 7A.5, 7A.7, 7A.8 and 7A.10 of Schedule 7A, the Minister must give the applicant points for the qualification that has been satisfied that attracts the highest number of points.
188.223
The applicant demonstrates that there is a need for the applicant to be resident in Australia to establish or conduct the proposed business activity.
188.224
The applicant has overall had a successful business career.
188.225
(1) For at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa, the applicant had an ownership interest in one or more established main businesses that had an annual turnover, in each of those years, of:
(a) if the time of invitation was before 1 July 2021—at least AUD500,000; or
(b) if the time of invitation was on or after 1 July 2021—at least AUD750,000.
(2) If the applicant was engaged in one or more businesses providing professional, technical or trade services for at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa, 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.
188.226
At the time of invitation, the business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, that can be applied to the establishment or conduct of a business in Australia have a net value of:
(a) if the time of invitation was before 1 July 2021—at least AUD800,000; or
(b) if the time of invitation was on or after 1 July 2021—at least AUD1,250,000.
188.227
The nominating State or Territory government agency is satisfied that the net value of the business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, other than the business and personal assets mentioned in clause 188.226, is sufficient to allow the applicant and the spouse or de facto partner to settle in Australia.
188.228
The business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together:
(a) are lawfully acquired; and
(b) are available for transfer to Australia within 2 years after the grant of a Subclass 188 visa.
188.229
(1) The applicant genuinely has a realistic commitment to:
(a) establish a qualifying business in Australia; or
(b) participate in an existing qualifying business in Australia.
(2) The applicant genuinely has a realistic commitment to:
(a) maintain a substantial ownership interest in the qualifying business mentioned in subclause (1); and
(b) maintain a direct and continuous involvement in the management of the qualifying business from day to day, and in the making of decisions that affect the overall direction and performance of the qualifying business, in a manner that benefits the Australian economy.
188.229A
(1) The applicant satisfies public interest criterion 4005.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 188 visa satisfies public interest criterion 4005.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 188 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
188.23—Criteria for Business Innovation Extension stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 188 visa in the Business Innovation Extension stream.
188.231
The applicant demonstrates that there is a need for the applicant to be resident in Australia to operate the main business.
188.232
(1) Either:
(a) for at least the 2 years immediately before the application was made, the applicant had an ownership interest in one or more main businesses that were actively operating in Australia; or
(b) if the applicant holds or held a Subclass 188 visa in the Business Innovation stream (the innovation stream visa) or a Subclass 188 visa in the Business Innovation Extension stream (the extension stream visa) during a concession period and the innovation stream visa that the applicant holds or held was granted before 1 July 2019—the applicant had an ownership interest in one or more main businesses that were actively operating in Australia for a cumulative period of at least 2 years while the applicant was the holder of the innovation stream visa or the extension stream visa.
(2) The applicant continues to have the ownership interest mentioned in subclause (1).
188.233
The applicant genuinely has a realistic commitment to:
(a) maintain the ownership interest mentioned in subclause 188.232(1); and
(b) maintain a direct and continuous involvement in the management of the main business from day to day, and in the making of decisions that affect the overall direction and performance of the main business, in a manner that benefits the Australian economy.
188.234
(1) The applicant satisfies public interest criterion 4007.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 188 visa satisfies public interest criterion 4007.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 188 visa satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
188.24—Criteria for Investor stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 188 visa in the Investor stream.
188.241
(1) The applicant was invited, in writing, by the Minister to apply for the visa.
(2) The applicant:
(a) had not turned 55 at the time of the invitation to apply for the visa; or
(b) is proposing to establish or participate in business or investment activity that the nominating State or Territory government agency has determined is of exceptional economic benefit to the State or Territory in which the agency is located.
188.242
(1) The applicant’s score on the business innovation and investment points test is not less than the number of points specified by the Minister in an instrument in writing for this subclause.
(2) For subclause (1):
(a) an applicant’s score on the business innovation and investment points test is the sum of the applicant’s scores under Parts 7A.2, 7A.3, 7A.4, 7A.6, 7A.7, 7A.8, 7A.9 and 7A.10 of Schedule 7A; and
(b) the Minister must not give the applicant the prescribed number of points for more than one prescribed qualification in Parts 7A.2, 7A.3, 7A.4, 7A.6, 7A.7, 7A.8 and 7A.10 of Schedule 7A; and
(c) if the applicant’s circumstances satisfy more than one prescribed qualification in Parts 7A.2, 7A.3, 7A.4, 7A.6, 7A.7, 7A.8 and 7A.10 of Schedule 7A, the Minister must give the applicant points for the qualification that has been satisfied that attracts the highest number of points.
188.243
(1) The applicant has overall had a successful record of eligible investment activity or qualifying business activity.
(2) The applicant has had a total of at least 3 years experience of direct involvement in managing one or more qualifying businesses or eligible investments.
(3) The applicant has demonstrated a high level of management skill in relation to the eligible investment or qualifying business activity.
188.244
(1) For at least one of the 5 fiscal years immediately before the time of invitation to apply for the visa:
(a) both of the following apply:
(i) the applicant maintained direct involvement in managing a qualifying business;
(ii) the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, had an ownership interest of at least 10% of the total value of the business; or
(b) subclause (2) applies.
(2) This subclause applies if:
(a) the applicant maintained direct involvement in managing eligible investments of the applicant, the applicant’s spouse or de facto partner, or the applicant and the applicant’s spouse or de facto partner together; and
(b) the total net value of the eligible investments was:
(i) if the time of invitation to apply for the visa was before 1 July 2021—at least AUD1,500,000; or
(ii) if the time of invitation to apply for the visa was on or after 1 July 2021—at least AUD2,500,000.
188.245
For the 2 fiscal years immediately before the time of invitation to apply for the visa, the business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, had a net value of:
(a) if the time of invitation was before 1 July 2021—at least AUD2,250,000; or
(b) if the time of invitation was on or after 1 July 2021—at least AUD2,500,000.
188.246
(1A) If the time of invitation to apply for the visa was before 1 July 2021, the requirements in subclauses (1) and (2) are met.
(1) The applicant has made a designated investment of at least AUD1 500 000 in the State or Territory in which the nominating State or Territory government agency is located, and has made the investment:
(a) in the name of the applicant; or
(b) in the names of the applicant and his or her spouse or de facto partner.
(2) The funds used to make the designated investment mentioned in subclause (1) were:
(a) unencumbered; and
(b) accumulated from either or both of:
(i) one or more qualifying businesses conducted by the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together; and
(ii) eligible investment activities of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together.
188.246A
(1) If the time of invitation to apply for the visa was on or after 1 July 2021, the requirements in subclauses (2), (3) and (4) are met.
(2) The applicant:
(a) has made a complying significant investment of at least AUD2,500,000; and
(b) has a genuine intention to hold the complying significant investment for the whole of the visa period.
(3) The funds used to make the complying significant investment mentioned in subclause (2) were accumulated from either or both of the following:
(a) one or more qualifying businesses conducted by the applicant, the applicant’s spouse or de facto partner, or the applicant and the applicant’s spouse or de facto partner together;
(b) eligible investment activities of the applicant, the applicant’s spouse or de facto partner, or the applicant and the applicant’s spouse or de facto partner together.
(4) The applicant has given the Minister:
(a) evidence that the complying significant investment mentioned in subclause (2) complies with the requirements set out in regulation 5.19C as in force at the time of application; and
(b) a completed copy of approved form 1412, signed by the applicant and each other applicant aged at least 18.
Note: Approved form 1412 is a deed of acknowledgement, undertaking and release, signed by each person mentioned in paragraph (b), under which they:
(a) acknowledge that they are responsible for their financial and legal affairs; and
(b) undertake not to bring an action against the Commonwealth in relation to any loss relating to the complying significant investment; and
(c) release the Commonwealth from any liabilities in relation to any loss relating to the complying significant investment.
188.247
The business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together:
(a) are lawfully acquired; and
(b) are available for transfer to Australia within 2 years after the grant of a Subclass 188 visa.
188.248
(1) The applicant genuinely has a realistic commitment to continue to maintain business or investment activity in Australia after:
(a) if subclause 188.246(1) applies to the applicant—the designated investment mentioned in that subclause matures; or
(b) if subclause 188.246A(2) applies to the applicant—the complying significant investment mentioned in that subclause matures.
(2) The applicant has a genuine intention to reside for at least 2 years in the State or Territory in which the nominating State or Territory government agency is located.
188.249
(1) The applicant satisfies public interest criterion 4005.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 188 visa satisfies public interest criterion 4005.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 188 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
188.25—Criteria for Significant Investor stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 188 visa in the Significant Investor stream.
188.251
The applicant was invited, in writing, by the Minister to apply for the visa.
188.252
(1) The applicant has made, on or after the time of application, a complying significant investment (within the meaning of regulation 5.19C as in force at the time of application) of at least AUD 5 000 000.
(2) If the time of invitation to apply for the visa was before 1 July 2021, the applicant has a genuine intention to hold the complying significant investment for at least 4 years.
(3) If the time of invitation to apply for the visa was on or after 1 July 2021, the applicant has a genuine intention to hold the complying significant investment for the whole of the visa period.
Note: A complying significant investment may be based on one or more investments.
188.253
(1) The applicant has given the Minister evidence that the investment complies with the requirements set out in regulation 5.19C as in force at the time of application.
(2) The applicant has given the Minister a completed copy of approved form 1412, signed by the applicant and each other applicant aged at least 18.
Note: Approved form 1412 is a deed of acknowledgment, undertaking and release, signed by each person mentioned in subclause (2), under which they:
(a) acknowledge that they are responsible for their financial and legal affairs; and
(b) undertake not to bring an action against the Commonwealth in relation to any loss relating to the complying significant investment; and
(c) release the Commonwealth from any liabilities in relation to any loss relating to the complying significant investment.
188.254
If the applicant was nominated by a State or Territory government agency, one or more of the following have a genuine intention to reside in the State or Territory whose government agency nominated the applicant:
(a) the applicant;
(b) the applicant’s spouse or de facto partner.
188.255
(1) The applicant satisfies public interest criterion 4005.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 188 visa satisfies public interest criterion 4005.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 188 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
188.26—Criteria for Significant Investor Extension stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 188 visa in the Significant Investor Extension stream.
188.261
(1) The applicant meets the requirements of subclause (1A) or (1B).
(1A) Both of the following apply:
(a) the most recent Subclass 188 visa in the Significant Investor stream held by the applicant (which may be the visa currently held by the applicant) was granted on the basis of an application made before 1 July 2015;
(b) the applicant continues to hold a complying investment within the meaning of regulation 5.19B as in force at the time the application mentioned in paragraph (a) was made.
(1B) Both of the following apply:
(a) the most recent Subclass 188 visa in the Significant Investor stream held by the applicant (which may be the visa currently held by the applicant) was granted on the basis of an application made on or after 1 July 2015;
(b) the applicant continues to hold a complying significant investment within the meaning of regulation 5.19C as in force at the time the application mentioned in paragraph (a) was made.
(2) For any part of the investment mentioned in subclause (1A) or (1B) for the applicant that is, or was, a direct investment in an Australian proprietary company:
(a) if the period of the direct investment was less than 2 years, the company was a qualifying business for the whole period; or
(b) if the period of the direct investment was 2 years or more, the company was a qualifying business for at least 2 years; or
(c) if the company has been unable to operate as a qualifying business, the Minister is satisfied that the applicant made a genuine attempt to operate the business as a qualifying business.
(3) The applicant has given the Minister:
(a) if subclause (1A) applies to the applicant—a completed copy of approved form 1413 for each investment in a managed fund on which the investment mentioned in that subclause is based; or
(b) if subclause (1B) applies to the applicant—evidence that the applicant holds an investment as required for that subclause.
Note: Approved form 1413 includes a declaration that the investments made by a managed fund for the benefit of clients are limited to one or more of the purposes specified by the Minister for paragraph 5.19B(2)(c).
(4) The applicant has given the Minister a completed copy of approved form 1412, signed by the applicant and each other applicant aged at least 18.
Note: Approved form 1412 is a deed of acknowledgment, undertaking and release, signed by each person mentioned in subclause (4), under which they:
(a) acknowledge that they are responsible for their financial and legal affairs; and
(b) undertake not to bring an action against the Commonwealth in relation to any loss relating to the relevant investment; and
(c) release the Commonwealth from any liabilities in relation to any loss relating to the relevant investment.
188.262
(1) The applicant satisfies public interest criterion 4007.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 188 visa satisfies public interest criterion 4007.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 188 visa satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
188.28—Criteria for Entrepreneur stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 188 visa in the Entrepreneur stream.
188.281
(1) The applicant was invited, in writing, by the Minister to apply for the visa.
(2) Either:
(a) the applicant had not turned 55 at the time of the invitation to apply for the visa; or
(b) the nominating State or Territory government agency has determined that the complying entrepreneur activity the applicant is undertaking or proposing to undertake is, or will be, of exceptional economic benefit to the State or Territory in which the agency is located.
(3) At the time of invitation to apply for the visa, the applicant had competent English.
188.282
The applicant:
(a) is undertaking, or proposing to undertake, a complying entrepreneur activity; and
(ab) has a genuine intention to undertake, and continue to undertake, the complying entrepreneur activity in Australia; and
(b) if the time of invitation to apply for the visa was before 1 July 2021, has a genuine intention to undertake, and continue to undertake, the complying entrepreneur activity in accordance with the agreement or agreements mentioned in paragraph 5.19E(3)(b) in relation to the activity.
188.283
The nominating State or Territory government agency is satisfied that the net value of the business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, is sufficient to allow them to settle in Australia.
188.284
(1) The applicant satisfies public interest criterion 4005.
(2) Each member of the applicant’s family unit who is an applicant for a Subclass 188 visa satisfies public interest criterion 4005.
(3) Each member of the applicant’s family unit who is not an applicant for a Subclass 188 visa satisfies public interest criterion 4005, unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
188.3—Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
188.31—Criteria
188.311
The applicant is a member of the family unit of a person who holds a Subclass 188 visa granted on the basis of satisfying the primary criteria for the grant of the visa (the primary applicant).
188.311A
(1) If:
(a) the applicant has turned 18; and
(b) the primary applicant holds a Subclass 188 visa in the Investor stream, the Significant Investor stream, the Significant Investor Extension stream or the Premium Investor stream;
the applicant has given the Minister a completed copy of approved form 1412.
Note: Approved form 1412 is a deed of acknowledgment, undertaking and release, signed by the primary applicant, and each other applicant aged at least 18 years, under which they:
(a) acknowledge that they are responsible for their financial and legal affairs; and
(b) undertake not to bring an action against the Commonwealth in relation to any loss relating to the relevant investment; and
(c) release the Commonwealth from any liabilities in relation to any loss relating to the relevant investment.
(2) Subclause (1) does not apply if the primary applicant:
(a) holds a Subclass 188 visa in the Investor stream; and
(b) was invited to apply for that visa before 1 July 2021.
188.312
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
(4) If the primary applicant holds a Subclass 188 visa in the Business Innovation stream, the Investor stream, the Significant Investor stream, the Premium Investor stream or the Entrepreneur stream, the applicant satisfies public interest criterion 4005.
(5) If the primary applicant holds a Subclass 188 visa in the Business Innovation Extension stream or the Significant Investor Extension stream, the applicant satisfies public interest criterion 4007.
188.313
The applicant satisfies special return criteria 5001, 5002 and 5010.
188.4—Circumstances applicable to grant
188.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note: The second instalment of visa application charge must be paid before the visa can be granted.
188.5—When visa is in effect
188.511
If the applicant satisfied the primary criteria for the grant of a Subclass 188 visa in the Business Innovation stream, the Investor stream, the Significant Investor stream or the Entrepreneur stream, temporary visa permitting the holder to travel to, enter and remain in Australia:
(a) if the time of invitation to apply for the visa was before 1 July 2021—for 4 years and 3 months from the date of grant; or
(b) if the time of invitation to apply for the visa was on or after 1 July 2021—for 5 years from the date of grant.
188.512
If the applicant satisfied the primary criteria for the grant of a Subclass 188 visa in the Business Innovation Extension stream, temporary visa permitting the holder to travel to, enter and remain in Australia:
(a) if:
(i) the last Subclass 188 visa held by the applicant was a Subclass 188 visa in the Business Innovation stream; and
(ii) the time of the invitation to apply for that visa was before 1 July 2021;
for 6 years after the date of the grant of that visa; or
(ab) if:
(i) the last Subclass 188 visa held by the applicant was a Subclass 188 visa in the Business Innovation stream; and
(ii) the time of the invitation to apply for that visa was on or after 1 July 2021;
for 7 years after the date of the grant of that visa; or
(b) if the last Subclass 188 visa held by the applicant was a Subclass 188 visa in the Business Innovation Extension stream—for 8 years after the date of the grant of the Subclass 188 visa in the Business Innovation stream.
188.512A
If the applicant satisfied the primary criteria for the grant of a Subclass 188 visa in the Significant Investor Extension stream, temporary visa permitting the holder to travel to, enter and remain in Australia:
(a) if:
(i) the applicant held a Subclass 188 visa in the Significant Investor stream at the time of application; and
(ii) the time of the invitation to apply for that visa was before 1 July 2021;
for 6 years after the date of the grant of that visa; or
(b) if:
(i) the applicant held a Subclass 188 visa in the Significant Investor stream at the time of application; and
(ii) the time of the invitation to apply for that visa was on or after 1 July 2021;
for 7 years after the date of the grant of that visa; or
(c) if:
(i) the applicant held a Subclass 188 visa in the Significant Investor Extension stream at the time of application; and
(ii) the time of the invitation to apply for the Subclass 188 visa in the Significant Investor stream held by the applicant was before 1 July 2021;
for 8 years after the date of the grant of the visa mentioned in subparagraph (ii); or
(d) if:
(i) the applicant held a Subclass 188 visa in the Significant Investor Extension stream at the time of application; and
(ii) the time of the invitation to apply for the Subclass 188 visa in the Significant Investor stream held by the applicant was on or after 1 July 2021;
for 9 years after the date of the grant of the visa mentioned in subparagraph (ii).
188.513
If the applicant satisfied the secondary criteria for the grant of a Subclass 188 visa, temporary visa permitting the holder to travel to, enter and remain in Australia until the day specified for the applicant who satisfied the primary criteria.
188.6—Conditions
188.611
If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before the date specified by the Minister; and
(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.
188.611A
If a Subclass 188 visa in the Investor stream is granted to an applicant who was invited to apply for the visa on or after 1 July 2021, condition 8557 must be imposed.
188.612
If the applicant is granted a Subclass 188 visa in the Significant Investor stream or the Significant Investor Extension stream, condition 8557 must be imposed.
188.613
If the applicant is granted a Subclass 188 visa in the Entrepreneur stream, condition 8571 must be imposed.
Subclass 189—Skilled—Independent
189.1—Interpretation
Note 1: For registered course, relevant assessing authority and skilled occupation: see regulation 1.03.
Note 2: Regulation 1.03 also provides that competent English has the meaning set out in regulation 1.15C.
Note 3: There are no interpretation provisions specific to this Part.
189.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 189 visa include criteria set out in streams.
For a Subclass 189 visa in the Points‑tested stream, the criteria in Subdivisions 189.21 and 189.22 are the primary criteria.
For a Subclass 189 visa in the New Zealand stream, the criteria in Subdivisions 189.21 and 189.23 are the primary criteria.
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 Subclass 189 visa need satisfy only the secondary criteria in Division 189.3.
All criteria must be satisfied at the time a decision is made on the application.
189.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 189 visa.
189.211
Requirements for applicant
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
Requirements for family unit members who are also applicants
(3) Each member of the family unit of the applicant who is an applicant for a Subclass 189 visa satisfies public interest criteria 4001, 4002, 4003, 4004 and 4020.
(4) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 189 visa; and
(b) had turned 18 at the time of application;
satisfies public interest criterion 4019.
(5) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 189 visa; and
(b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
Requirements for family unit members who are not themselves applicants
(6) Each member of the family unit of the applicant who is not an applicant for a Subclass 189 visa satisfies public interest criteria 4001, 4002, 4003 and 4004.
189.212
(1) The applicant satisfies special return criteria 5001 and 5002.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 189 visa satisfies special return criteria 5001 and 5002.
189.22—Criteria for Points‑tested stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 189 visa in the Points‑tested stream.
189.221
The applicant was invited, in writing, by the Minister to apply for the visa.
189.222
(1) At the time of invitation to apply for the visa:
(a) the relevant assessing authority had assessed the applicant’s skills as suitable for the applicant’s nominated skilled occupation; and
(b) the assessment was not for a Subclass 485 (Temporary Graduate) visa; and
(c) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and
(d) if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.
(2) If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.
189.223
At the time of invitation to apply for the visa, the applicant had competent English.
189.224
(1) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the score stated in the invitation to apply for the visa.
(2) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the qualifying score for that Subdivision.
Note: Subdivision B of Division 3 of Part 2 of the Act provides for the application of a points system under which applicants for relevant visas are given an assessed score based on a prescribed number of points for particular attributes, assessed against the relevant pool mark and pass mark: see sections 92 to 96 of the Act.
The prescribed points and the manner of their allocation are provided for in Division 2.6 and Schedule 6D of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument: see section 96 of the Act.
189.224A
(1) If, at the time of application:
(a) the applicant held a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or
(b) the last substantive visa held by the applicant was a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
the applicant must have held that visa for at least 3 years at the time of application unless circumstances specified in an instrument under subclause (2) exist.
(2) The Minister may, by legislative instrument, specify circumstances for the purposes of subclause (1).
189.225
(1) The applicant satisfies public interest criteria 4005 and 4010.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 189 visa satisfies public interest criteria 4005 and 4010.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 189 visa satisfies public interest criterion 4005, unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
189.226
(1) The applicant satisfies special return criterion 5010.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 189 visa satisfies special return criterion 5010.
189.23—Criteria for New Zealand stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 189 visa in the New Zealand stream.
189.231
(1) The applicant had been usually resident in Australia for a continuous period of at least 5 years immediately before the date of the application.
(2) That continuous period of usual residence in Australia started on or before 19 February 2016.
189.232
(1) Subject to subclause (1A), the applicant has provided copies of notices of assessment, and of any notices of amended assessments, given to the applicant by the Commissioner of Taxation, of the applicant’s income tax liability in relation to 3 income years ending during the period of 5 years ending immediately before the date of the application.
(1A) One of the income years must be the income year that ended most recently before the date of the application.
(2) The requirement in subclause (1) is satisfied in relation to a copy of a notice even if the copy does not include the applicant’s tax file number within the meaning of Part VA of the Income Tax Assessment Act 1936.
189.233
(1) For each of the 3 income years mentioned in subclause 189.232(1):
(a) the applicant’s taxable income (within the meaning of the Income Tax Assessment Act 1997) is no less than the minimum amount specified by the Minister for the year under subclause (2); or
(b) the applicant:
(i) satisfies the Minister that he or she was a member of a class of exempt applicants specified by the Minister under subclause (2) during the whole, or a specified period, of that year; and
(ii) provides evidence specified by the Minister under subclause (2) in relation to that class of applicants.
(2) The Minister may, by legislative instrument:
(a) for the purposes of paragraph (1)(a), specify a minimum amount of income for an income year; and
(b) for the purposes of paragraph (1)(b), specify a class of exempt applicants, and evidence in relation to that class.
189.234
(1) The applicant satisfies public interest criterion 4007.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 189 visa satisfies public interest criterion 4007.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 189 visa satisfies public interest criterion 4007, unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
189.3—Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
189.31—Criteria
189.311
The applicant:
(a) is a member of the family unit of a person (the primary applicant) who holds a Subclass 189 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
(b) made a combined application with the primary applicant.
189.312
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
(4) If the primary applicant holds a Subclass 189 visa in the Points‑tested stream, the applicant satisfies public interest criteria 4005 and 4010.
(5) If the primary applicant holds a Subclass 189 visa in the New Zealand stream, the applicant satisfies public interest criterion 4007.
189.313
(1) If the primary applicant holds a Subclass 189 visa in the Points‑tested stream, the applicant satisfies public interest criteria 5001, 5002 and 5010.
(2) If the primary applicant holds a Subclass 189 visa in the New Zealand stream, the applicant satisfies special return criteria 5001 and 5002.
189.4—Circumstances applicable to grant
189.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note: The second instalment of visa application charge must be paid before the visa can be granted.
189.5—When visa is in effect
189.511
Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
189.6—Conditions
189.611
If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before the date specified by the Minister; and
(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.
Subclass 190—Skilled—Nominated
190.1—Interpretation
Note 1: For registered course, relevant assessing authority and skilled occupation: see regulation 1.03.
Note 2: Regulation 1.03 also provides that competent English has the meaning set out in regulation 1.15C.
Note 3: There are no interpretation provisions specific to this Part.
190.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 190 visa must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
190.21—Criteria
190.211
The applicant was invited, in writing, by the Minister to apply for the visa.
190.212
(1) At the time of invitation to apply for the visa:
(a) the relevant assessing authority had assessed the applicant’s skills as suitable for the applicant’s nominated skilled occupation; and
(b) the assessment was not for a Subclass 485 (Temporary Graduate) visa; and
(c) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and
(d) if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.
(2) If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.
190.213
At the time of invitation to apply for the visa, the applicant had competent English.
190.214
(1) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the score stated in the invitation to apply for the visa.
(2) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the qualifying score for that Subdivision.
Note: Subdivision B of Division 3 of Part 2 of the Act provides for the application of a points system under which applicants for relevant visas are given an assessed score based on a prescribed number of points for particular attributes, assessed against the relevant pool mark and pass mark: see sections 92 to 96 of the Act.
The prescribed points and the manner of their allocation are provided for in Division 2.6 and Schedule 6D of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument: see section 96 of the Act.
190.215
The nominating State or Territory government agency has not withdrawn the nomination.
190.215A
(1) If, at the time of application:
(a) the applicant held a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or
(b) the last substantive visa held by the applicant was a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
the applicant must have held that visa for at least 3 years at the time of application unless circumstances specified in an instrument under subclause (2) exist.
(2) The Minister may, by legislative instrument, specify circumstances for the purposes of subclause (1).
190.216
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) Each member of the family unit of the applicant who is an applicant for a Subclass 190 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020.
(4) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 190 visa; and
(b) had turned 18 at the time of application;
satisfies public interest criterion 4019.
(5) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 190 visa; and
(b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
(6) Each member of the family unit of the applicant who is not an applicant for a Subclass 190 visa:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4005, unless it would be unreasonable to require the person to undergo assessment in relation to that criterion.
190.217
(1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 190 visa satisfies special return criteria 5001, 5002 and 5010.
190.3—Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
190.31—Criteria
190.311
The applicant:
(a) is a member of the family unit of a person who holds a Subclass 190 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
(b) made a combined application with that person.
190.312
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
190.313
The applicant satisfies special return criteria 5001, 5002 and 5010.
190.4—Circumstances applicable to grant
190.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note: The second instalment of visa application charge must be paid before the visa can be granted.
190.5—When visa is in effect
190.511
Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
190.6—Conditions
190.611
If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before the date specified by the Minister; and
(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.
Subclass 200—Refugee
200.1—Interpretation
Note: member of the family unit and member of the immediate family are defined in regulation 1.03.
200.111
In this Part:
relevant Minister means any of the following:
(a) the Attorney‑General;
(b) the Minister for Defence;
(c) the Minister for Foreign Affairs;
(d) the Minister for Home Affairs;
(e) the Minister for Immigration and Citizenship.
200.2—Primary criteria
Note: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.
200.21—Criteria to be satisfied at time of application
200.211
(1) The applicant:
(a) is subject to persecution in the applicant’s home country and is living in a country other than the applicant’s home country; or
(aa) meets the requirements of subclause (1A); or
(b) meets the requirements of subclause (2).
(1A) The applicant meets the requirements of this subclause if:
(a) the Minister has specified, in an instrument in writing, one or more classes of persons for this paragraph; and
(b) a relevant Minister has certified that the applicant is:
(i) in one of those classes; and
(ii) at risk of harm for a reason, or reasons, that relate to the applicant being in that class of persons.
(1B) Before making the instrument mentioned in paragraph (1A)(a), the Minister must consult:
(a) the Prime Minister; and
(b) the Minister for Finance and Deregulation; and
(c) any other relevant Minister that has an interest in the specification of that class of persons or that is affected by the specification.
(2) The applicant meets the requirements of this subclause if:
(a) the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian citizen or an Australian permanent resident (in this subclause called the proposer) who is, or has been, the holder of a Subclass 200 visa; and
(aa) the application is made within 5 years of the grant of that visa; and
(b) on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and
(c) the applicant continues to be a member of the immediate family of the proposer; and
(d) before the grant of that visa, that relationship was declared to Immigration; and
(e) the proposer is not a person mentioned in subregulation 2.07AM(5).
200.22—Criteria to be satisfied at time of decision
200.221
The applicant continues to satisfy the criteria in clause 200.211.
200.222
The Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa, having regard to:
(a) in the case of an applicant who met the requirements of subclause 200.211(2) at the time of application—the extent of the applicant’s connection with Australia; or
(b) in any other case—the following:
(i) the degree of persecution to which the applicant is subject in the applicant’s home country; and
(ii) the extent of the applicant’s connection with Australia; and
(iii) whether or not there is any suitable country available, other than Australia, that can provide for the applicant’s settlement and protection from persecution; and
(iv) the capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia.
200.223
The permanent settlement of the applicant in Australia would be consistent with the regional and global priorities of the Commonwealth in relation to the permanent settlement of persons in Australia on humanitarian grounds.
200.224
The Minister is satisfied that permanent settlement in Australia:
(a) is the appropriate course for the applicant; and
(b) would not be contrary to the interests of Australia.
200.225
Grant of the visa would not result in either:
(a) the number of Subclass 200 visas granted in a financial year exceeding the maximum number of Subclass 200 visas, as determined by the Minister by legislative instrument, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Subclass 200) granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister by legislative instrument, that may be granted in that financial year.
200.226
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
200.227
If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.
200.228
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
200.229
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 200 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
(b) if the person has previously been in Australia, satisfies special return criterion 5001.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 200 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
200.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.
200.31—Criteria to be satisfied at time of application
200.311
The applicant:
(a) is a member of the family unit of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 200.211(1)(a) or (aa); or
(b) is a member of the immediate family of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 200.211(1)(b).
200.32—Criteria to be satisfied at time of decision
200.321
The applicant:
(a) continues to be a member of the family unit of a person who, having satisfied the primary criteria and, in particular, having met the requirements of paragraph 200.211(1)(a) or (aa), is the holder of a Subclass 200 visa; or
(b) continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having met the requirements of paragraph 200.211(1)(b)), is the holder of a Subclass 200 visa.
200.322
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
200.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(aa) if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and
(b) if the applicant has previously been in Australia, satisfies special return criterion 5001.
200.4—Circumstances applicable to grant
200.411
The applicant must be outside Australia when the visa is granted.
200.5—When visa is in effect
200.511
Permanent visa permitting the holder to travel to and enter Australia within 5 years of grant.
200.6—Conditions
200.611
Entry must be made before the date specified by the Minister for the purpose.
200.612
Condition 8502 may be imposed.
Subclass 201—In‑country Special Humanitarian
201.1—Interpretation
Note: member of the family unit and member of the immediate family are defined in regulation 1.03.
201.111
In this Part:
relevant Minister means any of the following:
(a) the Attorney‑General;
(b) the Minister for Defence;
(c) the Minister for Foreign Affairs;
(d) the Minister for Home Affairs;
(e) the Minister for Immigration and Citizenship.
201.2—Primary criteria
Note: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.
201.21—Criteria to be satisfied at time of application
201.211
(1) The applicant:
(a) is subject to persecution in the applicant’s home country and is living in the applicant’s home country; or
(aa) meets the requirements of subclause (1A); or
(b) meets the requirements of subclause (2); or
(c) is covered by subitem 1402(3B) of Schedule 1.
(1A) The applicant meets the requirements of this subclause if:
(a) the Minister has specified, in an instrument in writing, one or more classes of persons for this paragraph; and
(b) a relevant Minister has certified that the applicant is:
(i) in one of those classes; and
(ii) at risk of harm for a reason, or reasons, that relate to the applicant being in that class of persons.
(1B) Before making the instrument mentioned in paragraph (1A) (a), the Minister must consult:
(a) the Prime Minister; and
(b) the Minister for Finance and Deregulation; and
(c) any other relevant Minister that has an interest in the specification of that class of persons or that is affected by the specification.
(2) The applicant meets the requirements of this subclause if:
(a) the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian citizen or an Australian permanent resident (in this subclause called the proposer) who is, or has been, the holder of a Subclass 201 visa; and
(aa) the application is made within 5 years of the grant of that visa; and
(b) on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and
(c) the applicant continues to be a member of the immediate family of the proposer; and
(d) before the grant of that visa, that relationship was declared to Immigration.
201.22—Criteria to be satisfied at time of decision
201.221
The applicant continues to satisfy the criteria in clause 201.211.
201.222
The Minister is satisfied that there are compelling reasons for giving special consideration to granting to the applicant a permanent visa having regard to:
(a) the degree of persecution to which the applicant is subject in the applicant’s home country; and
(b) the extent of the applicant’s connection with Australia; and
(c) whether or not there is any suitable country available, other than Australia, that can provide for the applicant’s settlement and protection from persecution; and
(d) the capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia.
201.223
The permanent settlement of the applicant in Australia would be consistent with the regional and global priorities of the Commonwealth in relation to the permanent settlement of persons in Australia on humanitarian grounds.
201.224
The Minister is satisfied that permanent settlement in Australia:
(a) is the appropriate course for the applicant; and
(b) would not be contrary to the interests of Australia.
201.225
Grant of the visa would not result in either:
(a) the number of Subclass 201 visas granted in a financial year exceeding the maximum number of Subclass 201 visas, as determined by the Minister by legislative instrument, that may be granted in that financial year; or
(b) the number of visas of particular classes, including Subclass 201 visas, granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister by legislative instrument, that may be granted in that financial year.
201.226
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
201.227
If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.
201.228
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
201.229
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 201 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
(b) if the person has previously been in Australia, satisfies special return criterion 5001.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 201 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
(3) Subclause (2) does not apply if the applicant is covered by subitem 1402(3B) of Schedule 1.
201.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.
201.31—Criteria to be satisfied at time of application
201.311
The applicant:
(a) is a member of the family unit of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 201.211(1)(a), (aa) or (c); or
(b) is a member of the immediate family of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 201.211(1)(b).
201.32—Criteria to be satisfied at time of decision
201.321
The applicant:
(a) continues to be a member of the family unit of a person who, having satisfied the primary criteria and, in particular, having met the requirements of paragraph 201.211(1)(a), (aa) or (c), is the holder of a Subclass 201 visa; or
(b) continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having met the requirements of paragraph 201.211(1)(b)), is the holder of a Subclass 201 visa.
201.322
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
201.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(aa) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019; and
(b) if the applicant has previously been in Australia—satisfies special return criterion 5001.
201.4—Circumstances applicable to grant
201.411
(1) Unless subclause (2) applies, the applicant must be outside Australia when the visa is granted.
(2) If the applicant is covered by subitem 1402(3B) of Schedule 1, the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
201.5—When visa is in effect
201.511
Permanent visa permitting the holder to travel to and enter Australia within 5 years of grant.
201.6—Conditions
201.611
If the applicant is outside Australia when the visa is granted, entry must be made before the date specified by the Minister for the purpose.
201.612
Condition 8502 may be imposed.
Subclass 202—Global Special Humanitarian
202.1—Interpretation
Note: eligible New Zealand citizen, member of the family unit and member of the immediate family are defined in regulation 1.03.
202.111
In this Part:
approved proposing organisation means an organisation in relation to which the following requirements are met:
(a) the organisation has entered into a deed with the Department relating to:
(i) the proposal of applicants for a Subclass 202 visa; and
(ii) the provision and management of resettlement services to an applicant that it has proposed;
(b) the deed:
(i) is in effect; and
(ii) is not suspended under the terms of the deed.
202.2—Primary criteria
Note: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.
202.21—Criteria to be satisfied at time of application
202.211
(1) If the application does not include a proposal by an approved proposing organisation, the applicant:
(a) is subject to substantial discrimination, amounting to gross violation of human rights, in the applicant’s home country and is living in a country other than the applicant’s home country; or
(b) meets the requirements of subclause (2).
(2) The applicant meets the requirements of this subclause if:
(a) the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian citizen or an Australian permanent resident (in this subclause called the proposer); and
(b) either:
(i) the proposer is, or has been, the holder of a Subclass 202 visa, and the applicant was a member of the immediate family of the proposer on the date of grant of that visa; or
(ii) the proposer is, or has been, the holder of a Subclass 866 (Protection) visa, and the applicant was a member of the immediate family of the proposer on the date of application for that visa; or
(iia) the proposer is, or has been, the holder of a Resolution of Status (Class CD) visa, and the applicant was a member of the immediate family of the proposer on the date of application for that visa; and
(ba) the application is made within 5 years of the grant of that visa; and
(c) the applicant continues to be a member of the immediate family of the proposer; and
(d) before the grant of that visa, that relationship was declared to Immigration; and
(e) the proposer is not a person mentioned in subregulation 2.07AM(5).
202.212
If the application includes a proposal by an approved proposing organisation:
(a) the applicant is subject to substantial discrimination, amounting to gross violation of human rights, in the applicant’s home country and is living in a country other than the applicant’s home country; and
(b) the proposal is not made on behalf of another person who is mentioned in subregulation 2.07AM(5); and
(c) the applicant is still proposed by the approved proposing organisation.
202.22—Criteria to be satisfied at time of decision
202.221
(1) If the criteria in clause 202.211 apply to the applicant, the applicant continues to satisfy the criteria.
(2) If the criteria in clause 202.212 apply to the applicant, the applicant continues to satisfy the criteria.
202.222
(1) If:
(a) the applicant met the requirements of subclause 202.211(2) at the time of application; and
(b) the applicant’s proposer is, or has been, the holder of a Subclass 202 visa;
the Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa having regard to the extent of the applicant’s connection with Australia.
(2) If subclause (1) does not apply, and the application does not include a proposal by an approved proposing organisation, the Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa, having regard to:
(a) the degree of discrimination to which the applicant is subject in the applicant’s home country; and
(b) the extent of the applicant’s connection with Australia; and
(c) whether or not there is any suitable country available, other than Australia, that can provide for the applicant’s settlement and protection from discrimination; and
(d) the capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia.
(3) If the application includes a proposal by an approved proposing organisation, the Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa, having regard to:
(a) the degree of discrimination to which the applicant is subject in the applicant’s home country; and
(b) the extent of the applicant’s connection with Australia; and
(c) whether or not there is any suitable country available, other than Australia, that can provide for the applicant’s settlement and protection from discrimination; and
(d) the capacity of the approved proposing organisation to provide for the permanent settlement of the applicant in Australia.
202.223
(1) The permanent settlement of the applicant in Australia would be consistent with the regional and global priorities of the Commonwealth in relation to the permanent settlement of persons in Australia on humanitarian grounds.
(2) If the application includes a proposal by an approved proposing organisation, the permanent settlement of the applicant in Australia would be consistent with the priorities of the Commonwealth in relation to the permanent settlement in Australia of persons who are proposed by approved proposing organisations for Subclass 202 visas.
Note: This subclause commenced on 1 July 2017 as part of the Department’s Community Support Programme, which deals with the permanent settlement in Australia of persons who are proposed by approved proposing organisations for Subclass 202 visas.
202.224
The Minister is satisfied that permanent settlement in Australia:
(a) is the appropriate course for the applicant; and
(b) would not be contrary to the interests of Australia.
202.225
If the application does not include a proposal by an approved proposing organisation, the applicant is proposed for entry to Australia, in accordance with approved form 681, by:
(a) a person who:
(i) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(ii) is not a person mentioned in subregulation 2.07AM(5); or
(b) a body operating in Australia.
202.226
Grant of the visa would not result in either:
(a) the number of Subclass 202 visas granted in a financial year exceeding the maximum number of Subclass 202 visas, as determined by the Minister by legislative instrument, that may be granted in that financial year; or
(b) the number of visas of particular classes, including Subclass 202, granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister by legislative instrument, that may be granted in that financial year.
202.227
(1) The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
(2) If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.
202.227A
If:
(a) the application includes a proposal by an approved proposing organisation; and
(b) the Minister has requested an assurance of support in relation to the applicant;
the Minister is satisfied that:
(c) the assurance has been accepted by the Secretary of Social Services; and
(d) if a person (in this clause called the additional applicant):
(i) is a member of the family unit of the applicant; and
(ii) made a combined application with the applicant;
the additional applicant meets the requirements of paragraph 202.322A(c) or (d).
202.228
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
202.229
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 202 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
(b) if the person has previously been in Australia, satisfies special return criterion 5001.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 202 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
202.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.
202.31—Criteria to be satisfied at time of application
202.311
The applicant:
(a) is a member of the family unit of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 202.211(1)(a) or 202.212(a); or
(b) is a member of the immediate family of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 202.211(1)(b).
202.312
The applicant is included in:
(a) if the application of the relevant person who satisfies the primary criteria does not include a proposal by an approved proposing organisation—the proposal made under clause 202.225 in respect of that person; or
(b) if the application of the relevant person who satisfies the primary criteria includes a proposal by an approved proposing organisation—that proposal.
202.32—Criteria to be satisfied at time of decision
202.321
The applicant:
(a) continues to be a member of the family unit of a person who, having satisfied the primary criteria and, in particular, having met the requirements of paragraph 202.211(1)(a) or 202.212(a), is the holder of a Subclass 202 visa; or
(b) continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having met the requirements of paragraph 202.211(1)(b)), is the holder of a Subclass 202 visa.
202.322
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
202.322A
If:
(a) the application of the person who satisfied the primary criteria includes a proposal by an approved proposing organisation; and
(b) the Minister has requested an assurance of support in relation to that person;
the Minister is satisfied that:
(c) the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of Social Services; or
(d) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
202.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(aa) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019; and
(b) if the applicant has previously been in Australia—satisfies special return criterion 5001.
202.4—Circumstances applicable to grant
202.411
The applicant must be outside Australia when the visa is granted.
Note: If the application includes a proposal by an approved proposing organisation, the second instalment of the visa application charge must be paid before the visa can be granted.
202.5—When visa is in effect
202.511
Permanent visa permitting the holder to travel to and enter Australia within 5 years of grant.
202.6—Conditions
202.611
Entry must be made before the date specified by the Minister for the purpose.
202.612
Condition 8502 may be imposed.
Subclass 203—Emergency Rescue
203.1—Interpretation
Note: member of the family unit and member of the immediate family are defined in regulation 1.03. There are no interpretation provisions specific to this Part.
203.2—Primary criteria
Note: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.
203.21—Criteria to be satisfied at time of application
203.211
(1) The applicant:
(a) is subject to persecution in the applicant’s home country, whether the applicant is living in the applicant’s home country or in another country; or
(b) meets the requirements of subclause (2).
(2) The applicant meets the requirements of this subclause if:
(a) the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian citizen or an Australian permanent resident (in this subclause called the proposer) who is, or has been, the holder of a Subclass 203 visa; and
(aa) the application is made within 5 years of the grant of that visa; and
(b) on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and
(c) the applicant continues to be a member of the immediate family of the proposer; and
(d) before the grant of that visa, that relationship was declared to Immigration; and
(e) the proposer is not a person mentioned in subregulation 2.07AM(5).
203.22—Criteria to be satisfied at time of decision
203.221
The applicant continues to satisfy the criteria in clause 203.211.
203.222
The Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa, having regard to:
(a) in the case of an applicant who met the requirements of subclause 203.211(2) at the time of application—the extent of the applicant’s connection with Australia; or
(b) in any other case—the following:
(i) the degree of persecution to which the applicant is subject in the applicant’s home country; and
(ii) the extent of the applicant’s connection with Australia; and
(iii) whether or not there is any suitable country available, other than Australia, that can provide for the applicant’s settlement and protection from persecution; and
(iv) the capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia.
203.223
The permanent settlement of the applicant in Australia would be consistent with the regional and global priorities of the Commonwealth in relation to the permanent settlement of persons in Australia on humanitarian grounds.
203.224
The Minister is satisfied that:
(a) there are urgent and compelling reasons for the applicant to travel to Australia; and
(b) permanent settlement in Australia:
(i) is the appropriate course for the applicant; and
(ii) would not be contrary to the interests of Australia.
203.225
Grant of the visa would not result in either:
(a) the number of Subclass 203 visas granted in a financial year exceeding the maximum number of Subclass 203 visas, as determined by the Minister by legislative instrument, that may be granted in that financial year; or
(b) the number of visas of particular classes, including Subclass 203, granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister by legislative instrument, that may be granted in that financial year.
203.226
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
203.227
If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.
203.228
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
203.229
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 203 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
(b) if the person has previously been in Australia, satisfies special return criterion 5001.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 203 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
203.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.
203.31—Criteria to be satisfied at time of application
203.311
The applicant:
(a) is a member of the family unit of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 203.211(1)(a); or
(b) is a member of the immediate family of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 203.211(1)(b).
203.32—Criteria to be satisfied at time of decision
203.321
The applicant:
(a) continues to be a member of the family unit of a person who, having satisfied the primary criteria and, in particular, having met the requirements of paragraph 203.211(1)(a), is the holder of a Subclass 203 visa; or
(b) continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having met the requirements of paragraph 203.211(1)(b)), is the holder of a Subclass 203 visa.
203.322
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
203.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(aa) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019; and
(b) if the applicant has previously been in Australia—satisfies special return criterion 5001.
203.4—Circumstances applicable to grant
203.411
The applicant must be outside Australia when the visa is granted.
203.5—When visa is in effect
203.511
Permanent visa permitting the holder to travel to and enter Australia within 5 years of grant.
203.6—Conditions
203.611
Entry must be made before the date specified by the Minister for the purpose.
203.612
Condition 8502 may be imposed.
Subclass 204—Woman at Risk
204.1—Interpretation
Note: member of the family unit and member of the immediate family are defined in regulation 1.03. There are no interpretation provisions specific to this Part.
204.2—Primary criteria
Note: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.
204.21—Criteria to be satisfied at time of application
204.211
(1) The applicant:
(a) is a female person who is:
(i) subject to persecution or registered as being of concern to the United Nations High Commissioner for Refugees; and
(ii) living in a country other than her home country; or
(b) is a person who meets the requirements of subclause (2).
(2) The applicant meets the requirements of this subclause if:
(a) the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian citizen or an Australian permanent resident (in this subclause called the proposer) who is, or has been, the holder of a Subclass 204 visa; and
(aa) the application is made within 5 years of the grant of that visa; and
(b) on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and
(c) the applicant continues to be a member of the immediate family of the proposer; and
(d) before the grant of that visa, that relationship was declared to Immigration; and
(e) the proposer is not a person mentioned in subregulation 2.07AM(5).
204.212
(1) The spouse or de facto partner of the applicant is not prohibited by subclause (2) from proposing the applicant’s entry to Australia.
(2) For subclause (1), the spouse or de facto partner is prohibited from proposing the applicant’s entry to Australia if:
(a) the spouse or de facto partner is a woman who was granted a Subclass 204 visa within the 5 years immediately preceding the application; and
(b) on the date of grant of that visa:
(i) the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or
(ii) the applicant was the spouse or de facto partner of that woman and that relationship had not been declared to Immigration.
204.22—Criteria to be satisfied at time of decision
204.221
The applicant continues to satisfy the criteria in clause 204.211.
204.222
If the applicant meets the requirements of paragraph 204.211(1)(a), the Minister is satisfied that the applicant does not have the protection of a male relative and is in danger of victimisation, harassment or serious abuse because of her sex.
204.222A
The Minister is satisfied that permanent settlement in Australia:
(a) is the appropriate course for the applicant; and
(b) would not be contrary to the interests of Australia.
204.223
The permanent settlement of the applicant in Australia would be consistent with the regional and global priorities of the Commonwealth in relation to the permanent settlement of persons in Australia on humanitarian grounds.
204.224
The Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa, having regard to:
(a) in the case of an applicant who met the requirements of subclause 204.211(2) at the time of application—the extent of the applicant’s connection with Australia; or
(b) in any other case—the following:
(i) the degree of persecution to which the applicant is subject in the applicant’s home country; and
(ii) the extent of the applicant’s connection with Australia; and
(iii) whether or not there is any suitable country available, other than Australia, that can provide for the applicant’s settlement and protection from persecution; and
(iv) the capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia.
204.225
Grant of the visa would not result in either:
(a) the number of Subclass 204 visas granted in a financial year exceeding the maximum number of Subclass 204 visas, as determined by the Minister by legislative instrument, that may be granted in that financial year; or
(b) the number of visas of particular classes, including Subclass 204 granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister by legislative instrument, that may be granted in that financial year.
204.226
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
204.227
If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.
204.228
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
204.229
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 204 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
(b) if the person has previously been in Australia, satisfies special return criterion 5001.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 204 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
204.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.
204.31—Criteria to be satisfied at time of application
204.311
The applicant:
(a) is a member of the family unit of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 204.211(1)(a); or
(b) is a member of the immediate family of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 204.211(1)(b).
204.32—Criteria to be satisfied at time of decision
204.321
The applicant:
(a) continues to be a member of the family unit of a person who, having satisfied the primary criteria and, in particular, having met the requirements of paragraph 204.211(1)(a), is the holder of a Subclass 204 visa; or
(b) continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having met the requirements of paragraph 204.211(1)(b)), is the holder of a Subclass 204 visa.
204.322
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
204.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(aa) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019; and
(b) if the applicant has previously been in Australia—satisfies special return criterion 5001.
204.4—Circumstances applicable to grant
204.411
The applicant must be outside Australia when the visa is granted.
204.5—When visa is in effect
204.511
Permanent visa permitting the holder to travel to and enter Australia within 5 years of grant.
204.6—Conditions
204.611
Entry must be made before a date specified by the Minister for the purpose.
204.612
Condition 8502 may be imposed.
Subclass 300—Prospective Marriage
300.1—Interpretation
300.111
In this Part:
prospective spouse means the Australian citizen, Australian permanent resident or eligible New Zealand citizen referred to in clause 300.211.
the parties means the applicant and the prospective spouse.
Note: For eligible New Zealand citizen, see regulation 1.03.
300.2—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.
300.21—Criteria to be satisfied at time of application
300.211
The applicant intends to marry a person who is:
(a) an Australian citizen; or
(b) an Australian permanent resident; or
(c) an eligible New Zealand citizen.
300.212A
The applicant has turned 18.
300.212
(1) The prospective spouse of the applicant is not prohibited by subclause (2) from being a sponsor.
(2) The prospective spouse is prohibited from being a sponsor if:
(a) the prospective spouse is a woman who was granted a Subclass 204 (Woman at Risk) visa within the 5 years immediately preceding the application; and
(b) on the date of grant of that visa:
(i) the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or
(ii) the applicant was the spouse or de facto partner of that woman and that relationship had not been declared to Immigration.
300.213
(1) The applicant is sponsored by the prospective spouse.
(2) The prospective spouse has turned 18.
300.214
(1) The applicant and the prospective spouse have met in person since each of them turned 18.
(2) The applicant and the prospective spouse are known to each other personally.
300.215
The applicant establishes:
(a) that the parties genuinely intend to marry; and
(b) that the marriage is intended by the parties to take place within the visa period.
300.216
The Minister is satisfied that the parties genuinely intend to live together as spouses.
300.22—Criteria to be satisfied at time of decision
300.221
The applicant continues to satisfy the criteria in clause 300.211 and clauses 300.214 to 300.216.
300.221A
There is no impediment to the marriage in Australian law.
300.222
(1) The sponsorship of the applicant under clause 300.213 has been approved by the Minister and is still in force.
Note: Regulations 1.20J, 1.20KA, 1.20KB and 1.20KC limit the Minister’s discretion to approve sponsorships.
(2) The prospective spouse has consented to the disclosure by the Department, to each applicant sponsored by the prospective spouse, of any conviction of the prospective spouse for a relevant offence (within the meaning of subregulation 1.20KC(2)).
Note: The prospective spouse may be asked to consent to such disclosure on the approved form required to be completed by the prospective spouse in relation to the visa application.
(3) For the purposes of subclause (2), the conviction of the prospective spouse for a relevant offence is to be disregarded if:
(a) the conviction has been quashed or otherwise nullified; or
(b) both:
(i) the prospective spouse has been pardoned in relation to the conviction; and
(ii) the effect of that pardon is that the prospective spouse is taken never to have been convicted of the offence.
300.223
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4019, 4020 and 4021.
300.224
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
300.226
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 300 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010 and 4020; and
(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
(b) if the person has previously been in Australia, satisfies special return criteria 5001 and 5002.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 300 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
300.227
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
300.3—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.
300.31—Criteria to be satisfied at time of application
300.311
The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in clauses 300.211 to 300.212 and 300.214 to 300.216.
300.312
The sponsorship referred to in clause 300.213 in respect of the person who satisfies the primary criteria includes sponsorship of the applicant.
300.32—Criteria to be satisfied at time of decision
300.321
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 300 visa.
300.322
The sponsorship referred to in clause 300.312 has been approved by the Minister and is still in force.
300.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
300.324
If the applicant has previously been in Australia, the applicant satisfies the special return criteria 5001 and 5002.
300.326
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
300.4—Circumstances applicable to grant
300.412
(1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies.
(2) This subclause applies to a visa if:
(a) the visa is granted after 26 February 2021; and
(b) the application for the visa was made before the end of the concession period described in subregulation 1.15N(1); and
(c) the applicant for the visa:
(i) was in Australia at any time during that concession period; and
(ii) is in Australia, but not in immigration clearance, when the visa is granted.
300.5—When visa is in effect
300.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until:
(a) a date specified by the Minister, which must be a date occurring at least 9 months, but not more than 15 months, from the date of grant; or
(b) if the Minister does not specify a date—9 months from the date of grant.
300.512
Despite clause 300.511, the visa is a temporary visa permitting the holder to travel to, enter and remain in Australia until 31 March 2022 if:
(a) the visa was in effect at any time during the period beginning on 6 October 2020 and ending on 10 December 2020; and
(b) the holder is outside Australia on 10 December 2020.
300.513
Despite clauses 300.511 and 300.512, the visa is a temporary visa permitting the holder to travel to, enter and remain in Australia until 31 December 2022 if:
(a) the visa was in effect on 15 September 2021; and
(b) the holder is outside Australia on 15 September 2021.
300.6—Conditions
300.611
First entry must be made before a date specified by the Minister for the purpose.
300.612
If the applicant satisfies the primary criteria, conditions 8515 and 8519.
300.613
If the applicant satisfies the primary criteria, condition 8502 may be imposed.
300.614
If the applicant satisfies the secondary criteria, condition 8520.
300.615
If the applicant satisfies the secondary criteria, either or both of conditions 8502 and 8515 may be imposed.
Subclass 309—Partner (Provisional)
309.1—Interpretation
309.111
In this Part:
intended spouse means the person referred to in subparagraph 309.211(3)(a)(i), (ii) or (iii).
Note: eligible New Zealand citizen and guardian are defined in regulation 1.03, parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
309.2—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.
309.21—Criteria to be satisfied at time of application
309.211
(1) The applicant meets the requirements of subclause (2) or (3).
(2) The applicant meets the requirements of this subclause if the applicant is the spouse or de facto partner of:
(a) an Australian citizen; or
(b) an Australian permanent resident; or
(c) an eligible New Zealand citizen.
(3) The applicant meets the requirements of this subclause if:
(a) the applicant intends to marry:
(i) an Australian citizen; or
(ii) an Australian permanent resident; or
(iii) an eligible New Zealand citizen; and
(b) the intended marriage will, if it takes place, be a valid marriage for the purposes of section 12 of the Act.
Note: If the applicant is an applicant referred to in subclause 309.211(3), the marriage must have taken place before the applicant can be granted a visa of this subclass: see clause 309.224.
309.212
(1) The spouse, de facto partner or intended spouse of the applicant is not prohibited by subclause (2) from being a sponsor.
(2) The spouse, de facto partner or intended spouse is prohibited from being a sponsor if:
(a) the applicant is a male person; and
(b) the spouse, de facto partner or intended spouse is a woman who was granted a Subclass 204 (Woman at Risk) visa within the 5 years immediately preceding the application; and
(c) on the date of grant of that visa:
(i) the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or
(ii) the applicant was the spouse or de facto partner of that woman and that relationship had not been declared to Immigration.
309.213
(1) If the applicant is an applicant referred to in subclause 309.211(2), the applicant is sponsored:
(a) if the applicant’s spouse or de facto partner has turned 18—by that spouse or de facto partner; or
(b) if the applicant’s spouse has not turned 18—by a parent or guardian of that spouse who:
(i) has turned 18; and
(ii) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
(2) If the applicant is an applicant referred to in subclause 309.211(3), the applicant is sponsored:
(a) if the applicant’s intended spouse has turned 18—by that intended spouse; or
(b) if the applicant’s intended spouse has not turned 18—by a parent or guardian of that intended spouse who:
(i) has turned 18; and
(ii) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
309.22—Criteria to be satisfied at time of decision
309.221
The applicant continues to satisfy the criterion in clause 309.211.
309.222
(1) The sponsorship referred to in clause 309.213 has been approved by the Minister and is still in force.
Note: Regulations 1.20J, 1.20KA, 1.20KB and 1.20KC limit the Minister’s discretion to approve sponsorships.
(2) The sponsor has consented to the disclosure by the Department, to each applicant included in the sponsorship, of any conviction of the sponsor for a relevant offence (within the meaning of subregulation 1.20KC(2)).
Note: The sponsor may be asked to consent to such disclosure on the approved form required to be completed by the sponsor in relation to the visa application.
(3) For the purposes of subclause (2), the conviction of the sponsor for a relevant offence is to be disregarded if:
(a) the conviction has been quashed or otherwise nullified; or
(b) both:
(i) the sponsor has been pardoned in relation to the conviction; and
(ii) the effect of that pardon is that the sponsor is taken never to have been convicted of the offence.
309.223
In the case of an applicant who meets the requirements of subclause 309.211(2), the applicant continues to be the spouse or de facto partner of the person referred to in paragraph 309.211(2)(a), (b) or (c) who was the applicant’s spouse or de facto partner at the time of the application.
309.224
If the applicant is an applicant referred to in subclause 309.211(3), the marriage referred to in that subclause has taken place and the applicant continues to be the spouse of the intended spouse.
309.225
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
309.226
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
309.228
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 309 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4020; and
(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
(b) if the person has previously been in Australia, satisfies special return criteria 5001 and 5002.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 309 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
309.229
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
309.3—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.
309.31—Criteria to be satisfied at time of application
309.311
The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 309.21.
309.312
The sponsorship referred to in clause 309.213 of the person who satisfies the primary criteria includes sponsorship of the applicant.
309.32—Criteria to be satisfied at time of decision
309.321
The applicant:
(a) continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 309 (Partner (Provisional)) visa (the person who satisfies the primary criteria); or
(b) is a person to whom each of the following applies:
(i) the person made a combined application with the person who satisfies the primary criteria;
(ii) subsequent to the combined application being made, the person was found by the Minister not to be a member of the family unit of the person who satisfies the primary criteria;
(iii) subsequent to the person who satisfies the primary criteria being granted a Subclass 309 (Partner (Provisional)) visa and Subclass 100 (Partner) visa—the Tribunal found the person to be a member of the family unit of the person who satisfies the primary criteria.
309.322
The sponsorship referred to in clause 309.312 has been approved by the Minister and is still in force.
Note: For limitations on the Minister’s discretion to approve sponsorships see regulation 1.20J.
309.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
309.324
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
309.326
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
309.4—Circumstances applicable to grant
309.412
(1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies.
(2) This subclause applies to a visa if:
(a) the visa is granted after 26 February 2021; and
(b) the application for the visa was made before the end of the concession period described in subregulation 1.15N(1); and
(c) the applicant for the visa:
(i) was in Australia at any time during that concession period; and
(ii) is in Australia, but not in immigration clearance, when the visa is granted.
309.5—When visa is in effect
309.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until the end of the day on which:
(a) the holder is notified that the holder’s application for a Partner (Migrant) (Class BC) visa has been decided; or
(b) that application is withdrawn.
309.6—Conditions
309.611
First entry must be made before a date specified by the Minister for the purpose.
309.612
If the applicant meets the primary criteria, condition 8502 may be imposed.
309.613
If the applicant meets the secondary criteria, either or both of conditions 8502 and 8515 may be imposed.
Subclass 400—Temporary Work (Short Stay Specialist)
400.1—Interpretation
400.111
In this Part:
non‑ongoing, in relation to a person’s proposed engagement in work, means engagement in the following circumstances:
(a) the work is likely to be completed within a continuous period of 6 months or less;
(b) the person:
(i) has not been given an expectation of staying in Australia, for a purpose relating to the work, after the end of that period; and
(ii) has not made arrangements to stay in Australia, for a purpose relating to the work, after the end of that period.
400.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 400 visa include criteria set out in streams.
An applicant must satisfy the criteria in Subdivision 400.21 and also in one of Subdivisions 400.22 to 400.24.
An application for a Subclass 400 visa will be assessed against as many streams as necessary, whether or not the applicant specifies a particular stream in the application. The criteria in Subdivisions 400.22 to 400.24 will be used in turn as primary criteria for the grant of the visa as the application is assessed.
The primary criteria must be satisfied by at least one member of a family unit.
The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
400.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 400 visa.
400.211
(1) The applicant has personal attributes, an employment background, or both, that are relevant to, and consistent with, the nature of the applicant’s proposed participation in an event, or proposed engagement in an activity or work.
(2) The applicant demonstrates that there is need for the applicant to be in Australia to participate in the event, or engage in the activity or work.
400.213
The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 400 visa would be subject; and
(c) any other relevant matter.
400.214
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
400.215
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014, 4020 and 4021.
(2) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.
400.216
The applicant satisfies special return criteria 5001, 5002 and 5010.
400.22—Criteria for Highly Specialised Work stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 400 visa in the Highly Specialised Work stream.
400.221
The applicant will undertake work that is highly specialised.
400.222
The applicant’s engagement in the work will be non‑ongoing.
400.223
The applicant:
(a) will not be performing as an entertainer in Australia:
(i) under a performing contract; or
(ii) for non‑profit purposes; and
(b) will not be supporting an entertainer or a group of entertainers in Australia; and
(c) will not be directing, producing or taking another part in a film, television or radio production that is to be shown or broadcast in Australia; and
(d) will not be directing, producing or taking another part in a theatre production, concert or recording that is to be performed in Australia.
400.224
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.
400.225
(1) The applicant does not intend to engage in any course:
(a) leading to the completion of a primary or secondary education program; or
(b) leading to a degree, diploma, trade certificate or other formal award.
(2) The applicant does not intend to engage in 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 in or outside Australia.
400.24—Criteria for Australia’s Interest stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 400 visa in the Australia’s Interest stream.
400.241
(1) There are compelling circumstances that:
(a) affect Australia’s interests; and
(b) require the applicant’s entry to and stay in Australia.
(2) The applicant will participate in an event, or engage in an activity or work, that relates directly to those circumstances.
400.3—Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
400.31—Criteria
400.311
The applicant:
(a) is a member of the family unit of a person who holds a Subclass 400 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
(b) made a combined application with that person.
400.312
(1A) This clause applies to an applicant who is a member of the family unit of a person who holds a Subclass 400 visa in the Highly Specialised Work stream granted on the basis of satisfying the primary criteria for the grant of the visa.
(1) The applicant does not intend to engage in any course:
(a) leading to the completion of a primary or secondary education program; or
(b) leading to a degree, diploma, trade certificate or other formal award.
(2) The applicant does not intend to engage in 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 in or outside Australia.
400.313
The applicant genuinely intends to stay temporarily in Australia as a member of the family unit of the primary applicant, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) any other relevant matter.
400.314
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
400.315
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014, 4020 and 4021.
(2) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.
400.316
The applicant satisfies special return criteria 5001, 5002 and 5010.
400.4—Circumstances applicable to grant
400.411
The applicant must be outside Australia when the visa is granted.
400.5—When visa is in effect
400.511
Temporary visa permitting the holder:
(a) to travel to and enter Australia, within:
(i) 6 months after the date of the grant of the visa; or
(ii) a lesser period specified by the Minister; and
(b) to remain in Australia for:
(i) 6 months after first entry; or
(ii) a lesser period specified by the Minister; and
(c) to travel to and enter Australia, during the period mentioned in paragraph (b):
(i) once only; or
(ii) if the Minister specifies—more than once.
400.6—Conditions
400.611
If the applicant satisfied the primary criteria for the grant of a Subclass 400 visa:
(a) conditions 8107 and 8303 must be imposed; and
(b) condition 8503 may be imposed.
400.612
If the applicant satisfied the secondary criteria for the grant of a Subclass 400 visa:
(a) conditions 8101 and 8303 must be imposed; and
(b) condition 8503 may be imposed.
Subclass 403—Temporary Work (International Relations)
403.1—Interpretation
403.111
In this Part:
Australian signatory is a department or agency of:
(a) the Commonwealth; or
(b) a State or Territory;
that is a signatory to the relevant agreement.
foreign government agency has the meaning given by subregulation 2.57(1).
foreign signatory means a government, of a foreign country, that is a signatory to the relevant agreement.
relevant agreement means a written agreement that:
(a) is in effect; and
(b) is between:
(i) a department or agency of the Commonwealth, a State or a Territory; and
(ii) a government of a foreign country; and
(c) is at least partly for the purpose of facilitating the temporary entry of people to Australia; and
(d) is not an agreement or arrangement, or a type of agreement or arrangement, that is specified by the Minister in an instrument in writing for this paragraph.
Note: For Foreign Affairs and Foreign Minister: see regulation 1.03.
403.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 403 visa include criteria set out in streams.
An applicant must satisfy the criteria in Subdivision 403.21 and also in one of Subdivisions 403.22 to 403.28.
An application for a Subclass 403 visa will be assessed against as many streams as necessary, whether or not the applicant specifies a particular stream in the application. The criteria in Subdivisions 403.22 to 403.28 will be used in turn as primary criteria for the grant of the visa as the application is assessed.
The primary criteria must be satisfied by at least one member of a family unit.
The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
403.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 403 visa.
403.211
The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
403.212
The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 403 visa would be subject; and
(c) any other relevant matter.
403.213
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
403.214
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4013, 4014, 4020 and 4021.
(2) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.
403.215
The applicant satisfies special return criteria 5001, 5002 and 5010.
403.22—Criteria for Government Agreement stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 403 visa in the Government Agreement stream.
403.221
If the applicant was in Australia at the time of application:
(a) at that time, the applicant held a substantive temporary visa that was not:
(i) a Subclass 403 visa in the Domestic Worker (Diplomatic or Consular) stream; or
(iii) a Subclass 771 (Transit) visa; or
(iv) a special purpose visa; or
(b) if the applicant did not hold a substantive visa at that time:
(i) the last substantive temporary visa held by the applicant was not a visa mentioned in paragraph (a); and
(ii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
403.222
(1) The applicant will be engaged in work, or an activity, in Australia in accordance with the terms and conditions of a relevant agreement.
(2) The applicant meets the requirements of the relevant agreement.
(3) An Australian signatory agrees to the applicant’s stay in Australia.
(4) The foreign signatory agrees to the applicant’s stay in Australia.
(5) If the foreign signatory is not the national government of the relevant foreign country, the national government of the foreign country does not oppose the applicant’s stay in Australia.
403.223
If the Minister has required the applicant to provide a letter from an Australian signatory stating that the Australian signatory is satisfied that:
(a) 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
(b) the applicant has complied with any licensing, registration or equivalent requirements associated with the applicant’s employment or engagement;
the applicant has provided the letter.
403.224
The employment or engagement of the applicant would be of benefit to Australia.
403.225
(1) The applicant satisfies public interest criterion 4005.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
403.23—Criteria for Foreign Government Agency stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 403 visa in the Foreign Government Agency stream.
403.231
If the applicant was in Australia at the time of application:
(a) at that time, the applicant held a substantive temporary visa that was not:
(i) a Subclass 403 visa in the Domestic Worker (Diplomatic or Consular) stream; or
(iii) a Subclass 771 (Transit) visa; or
(iv) a special purpose visa; or
(b) if the applicant did not hold a substantive visa at that time:
(i) the last substantive temporary visa held by the applicant was not a visa mentioned in paragraph (a); and
(ii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
403.232
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 foreign language teacher intending to work in an Australian school but as an employee of a foreign government.
403.233
The employment or engagement of the applicant would be of benefit to Australia.
403.234
The application has the support, in writing, of the foreign government agency.
403.235
(1) The applicant satisfies public interest criterion 4005.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
403.24—Criteria for Domestic Worker (Diplomatic or Consular) stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 403 visa in the Domestic Worker (Diplomatic or Consular) stream.
403.241
If the applicant was in Australia at the time of application:
(a) at that time, the applicant held a Subclass 403 visa in the Domestic Worker (Diplomatic or Consular) stream; or
(b) if the applicant did not hold a substantive visa at that time:
(i) the last substantive visa held by the applicant was a visa mentioned in paragraph (a); and
(ii) the applicant satisfies Schedule 3 criteria 3003 and 3004.
403.242
(1) If the application is made in Australia:
(a) the applicant is undertaking full‑time domestic duties in the household of a person:
(i) who holds a subclass 995 Diplomatic (Temporary) visa; and
(ii) who had entered into an employment agreement with the applicant on the basis of which the applicant was previously granted a Subclass 403 visa in the Domestic Worker (Diplomatic or Consular) stream; or
(b) the applicant seeks to remain in Australia to undertake full‑time domestic duties in the household of a person:
(i) for whom the applicant is not currently undertaking full‑time domestic duties; and
(ii) who holds a Subclass 995 (Diplomatic (Temporary)) visa; and
(iii) who has entered into an employment agreement with the applicant in relation to those duties.
(2) For the purposes mentioned in paragraph (1)(a) or (b), the applicant is employed or engaged in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards.
403.243
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) holds a Subclass 995 (Diplomatic (Temporary)) visa; 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.
403.244
The application has the support, in writing, of the Foreign Minister.
403.245
(1) The applicant satisfies public interest criterion 4005.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
403.25—Criteria for Privileges and Immunities stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 403 visa in the Privileges and Immunities stream.
403.251
If the applicant was in Australia at the time of application:
(a) at that time, the applicant held a substantive temporary visa that was not:
(i) a Subclass 403 visa in the Domestic Worker (Diplomatic or Consular) stream; or
(iii) a Subclass 771 (Transit) visa; or
(iv) a special purpose visa; or
(b) if the applicant did not hold a substantive visa at that time:
(i) the last substantive temporary visa held by the applicant was not a visa mentioned in paragraph (a); and
(ii) the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005.
403.252
(1) The applicant is a person to whom privileges and immunities are, or are expected to be, accorded to the applicant under the International Organisations (Privileges and Immunities) Act 1963 or the Overseas Missions (Privileges and Immunities) Act 1995.
(2) The application has the support, in writing, of the Foreign Minister.
403.26—Criteria for the Seasonal Worker Program stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 403 visa in the Seasonal Worker Program stream.
403.261
Each of the following applies:
(a) an approved sponsor has agreed, in writing, to be the sponsor of the applicant;
(b) the sponsor is a temporary activities sponsor;
(c) the sponsor has not withdrawn its agreement to be the sponsor of the applicant;
(d) the sponsor has not ceased to be the sponsor of the applicant;
(e) either:
(i) there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the sponsor or a person associated with the sponsor;
(f) the applicant is seeking to enter Australia to participate in a program of seasonal work conducted by the sponsor;
(g) the applicant satisfies public interest criteria 4005 and 4019.
403.27—Criteria for the Pacific Labour Scheme stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 403 visa in the Pacific Labour Scheme stream.
403.271
Each of the following applies:
(a) the applicant is endorsed by Foreign Affairs to participate in the Pacific Labour Scheme;
(b) an approved sponsor has agreed to be the sponsor of the applicant and the sponsor is:
(i) a temporary activities sponsor; and
(ii) endorsed by Foreign Affairs to sponsor the applicant;
(c) the sponsor has not withdrawn its agreement to be the sponsor of the applicant;
(d) the sponsor has not ceased to be the sponsor of the applicant;
(e) either:
(i) there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the sponsor or a person associated with the sponsor;
(f) the applicant:
(i) is seeking to enter Australia to participate in the Pacific Labour Scheme by working for the sponsor; or
(ii) is in Australia and holds, or the last substantive visa held by the applicant was, a Subclass 403 visa in the Pacific Labour Scheme stream;
(g) the applicant satisfies public interest criteria 4005 and 4019.
403.28—Criteria for the Australian Agriculture Worker stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 403 visa in the Australian Agriculture Worker stream.
403.281
Each of the following applies:
(a) the applicant is participating, as a worker, in the Australian Agriculture Worker Program administered by Foreign Affairs;
(b) an approved sponsor has agreed to be the sponsor of the applicant and the sponsor is:
(i) a temporary activities sponsor; and
(ii) participating, as an employer, in the Australian Agriculture Worker Program administered by Foreign Affairs;
(c) the sponsor has not withdrawn the sponsor’s agreement to be the sponsor of the applicant;
(d) the sponsor has not ceased to be the sponsor of the applicant;
(e) either:
(i) there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the sponsor or a person associated with the sponsor;
(f) the applicant:
(i) is seeking to enter Australia for the purposes of the Australian Agriculture Worker Program; or
(ii) is in Australia and holds, or the last substantive visa held by the applicant was, a Subclass 403 visa in the Australian Agriculture Worker stream;
(g) the applicant satisfies public interest criteria 4005 and 4019.
403.3—Secondary criteria
Note 1: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria.
Note 2: All criteria must be satisfied at the time a decision is made on the application.
403.31—Criteria
403.311
The applicant is a member of the family unit of a person (the primary applicant) who holds any of the following visas granted on the basis of satisfying the primary criteria:
(a) a Subclass 403 visa in the Government Agreement stream;
(b) a Subclass 403 visa in the Foreign Government Agency stream;
(c) a Subclass 403 visa in the Privileges and Immunities stream.
403.312
If the primary applicant holds a Subclass 403 visa in the Government Agreement stream:
(a) the relevant agreement permits the applicant to enter Australia as a member of the family unit of the primary applicant; and
(b) an Australian signatory has agreed to the applicant’s stay in Australia; and
(c) if the relevant agreement contains terms and conditions that apply to a member of the family unit of the primary applicant, the applicant meets the requirements of the terms and conditions.
403.313
The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
403.314
The applicant genuinely intends to stay temporarily in Australia as a member of the family unit of the primary applicant, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) any other relevant matter.
403.315
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
403.316
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4013, 4014, 4020 and 4021.
(2) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.
(3) If the primary applicant holds:
(a) a Subclass 403 visa in the Government Agreement stream; or
(b) a Subclass 403 visa in the Foreign Government Agency stream;
the applicant satisfies public interest criterion 4005.
(4) If:
(a) the primary applicant holds:
(i) a Subclass 403 visa in the Government Agreement stream; or
(ii) a Subclass 403 visa in the Foreign Government Agency stream; and
(b) the applicant had turned 18 at the time of application;
the applicant satisfies public interest criterion 4019.
403.317
The applicant satisfies special return criteria 5001, 5002 and 5010.
403.4—Circumstances applicable to grant
403.411
(1) An applicant who satisfies the primary criteria for the grant of:
(a) a Subclass 403 visa in the Government Agreement stream; or
(b) a Subclass 403 visa in the Foreign Government Agency stream; or
(c) a Subclass 403 visa in the Privileges and Immunities stream;
may be in or outside Australia, but not in immigration clearance, when the visa is granted.
(2) An applicant who satisfies the secondary criteria for the grant of a Subclass 403 visa in relation to a primary applicant referred to in subclause (1) may be in or outside Australia, but not in immigration clearance, when the visa is granted.
(2A) An applicant who satisfies the primary criteria for the grant of a Subclass 403 visa in the Pacific Labour Scheme stream:
(a) if the applicant holds, or the last substantive visa held by the applicant was, a Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Labour Scheme stream—may be in or outside Australia, but not in immigration clearance, when the visa is granted; or
(b) otherwise—must be outside Australia when the visa is granted.
(2B) An applicant who satisfies the primary criteria for the grant of a Subclass 403 visa in the Australian Agriculture Worker stream:
(a) if the applicant holds, or the last substantive visa held by the applicant was, a Subclass 403 (Temporary Work (International Relations)) visa in the Australian Agriculture Worker stream—may be in or outside Australia, but not in immigration clearance, when the visa is granted; or
(b) otherwise—must be outside Australia when the visa is granted.
(3) For an applicant not covered by subclause (1), (2), (2A) or (2B):
(a) if the applicant was in Australia when the application was made—the applicant must be in Australia, but not in immigration clearance, when the visa is granted; or
(b) if the applicant was outside Australia when the application was made—the applicant must be outside Australia when the visa is granted.
403.5—When visa is in effect
403.511
(1) If the applicant is outside Australia at the time of grant—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 during a period (the period of stay) beginning on the day the applicant first enters Australia as the holder of the visa and ending at the end of a period specified by the Minister; and
(c) to travel to and re‑enter Australia during the period of stay.
(2) If the applicant is in Australia at the time of grant—temporary visa permitting the holder:
(a) to remain in Australia during a period (the period of stay) beginning on the date of grant of the visa and ending at the end of a period specified by the Minister; and
(b) to travel to and re‑enter Australia during the period of stay.
403.6—Conditions
403.611
(1) This clause applies to an applicant who satisfies the primary criteria for the grant of:
(a) a Subclass 403 visa in the Government Agreement stream; or
(b) a Subclass 403 visa in the Foreign Government Agency stream; or
(c) a Subclass 403 visa in the Privileges and Immunities stream.
(2) The visa is subject to conditions 8107, 8303, 8501 and 8516.
(3) Conditions 8301, 8502, 8503, 8525 and 8526 may be imposed.
403.612
(1) This clause applies to an applicant who satisfies the secondary criteria for the grant of a Subclass 403 visa.
(2) The visa is subject to conditions 8303, 8501 and 8516.
(3) Conditions 8106, 8301, 8502, 8503, 8522, 8525 and 8526 may be imposed.
403.613
(1) This clause applies to an applicant who satisfies the primary criteria for the grant of a Subclass 403 visa in the Domestic Worker (Diplomatic or Consular) stream.
(2) The visa is subject to conditions 8110, 8303, 8501 and 8516.
(3) Conditions 8301, 8502, 8503, 8525 and 8526 may be imposed.
403.614
(1) This clause applies to an applicant who satisfies the primary criteria for the grant of a Subclass 403 visa in the Seasonal Worker Program stream.
(2) The visa is subject to:
(a) conditions 8303, 8501, 8503 and 8577; and
(b) if specified by the Minister—one of the following conditions:
(i) condition 8575;
(ii) condition 8576.
(3) Conditions 8301, 8502, 8516, 8525 and 8526 may be imposed.
403.615
(1) This clause applies to an applicant who satisfies the primary criteria for the grant of a Subclass 403 visa in the Pacific Labour Scheme stream.
(2) The visa is subject to conditions 8303, 8501 and 8577.
(3) Conditions 8301, 8502, 8503, 8516, 8525 and 8526 may be imposed.
403.616
(1) This clause applies to an applicant who satisfies the primary criteria for the grant of a Subclass 403 visa in the Australian Agriculture Worker stream.
(2) The visa is subject to:
(a) conditions 8303, 8501 and 8611; and
(b) if specified by the Minister—one of the following conditions:
(i) condition 8575;
(ii) condition 8576.
(3) Conditions 8301, 8502, 8503, 8516, 8525 and 8578 may be imposed.
Subclass 405—Investor Retirement
405.1—Interpretation
405.111
In this Part:
designated investment means an investment in a security specified by the Minister under regulation 5.19A for this Part.
Note: For appropriate regional authority, see regulation 1.03.
405.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. Any other member of the family unit who is an applicant for a visa of this subclass need satisfy only the secondary criteria.
405.21—Criteria to be satisfied at time of application
Note 1: No criteria to be satisfied at time of application if applicant is outside Australia at that time.
Note 2: The requirements for making a valid application for an Investor Retirement (Class UY) visa are set out in item 1212B of Schedule 1.
405.211
If the applicant is in Australia, the applicant:
(a) must hold a substantive visa; or
(b) must:
(i) have held a substantive visa since last entering Australia; and
(ii) satisfy Schedule 3 criteria 3002, 3004 and 3005, unless the last substantive visa held by the applicant was a Subclass 405 visa and the Minister is satisfied that the applicant is unable to satisfy those criteria because of compassionate and compelling circumstances.
405.22—Criteria to be satisfied at time of decision
405.221
The family unit of the applicant does not include:
(a) if the applicant has a spouse or de facto partner—any other person dependent on the applicant or the applicant’s spouse or de facto partner; or
(b) if the applicant does not have a spouse or de facto partner—any person dependent on the applicant.
405.222
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
405.223
If the applicant is in Australia, the applicant has complied substantially with the conditions (the previous visa conditions) that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa, unless:
(a) if condition 8303 was a previous visa condition—the applicant has complied substantially with that condition; and
(b) either:
(i) the applicant holds a Subclass 405 visa; or
(ii) the last substantive visa held by the applicant was a Subclass 405 visa; and
(c) the Minister is satisfied that the applicant was unable to comply substantially with the previous visa conditions (other than condition 8303) because of compassionate and compelling circumstances.
405.224
If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.
405.225
The Minister may waive the requirement of clause 405.224 if the Minister is satisfied that, in the particular case, waiver is justified by:
(a) compelling circumstances that affect the interests of Australia; or
(b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
405.226
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
405.227
(1) This clause applies to an applicant other than an applicant to whom clause 405.228 applies.
(2) If the appropriate regional authority that sponsors the applicant indicates that the applicant and his or her spouse or de facto partner (if any) intend to live in a part of Australia the postcode of which was specified, at the time of application, in the instrument in writing for item 6A1001 of Schedule 6A or item 6D101 of Schedule 6D:
(a) the net value of the applicant’s assets, or (if the applicant has a spouse or de facto partner) the combined net value of the assets of the applicant and of his or her spouse or de facto partner, that are available for transfer, and capable of being transferred, to Australia is at least AUD500 000; and
(b) the applicant has access to, or (if the applicant has a spouse or de facto partner) the applicant and his or her spouse or de facto partner collectively have access to, an annual net income of at least AUD50 000; and
(c) the applicant has made a designated investment of an amount of at least AUD500 000, in the applicant’s name or in the names of the applicant and his or her spouse or de facto partner, in the State or Territory in which the appropriate regional authority that sponsors the applicant is located.
(3) If the appropriate regional authority that sponsors the applicant indicates that the applicant and his or her spouse or de facto partner (if any) do not intend to live in a part of Australia the postcode of which was specified, at the time of application, in the instrument in writing for item 6A1001 of Schedule 6A or item 6D101 of Schedule 6D:
(a) the net value of the applicant’s assets, or (if the applicant has a spouse or de facto partner) the combined net value of the assets of the applicant and of his or her spouse or de facto partner, that are available for transfer, and capable of being transferred, to Australia is at least AUD750 000; and
(b) the applicant has access to, or (if the applicant has a spouse or de facto partner) the applicant and his or her spouse or de facto partner collectively have access to, an annual net income of at least AUD65 000; and
(c) the applicant has made a designated investment of an amount of at least AUD750 000, in the applicant’s name or in the names of the applicant and his or her spouse or de facto partner, in the State or Territory in which the appropriate regional authority that sponsors the applicant is located.
(4) The Minister is satisfied that the resources required to satisfy subclause (2) or (3) (being the assets mentioned in paragraph (2)(a) or (3)(a), any assets from which the annual income is derived and any rights to the income, and the assets by which the designated investment is funded):
(a) are legally owned and lawfully acquired by:
(i) the applicant; or
(ii) the applicant’s spouse or de facto partner; or
(iii) the applicant and his or her spouse or de facto partner together; and
(b) other than resources relating to inheritance, or to the applicant’s, the spouse’s or the de facto partner’s superannuation or pension—have been held by any combination of:
(i) the applicant; and
(ii) the applicant’s spouse or de facto partner; and
(iii) the applicant and his or her spouse or de facto partner together;
throughout the 2 years immediately before the application for an Investor Retirement (Class UY) visa is made.
(5) The Minister is satisfied that the applicant and his or her spouse or de facto partner (if any) have adequate arrangements for health insurance for the period of:
(a) the applicant’s intended stay in Australia as the holder of a Subclass 405 visa; and
(b) if the applicant has a spouse or de facto partner—the spouse’s or de facto partner’s intended stay in Australia as the holder of a Subclass 405 visa.
(6) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014, 4019, 4020 and 4021.
(7) The applicant’s spouse or de facto partner (if any) satisfies:
(a) public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014 and 4020; and
(b) if the applicant’s spouse or de facto partner had turned 18 at the time of application—public interest criterion 4019.
405.228
(1) This clause applies to an applicant if:
(a) the applicant is the holder of a Subclass 405 visa; or
(b) the last substantive visa held by the applicant since last entering Australia was a Subclass 405 visa.
(2) If the appropriate regional authority that sponsors the applicant indicates that the applicant and his or her spouse or de facto partner (if any) intend to live in a part of Australia the postcode of which was specified, at the time of application, in the instrument in writing for item 6A1001 of Schedule 6A or item 6D101 of Schedule 6D:
(a) the applicant has access to, or (if the applicant has a spouse or de facto partner) the applicant and his or her spouse or de facto partner collectively have access to, an annual net income of at least AUD50 000; and
(b) the applicant has made and maintained a designated investment of an amount of at least AUD250 000, in the applicant’s name or in the names of the applicant and his or her spouse or de facto partner, in the State or Territory in which the appropriate regional authority that sponsors the applicant is located;
unless the applicant is in Australia and the Minister is satisfied that the applicant is unable to satisfy paragraph (a) or (b), or both, because of compassionate and compelling circumstances.
(3) If the appropriate regional authority that sponsors the applicant indicates that the applicant and his or her spouse or de facto partner (if any) do not intend to live in a part of Australia the postcode of which was specified, at the time of application, in the instrument in writing for item 6A1001 of Schedule 6A or item 6D101 of Schedule 6D:
(a) the applicant has access to, or (if the applicant has a spouse or de facto partner) the applicant and his or her spouse or de facto partner collectively have access to, an annual net income of at least AUD65 000; and
(b) the applicant has made and maintained a designated investment of an amount of at least AUD500 000, in the applicant’s name or in the names of the applicant and his or her spouse or de facto partner, in the State or Territory in which the appropriate regional authority that sponsors the applicant is located;
unless the applicant is in Australia and the Minister is satisfied that the applicant is unable to satisfy paragraph (a) or (b), or both, because of compassionate and compelling circumstances.
(4) The Minister is satisfied that the resources (if any) required to satisfy subclause (2) or (3) (being any assets from which the annual income is derived and any rights to the income, and the assets by which the designated investment is funded) are legally owned and lawfully acquired by:
(a) the applicant; or
(b) the applicant’s spouse or de facto partner; or
(c) the applicant and his or her spouse or de facto partner together.
(5) The Minister is satisfied that the applicant and his or her spouse or de facto partner (if any):
(a) have had adequate arrangements for health insurance for the period of:
(i) the applicant’s stay in Australia as the holder of a Subclass 405 visa; and
(ii) if the applicant has a spouse or de facto partner—the spouse’s or de facto partner’s stay in Australia as the holder of a Subclass 405 visa;
unless the applicant is in Australia and the Minister is satisfied that the applicant is unable to satisfy this paragraph because of compassionate and compelling circumstances; and
(b) have adequate arrangements for health insurance for the period of:
(i) the applicant’s intended stay in Australia as the holder of a Subclass 405 visa; and
(ii) if the applicant has a spouse or de facto partner—the spouse’s or de facto partner’s intended stay in Australia as the holder of a Subclass 405 visa.
(6) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4013, 4014, 4019, 4020 and 4021.
(6A) The applicant’s spouse or de facto partner (if any) satisfies:
(a) public interest criteria 4001, 4002, 4003, 4004, 4013, 4014 and 4020; and
(b) if the applicant’s spouse or de facto partner had turned 18 at the time of application—public interest criterion 4019.
(7) The applicant and the applicant’s spouse or de facto partner (if any) are free from tuberculosis.
(8) The applicant and the applicant’s spouse or de facto partner (if any) are free from a disease or condition that is, or may result in the applicant or the applicant’s spouse or de facto partner being, a threat to public health in Australia or a danger to the Australian community.
(9) If the applicant is a person from whom a Medical Officer of the Commonwealth has requested a signed undertaking to present himself or herself to a health authority in the State or Territory of intended residence in Australia for a follow‑up medical assessment—the applicant has provided such an undertaking.
405.3—Secondary criteria
Note: These criteria must be satisfied by any applicant who is a member of the family unit of a person who satisfies the primary criteria.
405.31—Criteria to be satisfied at time of application
405.311
The applicant is the spouse or de facto partner of a person who satisfies the primary criteria for the grant of a Subclass 405 visa.
405.312
If the applicant is outside Australia and the application is made separately from that of the applicant’s spouse or de facto partner:
(a) the spouse or de facto partner is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia with the spouse or de facto partner.
405.32—Criteria to be satisfied at time of decision
405.321
The applicant continues to be the spouse or de facto partner of a person who, having satisfied the primary criteria, is the holder of a Subclass 405 visa.
405.322
The applicant continues to satisfy the criteria in clause 405.312.
405.323
The family unit of the applicant does not include any person (other than the applicant’s spouse or de facto partner) dependent on the applicant or the applicant’s spouse or de facto partner.
405.324
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
405.325
If the applicant is in Australia, the applicant has complied substantially with the conditions (the previous visa conditions) that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa, unless:
(a) if condition 8303 was a previous visa condition—the applicant has complied substantially with that condition; and
(b) either:
(i) the applicant holds a Subclass 405 visa; or
(ii) the last substantive visa held by the applicant was a Subclass 405 visa; and
(c) the Minister is satisfied that the applicant was unable to comply substantially with the previous visa conditions (other than condition 8303) because of compassionate and compelling circumstances.
405.326
If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.
405.327
The Minister may waive the requirement of clause 405.326 if the Minister is satisfied that, in the particular case, waiver is justified by:
(a) compelling circumstances that affect the interests of Australia; or
(b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
405.328
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
405.329
(1) This clause applies to an applicant other than an applicant to whom clause 405.330 applies.
(2) The Minister is satisfied that the applicant has adequate arrangements for health insurance for the period of the applicant’s intended stay in Australia as the holder of a Subclass 405 visa.
(3) The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
405.330
(1) This clause applies to an applicant if:
(a) the applicant is the holder of a Subclass 405 visa; or
(b) the last substantive visa held by the applicant since last entering Australia was a Subclass 405 visa.
(2) The Minister is satisfied that the applicant has had adequate arrangements for health insurance for the period of the applicant’s stay in Australia as the holder of a Subclass 405 visa, unless:
(a) the applicant is in Australia; and
(b) the Minister is satisfied that the applicant is unable to satisfy this subclause because of compassionate and compelling circumstances.
(2A) The Minister is satisfied that the applicant has adequate arrangements for health insurance for the period of the applicant’s intended stay in Australia as the holder of a Subclass 405 visa.
(3) The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4013, 4014, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
(4) The applicant is free from tuberculosis.
(5) 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.
(6) If the applicant is a person from whom a Medical Officer of the Commonwealth has requested a signed undertaking to present himself or herself to a health authority in the State or Territory of intended residence in Australia for a follow‑up medical assessment—the applicant has provided such an undertaking.
405.4—Circumstances applicable to grant
405.411
The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.
405.5—When visa is in effect
405.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
405.6—Conditions
405.611
Conditions 8104, 8501 and 8516 must be imposed.
405.612
Any 1 or more of conditions 8301, 8303, 8502, 8522, 8525 and 8526 may be imposed.
Subclass 407—Training
407.1—Interpretation
Note: There are no interpretation provisions specific to this Part.
407.2—Primary criteria
Note 1: The primary criteria must be satisfied by at least one member of a family unit. Any other member of the family unit who is an applicant for a visa of this subclass need satisfy only the secondary criteria.
Note 2: All criteria must be satisfied at the time a decision is made on the application.
407.211
Either:
(a) the applicant has turned 18; or
(b) the applicant has not turned 18 and exceptional circumstances exist for the grant of the visa.
407.212
The applicant has functional English.
Note: For functional English, see subsection 5(2) of the Act.
407.213
Each of the following applies:
(a) an approved sponsor has agreed, in writing, to be the sponsor of the applicant;
(b) the sponsor is:
(i) a temporary activities sponsor; or
(ii) if the application was made on or before 18 May 2017—a professional development sponsor or a training and research sponsor;
(c) the sponsor has not withdrawn its agreement to be the sponsor of the applicant;
(d) the sponsor has not ceased to be the sponsor of the applicant.
407.214
If the approved sponsor is not a Commonwealth agency:
(a) the sponsor has nominated a program of occupational training in relation to the applicant under paragraph 140GB(1)(b) of the Act; and
(b) the nomination has been approved under section 140GB of the Act on the basis of the criteria in regulation 2.72A; and
(c) the approval of the nomination has not ceased under regulation 2.75A; and
(d) either:
(i) there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the sponsor or a person associated with the sponsor.
407.215
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.
407.216
The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
407.217
The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
(a) if the applicant has held a substantive visa—whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 407 visa would be subject; and
(c) any other relevant matter.
407.218
The applicant does not hold:
(a) a permanent visa; or
(b) a temporary visa specified by the Minister in a legislative instrument made for the purposes of this paragraph.
407.219
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
407.219A
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.
407.219B
The applicant satisfies special return criteria 5001, 5002 and 5010.
407.219C
Either:
(a) the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the Minister is satisfied that the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
407.3—Secondary criteria
Note 1: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
Note 2: All criteria must be satisfied at the time a decision is made on the application.
407.311
The applicant is a member of the family unit of a person who holds any of the following visas granted on the basis of satisfying the primary criteria for the grant of the visa:
(a) a Subclass 402 (Training and Research) visa;
(b) a Subclass 407 (Training) visa.
407.312
The approved sponsor of the primary applicant:
(a) has agreed, in writing, to be the sponsor of the applicant; and
(b) has not withdrawn its agreement to be the sponsor of the applicant; and
(c) has not ceased to be the sponsor of the primary applicant; and
(d) either:
(i) there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the sponsor or a person associated with the sponsor.
407.313
Either:
(a) the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the Minister is satisfied that the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
407.314
The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
407.315
The applicant genuinely intends to stay temporarily in Australia as a member of the family unit of the primary applicant, having regard to:
(a) if the applicant has held a substantive visa—whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) any other relevant matter.
407.316
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
407.317
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.
407.318
The applicant satisfies special return criteria 5001, 5002 and 5010.
407.4—Circumstances applicable to grant
407.411
The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.
407.5—When visa is in effect
407.511
(1) If the applicant is outside Australia at the time of grant—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 during a period (the period of stay) beginning on the day the applicant first enters Australia as the holder of the visa and ending at the end of a period specified by the Minister, which must not exceed 2 years; and
(c) to travel to and re‑enter Australia during the period of stay.
(2) If the applicant is in Australia at the time of grant—temporary visa permitting the holder:
(a) to remain in Australia during a period (the period of stay) beginning on the date of grant of the visa and ending at the end of a period specified by the Minister, which must not exceed 2 years; and
(b) to travel to and re‑enter Australia during the period of stay.
407.6—Conditions
407.611
If the applicant is a primary applicant:
(a) the visa is subject to conditions 8102, 8303, 8501 and 8516; and
(b) conditions 8106, 8107, 8301, 8502, 8503, 8525 and 8526 may be imposed.
407.612
If the applicant is a secondary applicant:
(a) the visa is subject to conditions 8104, 8303 and 8501; and
(b) conditions 8106, 8301, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.
Subclass 408—Temporary Activity
408.1—Interpretation
408.111
In this Part:
adverse supporter information: see clause 408.112.
foreign government agency has the meaning given by subregulation 2.57(1).
government agency has the meaning given by subregulation 2.57(1).
net employment benefit: an activity which a person seeks to enter or remain in Australia to carry out is taken to bring a net employment benefit to the Australian entertainment industry if:
(a) the person seeks to enter or remain in Australia to carry out the activity individually or in association with a group; and
(b) the Minister is satisfied that the carrying out of the activity would lead to greater employment of Australian citizens or Australian permanent residents (or both) than if a person normally resident in Australia undertook the activity.
passes the sponsorship test: a person passes the sponsorship test in relation to an applicant if:
(a) the person:
(i) is an approved sponsor; and
(ii) has agreed, in writing, to be the sponsor of the applicant; and
(iii) has not withdrawn that agreement; and
(iv) has not ceased to be the sponsor of the applicant; and
(b) either:
(i) there is no adverse information known to Immigration about the person, or a person associated with the person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person, or a person associated with the person; and
(c) if the person is not a temporary activities sponsor—the application was made on or before 18 May 2017.
Note: The sponsor may be, but is not required to be, the same as the sponsor (or applicant for approval as a sponsor) specified in the visa application.
passes the support test: a person or organisation passes the support test in relation to an applicant if:
(a) if requested by the Minister—the applicant produces a letter of support, from the person or organisation, which:
(i) identifies the event, activity or work for which the applicant seeks to enter or remain in Australia; and
(ii) sets out the duties of the applicant in relation to the event, activity or work; and
(iii) sets out the date or dates, and the location or locations, of the event, activity or work; and
(b) either:
(i) there is no adverse supporter information known to Immigration about the person or organisation, or a person associated with the person or organisation; or
(ii) it is reasonable to disregard any adverse supporter information known to Immigration about the person or organisation, or a person associated with the person or organisation.
sporting organisation has the meaning given by subregulation 2.57(1).
408.112
(1) In this Part, adverse supporter information about a person or organisation is any adverse information relevant to the suitability of the person or organisation to support an application for a Subclass 408 visa (otherwise than as an approved work sponsor of the applicant).
(2) Without limiting subclause (1), adverse supporter information about a person or organisation includes information that the person or organisation:
(a) has contravened a law of the Commonwealth, a State or a Territory; or
(b) is under investigation, subject to disciplinary action or subject to legal proceedings in relation to a contravention of such a law; or
(c) has been the subject of administrative action (including being issued with a warning) for a possible contravention of such a law by a Department or regulatory authority that administers or enforces the law; or
(d) has become insolvent (within the meaning of section 95A of the Corporations Act 2001); or
(e) has given, or caused to be given, to the Minister, an officer, the Tribunal or an assessing authority a bogus document, or information that is false or misleading in a material particular.
(3) Nothing in this clause affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
(4) In this clause:
information that is false or misleading in a material particular means information that is:
(a) false or misleading at the time it is given; and
(b) relevant to any of the matters the Minister may consider when making a decision under the Act or these Regulations, whether or not the decision is made because of that information.
Note: For the definition of bogus document, see subsection 5(1) of the Act.
408.2—Primary criteria
Note 1: The primary criteria must be satisfied by at least one member of a family unit. Any other member of the family unit who is an applicant for a visa of this subclass need satisfy only the secondary criteria.
Note 2: All criteria must be satisfied at the time a decision is made on the application.
408.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 408 visa.
408.211
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.
408.212
The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
408.213
The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
(a) if the applicant has held a substantive visa—whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 408 visa would be subject; and
(c) any other relevant matter.
408.214
The applicant does not hold:
(a) a permanent visa; or
(b) a temporary visa specified by the Minister in a legislative instrument made for the purposes of this paragraph.
408.215
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
408.216
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.
408.217
The applicant satisfies special return criteria 5001, 5002 and 5010.
408.218
Either:
(a) the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
408.219
(1) Subject to subclause (2), the applicant:
(a) will not be performing as an entertainer in Australia:
(i) under a performing contract; or
(ii) for non‑profit purposes; and
(b) will not be supporting an entertainer or a group of entertainers in Australia; and
(c) will not be directing, producing or taking another part in:
(i) a film, television or radio production that is to be shown or broadcast in Australia; or
(ii) a theatre production or concert that is to be performed in Australia; or
(iii) a recording that is to take place in Australia.
(2) This clause does not apply to an applicant who satisfies the requirements in clause 408.229 (Australian Government endorsed events) or 408.229A (entertainment).
408.219A
A clause in Subdivision 408.22 applies to the applicant.
408.22—Alternative criteria
Note: A clause in this Subdivision must apply to the applicant in order for the applicant to satisfy the primary criterion in clause 408.219A.
408.221
Invited participant in an event
This clause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to participate in one or more events; and
(b) the applicant stated on the application form that the proposed length of stay in Australia did not exceed 3 months; and
(c) the applicant has been invited to participate in the event or events by a person or organisation; and
(d) the person or organisation:
(i) is directly responsible for the event or events; or
(ii) has a formal role in preparing for, or conducting, the event or events; and
(e) the duties or tasks to be undertaken by the applicant are appropriate and reasonable, having regard to the requirements of the event or events; and
(f) either:
(i) the person or organisation is a temporary activities sponsor and passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made—the person or organisation passes the support test in relation to the applicant.
408.222
(1) This clause applies to the applicant if subclause (2) or (3) applies to the applicant.
Sports trainee
(2) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to participate in sport by being trained by a sporting organisation (the relevant sporting organisation) that is lawfully operating in Australia; and
(b) the applicant is a sportsperson or adjudicator who:
(i) is currently competing or adjudicating at the Australian national level, or equivalent; or
(ii) is endorsed by the relevant peak sporting body in Australia or overseas as having the demonstrated potential to compete or adjudicate at the Australian national level, or equivalent; and
(c) the relevant sporting organisation has an international reputation for training elite sportspeople or adjudicators; and
(d) the relevant sporting organisation is not a sporting club that, as its primary activity, competes in sporting competitions below the Australian national level for the sport; and
(e) either:
(i) the relevant sporting organisation is a temporary activities sponsor, or a long stay activity sponsor, and passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—the relevant sporting organisation passes the support test in relation to the applicant.
Elite player, coach, instructor or adjudicator
(3) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to be a player, a coach, an instructor or an adjudicator in relation to an Australian sporting team or sporting organisation; and
(b) the applicant has been invited to participate in the activity referred to in paragraph (a) by a sporting organisation (the relevant sporting organisation) that is lawfully operating in Australia; and
(c) the applicant has entered into a formal arrangement that provides for the applicant to participate in the activity referred to in paragraph (a) for a period specified in the arrangement; and
(d) the Minister has been provided with a letter of endorsement from the national sporting body responsible for administering the sport in Australia, certifying that the applicant has the ability to play, coach, instruct or adjudicate at the Australian national level; and
(e) either:
(i) the relevant sporting organisation is a temporary activities sponsor, or a long stay activity sponsor, and passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—the relevant sporting organisation passes the support test in relation to the applicant.
408.223
Religious worker
This clause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to provide services as a religious worker; and
(b) the applicant has been invited to provide the services by a religious institution that is lawfully operating in Australia; and
(c) the applicant will be engaged on a full‑time basis to work or participate in an activity in Australia that:
(i) is predominately non‑profit in nature; and
(ii) directly serves the religious objectives of the religious institution; and
(d) the applicant has appropriate qualifications and experience to undertake the work or activity; and
(e) either:
(i) the religious institution is a temporary activities sponsor, or a long stay activity sponsor, and passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—the religious institution passes the support test in relation to the applicant.
408.224
Domestic worker
This clause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to provide services as a domestic worker; and
(b) the applicant has been invited to provide the services by a person or organisation that is:
(i) a foreign government agency that employs a person (the first visa holder) who holds a Subclass 403 (Temporary Work (International Relations)) visa in the Privileges and Immunities stream; or
(ii) a foreign organisation that is lawfully operating in Australia and that employs a person (the first visa holder) who holds a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa; and
(c) the first visa holder is the national managing director, deputy national managing director or State or Territory manager of an Australian office of the foreign government agency or foreign organisation; and
(d) the applicant will be employed to undertake full‑time domestic duties in the private household of the first visa holder; and
(e) the grant of the visa would not cause the number of domestic workers holding visas for employment in the household of the first visa holder to exceed 3 (including the applicant); and
(f) the applicant has turned 18; and
(g) the applicant has experience working as a domestic worker; and
(h) the person or organisation provides evidence that:
(i) the person or organisation has been unable to find a suitable person in Australia to undertake the duties; or
(ii) there are compelling reasons for employing the applicant; and
(i) the applicant is to be employed in Australia in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards; and
(j) either:
(i) the person or organisation is a temporary activities sponsor, or a long stay activity sponsor, and passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—the person or organisation passes the support test in relation to the applicant.
408.225
Superyacht crew
This clause applies to the applicant if:
(a) the applicant is a member of the crew of a superyacht; and
(b) the applicant has turned 18; and
(c) either:
(i) the captain, owner or operator of the superyacht is a temporary activities sponsor, or a superyacht crew sponsor, and passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—the captain, owner or operator of the superyacht passes the support test in relation to the applicant.
408.226
(1) This clause applies to the applicant if either subclause (2) or (3) applies to the applicant.
Research
(2) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to observe or participate in an Australian research project:
(i) at an Australian tertiary or research institution (the relevant institution) that is lawfully operating in Australia; and
(ii) in collaboration with academics employed by the relevant institution; and
(b) the applicant:
(i) is employed, or was formerly employed, as an academic at a tertiary or research institution; and
(ii) has a significant record of achievement in his or her field; and
(c) either:
(i) the relevant institution is a temporary activities sponsor, or a training and research sponsor, and passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—the relevant institution passes the support test in relation to the applicant.
Research (student)
(3) This subclause applies to the applicant if:
(a) the applicant:
(i) is a student of a foreign educational institution; or
(ii) has graduated from a foreign educational institution during the 12 months preceding the making of the application; and
(b) the applicant seeks to enter or remain in Australia to undertake research at an Australian tertiary or research institution (the relevant institution) that is closely related to the course in which the student is or was enrolled at the foreign educational institution; and
(c) the relevant institution is lawfully operating in Australia; and
(d) either:
(i) the relevant institution is a temporary activities sponsor, or a training and research sponsor, and passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—the relevant institution passes the support test in relation to the applicant.
408.227
Staff exchange
This clause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to work for an organisation (the first organisation) that is:
(i) an Australian organisation that is lawfully operating in Australia; or
(ii) a government agency; or
(iii) a foreign government agency; and
(b) there is a written agreement between the first organisation and a foreign organisation (the reciprocating organisation) that provides for:
(i) the applicant to work for the first organisation in Australia for a period specified in the agreement; and
(ii) a named person, who is an Australian citizen or an Australian permanent resident, to have the opportunity to obtain experience with the reciprocating organisation for a specified period; and
(c) the exchange set out in paragraph (b) will be of benefit to both the applicant and the Australian citizen or Australian permanent resident; and
(d) the work that the applicant will perform for the first organisation will be in a skilled position; and
(e) either:
(i) the first organisation is a temporary activities sponsor, or a long stay activity sponsor, and passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—the first organisation passes the support test in relation to the applicant.
408.228
(1) This clause applies to the applicant if any of subclauses (2) to (5) apply to the applicant.
Youth exchange program
(2) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to participate in a youth exchange program that has been approved in writing by the Secretary for the purposes of this paragraph; and
(b) the program is being conducted by a person or organisation that is:
(i) an Australian organisation that is lawfully operating in Australia; or
(ii) a government agency; and
(c) the person or organisation is a party to a special program agreement with the Secretary in relation to the program; and
(d) either:
(i) the person or organisation is a temporary activities sponsor, or a special program sponsor, and passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—the person or organisation passes the support test in relation to the applicant.
School to School Interchange Program
(3) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to participate in the School to School Interchange Program; and
(b) the School to School Interchange Program is being conducted, or is proposed to be conducted, by a person or organisation that is:
(i) a community‑based, non‑profit Australian organisation that is lawfully operating in Australia; or
(ii) a government agency; and
(c) either:
(i) the person or organisation is a temporary activities sponsor, or a special program sponsor, and passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—the person or organisation passes the support test in relation to the applicant.
School Language Assistants Program
(4) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to participate in the School Language Assistants Program; and
(b) the School Language Assistants Program is being conducted, or is proposed to be conducted, by:
(i) a community‑based, non‑profit Australian organisation that is lawfully operating in Australia; or
(ii) a government agency; and
(c) either:
(i) the person or organisation is a temporary activities sponsor, or a special program sponsor, and passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—the person or organisation passes the support test in relation to the applicant.
Other programs
(5) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to participate in a program which:
(i) has the objective of cultural enrichment or community benefit; and
(ii) has been approved in writing by the Secretary for the purposes of this paragraph; and
(b) the program is being conducted, or is proposed to be conducted, by a person or organisation that is:
(i) a community‑based, non‑profit Australian organisation that is lawfully operating in Australia; or
(ii) a government agency; and
(c) the person or organisation is a party to a special program agreement with the Secretary in relation to the program; and
(d) either:
(i) the person or organisation is a temporary activities sponsor, or a special program sponsor, and passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—the person or organisation passes the support test in relation to the applicant.
408.229
Australian Government endorsed event
This clause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to undertake work directly associated with an event; and
(b) the event is specified in a legislative instrument made by the Minister for the purposes of this paragraph; and
(c) the applicant is in a class of persons specified in the instrument in relation to the event.
Note: There is no requirement for a person or organisation to pass the sponsorship test or pass the support test in relation to the applicant.
408.229A
(1) This clause applies to the applicant if any of subclauses (2) to (8) apply to the applicant.
Performing in film or television production subsidised by government
(2) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to perform:
(i) as an entertainer under a performing contract for one or more specific engagements (other than non‑profit engagements) in Australia; and
(ii) in a film or television production that is subsidised, in whole or in part, by a government in Australia; and
(iii) in a leading role, major supporting role or cameo role, or to satisfy ethnic or other special requirements; and
(b) the Arts Minister, or a person authorised by the Arts Minister, has provided a certificate confirming that the relevant Australian content criteria have been met; and
(c) either:
(i) an eligible sponsor passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant; and
(d) the eligible sponsor or eligible supporter holds any necessary licences in respect of the production; and
(e) the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia.
Performing in film or television production not subsidised by government
(3) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to perform:
(i) as an entertainer under a performing contract for one or more specific engagements (other than non‑profit engagements) in Australia; and
(ii) in a film or television production that is not subsidised in any way by a government in Australia; and
(iii) in a leading role, major supporting role or cameo role, or to satisfy ethnic or other special requirements; and
(b) the Arts Minister, or a person authorised by the Arts Minister, has provided a certificate confirming that:
(i) citizens and residents of Australia have been afforded a reasonable opportunity to participate in all levels of the 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 or supported for entry; and
(c) either:
(i) an eligible sponsor passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant; and
(d) the eligible sponsor or eligible supporter holds any necessary licences in respect of the production; and
(e) the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia.
Performing in productions not related to film or television
(4) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to perform as an entertainer under a performing contract that:
(i) is not related to a film or television production; and
(ii) is for one or more specific engagements (other than non‑profit engagements) in Australia; and
(b) the activity of the applicant referred to in paragraph (a) will bring a net employment benefit to the Australian entertainment industry; and
(c) either:
(i) an eligible sponsor passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant; and
(d) the eligible sponsor or eligible supporter holds any necessary licences in respect of the activity of the applicant referred to in paragraph (a); and
(e) the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia; and
(f) the eligible sponsor or eligible supporter has provided an itinerary specifying the dates and venues for all performances.
Production roles other than as a performer
(5) This subclause applies to the applicant if:
(a) the applicant will be directing, producing or taking another part (otherwise than as a performer) in:
(i) a film, television or radio production that is to be shown or broadcast in Australia; or
(ii) a theatre production or concert that is to be performed in Australia; or
(iii) a recording that is to take place in Australia; and
(b) the activity of the applicant referred to in paragraph (a) will bring a net employment benefit to the Australian entertainment industry; and
(c) either:
(i) an eligible sponsor passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant; and
(d) the eligible sponsor or eligible supporter holds any necessary licences in respect of the activity of the applicant referred to in paragraph (a); and
(e) the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia; and
(f) the eligible sponsor or eligible supporter has provided an itinerary specifying the dates and venues for the production, concert or recording.
Support staff for profit
(6) This subclause applies to the applicant if:
(a) the applicant will be supporting an entertainer or a body of entertainers in relation to a performing contract for one or more specific engagements (other than non‑profit engagements) in Australia by assisting a performance or by providing personal services; and
(b) the activity of the applicant referred to in paragraph (a) will bring a net employment benefit to the Australian entertainment industry; and
(c) either:
(i) an eligible sponsor passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant; and
(d) the eligible sponsor or eligible supporter holds any necessary licences in respect of the activity of the applicant referred to in paragraph (a); and
(e) the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia; and
(f) the eligible sponsor or eligible supporter has provided an itinerary specifying the dates and venues for all performances.
Non‑profit engagements
(7) This subclause applies to the applicant if:
(a) the applicant will be:
(i) performing as an entertainer in one or more specific engagements that are for non‑profit purposes; or
(ii) supporting an entertainer or a body of entertainers in relation to one or more specific engagements that are for non‑profit purposes, by assisting a performance or by providing personal services; and
(b) either:
(i) an eligible sponsor passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant; and
(c) the eligible sponsor or eligible supporter has provided an itinerary specifying the dates and venues for all performances.
Documentary program or commercial for overseas market
(8) This subclause applies to the applicant if:
(a) the applicant will participate in the making of a documentary program or commercial that is for an overseas market; and
(b) either:
(i) an eligible sponsor passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant.
Eligible sponsor
(9) For the purposes of this clause, a person is an eligible sponsor if:
(a) the person is a temporary activities sponsor or an entertainment sponsor; and
(b) the person is:
(i) an Australian organisation that is lawfully operating in Australia; or
(ii) a government agency; or
(iii) a foreign government agency.
Eligible supporter
(10) For the purposes of this clause, a person or organisation is an eligible supporter if the person or organisation is:
(a) an Australian organisation that is lawfully operating in Australia; or
(b) a government agency; or
(c) a foreign government agency; or
(d) an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
408.3—Secondary criteria
Note 1: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
Note 2: All criteria must be satisfied at the time a decision is made on the application.
408.311
The applicant is a member of the family unit of a person (the primary applicant) who holds any of the following visas granted on the basis of satisfying the primary criteria for the grant of that visa:
(a) a Subclass 408 (Temporary Activity) visa;
(b) a Subclass 401 (Temporary Work (Long Stay Activity)) visa;
(c) a Subclass 402 (Training and Research) visa in the Research stream;
(d) a Subclass 416 (Special Program) visa granted on the basis that the primary applicant satisfied the criterion in paragraph 416.222(a) (special program other than a special program of seasonal work);
(e) a Subclass 420 (Temporary Work (Entertainment)) visa;
(f) a Subclass 488 (Superyacht Crew) visa.
408.312
If the primary applicant was sponsored by an approved work sponsor, the sponsor:
(a) has agreed, in writing, to be the sponsor of the applicant; and
(b) has not withdrawn its agreement to be the sponsor of the applicant; and
(c) has not ceased to be the sponsor of the primary applicant; and
(d) either:
(i) there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the sponsor or a person associated with the sponsor.
408.313
Either:
(a) the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
408.314
The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
408.315
The applicant genuinely intends to stay temporarily in Australia as a member of the family unit of the primary applicant, having regard to:
(a) if the applicant has held a substantive visa—whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) any other relevant matter.
408.316
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
408.317
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
408.318
The applicant satisfies special return criteria 5001, 5002 and 5010.
408.4—Circumstances applicable to grant
408.411
The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.
408.5—When visa is in effect
408.511
(1) If the applicant is outside Australia at the time of grant—temporary visa permitting the holder:
(a) to travel to and enter Australia until a date specified by the Minister; and
(b) for a primary applicant—to remain in Australia during a period (the period of stay) beginning on the day the applicant first enters Australia as the holder of the visa and ending at the end of a period specified by the Minister, which must not exceed:
(i) for a primary applicant who states on the application form that the proposed length of stay in Australia is 3 months or less—3 months; or
(ii) for a primary applicant who satisfies the criterion in clause 408.219A on the basis of clause 408.229 (Australian Government endorsed events)—4 years; or
(iii) for any other primary applicant—2 years; and
(c) for a secondary applicant—to remain in Australia during a period (the period of stay) beginning on the day the applicant first enters Australia as the holder of the visa and ending on the day that the primary applicant’s visa ceases to be in effect; and
(d) to travel to and re‑enter Australia during the period of stay.
(2) If the applicant is in Australia at the time of grant—temporary visa permitting the holder:
(a) for a primary applicant—to remain in Australia during a period (the period of stay) beginning on the date of grant of the visa and ending at the end of a period specified by the Minister, which must not exceed:
(i) for a primary applicant who satisfies the criterion in clause 408.219A on the basis of clause 408.221 (invited participant in an event)—3 months; or
(ii) for a primary applicant who satisfies the criterion in clause 408.219A on the basis of clause 408.229 (Australian Government endorsed events)—4 years; or
(iii) for any other primary applicant—2 years; and
(b) for a secondary applicant—to remain in Australia during a period (the period of stay) beginning on the date of grant of the visa and ending on the day that the primary applicant’s visa ceases to be in effect; and
(c) to travel to and re‑enter Australia during the period of stay.
408.6—Conditions
408.611
If the applicant is a primary applicant:
(a) the visa is subject to conditions 8107 and 8303; and
(b) if the visa was granted on the basis that clause 408.229A (entertainment) applied to the applicant—the visa is subject to condition 8109; and
(c) conditions 8106, 8114, 8301, 8501, 8502, 8503, 8516, 8525 and 8526 may be imposed.
408.612
If the applicant is a secondary applicant:
(a) the visa is subject to condition 8303; and
(b) conditions 8106, 8301, 8501, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.
Subclass 410—Retirement
410.1—Interpretation
Note: No interpretation provisions specific to this Part.
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 if applicant is outside Australia at that time.
410.211
If the applicant is in Australia:
(a) the applicant holds a Subclass 410 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 410 visa; and
(ii) the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005, unless the Minister is satisfied that the applicant is unable to satisfy those criteria because of compassionate and compelling circumstances.
410.22—Criteria to be satisfied at the time of decision
410.221
(1) The applicant satisfies subclauses (2) to (8).
(2) The applicant has turned 55.
(3) If the applicant intends to reside in Australia with his or her spouse or de facto partner, the family unit of the applicant does not include any other person dependent on the applicant or the applicant’s spouse or de facto partner.
(4) If the applicant intends to reside in Australia without a spouse or de facto partner, the family unit of the applicant does not include a person dependent on the applicant.
(5) If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
(6) If the applicant is in Australia, the applicant has complied substantially with the conditions (the previous visa conditions) that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa, unless:
(a) if condition 8303 was a previous visa condition—the applicant has complied substantially with that condition; and
(b) either:
(i) the applicant holds a Subclass 410 visa; or
(ii) the last substantive visa held by the applicant was a Subclass 410 visa; and
(c) the Minister is satisfied that the applicant was unable to comply substantially with the previous visa conditions (other than condition 8303) because of compassionate and compelling circumstances.
(7) The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
(8) The applicant satisfies this subclause if:
(a) the applicant and the applicant’s spouse or de facto partner (if any) satisfy public interest criteria 4001, 4002, 4003, 4004, 4013, 4014, 4019 and 4020; and
(b) the applicant and the applicant’s spouse or de facto partner (if any) are free from tuberculosis; and
(c) the applicant and the applicant’s spouse or de facto partner (if any) are free from a disease or condition that is, or may result in the applicant or the applicant’s spouse or de facto partner being, a threat to public health in Australia or a danger to the Australian community; and
(d) if the applicant is a person from whom a Medical Officer of the Commonwealth has requested a signed undertaking to present himself or herself to a health authority in the State or Territory of intended residence in Australia for a follow‑up medical assessment—the applicant has provided such an undertaking.
410.222
The applicant satisfies public interest criterion 4021.
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 or de facto partner of a person who has applied for a Retirement (Temporary) (Class TQ) visa.
410.312
If the applicant is outside Australia and the application is made separately from that of the applicant’s spouse or de facto partner:
(a) the spouse or de facto partner is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia with the spouse or de facto partner.
410.32—Criteria to be satisfied at the time of decision
410.321
(1) The applicant satisfies subclauses (2) to (7).
(2) The applicant continues to be the spouse or de facto partner of a person who, having satisfied the primary criteria, is the holder of a Subclass 410 visa.
(3) The applicant satisfies this subclause if:
(a) the applicant:
(i) satisfies public interest criteria 4001, 4002, 4003, 4004, 4013, 4014 and 4020; and
(ii) satisfies public interest criterion 4019, if he or she had turned 18 at the time of application; and
(b) the applicant is free from tuberculosis; and
(c) 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
(d) if the applicant is a person from whom a Medical Officer of the Commonwealth has requested a signed undertaking to present himself or herself to a health authority in the State or Territory of intended residence in Australia for a follow‑up medical assessment—the applicant has provided such an undertaking.
(5) If the applicant is in Australia, the applicant has complied substantially with the conditions (the previous visa conditions) that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa, unless:
(a) if condition 8303 was a previous visa condition—the applicant has complied substantially with that condition; and
(b) either:
(i) the applicant holds a Subclass 410 visa; or
(ii) the last substantive visa held by the applicant was a Subclass 410 visa; and
(c) the Minister is satisfied that the applicant was unable to comply substantially with the previous visa conditions (other than condition 8303) because of compassionate and compelling circumstances.
(6) If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
(7) If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.
(8) The Minister may waive the requirements of subclause (7) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a) compelling circumstances that affect the interests of Australia; or
(b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
410.322
The applicant satisfies public interest criterion 4021.
410.4—Circumstances applicable to grant
410.411
The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.
410.5—When visa is in effect
410.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
410.6—Conditions
410.612
Any 1 or more of conditions 8301, 8303, 8501, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.
Note: There are no mandatory conditions.
Subclass 417—Working Holiday
417.1—Interpretation
417.111
In this Part:
working holiday eligible passport means a valid passport held by a person who is a member of a class of persons specified in an instrument mentioned in subitem 1225(3) of Schedule 1.
417.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
417.21—Criteria to be satisfied at time of application
417.211
(1) The applicant satisfies the criteria in subclauses (2), (4), (5) and (6).
(2) The applicant:
(a) holds a working holiday eligible passport of the kind, or of one of the kinds, specified in a legislative instrument made by the Minister for the purposes of this subclause; and
(b) is aged at least 18 and no more than:
(i) 35; or
(ii) if a younger age is specified in the instrument mentioned in paragraph (a) for the kind of passport the applicant holds—that younger age.
(4) 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 be accompanied by dependent children during his or her stay in Australia.
(5) If the applicant has held only one Subclass 417 visa in Australia, the Minister is satisfied that:
(a) the applicant has carried out a period or periods of specified Subclass 417 work as the holder of the visa; and
(b) the total period of the work carried out is at least 3 months; and
(c) the applicant has been remunerated for the work in accordance with relevant Australian legislation and awards; and
(d) the work was not carried out for an excluded employer.
(6) If the applicant has held 2 Subclass 417 visas in Australia, the Minister is satisfied that:
(a) the applicant has carried out a period or periods of specified Subclass 417 work; and
(b) the total period of that work is at least 6 months; and
(c) all of that work was carried out while the applicant held:
(i) the second Subclass 417 visa; or
(ii) a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 417 visa (made at a time when the applicant held the first Subclass 417 visa); and
(d) all of that work was carried out on or after 1 July 2019; and
(e) the applicant has been remunerated for that work in accordance with relevant Australian legislation and awards; and
(f) that work was not carried out for an excluded employer.
(7) A reference in subclause (5) or (6) to a Subclass 417 visa does not include a reference to a COVID‑19 affected visa.
417.22—Criteria to be satisfied at time of decision
417.221
(1) The applicant satisfies the criteria in subclauses (2) to (7).
(2) The applicant:
(a) continues to satisfy the criteria in paragraph 417.211(2)(a) and subclauses 417.211(4), (5) and (6); and
(b) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014, 4019 and 4020.
(3) If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
(4) The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
(5) 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 an instrument in writing, 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 an instrument in writing, that may be granted in that financial year.
(6) If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.
(7) The Minister may waive the requirements of subclause (6) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a) compelling circumstances that affect the interests of Australia; or
(b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
417.222
(1) If the applicant is, or has previously been, in Australia as the holder of a Subclass 417 visa:
(a) the applicant has complied substantially with the conditions that applied to any visa held by the applicant; and
(b) the applicant has not held more than 2 Subclass 417 visas in Australia (including any Subclass 417 visa held by the applicant at the time of decision on the application).
(2) A reference in subclause (1) to a Subclass 417 visa does not include a reference to a COVID‑19 affected visa.
417.3—Secondary criteria
Note: All applicants must satisfy the primary criteria.
417.4—Circumstances applicable to grant
417.411
If the applicant is not, and has not previously been, in Australia as the holder of a Subclass 417 visa granted at any time, the applicant must be outside Australia at the time of grant.
417.412
If the applicant is, or has previously been, in Australia as the holder of a Subclass 417 visa:
(a) if the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant; or
(b) if the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
417.5—When visa is in effect
417.511
(1) If the applicant is outside Australia at the time of grant—temporary visa permitting the holder:
(a) to travel to and enter Australia within 12 months after the date of grant of the visa; and
(b) to travel to, enter and remain in Australia until 12 months after the date of first entry to Australia.
(2) If:
(a) the applicant is in Australia at the time of grant; and
(b) the applicant holds a Subclass 417 visa at the time of application;
temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the visa mentioned in paragraph (b) would have otherwise ceased to be in effect.
(3) If:
(a) the applicant is in Australia at the time of grant; and
(b) the applicant does not hold a Subclass 417 visa at the time of application;
temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date of grant of the visa.
417.6—Conditions
417.611
Conditions 8547 and 8548.
417.612
Any 1 or more of conditions 8106, 8107, 8301, 8303, 8501, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.
Subclass 444—Special Category
444.1—Interpretation
Note: No interpretation provisions specific to this Part.
444.2—Primary criteria
Note: The only criteria are those set out in section 32 of the Act and in regulation 5.15A.
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.
Subclass 445—Dependent Child
445.1—Interpretation
445.111
For this Part, the parent of an applicant is a visa‑holding parent if he or she holds any of the following visas:
(a) Subclass 309 (Spouse (Provisional));
(aa) Subclass 309 (Partner (Provisional));
(b) Subclass 310 (Interdependency (Provisional));
(c) Subclass 445 (Dependent Child);
(d) Subclass 820 (Spouse);
(da) Subclass 820 (Partner);
(e) Subclass 826 (Interdependency).
Note: For dependent child, see regulation 1.03.
445.2—Primary criteria
445.21—Criteria to be satisfied at time of application
445.211
The applicant:
(a) is a dependent child of a visa‑holding parent; and
(b) is sponsored by the nominator or sponsor of the visa‑holding parent.
445.22—Criteria to be satisfied at time of decision
445.221
The parent of the applicant continues to be a visa‑holding parent.
445.222
The applicant continues to be a dependent child of the visa‑holding parent.
445.223
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) The applicant meets the requirements of this subclause if he or she continues to be sponsored by the nominator or sponsor of the visa‑holding parent.
(3) The applicant meets the requirements of this subclause if:
(a) either:
(i) the nominator or sponsor of the visa‑holding parent has died; or
(ii) the relationship between the visa‑holding parent and his or her nominator or sponsor has ceased, and either:
(A) the visa‑holding parent has requested consideration under provisions relating to family violence in Subclass 100 or 801; or
(B) the visa‑holding parent has requested consideration under provisions relating to parental arrangements for a child in Subclass 100 or 801; and
(b) the applicant is sponsored by the visa‑holding parent.
(4) The applicant meets the requirements of this subclause if:
(a) the applicant is a dependent child of a parent holding a Subclass 445 visa; and
(b) the circumstances mentioned in subparagraph (3)(a)(i), or sub‑subparagraph (3)(a)(ii)(A) or (B) apply; and
(c) the applicant is sponsored by the person who is required to satisfy the primary criteria in Subclass 100 or 801.
Note: For special provisions relating to family violence, see Division 1.5.
445.224
The sponsorship mentioned in clause 445.223 has been approved by the Minister and is still in force.
Note: Regulation 1.20KB limits the Minister’s discretion to approve sponsorships.
445.225
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
445.226
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
445.227
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 445 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4020; and
(b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 445 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criteria 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
445.228
If a person (the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
445.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are dependent children of, and who have made a combined application with, the person who satisfies the primary criteria.
445.31—Criteria to be satisfied at time of application
445.311
The applicant is a dependent child of, and made a combined application with, the person who satisfies the primary criteria for a Subclass 445 visa.
445.312
The sponsorship mentioned in paragraph 445.211(c) for the person who satisfies the primary criteria also includes sponsorship of the applicant.
445.32—Criteria to be satisfied at time of decision
445.321
The applicant continues to be a dependent child of the person who, having satisfied the primary criteria, is the holder of a Subclass 445 visa.
445.322
The sponsorship mentioned in clause 445.223 for the person who satisfies the primary criteria also includes sponsorship of the applicant.
445.323
The sponsorship mentioned in clause 445.322 has been approved by the Minister and is still in force.
445.324
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
445.325
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied, in relation to the applicant.
445.4—Circumstances applicable to grant
445.411
(1) If the application is made outside Australia, the applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies.
(2) This subclause applies to a visa if:
(a) the visa is granted after 26 February 2021; and
(b) the application for the visa was made before the end of the concession period described in subregulation 1.15N(1); and
(c) the applicant for the visa:
(i) was in Australia at any time during that concession period; and
(ii) is in Australia, but not in immigration clearance, when the visa is granted.
445.412
If the application is made in Australia, the applicant must be in 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, Partner (Provisional) (Class UF) visa or Partner (Temporary) (Class UK) visa held by the person on whom the applicant is dependent.
445.6—Conditions: Nil.
Subclass 449—Humanitarian Stay (Temporary)
449.1—Interpretation
Note: No interpretation provisions specific to this Part.
449.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. Other members of the family unit, or members of the immediate family of a person, who are applicants for a visa of this subclass need satisfy only the secondary criteria.
449.21—[No criteria to be satisfied at time of application]
449.22—Criteria to be satisfied at time of decision
449.221
(1) The applicant meets the requirements of subclause (2) or (3).
(2) The applicant meets the requirements of this subclause if:
(a) the applicant has been displaced from his or her place of residence, and:
(i) cannot reasonably return to that place of residence; and
(ii) is in grave fear of his or her personal safety because of the circumstances in which, or reasons why, he or she was displaced from that place of residence; or
(b) the applicant has not been displaced from his or her place of residence, but:
(i) there is a strong likelihood that the applicant will be displaced from that place of residence; and
(ii) the applicant is in grave fear of his or her personal safety because of the circumstances in which, or reasons why, the applicant may be displaced from that place of residence.
(3) The applicant meets the requirements of this subclause if the applicant:
(a) is a member of the immediate family of a holder of a Subclass 449 visa (the visa holder); and
(b) was a member of the visa holder’s immediate family when the visa holder was first granted a Subclass 449 visa.
449.223
Grant of the visa would not result in either:
(a) the number of Subclass 449 visas granted in a financial year exceeding the maximum number of Subclass 449 visas, as determined by the Minister by legislative instrument, that may be granted in that financial year; or
(b) the number of visas of particular classes, including Subclass 449, granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister by legislative instrument, that may be granted in that financial year.
449.224
(1) The applicant satisfies public interest criteria 4002 and 4003A.
(2) The applicant 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.
449.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of a person who satisfies the primary criteria.
449.31—[No criteria to be satisfied at time of application]
449.32—Criteria to be satisfied at time of decision
449.321
The applicant:
(a) is a member of the family unit of a person who, having met the requirements of subclause 449.221(2), is the holder of a Subclass 449 visa; or
(b) is a member of the immediate family of a person who, having met the requirements of subclause 449.221(3), is the holder of a Subclass 449 visa.
449.322
(1) The applicant satisfies public interest criteria 4002 and 4003A.
(2) The applicant 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.
449.323
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
449.4—Circumstances applicable to grant
449.411
If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
449.412
If the application is made in Australia, the applicant must be in Australia at the time of grant.
449.5—When visa is in effect
449.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
449.6—Conditions
449.611
Condition 8506.
449.612
Condition 8101 or 8104 may be imposed.
449.612A
Condition 8303 may be imposed.
449.613
If the Minister is satisfied that it would be unreasonable to require an applicant to undergo assessment in relation to criterion 4007, condition 8529.
Note: See subclauses 449.224(2) and 449.322(2).
Subclass 461—New Zealand Citizen Family Relationship (Temporary)
461.1—Interpretation
Note: There are no interpretation provisions specific to this Part.
461.2—Primary criteria
Note: All applicants must meet the primary criteria.
461.21—Criteria to be satisfied at time of application
461.211
The applicant is not a New Zealand citizen.
461.212
(1) 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 member of the family unit of:
(a) a person, other than an eligible New Zealand citizen, who is in Australia as the holder of a Subclass 444 (Special Category) visa; or
(b) a person, other than an eligible New Zealand citizen, who:
(i) is outside Australia; and
(ii) will be accompanying the applicant to Australia; and
(iii) will, on entry, be the holder of a special category visa.
(3) An applicant meets the requirements of this subclause if the applicant:
(a) either:
(i) is in Australia as the holder of a Subclass 461 (New Zealand Citizen Family Relationship (Temporary)) visa; or
(ii) is not the holder of a substantive visa and the last substantive visa held by the applicant was a Subclass 461 visa; and
(b) is no longer a member of the family unit of the person in relation to whom the applicant was granted a Subclass 461 visa; and
(c) has not become a member of the family unit of another person (whether or not the applicant is still a member of the family unit of that other person).
(4) An applicant meets the requirements of this subclause if the applicant:
(a) is outside Australia; and
(b) either:
(i) the applicant was lawfully present in Australia as the holder of a Subclass 461 visa for a period of, or periods that total, not less than 2 years in the period of 5 years immediately before the application for the visa; or
(ii) the Minister is satisfied that the applicant:
(A) has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia; and
(B) has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence; and
(c) on last departure from Australia was a holder of a Subclass 461 visa; and
(d) is no longer a member of the family unit of the person in relation to whom the applicant was granted a Subclass 461 visa; and
(e) has not become a member of the family unit of another person (whether or not the applicant is still a member of the family unit of that other person).
461.213
If the application is made in Australia:
(a) at the time of application, the applicant held a substantive temporary visa other than a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or
(b) if the applicant did not hold a substantive visa at that time:
(i) the last substantive temporary visa held by the applicant was not a visa mentioned in paragraph (a); and
(ii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
461.22—Criteria to be satisfied at time of decision
461.221
The applicant continues to satisfy the criterion in subclause 461.212(1).
461.222
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
461.223
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4013, 4014, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
461.224
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
461.225
If the application is made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.
461.226
If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
461.3—Secondary criteria
Note: All applicants must satisfy the primary criteria.
461.4—Circumstances applicable to grant
461.411
If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
461.412
If the application is made in Australia, the applicant must be in Australia at the time of grant.
461.5—When visa is in effect
461.511
Temporary visa permitting the holder to travel to, and enter and remain in, Australia for a period of 5 years from the date of grant.
461.6—Conditions
461.611
Either or both of conditions 8303 and 8501 may be imposed.
Subclass 462—Work and Holiday
462.1—Interpretation
Note: There are no interpretation provisions specific to this Part. Foreign Affairs recipient, Foreign Affairs student and specified Subclass 462 work are defined in regulation 1.03.
462.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
462.21—Criteria to be satisfied at time of application
462.211
If the applicant:
(a) is not, and has not previously been, in Australia as the holder of a Subclass 462 visa other than a COVID‑19 affected visa; and
(b) is not a member of a class of persons specified by the Minister, by an instrument in writing, for subparagraph 1224A(3)(b)(iii) of Schedule 1;
the applicant satisfies the criteria in clauses 462.212, 462.213, 462.215, 462.216 and 462.217.
462.211A
If the applicant:
(a) is not, and has not previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa other than a COVID‑19 affected visa; and
(b) is a member of a class of persons specified by the Minister, by an instrument in writing, for the purposes of subparagraph 1224A(3)(b)(iii) of Schedule 1;
the applicant satisfies the criteria in clause 462.212 and clauses 462.214 to 462.217.
462.211B
If the applicant is, or has previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa other than a COVID‑19 affected visa, the applicant satisfies the criteria in clauses 462.212, 462.214, 462.217, 462.218 and 462.219.
462.212
The applicant is aged at least 18 and no more than:
(a) 35; or
(b) if, in the instrument in writing made for the purposes of paragraph 1224A(3)(a) of Schedule 1, a younger age is specified for the foreign country that issued the passport the applicant holds—that younger age.
462.213
(1) The applicant has provided with the application a letter:
(a) from the government of a foreign country with which the Australian Government has an arrangement mentioned in clause 462.216; and
(b) that includes a statement to the effect that the government of the foreign country has agreed to the applicant’s stay in Australia under the arrangement.
(2) The applicant holds a valid passport issued by the foreign country mentioned in subclause (1).
462.214
The applicant holds a valid passport issued by a foreign country specified in an instrument in writing made under paragraph 1224A(3)(a) of Schedule 1.
462.215
The Minister is satisfied that the applicant has at least functional English.
Note: functional English is defined in subsection 5(2) of the Act.
462.216
The Minister is satisfied that the application meets the requirements of an arrangement between the Australian Government and the government of a foreign country specified in an instrument in writing made under paragraph 1224A(3)(a) of Schedule 1.
462.217
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) will not be accompanied by dependent children during the applicant’s stay in Australia unless the applicant is a member of a class of persons specified by the Minister in an instrument in writing for this paragraph.
462.218
(1) If the applicant has held only one Subclass 462 (Work and Holiday) visa in Australia, the Minister is satisfied that:
(a) the applicant has, after 18 November 2016, carried out a period or periods of specified Subclass 462 work as the holder of the visa; and
(b) the total period of the work carried out is at least 3 months; and
(c) the applicant has been remunerated for the work in accordance with relevant Australian legislation and awards; and
(d) the work was not carried out for an excluded employer.
(2) A reference in subclause (1) to a Subclass 462 (Work and Holiday) visa does not include a reference to a COVID‑19 affected visa.
462.219
(1) If the applicant has held 2 Subclass 462 (Work and Holiday) visas in Australia, the Minister is satisfied that:
(a) the applicant has carried out a period or periods of specified Subclass 462 work; and
(b) the total period of that work is at least 6 months; and
(c) all of that work was carried out while the applicant held:
(i) the second Subclass 462 (Work and Holiday) visa; or
(ii) a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 462 (Work and Holiday) visa (made at a time when the applicant held the first Subclass 462 (Work and Holiday) visa); and
(d) all of that work was carried out on or after 1 July 2019; and
(e) the applicant has been remunerated for that work in accordance with relevant Australian legislation and awards; and
(f) that work was not carried out for an excluded employer.
(2) A reference in subclause (1) to a Subclass 462 (Work and Holiday) visa does not include a reference to a COVID‑19 affected visa.
462.22—Criteria to be satisfied at time of decision
462.221
If the applicant is not, and has not previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa other than a COVID‑19 affected visa, the applicant:
(a) continues to satisfy the criteria in clauses 462.215, 462.216 and 462.217; and
(aa) continues to hold the passport mentioned in paragraph 1224A(3)(a) of Schedule 1, or a valid replacement passport issued by the country concerned; and
(b) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014, 4019 and 4020; and
(c) is the holder of an educational qualification specified in an instrument in writing for this paragraph, in relation to the foreign country that issued the passport mentioned in paragraph (aa); and
(e) is not a Foreign Affairs student or a Foreign Affairs recipient.
462.221A
If the applicant is, or has previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa other than a COVID‑19 affected visa, the applicant:
(a) continues to satisfy the criteria in clauses 462.217, 462.218 and 462.219; and
(b) continues to hold the passport mentioned in paragraph 1224A(3)(a) of Schedule 1, or a valid replacement passport issued by the country concerned; and
(c) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014, 4019 and 4020; and
(d) is not a Foreign Affairs student or a Foreign Affairs recipient.
462.222
If the applicant:
(a) was outside Australia at the time of application; and
(b) has previously been in Australia;
the applicant satisfies special return criteria 5001 and 5002.
462.223
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
462.224
(1) If the applicant is, or has previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa, the applicant has not held more than 2 Subclass 462 (Work and Holiday) visas in Australia (including any Subclass 462 (Work and Holiday) visa held by the applicant at the time of decision on the application).
(2) A reference in subclause (1) to a Subclass 462 (Work and Holiday) visa does not include a reference to a COVID‑19 affected visa.
462.3—Secondary criteria
Note: All applicants must meet the primary criteria.
462.4—Circumstances applicable to grant
462.411
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
462.412
If the applicant is in Australia at the time of application, the applicant must be in Australia, but not in immigration clearance, at the time of grant.
462.5—When visa is in effect
462.511
If the applicant is outside Australia at the time of grant—temporary visa permitting the holder:
(a) to travel to and enter Australia within 12 months after the date of the grant of the visa; and
(b) to travel to, enter and remain in Australia until 12 months after the date of first entry to Australia.
462.512
If the applicant is in Australia at the time of grant and did not hold a Subclass 462 (Work and Holiday) visa at the time of application—temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date of grant.
462.513
If the applicant is in Australia at the time of grant and held a Subclass 462 (Work and Holiday) visa (the old visa) at the time of application—temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the old visa would have otherwise ceased to be in effect.
462.6—Conditions
462.611
Conditions 8547 and 8548.
462.612
Any 1 or more of conditions 8303, 8501, 8503, 8516 and 8540 may be imposed, unless an application is decided by the use of a computer program in accordance with an arrangement under section 495A of the Act.
Subclass 476—Skilled—Recognised Graduate
476.1—Interpretation
476.111
In this Part:
completed, in relation to a degree, means having met the academic requirements for the award of the degree.
476.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.
476.21—Criteria to be satisfied at time of application
476.211
The applicant:
(a) has not previously held a Subclass 476 visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa; and
(b) has not previously held a Subclass 485 (Temporary Graduate) visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa.
476.212
The applicant has completed a course:
(a) in the period of 24 months ending immediately before the day on which the application is made; and
(b) at an institution specified by the Minister in an instrument in writing for this paragraph;
for the award of a degree or higher qualification in a discipline specified in an instrument in writing for this clause.
476.213
The application is accompanied by evidence that:
(a) the applicant:
(i) has undertaken a language test specified by the Minister in a legislative instrument made for this paragraph; and
(ii) has achieved, within the period specified by the Minister in the instrument, the score specified by the Minister in the instrument in accordance with the requirements (if any) specified by the Minister in the instrument; or
(b) the applicant holds a passport of a type specified by the Minister in a legislative instrument made for this paragraph.
476.22—Criteria to be satisfied at time of decision
476.222
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
476.223
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
476.224
Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 476 visa, is a person who:
(d) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
(da) if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and
(e) if the person has previously been in Australia—satisfies special return criteria 5001, 5002 and 5010.
476.225
If a person (the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) is less than 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied for the additional applicant.
476.226
Grant of the visa would not result in either:
(a) the number of Subclass 476 visas granted in a financial year exceeding the maximum number of Subclass 476 visas, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Subclass 476) granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year.
476.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of an applicant who satisfies the primary criteria.
476.31—Criteria to be satisfied at time of application
476.311
The applicant:
(a) is a member of the family unit of a person who satisfies the primary criteria in Subdivision 476.21, and made a combined application with that person; or
(b) is a member of the family unit of a person who is the holder of a Skilled (Provisional) (Class VF) visa on the basis of satisfying the primary criteria for the grant of a Subclass 476 visa.
476.32—Criteria to be satisfied at time of decision
476.321
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 476 visa.
476.322
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
476.323
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
476.324
If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
476.4—Circumstances applicable to grant
476.411
(1) If the applicant who satisfied the primary criteria for the grant of the visa is also the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, may be in or outside Australia when the visa is granted.
(2) If the applicant who satisfied the primary criteria for the grant of the visa is not the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, must be outside Australia when the visa is granted.
476.412
In any other case, an applicant may be in or outside Australia when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
476.5—When visa is in effect
476.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
476.6—Conditions
476.611
If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before a date specified by the Minister for the purpose; and
(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8502 may be imposed; and
(c) condition 8515 may be imposed.
Subclass 482—Temporary Skill Shortage
482.1—Interpretation
482.111
In this Part:
nominated occupation, in relation to an applicant, means the occupation nominated by the nomination identified in the application.
482.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 482 visa include criteria set out in streams.
An applicant must satisfy the criteria in Subdivision 482.21 and also in one of Subdivisions 482.22 to 482.24.
The primary criteria must be satisfied by the applicant for a visa in a stream.
The other members of the applicant’s family unit who are applicants for a visa of this subclass must satisfy the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
482.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 482 visa.
482.211
If the applicant is in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.
482.212
(1) Each of the following applies:
(a) the nomination identified in the application has been approved under section 140GB of the Act;
(b) the person who made the nomination was an approved work sponsor at the time the nomination was approved;
(c) the approval of the nomination has not ceased under regulation 2.75.
(2) Both of the following apply:
(a) the applicant’s intention to perform the nominated occupation is genuine;
(b) the position associated with the nominated occupation is genuine.
(3) The applicant has the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation.
(4) If the Minister requires the applicant to demonstrate that he or she has the skills that are necessary to perform the tasks of the nominated occupation, the applicant demonstrates that he or she has those skills in the manner specified by the Minister.
482.213
Either:
(a) the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
482.214
The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
482.215
If the nominated occupation is a medical practitioner, the applicant’s qualifications are recognised by the relevant authority in Australia for the registration of medical practitioners as entitling the applicant to practise as a medical practitioner.
482.216
Either:
(a) there is no adverse information known to Immigration about the person who nominated the nominated occupation or a person associated with that person; or
(b) it is reasonable to disregard any adverse information known to Immigration about the person who nominated the nominated occupation or a person associated with that person.
482.217
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4013, 4014, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
482.218
The applicant satisfies special return criteria 5001, 5002 and 5010.
482.22—Criteria for Short‑term stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 482 visa in the Short‑term stream.
482.221
The applicant has worked in the nominated occupation or a related field for at least 2 years.
482.222
The applicant is a genuine applicant for entry and stay as a short term visa holder because:
(a) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) any other relevant matter; and
(b) the applicant intends to comply with any conditions to which the visa is subject, having regard to:
(i) the applicant’s record of compliance with any condition to which a visa previously held by the applicant (if any) was subject; and
(ii) the applicant’s stated intention to comply with any conditions to which the visa may be subject; and
(c) of any other relevant matter.
482.223
(1) The applicant satisfies any language test requirements specified for the applicant by the Minister in a legislative instrument made for the purposes of this subclause.
(2) If the Minister requires the applicant to demonstrate his or her English language proficiency, the applicant demonstrates his or her English language proficiency in the manner specified by the Minister.
482.224
Unless the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13):
(a) the applicant is employed to work in the nominated occupation; and
(b) the applicant is employed to work in a position in:
(i) if the person who nominated the nominated occupation was an overseas business sponsor at the time the nomination was approved—the person’s business; or
(ii) if the person who nominated the nominated occupation was not an overseas business sponsor at the time the nomination was approved—the person’s business or a business of an associated entity of the person.
482.23—Criteria for Medium‑term stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 482 visa in the Medium‑term stream.
482.231
The applicant has worked in the nominated occupation or a related field for at least 2 years.
482.232
(1) The applicant satisfies any language test requirements specified for the applicant by the Minister in a legislative instrument made for the purposes of this subclause.
(2) If the Minister requires the applicant to demonstrate his or her English language proficiency, the applicant demonstrates his or her English language proficiency in the manner specified by the Minister.
482.233
Unless the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13):
(a) the applicant is employed to work in the nominated occupation; and
(b) the applicant is employed to work in a position in:
(i) if the person who nominated the nominated occupation was an overseas business sponsor at the time the nomination was approved—the person’s business; or
(ii) if the person who nominated the nominated occupation was not an overseas business sponsor at the time the nomination was approved—the person’s business or a business of an associated entity of the person.
482.24—Criteria for Labour Agreement stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 482 visa in the Labour Agreement stream.
482.241
Both:
(a) the nominated occupation is the subject of a work agreement between the Commonwealth and the person who nominated the nominated occupation; and
(b) the work agreement authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a Subclass 482 visa.
482.242
Either:
(a) the applicant has worked in the nominated occupation or a related field for at least 2 years; or
(b) the Minister considers that it is reasonable in the circumstances to disregard paragraph (a).
482.243
The applicant has English language skills that are suitable to perform the nominated occupation.
482.3—Secondary criteria
482.311
If the applicant is in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.
482.312
(1) The applicant is a member of the family unit of a person (the primary applicant) who, having satisfied the primary criteria, is the holder of a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa.
(2) If the applicant is a member of the family unit of the primary applicant in the circumstances described in subregulation 1.12(5), the applicant:
(a) is a spouse or de facto partner of the primary applicant; or
(b) is a child or step‑child of the primary applicant or of a spouse or de facto partner of the primary applicant (other than a child or step‑child who is engaged to be married or has a spouse or de facto partner) and:
(i) has not turned 23; or
(ii) has turned 23 and is under paragraph 1.05A(1)(b) dependent on the primary applicant or on the spouse or de facto partner of the primary applicant; or
(c) is a dependent child of a person who meets the conditions in paragraph (b).
482.313
Either:
(a) the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
482.314
The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
482.315
Either:
(a) the applicant is listed on the nomination identified in the primary applicant’s application; or
(b) the approved work sponsor or former approved work sponsor who has the most recent approved nomination under section 140GB of the Act of an occupation in relation to the primary applicant for the visa mentioned in subclause 482.312(1) has agreed in writing that the applicant may be a secondary sponsored person in relation to the approved work sponsor or former approved work sponsor.
482.316
Either:
(a) there is no adverse information known to Immigration about the person who made the nomination identified in the primary applicant’s application or a person associated with that person; or
(b) it is reasonable to disregard any adverse information known to Immigration about the person who made the nomination identified in the primary applicant’s application or a person associated with that person.
482.317
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4013, 4014, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant had not turned 18 at the time of application, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
482.318
The applicant satisfies special return criteria 5001, 5002 and 5010.
482.4—Circumstances applicable to grant
482.411
The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.
482.5—When visa is in effect
482.511
(1) A temporary visa permitting the holder:
(a) to travel to, and enter, Australia on multiple occasions; and
(b) to remain in Australia;
during the period that:
(c) starts when the visa comes into effect; and
(d) ends in accordance with the following table.
End of visa period |
Item | Column 1 If … | Column 2 the period ends at … |
1 | (a) the holder satisfied the primary criteria for the grant of the visa; and (b) item 2 does not apply; | the end of the period of stay proposed in the nomination identified in the application for the visa, starting on the date of grant of the visa. |
2 | the holder: (a) satisfied the primary criteria for the grant of the visa; and (b) on the date of grant of the visa, holds: (i) a Hong Kong passport in a class specified under subclause (2) of this clause; or (ii) a British National (Overseas) passport; | the end of the period of 5 years starting on the date of grant of the visa. |
3 | (a) the holder satisfied the secondary criteria for the grant of the visa (the secondary visa) as a member of the family unit of a person (the primary applicant) who satisfied the primary criteria for the grant of one of the following visas (the primary visa): (i) a Subclass 457 (Temporary Work (Skilled)) visa; (ii) a Subclass 482 (Temporary Skill Shortage) visa; and (b) items 4 and 5 do not apply; | the end of the period the primary applicant is permitted to remain in Australia under the primary visa. |
4 | (a) the holder (the secondary applicant) satisfied the secondary criteria for the grant of the visa (the secondary visa) as a member of the family unit, in the circumstances described in subparagraph 1.12(2)(b)(ii) or subregulation 1.12(5), of a person (the primary applicant) who satisfied the primary criteria for the grant of one of the following visas (the primary visa): (i) a Subclass 457 (Temporary Work (Skilled)) visa; (ii) a Subclass 482 (Temporary Skill Shortage) visa; and (b) the secondary applicant is not dependent on the primary applicant or the spouse or de facto partner of the primary applicant in the circumstances described in paragraph 1.05A(1)(b); and (c) item 5 of this table does not apply; | the earlier of: (a) the end of the period the primary applicant is permitted to remain in Australia under the primary visa; and (b) the end of the day before the secondary applicant’s 23rd birthday. |
5 | (a) the holder (the secondary applicant) satisfied the secondary criteria for the grant of the visa (the secondary visa) as a member of the family unit of a person (the primary applicant) who satisfied the primary criteria for the grant of one of the following visas (the primary visa): (i) a Subclass 457 (Temporary Work (Skilled)) visa; (ii) a Subclass 482 (Temporary Skill Shortage) visa; and (b) on the date of grant of the primary visa, the primary applicant holds: (i) a Hong Kong passport; or (ii) a British National (Overseas) passport; and (c) if: (i) the primary visa is a Subclass 482 (Temporary Skill Shortage) visa granted on or after 9 July 2020; and (ii) on the date of grant of the primary visa, the primary applicant holds a Hong Kong passport and does not hold a British National (Overseas) passport; the Hong Kong passport is, on the date of grant of the primary visa, in a class specified under subclause (2) of this clause; | the end of the period the primary applicant is permitted to remain in Australia under the primary visa. |
(2) The Minister may, by legislative instrument, specify a class of Hong Kong passports for the purposes of items 2 and 5 of the table in subclause (1).
482.6—Conditions
482.611
If the applicant satisfies the primary criteria for the grant of the visa, condition 8607 must be imposed.
482.612
Condition 8501 must be imposed.
482.613
Condition 8303 may be imposed.
Subclass 485—Temporary Graduate
485.1—Interpretation
485.111
In this Part:
degree has the same meaning as in subregulation 2.26AC(6).
diploma has the same meaning as in subregulation 2.26AC(6).
trade qualification has the same meaning as in subregulation 2.26AC(6).
Note 1: Regulation 1.03 provides that Australian study requirement has the meaning set out in regulation 1.15F.
Note 3: For registered course, relevant assessing authority and skilled occupation, see regulation 1.03.
485.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 485 visa include criteria set out in streams.
If an applicant applies for a Subclass 485 visa in the Graduate Work stream, the criteria in Subdivisions 485.21 and 485.22 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 485 visa in the Post‑Study Work stream, the criteria in Subdivisions 485.21 and 485.23 are the primary criteria.
The primary criteria must be satisfied by at least one member of a family unit.
The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application, unless otherwise stated.
485.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for the grant of a Subclass 485 visa.
485.211
The applicant:
(a) has not previously held a Subclass 476 (Skilled — Recognised Graduate) visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa; and
(b) has not previously held a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream; and
(c) unless the applicant has nominated the Post‑Study Work stream in the application and meets the requirements of clause 485.232 or 485.233—has not previously held a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream; and
(d) has not previously held 2 Subclass 485 (Temporary Graduate) visas in the Post‑Study Work stream.
485.212
(1) The application was accompanied by evidence that:
(a) the applicant:
(i) has undertaken a language test specified by the Minister in a legislative instrument made for this paragraph; and
(ii) has achieved, within the period specified by the Minister in the instrument, the score specified by the Minister in the instrument in accordance with the requirements (if any) specified by the Minister in the instrument; or
(b) the applicant holds a passport of a type specified by the Minister in a legislative instrument made for this paragraph.
(2) Subclause (1) does not apply to an applicant who meets the requirements of clause 485.232 or 485.233.
485.213
(1) When the application was made, it was accompanied by evidence that:
(a) the applicant; and
(b) each person included in the application who is at least 16;
had applied for an Australian Federal Police check during the 12 months immediately before the day the application is made.
(2) Subclause (1) does not apply to an applicant who meets the requirements of clause 485.232 or 485.233.
485.215
(1) When the application was made, it was accompanied by evidence that the applicant had adequate arrangements for health insurance.
(2) The applicant has had adequate arrangements for health insurance since the time the application was made.
485.216
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) Each member of the family unit of the applicant who is an applicant for a Subclass 485 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020.
(4) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 485 visa; and
(b) had turned 18 at the time of application;
satisfies public interest criteria 4019.
(5) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 485 visa; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
satisfies public interest criteria 4015 and 4016.
485.217
(1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 485 visa; and
(b) has previously been in Australia;
satisfies special return criteria 5001, 5002 and 5010.
485.218
Grant of the visa would not result in either:
(a) the number of Subclass 485 visas granted in a financial year exceeding the maximum number of Subclass 485 visas specified by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Subclass 485) granted in a financial year exceeding the maximum number of visas of those classes, specified by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year.
485.22—Criteria for Graduate Work stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 485 visa in the Graduate Work stream.
485.221
The applicant satisfied the Australian study requirement:
(a) in the period of 6 months immediately before the day the application was made; or
(b) if the Minister is satisfied that the applicant was unable to apply during the period mentioned in paragraph (a) because the applicant was outside Australia during all or part of the period commencing on 1 February 2020 and ending on 19 September 2020—in the period of 12 months immediately before the day the application was made.
485.222
Each degree, diploma or trade qualification used to satisfy the Australian study requirement is closely related to the applicant’s nominated skilled occupation.
485.223
When the application was made, it was accompanied by evidence that the applicant had applied for an assessment of the applicant’s skills for the nominated skilled occupation by a relevant assessing authority.
485.224
(1) The skills of the applicant for the applicant’s nominated skilled occupation have been assessed, during the last 3 years, by a relevant assessing authority as suitable for that occupation.
(1A) If the assessment is expressed to be valid for a particular period, that period has not ended.
(2) If the applicant’s skills were assessed on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.
485.23—Criteria for Post‑Study Work stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for the grant of a Subclass 485 visa in the Post‑Study Work stream.
485.231
(1A) This clause does not apply to an applicant who meets the requirements of clause 485.232 or 485.233.
(1) The applicant holds a qualification or qualifications of a kind specified by the Minister in an instrument in writing for this subclause.
(2) Each qualification was conferred or awarded by an educational institution specified by the Minister in an instrument in writing for this subclause.
(3) The applicant satisfied the Australian study requirement:
(a) in the period of 6 months immediately before the day the application was made; or
(b) if the Minister is satisfied that the applicant was unable to apply during the period mentioned in paragraph (a) because the applicant was outside Australia during all or part of the period commencing on 1 February 2020 and ending on 19 September 2020—in the period of 12 months immediately before the day the application was made.
485.232
(1) This clause applies to an applicant for a visa (the second visa) who:
(a) held a Subclass 485 (Temporary Graduate) visa (the first visa) in the Post‑Study Work stream when the application for the second visa was made; and
(b) was granted the first visa on the basis of study undertaken in a regional centre or other regional area at an educational institution located in the regional centre or other regional area; and
(c) declared in the application for the second visa that the applicant, and any member (the family member) of the applicant’s family unit who made a combined application with the applicant, intend:
(i) to live only in a regional centre or other regional area; and
(ii) if the applicant or the family member also intends to work or study—to work or study only in a regional centre or other regional area.
(2) The applicant must have:
(a) lived only in a regional centre or other regional area while undertaking the study mentioned in paragraph (1)(b); and
(b) lived only in a regional centre or other regional area for a period of at least 2 years immediately before applying for the second visa; and
(c) if the applicant also worked or studied—worked or studied only in a regional centre or other regional area for a period of at least 2 years immediately before applying for the second visa.
(3) At the time of the decision on the application for the second visa:
(a) the applicant lives only in a regional centre or other regional area; and
(b) if the applicant also works or studies at that time—the applicant works or studies only in a regional centre or other regional area.
485.233
(1) This clause applies to an applicant for a visa (the second visa):
(a) who held a Subclass 485 (Temporary Graduate) visa (the first visa) in the Post‑Study Work stream when the application for the second visa was made; and
(b) who was granted the first visa on the basis of study undertaken in a designated regional area at an educational institution located in the designated regional area; and
(c) to whom clause 485.232 does not apply.
(2) The applicant must have:
(a) lived only in a designated regional area while undertaking the study mentioned in paragraph (1)(b); and
(b) lived only in a designated regional area for a period of at least 2 years immediately before applying for the second visa; and
(c) if the applicant also worked or studied—worked or studied only in a designated regional area for a period of at least 2 years immediately before applying for the second visa.
(3) At the time of the decision on the application for the second visa:
(a) the applicant lives only in a designated regional area; and
(b) if the applicant also works or studies at that time—the applicant works or studies only in a designated regional area.
(4) The applicant declared in the application for the second visa that the applicant, and any member (the family member) of the applicant’s family unit who made a combined application with the applicant, intend:
(a) to live only in a designated regional area; and
(b) if the applicant or the family member also works or studies (or proposes to work or study)—to work or study only in a designated regional area.
485.3—Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
485.31—Criteria
485.311
The applicant:
(a) is a member of the family unit of a person who holds a Subclass 485 visa granted on the basis of satisfying the primary criteria for the grant of the visa, and made a combined application with that person; or
(b) is a member of the family unit of a person who holds a Skilled (Provisional) (Class VC) visa on the basis of satisfying the primary criteria for the grant of a Subclass 485 visa.
485.312
(1) When the application was made, it was accompanied by evidence that the applicant had adequate arrangements for health insurance.
(2) The applicant has had adequate arrangements for health insurance since the time the application was made.
485.313
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
485.314
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
485.4—Circumstances applicable to grant
485.411
(1) The applicant who satisfies the primary criteria for the grant of the visa:
(a) unless paragraph (b) or (c) applies—must be in Australia, but not in immigration clearance, when the visa is granted; or
(b) if the visa is granted during a concession period—may be in or outside Australia when the visa is granted, but not in immigration clearance; or
(c) if the applicant applied for the visa outside Australia during a concession period and the concession period has ended at the time the visa is granted—may be in or outside Australia when the visa is granted, but not in immigration clearance.
(3) In any other case, the applicant may be in or outside Australia when the visa is granted.
485.5—When visa is in effect
485.511
If the applicant is granted a second Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream (the second visa) on the basis of meeting the requirements in clause 485.232, temporary visa permitting the holder to travel to, enter and remain in Australia until the later of:
(a) the end of 2 years from the date of grant of the second visa; and
(b) the end of 2 years from the date the first such visa granted to the applicant would have otherwise ceased to be in effect.
485.512
If the applicant is granted a second Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream (the second visa) on the basis of meeting the requirements in clause 485.233, temporary visa permitting the holder to travel to, enter and remain in Australia until the later of:
(a) the end of one year from the date of grant of the second visa; and
(b) the end of one year from the date the first such visa granted to the applicant would have otherwise ceased to be in effect.
485.513
If clause 485.511 or 485.512 does not apply, temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
485.6—Conditions
485.611
Condition 8501 must be imposed.
485.612
If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before a date specified by the Minister for the purpose; and
(b) condition 8515 may be imposed.
485.613
(1) If the applicant is granted a second Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream on the basis of meeting the requirements in clause 485.232 or clause 485.233, condition 8610 must be imposed.
(2) If the applicant is granted a Subclass 485 (Temporary Graduate) visa on the basis of satisfying the secondary criteria in relation to a primary applicant mentioned in subclause (1), condition 8610 must be imposed.
Subclass 489—Skilled—Regional (Provisional)
489.1—Interpretation
Note 1: For designated area, registered course, relevant assessing authority and skilled occupation: see regulation 1.03.
Note 2: Regulation 1.03 also provides that competent English has the meaning set out in regulation 1.15C.
Note 3: There are no interpretation provisions specific to this Part.
489.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 489 visa include criteria set out in streams.
If an applicant applies for a Subclass 489 visa in the First Provisional Visa stream, the criteria in Subdivisions 489.21 and 489.22 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 489 visa in the Second Provisional Visa stream, the criteria in Subdivisions 489.21 and 489.23 are the primary criteria.
The primary criteria must be satisfied by at least one member of a family unit, unless a member of the family unit holds one of the following visas on the basis of satisfying the primary criteria:
- a Skilled—Independent Regional (Class UX) visa;
- a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;
- a Subclass 475 (Skilled—Regional Sponsored) visa;
- a Subclass 487 (Skilled—Regional Sponsored) visa.
The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
489.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 489 visa.
489.211
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020.
(4) Each member of the family unit of the primary applicant who:
(a) is an applicant for a Subclass 489 visa; and
(b) had turned 18 at the time of application;
satisfies public interest criterion 4019.
(5) Each member of the family unit of the primary applicant who:
(a) is an applicant for a Subclass 489 visa; and
(b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
(6) Each member of the family unit of the primary applicant who is not an applicant for a Subclass 489 visa satisfies public interest criteria 4001, 4002, 4003 and 4004.
489.212
(1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa satisfies special return criteria 5001, 5002 and 5010.
489.22—Criteria for First Provisional Visa stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 489 visa in the First Provisional Visa stream.
489.221
The applicant was invited, in writing, by the Minister to apply for the visa.
489.222
(1) At the time of invitation to apply for the visa:
(a) the relevant assessing authority had assessed the applicant’s skills as suitable for the applicant’s nominated skilled occupation; and
(b) the assessment was not for a Subclass 485 (Temporary Graduate) visa; and
(c) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and
(d) if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.
(2) If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.
489.223
At the time of invitation to apply for the visa, the applicant had competent English.
489.224
(1) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the score stated in the invitation to apply for the visa.
(2) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the qualifying score for that Subdivision.
Note: Subdivision B of Division 3 of Part 2 of the Act provides for the application of a points system under which applicants for relevant visas are given an assessed score based on a prescribed number of points for particular attributes, assessed against the relevant pool mark and pass mark: see sections 92 to 96 of the Act.
The prescribed points and the manner of their allocation are provided for in Division 2.6 and Schedule 6D of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument: see section 96 of the Act.
489.225
(1) The requirements in subclause (2) or (3) are met.
(2) The nominating State or Territory government agency has not withdrawn the nomination.
(3) The Minister has accepted the sponsorship of the applicant by a person in the following circumstances:
(a) the person has turned 18; and
(b) the person is an Australian citizen, Australian permanent resident or eligible New Zealand citizen;
(c) the person is usually resident in a designated area of Australia;
(d) the person is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is an applicant for a Subclass 489 visa), as:
(i) a parent; or
(ii) a child or step‑child; or
(iii) a brother, sister, adoptive brother, adoptive sister, step‑brother or step‑sister; or
(iv) an aunt, uncle, adoptive aunt, adoptive uncle, step‑aunt or step‑uncle;
(v) a nephew, niece, adoptive nephew, adoptive niece, step‑nephew or step‑niece; or
(vi) a grandparent; or
(vii) a first cousin;
(e) each member of the family unit of the applicant who is an applicant for a Subclass 489 visa is sponsored by that person.
489.226
(1) The applicant satisfies public interest criterion 4005.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa satisfies public interest criterion 4005.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 489 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
489.23—Criteria for Second Provisional Visa stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 489 visa in the Second Provisional Visa stream.
489.231
(1) If the applicant has previously held one of the following visas:
(a) a Skilled—Independent Regional (Provisional) (Class UX) visa;
(b) a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;
(c) a Subclass 475 (Skilled—Regional Sponsored) visa;
(d) a Subclass 487 (Skilled—Regional Sponsored) visa;
the applicant has substantially complied with the conditions to which the visa was subject.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa, and who has previously held a visa mentioned in subclause (1), has substantially complied with the conditions to which the visa mentioned in subclause (1) was subject.
489.232
(1) The applicant satisfies public interest criterion 4007.
(2) Each person who is a member of the family unit of the applicant, and is an applicant for a Subclass 489 visa, satisfies public interest criterion 4007.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 489 visa satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
489.3—Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who:
(a) satisfies the primary criteria; or
(b) holds one of the following visas on the basis of satisfying the primary criteria:
- a Skilled—Independent Regional (Provisional) (Class UX) visa;
- a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;
- a Subclass 475 (Skilled—Regional Sponsored) visa;
- a Subclass 487 (Skilled—Regional Sponsored) visa.
All criteria must be satisfied at the time a decision is made on the application.
489.31—Criteria
489.311
The applicant is a member of the family unit of a person (the primary applicant) who holds any of the following visas granted on the basis of satisfying the primary criteria:
(a) a Skilled—Independent Regional (Provisional) (Class UX) visa;
(b) a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;
(c) a Subclass 475 (Skilled—Regional Sponsored) visa;
(d) a Subclass 487 (Skilled—Regional Sponsored) visa;
(e) a Subclass 489 (Skilled—Regional (Provisional)) visa.
489.312
If the applicant previously held:
(a) a Skilled—Independent Regional (Provisional) (Class UX) visa; or
(b) a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(c) a Subclass 475 (Skilled—Regional Sponsored) visa; or
(d) a Subclass 487 (Skilled—Regional Sponsored) visa;
the applicant has substantially complied with the conditions of that visa.
489.313
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
(4) If the primary applicant holds a Subclass 489 visa in the Second Provisional Visa stream, the applicant satisfies public interest criterion 4007.
(5) If subclause (4) does not apply, the applicant satisfies public interest criterion 4005.
489.314
The applicant satisfies special return criteria 5001, 5002 and 5010.
489.4—Circumstances applicable to grant
489.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note: The second instalment of visa application charge must be paid before the visa can be granted.
489.5—When visa is in effect
489.511
If the applicant satisfied the primary criteria for the grant of a Subclass 489 visa in the First Provisional Visa stream, temporary visa permitting the holder to travel to, enter and remain in Australia for 4 years from the date of grant.
489.512
If the applicant satisfied the primary criteria for the grant of a Subclass 489 visa in the Second Provisional Visa stream, temporary visa permitting the holder to travel to, enter and remain in Australia for 4 years after the date of grant of the provisional visa the applicant held at the time of application.
489.513
If the applicant is a member of the family unit of a person who holds a Subclass 489 visa in the First Provisional Visa stream or the Second Provisional Visa stream, temporary visa permitting the holder to travel to, enter and remain in Australia until the day specified for the applicant who satisfied the primary criteria.
489.514
If the applicant is a member of the family unit of a person who holds:
(a) a Skilled—Independent Regional (Provisional) (Class UX) visa; or
(b) a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(c) a Subclass 475 (Skilled—Regional Sponsored) visa; or
(d) a Subclass 487 (Skilled—Regional Sponsored) visa;
temporary visa permitting the holder to travel to, enter and remain in Australia until the day specified for the applicant who satisfied the primary criteria for the grant of the visa mentioned in paragraph (a), (b), (c) or (d).
489.6—Conditions
489.611
If the applicant who satisfied the primary criteria for the grant of the visa was nominated by a State or Territory government agency, condition 8539 must be imposed.
489.612
If the applicant who satisfied the primary criteria for the grant of the visa was sponsored by a person, condition 8549 must be imposed.
489.613
(1) If condition 8539 was imposed on the visa held at the time of application by the applicant who satisfied the primary criteria for the grant of the visa in the Second Provisional Visa stream, condition 8539 must be imposed.
(2) If:
(a) an applicant is granted a Subclass 489 visa on the basis of satisfying the secondary criteria; and
(b) the applicant who satisfied the primary criteria also holds another General Skilled Migration visa on which condition 8539 has been imposed;
condition 8539 must be imposed.
489.614
(1) If condition 8549 was imposed on the visa held at the time of application by the applicant who satisfied the primary criteria for the grant of the visa in the Second Provisional Visa stream, condition 8549 must be imposed.
(2) If:
(a) an applicant is granted a Subclass 489 visa on the basis of satisfying the secondary criteria; and
(b) the applicant who satisfied the primary criteria also holds another General Skilled Migration visa on which condition 8549 has been imposed;
condition 8549 must be imposed.
489.615
If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before a date specified by the Minister; and
(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.
Subclass 491—Skilled Work Regional (Provisional)
491.1—Interpretation
Note 1: For competent English, designated regional area, registered course, relevant assessing authority and skilled occupation, see regulation 1.03.
Note 2: There are no interpretation provisions specific to this Part.
491.2—Primary criteria
Note 1: The primary criteria for the grant of a Subclass 491 visa 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.
Note 2: All criteria must be satisfied at the time a decision is made on the application.
491.211
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.
(2) If the applicant had turned 16 at the time of application, the applicant satisfies public interest criterion 4019.
(3) Each member of the family unit of the applicant who is an applicant for a Subclass 491 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020.
(4) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 491 visa; and
(b) had turned 16 at the time of application;
satisfies public interest criterion 4019.
(5) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 491 visa; and
(b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
(6) Each member of the family unit of the applicant who is not an applicant for a Subclass 491 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4005, unless it would be unreasonable to require the person to undergo assessment in relation to that criterion.
491.212
(1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 491 visa satisfies special return criteria 5001, 5002 and 5010.
491.213
The applicant was invited, in writing, by the Minister to apply for the visa.
491.214
(1) At the time of invitation to apply for the visa:
(a) the relevant assessing authority for the applicant’s nominated skilled occupation had assessed the applicant’s skills as suitable for that occupation; and
(b) the assessment was not for a Subclass 485 (Temporary Graduate) visa; and
(c) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and
(d) if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.
(2) If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.
491.215
At the time of invitation to apply for the visa, the applicant had competent English.
491.216
(1) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the score stated in the invitation to apply for the visa.
(2) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the qualifying score for that Subdivision.
Note: Subdivision B of Division 3 of Part 2 of the Act provides for the application of a points system under which applicants for relevant visas are given an assessed score based on a prescribed number of points for particular attributes, assessed against the relevant pool mark and pass mark: see sections 92 to 96 of the Act.
The prescribed points and the manner of their allocation are provided for in Division 2.6 of Part 2, and Schedule 6D, of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument: see section 96 of the Act.
491.217
(1) If the applicant is nominated by a State or Territory government agency, the nomination has not been withdrawn.
(2) If the applicant declared in the application that the applicant is sponsored by a person (the sponsor), the Minister has accepted the sponsorship of the applicant by the sponsor in the following circumstances:
(a) the sponsor has turned 18;
(b) the sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen;
(c) the sponsor is usually resident in a designated regional area;
(d) the sponsor is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also an applicant for a Subclass 491 visa), as:
(i) a parent; or
(ii) a child or step‑child; or
(iii) a brother, sister, adoptive brother, adoptive sister, step‑brother or step‑sister; or
(iv) an aunt, uncle, adoptive aunt, adoptive uncle, step‑aunt or step‑uncle; or
(v) a nephew, niece, adoptive nephew, adoptive niece, step‑nephew or step‑niece; or
(vi) a grandparent; or
(vii) a first cousin;
(e) each member of the family unit of the applicant who is also an applicant for a Subclass 491 visa is sponsored by the sponsor.
491.3—Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
491.311
The applicant is a member of the family unit of a person who holds a Subclass 491 visa granted on the basis of satisfying the primary criteria for the grant of the visa.
491.312
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.
(2) If the applicant had turned 16 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
491.313
The applicant satisfies special return criteria 5001, 5002 and 5010.
491.4—Circumstances applicable to grant
491.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note: The second instalment of visa application charge must be paid before the visa can be granted.
491.5—When visa is in effect
491.511
If the applicant satisfies the primary criteria for the grant of the visa, temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant.
491.512
If:
(a) the applicant satisfies the secondary criteria for the grant of the visa; and
(b) the applicant is a member of the family unit of a person (the primary visa holder) who holds a Subclass 491 visa granted on the basis of satisfying the primary criteria for the grant of that visa;
temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant of the primary visa holder’s visa.
491.6—Conditions
491.611
If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before the date specified by the Minister; and
(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.
491.612
Conditions 8578, 8579, 8580 and 8581 must be imposed.
Subclass 494—Skilled Employer Sponsored Regional (Provisional)
494.1—Interpretation
494.111
In this Part:
nominated occupation, in relation to an applicant, means the occupation nominated by the nomination identified in the application.
494.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 494 visa include criteria set out in streams.
If an applicant applies for a Subclass 494 visa in the Employer Sponsored stream, the criteria in Subdivisions 494.21 and 494.22 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 494 visa in the Labour Agreement stream, the criteria in Subdivisions 494.21 and 494.23 are the primary criteria.
The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
494.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 494 visa.
494.211
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.
(2) If the applicant had turned 16 at the time of application, the applicant satisfies public interest criterion 4019.
(3) Each member of the family unit of the applicant who is an applicant for a Subclass 494 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020.
(4) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 494 visa; and
(b) had turned 16 at the time of application;
satisfies public interest criterion 4019.
(5) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 494 visa; and
(b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
(6) Each member of the family unit of the applicant who is not an applicant for a Subclass 494 visa satisfies public interest criteria 4001, 4002, 4003 and 4004.
494.212
(1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 494 visa satisfies special return criteria 5001, 5002 and 5010.
494.213
(1) Each of the following applies:
(a) the nomination identified in the application has been approved under section 140GB of the Act;
(b) the person who made the nomination was an approved work sponsor at the time the nomination was approved;
(c) the approval of the nomination has not ceased under regulation 2.75B.
(2) Both of the following apply:
(a) the applicant’s intention to perform the nominated occupation is genuine;
(b) the position associated with the nominated occupation is genuine.
494.214
Either:
(a) there is no adverse information known to Immigration about the person who nominated the nominated occupation or a person associated with that person; or
(b) it is reasonable to disregard any adverse information known to Immigration about the person who nominated the nominated occupation or a person associated with that person.
494.215
Either:
(a) the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
494.22—Criteria for Employer Sponsored stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 494 visa in the Employer Sponsored stream.
494.221
(1) The applicant satisfies public interest criterion 4007.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 494 visa satisfies public interest criterion 4007.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 494 visa satisfies public interest criterion 4007, unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
494.222
Unless the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72C(14), both of the following apply:
(a) the applicant is employed to work in the nominated occupation;
(b) the applicant is employed to work in a position in:
(i) the person’s business; or
(ii) a business of an associated entity of the person.
494.223
(1) At the time of application:
(a) the applicant had not turned 45; or
(b) circumstances specified by the Minister under subclause (2) existed.
(2) The Minister may, by legislative instrument, specify circumstances in which applicants are not required to have been under 45 for the purposes of Subclass 494 visas in the Employer Sponsored stream.
494.224
(1) At the time of application:
(a) subclauses (2) and (3) applied; or
(b) subclauses (4) and (5) applied; or
(c) circumstances specified by the Minister under subclause (7) existed.
Recent assessments
(2) All of the following applied:
(a) the applicant’s skills had been assessed as suitable by the person or body specified by the Minister under subclause (6) as the assessing authority for the nominated occupation;
(b) the assessment was not for a Subclass 485 (Temporary Graduate) visa;
(c) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended;
(d) if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.
(3) If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.
Assessments for purposes of previous visas
(4) Both of the following applied:
(a) the applicant held a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa in relation to which all of the following applied:
(i) the occupation to which that visa related was the nominated occupation;
(ii) the applicant was required to demonstrate the matters mentioned in former paragraph 457.223(2)(d) or (4)(e) or subclause 482.212(4) in relation to that visa;
(iii) that demonstration included demonstrating that a person or body had assessed the applicant’s skills as suitable for the occupation;
(iv) the assessment was not for a Subclass 485 (Temporary Graduate) visa;
(b) the person or body mentioned in subparagraph (a)(iii) was specified by the Minister under subclause (6) as the assessing authority for the nominated occupation.
(5) If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.
Minister may make legislative instruments
(6) For the purposes of paragraph 1242(5)(a) of Schedule 1 and paragraphs (2)(a) and (4)(b) of this clause, the Minister may, by legislative instrument, specify a person or body as the assessing authority for an occupation.
(7) The Minister may, by legislative instrument, specify circumstances in which the requirements of subclauses (2) to (5) are not required to have been met for the purposes of Subclass 494 visas in the Employer Sponsored stream.
494.225
(1) At the time of application:
(a) the applicant had been employed in the nominated occupation for at least 3 years on a full‑time basis and at the level of skill required for the occupation; or
(b) circumstances specified by the Minister under subclause (2) existed.
(2) The Minister may, by legislative instrument, specify circumstances in which an applicant is not required to have been employed as mentioned in paragraph (1)(a) for the purposes of Subclause 494 visas in the Employer Sponsored stream.
494.226
(1) At the time of application:
(a) the applicant had competent English; or
(b) circumstances specified by the Minister under subclause (2) existed.
(2) The Minister may, by legislative instrument, specify circumstances in which applicants are not required to have had competent English for the purposes of Subclass 494 visas in the Employer Sponsored stream.
Note: Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.
494.23—Criteria for Labour Agreement stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 494 visa in the Labour Agreement stream.
494.231
(1) The applicant satisfies public interest criterion 4005.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 494 visa satisfies public interest criterion 4005.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 494 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
494.232
Both:
(a) the nominated occupation is the subject of a work agreement between the Commonwealth and the person who nominated the nominated occupation; and
(b) the work agreement authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a Subclass 494 visa.
494.233
Either:
(a) the applicant had not turned 45 at the time of application; or
(b) the Minister has agreed, in the work agreement mentioned in clause 494.232, that persons who have turned 45 may be employed.
494.234
The applicant has English language skills that are suitable to perform the nominated occupation.
494.235
(1) The applicant has the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation.
(2) Either:
(a) the applicant has worked in the nominated occupation or a related field for at least 3 years; or
(b) the Minister considers that it is reasonable in the circumstances to disregard paragraph (a).
(3) If the Minister requires the applicant to demonstrate that he or she has the skills that are necessary to perform the tasks of the nominated occupation, the applicant demonstrates that he or she has those skills in the manner specified by the Minister.
494.3—Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
494.31—Criteria
494.311
The applicant is a member of the family unit of a person (the primary applicant) who holds a Subclass 494 visa granted on the basis of satisfying the primary criteria for the grant of the visa.
494.312
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.
(2) If the applicant had turned 16 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
(4) If the primary applicant holds a Subclass 494 visa granted on the basis of satisfying the primary criteria for the grant of the visa in the Employer Sponsored stream, the applicant satisfies public interest criterion 4007.
(5) If the primary applicant holds a Subclass 494 visa granted on the basis of satisfying the primary criteria for the grant of the visa in the Labour Agreement stream, the applicant satisfies public interest criterion 4005.
494.313
The applicant satisfies special return criteria 5001, 5002 and 5010.
494.314
Either:
(a) the applicant is listed on the nomination identified in the primary applicant’s application; or
(b) the approved work sponsor or former approved work sponsor who has the most recent approved nomination under section 140GB of the Act of an occupation in relation to the primary applicant for the visa mentioned in clause 494.311 has agreed in writing that the applicant may be a secondary sponsored person in relation to the approved work sponsor or former approved work sponsor.
494.315
Either:
(a) there is no adverse information known to Immigration about the person who made the nomination identified in the primary applicant’s application or a person associated with that person; or
(b) the Minister considers that it is reasonable to disregard any adverse information known to Immigration about the person who made the nomination identified in the primary applicant’s application or a person associated with that person.
494.316
Either:
(a) the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
494.4—Circumstances applicable to grant
494.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note: The second instalment of visa application charge must be paid before the visa can be granted.
494.5—When visa is in effect
494.511
If the applicant satisfies the primary criteria for the grant of the visa, temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant.
494.512
If:
(a) the applicant satisfies the secondary criteria for the grant of the visa; and
(b) the applicant is a member of the family unit of a person (the primary visa holder) who holds a Subclass 494 visa granted on the basis of satisfying the primary criteria for the grant of that visa;
temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant of the primary visa holder’s visa.
494.6—Conditions
494.611
If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before the date specified by the Minister; and
(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.
494.612
If the applicant satisfies the primary criteria for the grant of the visa, conditions 8578, 8579, 8580, 8581 and 8608 must be imposed.
494.613
If the applicant satisfies the secondary criteria for the grant of the visa, the same conditions (other than condition 8608) that must be imposed on the visa held by the person who satisfies the primary criteria for the grant of the visa must be imposed.
Subclass 500—Student
500.1—Interpretation
500.111
In this Part:
course of study means the following:
(a) in relation to a secondary exchange student—a full‑time course of study under a secondary school student exchange program administered by a State or Territory education authority;
(b) in relation to a Foreign Affairs student—either:
(i) a full‑time course of study or training under a scholarship scheme approved by the Foreign Minister; or
(ii) a full‑time course of study or training under a training program approved by the Foreign Minister;
(c) in relation to a Defence student—either:
(i) a full‑time course of study or training under a scholarship scheme approved by the Defence Minister; or
(ii) a full‑time course of study or training under a training program approved by the Defence Minister;
(d) in any other case—a full‑time registered course.
higher education course means a course of study leading to the award of any of the following:
(a) a diploma (higher education);
(b) an advanced diploma (higher education);
(c) an associate degree;
(d) a bachelor degree;
(e) a graduate certificate (higher education);
(f) a graduate diploma (higher education);
(g) a bachelor honours degree;
(h) a masters degree (course work);
(i) a masters degree (extended).
postgraduate research course means a course of study leading to the award of:
(a) a masters degree (research); or
(b) a doctoral degree.
school student means a student who is enrolled in, or intends to enrol in, a course of study at a primary or secondary school.
Note: For Defence student, Foreign Affairs student, registered course, school‑age dependant and secondary exchange student, see regulation 1.03.
500.2—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.
All criteria must be satisfied at the time a decision is made on the application.
500.211
One of the following applies:
(a) the applicant is enrolled in a course of study;
(b) if the application is made in Australia—the applicant is seeking to remain in Australia because the relevant educational institution requires the applicant to do so during the marking of the applicant’s postgraduate thesis;
(c) if the applicant is a Foreign Affairs student—the applicant has the support of the Foreign Minister for the grant of the visa;
(d) if the applicant is a Defence student—the applicant has the support of the Defence Minister for the grant of the visa.
500.212
The applicant is a genuine applicant for entry and stay as a student because:
(a) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
(b) the applicant intends to comply with any conditions subject to which the visa is granted, having regard to:
(i) the applicant’s record of compliance with any condition of a visa previously held by the applicant (if any); and
(ii) the applicant’s stated intention to comply with any conditions to which the visa may be subject; and
(c) of any other relevant matter.
500.213
(1) If required to do so by the Minister, in writing or by use of a computer program available online, at any time, the applicant gives to the Minister evidence that the applicant has a level of English language proficiency that meets the requirements specified in an instrument under paragraph (3)(a).
Note: For arrangements for the use of a computer program, see section 495A of the Act.
(2) Subclause (1) does not apply to an applicant within a class of applicants specified in an instrument under paragraph (3)(b).
(3) The Minister may, by legislative instrument, specify:
(a) requirements for the purposes of subclause (1); or
(b) a class of applicants to which subclause (1) does not apply.
500.214
(1) The applicant will have genuine access to funds of a kind mentioned in subclause (2) and, if subclause (3) applies, subclause (3).
(2) While the applicant holds the visa, sufficient funds will be available to meet:
(a) the costs and expenses of the applicant during the applicant’s intended stay in Australia; and
(b) the costs and expenses of each member of the applicant’s family unit (if any) who will be in Australia.
(3) If required to do so by the Minister, in writing or by use of a computer program available online, at any time, the applicant gives to the Minister evidence of financial capacity that satisfies the requirements specified in an instrument under subclause (4).
Note: For arrangements for the use of a computer program, see section 495A of the Act.
(4) The Minister may, by legislative instrument, specify requirements for the purposes of subclause (3).
500.215
The applicant gives to the Minister evidence of adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
500.216
If the applicant is a school student (other than a school student participating in a secondary school student exchange program), the applicant is:
(a) at least 6 years old at the time of application; and
(b) if proposing to undertake year 9 studies—less than 17 years old when commencing year 9; and
(c) if proposing to undertake year 10 studies—less than 18 years old when commencing year 10; and
(d) if proposing to undertake year 11 studies—less than 19 years old when commencing year 11; and
(e) if proposing to undertake year 12 studies—less than 20 years old when commencing year 12.
500.217
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4013, 4014, 4020 and 4021.
(2) If the applicant has not turned 18, public interest criteria 4012A, 4017 and 4018 are satisfied in relation to the applicant.
(3) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(4) The applicant (other than a Foreign Affairs student or a Defence Student) satisfies public interest criterion 4005.
(5) The applicant, being a Foreign Affairs student or a Defence Student, satisfies public interest criterion 4007.
500.218
The applicant satisfies special return criteria 5001, 5002 and 5010.
500.3—Secondary criteria
Note: Requirements to be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
500.311
The applicant is a member of the family unit of a person (the primary person) who holds a student visa, having satisfied the primary criteria for that visa, and either:
(a) the applicant became a member of the family unit of the primary person before the grant of the student visa to the primary person, and was included in:
(i) the primary person’s application under subregulation 2.07AF(3); or
(ii) information provided in relation to the primary person’s application under subregulation 2.07AF(4); or
(b) the applicant became a member of the family unit of the primary person:
(i) after the grant of the student visa to the primary person; and
(ii) before the application was made.
500.312
The applicant is a genuine applicant for entry and stay as a member of the family unit of a person who holds a student visa, having satisfied the primary criteria for that visa, because:
(a) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
(b) the applicant intends to comply with any conditions subject to which the visa is granted, having regard to:
(i) the applicant’s record of compliance with any condition of a visa previously held by the applicant (if any); and
(ii) the applicant’s stated intention to comply with any conditions to which the visa may be subject; and
(c) of any other relevant matter.
500.313
(1) The applicant will have genuine access to funds of a kind mentioned in subclause (2) and, if subclause (3) applies, subclause (3).
(2) While the applicant holds the visa, sufficient funds will be available to meet:
(a) the costs and expenses of the applicant during the applicant’s intended stay in Australia; and
(b) the costs and expenses of each member of the applicant’s family unit (if any) who will be in Australia.
(3) If required to do so by the Minister, in writing or by use of a computer program available online, at any time, the applicant gives to the Minister evidence of financial capacity that satisfies the requirements specified in an instrument under subclause (4).
Note: For arrangements for the use of a computer program, see section 495A of the Act.
(4) The Minister may, by legislative instrument, specify requirements for the purposes of subclause (3).
500.314
The applicant gives to the Minister evidence of adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
500.315
If:
(a) the applicant is a school‑age dependant of the primary person mentioned in clause 500.311; and
(b) the period of stay proposed in the application is more than 3 months;
the applicant gives to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.
500.316
(1) If the applicant is a member of the family unit of a Foreign Affairs student, the applicant has the support of the Foreign Minister for the grant of the visa.
(2) If the applicant is a member of the family unit of a Defence student, the applicant has the support of the Defence Minister for the grant of the visa.
500.317
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4013, 4014, 4020 and 4021.
(2) If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
(3) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(4) The applicant (other than a member of the family unit of a Foreign Affairs student or a Defence Student) satisfies public interest criterion 4005.
(5) The applicant, being a member of the family unit of a Foreign Affairs student or Defence Student, satisfies public interest criterion 4007.
500.318
The applicant satisfies special return criteria 5001, 5002 and 5010.
500.4—Circumstances applicable to grant
500.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
500.5—When visa is in effect
500.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
500.6—Conditions
500.611
(1) If the applicant satisfies the primary criteria, the following conditions must be imposed:
(a) in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533;
(b) if the applicant is a citizen of Iran and intends to undertake a higher education course or a postgraduate research course, condition 8203;
(c) if the applicant is a citizen of Iran and intends to undertake a course of study other than a higher education course or a postgraduate research course, condition 8204;
(d) if the applicant is a Foreign Affairs student or Defence student, condition 8535.
(2) If the applicant satisfies the primary criteria, the following conditions may be imposed:
(a) if the applicant is provided with financial assistance by the Commonwealth or the government of a foreign country, condition 8535;
(b) either or both of conditions 8303 and 8534.
500.612
(1) If the applicant satisfies the secondary criteria, the following conditions must be imposed:
(a) in all cases, conditions 8104, 8501 and 8516;
(b) if the applicant has not turned 18, condition 8518;
(c) if the applicant has turned 18, condition 8201;
(d) if the applicant is a citizen of Iran, condition 8204.
(2) If the applicant satisfies the secondary criteria, conditions 8303 and 8534 may be imposed.
Subclass 590—Student Guardian
590.1—Interpretation
590.111
In this Part:
nominating student, for an applicant, means a person who:
(a) nominates the applicant on form 157N; and
(b) at the time of decision for the applicant, holds a student visa that was granted on the basis that the person met the primary criteria for the grant of the student visa.
590.2—Primary criteria
Note: An applicant must satisfy all primary criteria. All criteria must be satisfied at the time a decision is made on the application.
590.211
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) The applicant meets the requirements of this subclause if:
(a) the nominating student has not turned 18; and
(b) the applicant is able to:
(i) provide appropriate accommodation and support for the nominating student; and
(ii) provide for the general welfare of the nominating student; and
(c) the applicant is either:
(i) a parent of the nominating student or a person who has custody of the nominating student; or
(ii) a person who is a relative of the nominating student and who has turned 21; and
(d) if subparagraph (c)(ii) applies—the nomination of the applicant is supported in writing by:
(i) a parent of the nominating student; or
(ii) a person who has custody of the nominating student.
(3) The applicant meets the requirements of this subclause if:
(a) the nominating student has turned 18; and
(b) there are exceptional reasons why the nominating student needs the applicant to reside with the nominating student in Australia; and
(c) the applicant is able to:
(i) provide appropriate accommodation and support for the nominating student; and
(ii) provide for the general welfare of the nominating student; and
(d) the applicant is a person who:
(i) is a relative of the nominating student; and
(ii) has turned 21.
(4) An applicant meets the requirements of this subclause if:
(a) the grant of the visa to the applicant will significantly benefit the relationship between the government of Australia and the government of a foreign country; and
(b) the applicant has turned 21; and
(c) if the nominating student has not turned 18—the nomination of the applicant is supported in writing by:
(i) a parent of the nominating student; or
(ii) a person who has custody of the nominating student.
590.212
(1) The applicant has a genuine intention to reside in Australia with the nominating student.
(2) The nominating student has a genuine intention to reside in Australia with the applicant.
(3) Unless the applicant meets the requirements of subclause 590.211(4), the nominating student does not intend to reside in Australia with:
(a) a holder of a Subclass 580 or 590 visa other than the applicant; or
(b) a parent of the nominating student, or a person who has custody of the nominating student, other than the applicant.
Note: If the applicant meets the requirements of subclause 590.211(4), the nominating student may intend to reside with one or more holders of a Subclass 580 or 590 visa in addition to the applicant.
590.213
If any member of the family unit of the applicant has not turned 6:
(a) the applicant has established compelling and compassionate reasons for the grant of the visa; or
(b) the applicant satisfies the requirements of subclause 590.211(4).
590.214
The applicant has made appropriate arrangements, for the period of the applicant’s proposed stay in Australia, for the accommodation, support and general welfare of each member of the applicant’s family unit:
(a) who has not turned 18; and
(b) who does not hold a student visa.
590.215
The applicant is a genuine applicant for entry and stay as a student guardian because:
(a) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) any other relevant matter; and
(b) the applicant intends to comply with any conditions to which the visa may be subject, having regard to:
(i) the applicant’s record of compliance with any condition of a visa previously held by the applicant (if any); and
(ii) the applicant’s stated intention to comply with any conditions to which the visa may be subject; and
(c) of any other relevant matter.
590.216
(1) The applicant will have genuine access to:
(a) funds of a kind mentioned in subclause (2); and
(b) funds that evidence financial capacity, as mentioned in subclause (3).
(2) While the applicant holds the visa, sufficient funds will be available to meet:
(a) the costs and expenses of the applicant during the applicant’s intended stay in Australia; and
(b) the costs and expenses of each member of the applicant’s family unit (if any) who will be in Australia; and
(c) unless the applicant meets the requirements of subclause 590.211(4), the costs and expenses of each nominating student.
(3) The applicant gives to the Minister evidence of financial capacity that satisfies the requirements specified in an instrument under subclause (4).
(4) The Minister may, by legislative instrument, specify requirements for the purposes of subclause (3).
590.217
The applicant gives to the Minister evidence of adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
590.218
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014, 4019, 4020 and 4021.
590.219
The applicant satisfies special return criteria 5001, 5002 and 5010.
590.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of an applicant who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
590.311
The applicant is a member of the family unit of a person who satisfies the primary criteria in Division 590.2.
590.312
The applicant must not have turned 6.
590.313
The applicant gives to the Minister evidence of adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
590.314
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014, 4017, 4018, 4020 and 4021.
590.315
The applicant satisfies special return criteria 5001 and 5002.
590.4—Circumstances applicable to grant
590.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
590.5—When visa is in effect
590.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
590.6—Conditions
590.611
(1) In the case of a visa granted to an applicant who meets the requirements of subclause 590.211(2) or (3)—conditions 8101, 8201, 8501, 8516, 8534, 8537 and 8538 must be imposed.
(2) In the case of a visa granted to an applicant who meets the requirements of subclause 590.211(4)—conditions 8106, 8201, 8501, 8516, 8534, 8537 and 8538 must be imposed.
590.612
In the case of a visa granted to an applicant who satisfies the secondary criteria for the grant of the visa—conditions 8101, 8501, 8502 and 8516 must be imposed.
Subclass 600—Visitor
600.1—Interpretation
Note 1: For business visitor activity: see regulation 1.03.
Note 2: There are no interpretation provisions specific to this Part.
600.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 600 visa include criteria set out in streams.
If an applicant applies for a Subclass 600 visa in the Tourist stream, the criteria in Subdivisions 600.21 and 600.22 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 600 visa in the Sponsored Family stream, the criteria in Subdivisions 600.21 and 600.23 are the primary criteria.
If an applicant applies for a Subclass 600 visa in the Business Visitor stream, the criteria in Subdivisions 600.21 and 600.24 are the primary criteria.
If an applicant applies for a Subclass 600 visa in the Approved Destination Status stream, the criteria in Subdivisions 600.21 and 600.25 are the primary criteria.
If an applicant applies for a Subclass 600 visa in the Frequent Traveller stream, the criteria in Subdivisions 600.21 and 600.26 are the primary criteria.
The primary criteria must be satisfied by all applicants.
All criteria must be satisfied at the time a decision is made on the application.
600.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 600 visa.
600.211
The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 600 visa would be subject; and
(c) any other relevant matter.
600.212
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
600.213
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014, 4020 and 4021.
(2) If the applicant has not turned 18, the applicant also satisfies public interest criteria 4012, 4017 and 4018.
600.214
The applicant satisfies special return criteria 5001, 5002 and 5010.
600.215
(1) If subclause (2) applies—exceptional circumstances exist for the grant of the visa.
(2) This subclause applies if the grant of the visa would result in the applicant being authorised to stay in Australia as the holder of one or more of the following visas for a total period of more than 12 consecutive months:
(a) one or more visitor visas;
(b) a Subclass 417 (Working Holiday) visa;
(c) a Subclass 462 (Work and Holiday) visa;
(d) a bridging visa.
600.22—Criteria for Tourist stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Tourist stream.
600.221
The applicant intends to visit Australia, or remain in Australia:
(a) to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; or
(b) for any other purpose that is not related to business or medical treatment.
600.222
If the applicant:
(a) is in Australia; and
(b) holds a student visa, or has been the holder of a student visa since last entering Australia;
the visa is not sought for the purpose of commencing, continuing or completing a registered course in which the applicant is enrolled.
600.223
(1) If the applicant was in Australia at the time of application, and held a substantive temporary visa, the visa was not a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream.
(2) If the applicant was in Australia at the time of application, and did not hold a substantive visa:
(a) the last substantive visa the applicant held was not a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; and
(b) the applicant satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005.
600.224
(1) Subclauses (2) to (4) apply if:
(a) an applicant intends to visit Australia, or remain in Australia to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; and
(b) the Minister has required the applicant, and each other applicant who is a member of the applicant’s family unit, or in relation to whom the applicant is a member of the family unit, to be sponsored by a settled Australian citizen, or a settled Australian permanent resident, who is at least 18 and:
(i) a relative of the applicant; or
(ii) a relative of another applicant who is a member of the family unit of the applicant; or
(iii) a relative of another applicant in relation to whom the applicant is a member of the family unit.
(2) The applicant is sponsored as required by the Minister.
(3) The sponsorship has been approved by the Minister and is still in force.
(4) If the applicant is not a relative of the sponsor, a Subclass 600 visa in the Tourist stream has been granted to another person who is:
(a) a relative of the sponsor; and
(b) sponsored by the sponsor in relation to the applicant’s visit.
600.225
(1) Subclause (2) applies if:
(a) the Minister has required the applicant to be sponsored as described in paragraph 600.224(1)(b); and
(b) the applicant is sponsored as required by the Minister; and
(c) the sponsorship has been approved by the Minister and is still in force; and
(d) an officer authorised under section 269 of the Act (which deals with security for compliance with the Act) has asked for the lodgement of a security.
(2) The security has been lodged.
600.23—Criteria for Sponsored Family stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Sponsored Family stream.
600.231
The applicant intends to visit Australia:
(a) to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; or
(b) for any other purpose that is not related to business or medical treatment.
600.232
(1) One of subclauses (2) to (4) applies.
(2) The applicant is sponsored by a settled Australian citizen, or a settled Australian permanent resident, who is at least 18 and:
(a) a relative of the applicant; or
(b) a relative of another applicant who is a member of the family unit of the applicant; or
(c) a relative of another applicant in relation to whom the applicant is a member of the family unit.
(3) The applicant is sponsored by a settled Australian citizen, or a settled Australian permanent resident, who:
(a) is a member of the Commonwealth Parliament or a State Parliament; or
(b) is a member of the Legislative Assembly of the Australian Capital Territory or the Northern Territory; or
(c) holds the office of mayor.
(4) The applicant is sponsored by a Commonwealth government agency or instrumentality or a State or Territory government agency or instrumentality.
600.233
If subclause 600.232(2) applies, and if the applicant is not a relative of the sponsor, a Subclass 600 visa in the Sponsored Family stream has been granted to another person who is:
(a) a relative of the sponsor; and
(b) sponsored by the sponsor in relation to the applicant’s visit.
600.234
The sponsorship described in subclause 600.232(2), (3) or (4) has been approved by the Minister and is still in force.
600.235
If an officer authorised under section 269 of the Act (which deals with security for compliance with the Act) has asked for the lodgement of a security, the security has been lodged.
600.24—Criteria for Business Visitor stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Business Visitor stream.
600.241
The applicant intends to visit Australia to engage in a business visitor activity.
600.242
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.
600.25—Criteria for Approved Destination Status stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Approved Destination Status stream.
600.251
(1) The applicant is a citizen of PRC.
(2) The applicant is resident in an area of PRC specified by the Minister in an instrument in writing for this subclause.
600.252
The applicant intends to travel to Australia as a member of a tour organised by a travel agent specified by the Minister in an instrument in writing for item 3 of the table in subitem 1236(6) of Schedule 1.
600.253
The applicant intends to travel to Australia for the purpose of sightseeing and related activities.
600.254
A statement of the travel and touring arrangements has been provided to the Minister.
600.26—Criteria for Frequent Traveller stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Frequent Traveller stream.
600.261
The applicant intends to visit Australia:
(a) as a tourist; or
(b) to engage in a business visitor activity.
600.262
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.
600.3—Secondary criteria
Note: There are no secondary criteria for this Part. The primary criteria must be satisfied by all applicants.
600.4—Circumstances applicable to grant
600.411
If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
600.412
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
600.413
An applicant for a Subclass 600 visa in the Approved Destination Status stream must be in PRC at the time of grant.
600.5—When visa is in effect
600.511
(1) If the visa:
(a) is granted to an applicant in Australia; and
(b) does not specify that it permits the holder to travel to and enter Australia;
temporary visa permitting the holder to remain in Australia for a period, or until a date, specified by the Minister.
(2) If the visa:
(a) is granted to an applicant in Australia; and
(b) specifies that it permits the holder to travel to and enter Australia;
temporary visa permitting the holder to travel to, and enter, Australia on one or more occasions, as specified by the Minister, until a date specified by the Minister and to remain in Australia, after each entry, for a period, or until a date, specified by the Minister.
600.512
(1) If the visa is granted to an applicant outside Australia, temporary visa permitting the holder to travel to, and enter, Australia on one or more occasions, as specified by the Minister, until a date specified by the Minister and to remain in Australia, after each entry, for a period, or until a date, specified by the Minister.
(2) Despite subclause (1), if the applicant satisfied the primary criteria for the grant of a Subclass 600 visa in the Frequent Traveller stream, temporary visa permitting the holder:
(a) to travel to and enter Australia on multiple occasions until a date specified by the Minister (which must not be more than 10 years after the date of grant of the visa); and
(b) to remain in Australia, after each entry, for 3 months.
600.513
Despite clauses 600.511 and 600.512, if:
(a) the visa is granted to an applicant on the basis of a deemed application under regulation 2.07AA; and
(b) the applicant already holds a substantive visa that is in effect at the time of grant;
the Subclass 600 visa comes into effect when the other substantive visa ceases to be in effect.
Note: If the visa period of the Subclass 600 visa ends before the other substantive visa ceases, the Subclass 600 visa never comes into effect.
600.6—Conditions
600.611
(1) Subclauses (2) to (4) apply if the visa is a Subclass 600 visa in the Tourist stream.
(2) If the sponsorship described in clause 600.224 has been approved by the Minister, conditions 8101, 8201, 8503, and 8531 must be imposed.
(3) If the applicant was not sponsored in accordance with clause 600.224, and subclause (4) does not apply:
(a) conditions 8101 and 8201 must be imposed; and
(b) conditions 8501, 8503 and 8558 may be imposed.
(4) If:
(a) the applicant is suffering financial hardship as a result of changes in the applicant’s circumstances after entering Australia; and
(b) the applicant, or a member of the applicant’s immediate family, is likely to become a charge on the Commonwealth, a State, a Territory or a public authority in Australia; and
(c) for reasons beyond the applicant’s control, the applicant, or a member of the applicant’s immediate family, cannot leave Australia; and
(d) the applicant has compelling personal reasons to work in Australia;
condition 8201 must be imposed and condition 8503 may be imposed.
600.612
If the visa is a Subclass 600 visa in the Sponsored Family stream, conditions 8101, 8201, 8503, and 8531 must be imposed.
600.613
If the visa is a Subclass 600 visa in the Business Visitor stream:
(a) conditions 8115 and 8201 must be imposed; and
(b) condition 8503 may be imposed.
600.614
If the visa is a Subclass 600 visa in the Approved Destination Status stream, conditions 8101, 8207, 8503 and 8530 must be imposed.
600.615
If the visa is a Subclass 600 visa in the Frequent Traveller stream, conditions 8115, 8201, 8503, 8516, 8527, 8531, 8572, 8573 and 8609 must be imposed.
Subclass 601—Electronic Travel Authority
601.1—Interpretation
Note 1: For business visitor activity and ETA‑eligible passport: see regulation 1.03.
Note 2: There are no interpretation provisions specific to this Part.
601.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 601 visa must be satisfied by all applicants.
All criteria must be satisfied at the time a decision is made on the application.
601.21—Criteria
601.211
The applicant holds an ETA‑eligible passport.
601.212
The applicant genuinely intends to visit Australia temporarily:
(a) as a tourist; or
(b) to engage in a business visitor activity.
601.213
The applicant satisfies public interest criteria 4002, 4003, 4004, 4005, 4013, 4014 and 4020.
601.214
The applicant satisfies special return criteria 5001 and 5002.
601.3—Secondary criteria
Note: There are no secondary criteria for this Part. The primary criteria must be satisfied by all applicants.
601.4—Circumstances applicable to grant
601.411
If the application is made in immigration clearance, the applicant must be in immigration clearance at time of grant.
601.412
If the application is made outside Australia, the applicant must be outside Australia at time of grant.
601.5—When visa is in effect
601.511
Temporary visa permitting the holder:
(a) to travel to, and enter, Australia on multiple occasions within the shorter of:
(i) 12 months from the date of the grant of the visa; and
(ii) the life of the holder’s passport; and
(b) to remain in Australia, after each entry, for 3 months.
601.512
Despite clause 601.511, if the applicant already holds a substantive visa (other than a Special Purpose visa or a Subclass 988 (Maritime Crew) visa) that is in effect at the time of grant, the Subclass 601 visa comes into effect when the other substantive visa ceases to be in effect.
Note: If the visa period of the Subclass 601 visa ends before the other substantive visa ceases, the Subclass 601 visa never comes into effect.
601.513
If the applicant already holds a substantive visa that is in effect at the date of grant and that substantive visa is cancelled, this visa is in effect for a period that ends when the other substantive visa is cancelled.
601.6—Conditions
601.611
Conditions 8115, 8201, 8527 and 8528 must be imposed.
Subclass 602—Medical Treatment
602.1—Interpretation
Note: There are no interpretation provisions specific to this Part.
602.2—Primary criteria
Note: All applicants must satisfy the primary criteria unless the applicant is a member of the family unit of a person who holds:
(a) a Subclass 602 visa on the basis of satisfying subclause 602.212(6) (unfit to depart); or
(b) a Subclass 685 (Medical Treatment (Long Stay)) visa on the basis of satisfying subclause 685.221(4) (unfit to depart).
Those applicants must satisfy the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
602.211
The applicant seeks to visit Australia, or remain in Australia temporarily, for the purposes of medical treatment or for related purposes.
602.212
(1) The requirements in one of subclauses (2) to (8) are met.
Medical treatment
(2) All of the following requirements are met:
(a) the applicant seeks to obtain medical treatment (including consultation), other than treatment for the purposes of surrogate motherhood, in Australia;
(b) arrangements have been concluded to carry out the treatment;
(c) if the treatment is an organ transplant:
(i) the donor of the relevant organ is accompanying the applicant to Australia; or
(ii) all requisite arrangements to effect the donation of the organ have been concluded in Australia;
(d) 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;
(e) arrangements have been concluded for the payment of all costs related to the treatment and all other expenses of the applicant’s stay in Australia, including the expenses of any person accompanying the applicant;
(f) either:
(i) the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or a public authority in Australia; or
(ii) evidence is produced that the relevant government authority has approved the payment of those costs.
Organ donor
(3) All of the following requirements are met:
(a) the applicant seeks to donate an organ for transplant in Australia;
(b) if the organ recipient is also an applicant, the requirements described in subclause (2) are met in relation to the organ recipient;
(c) the applicant satisfies public interest criterion 4005;
(d) arrangements have been concluded for the payment of all costs related to the organ transplant and all other expenses of the applicant’s stay in Australia, including the expenses of any person accompanying the applicant;
(e) either:
(i) the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or a public authority in Australia; or
(ii) evidence is produced that the relevant government authority has approved the payment of those costs.
Support person
(4) All of the following requirements are met:
(a) the applicant seeks to give emotional and other support to an applicant in relation to whom:
(i) the requirements described in subclause (2) or (3) are met; or
(ii) the requirements described in subclause 675.212(2) or (3) are met; or
(iii) the requirements described in subclause 685.212(2) or (3) are met;
(b) the person to whom the applicant is to provide support holds:
(i) a Subclass 602 visa on the basis that the requirements described in subclause (2) or (3) have been met; or
(ii) a Subclass 675 (Medical Treatment (Short Stay)) visa on the basis that the requirements described in subclause 675.212(2) or (3) have been met; or
(iii) a Subclass 685 (Medical Treatment (Long Stay)) visa on the basis that the requirements described in subclause 685.212(2) or (3) have been met;
(c) the applicant satisfies public interest criterion 4005.
Western Province of Papua New Guinea
(5) All of the following requirements are met:
(a) the applicant is a citizen of Papua New Guinea;
(b) the applicant resides in the Western Province of Papua New Guinea;
(c) the Department of the government of Queensland that is responsible for health has approved the medical evacuation of the applicant to, or treatment of the applicant in, a hospital in Queensland.
Unfit to depart
(6) All of the following requirements are met:
(a) the applicant is in Australia;
(b) the applicant has turned 50;
(c) the applicant has applied for a permanent visa while in Australia;
(d) the applicant appears to have met all the criteria for the grant of that visa, other than public interest criteria related to health;
(e) the applicant has been refused the visa;
(f) the applicant is medically unfit to depart Australia due to a permanent or deteriorating disease or health condition, as evidenced by a written statement to that effect from a Medical Officer of the Commonwealth.
Financial hardship
(7) All of the following requirements are met:
(a) one of the following applies:
(i) the requirements described in paragraphs (2)(a) to (c) are met in relation to the applicant;
(ii) the requirements described in paragraphs (3)(a) and (b) are met in relation to the applicant;
(iii) the requirements described in paragraphs (4)(a) and (b) are met in relation to the applicant;
(iv) the requirements described in subclause (5) are met in relation to the applicant;
(v) the requirements described in paragraphs (6)(a) to (e) are met in relation to the applicant;
(b) the applicant is in Australia;
(c) the applicant holds:
(i) a Subclass 602 visa; or
(ii) a Subclass 675 (Medical Treatment (Short Stay)) visa; or
(iii) a Subclass 685 (Medical Treatment (Long Stay)) visa;
(d) the applicant is suffering financial hardship as a result of changes in the applicant’s circumstances after entering Australia;
(e) the applicant, or a member of the applicant’s immediate family, is likely to become a charge on the Commonwealth, a State, a Territory or a public authority in Australia;
(f) the applicant, or a member of the applicant’s immediate family, cannot leave Australia for reasons beyond his or her control;
(g) the applicant has compelling personal reasons to work in Australia;
(h) the applicant satisfies public interest criterion 4005.
Compelling personal reasons
(8) All of the following requirements are met:
(a) one of the following applies:
(i) the requirements described in paragraphs (2)(a) to (c) are met in relation to the applicant;
(ii) the requirements described in paragraphs (3)(a) and (b) are met in relation to the applicant;
(iii) the requirements described in paragraphs (4)(a) and (b) are met in relation to the applicant;
(iv) the requirements described in subclause (5) are met in relation to the applicant;
(v) the requirements described in paragraphs (6)(a) to (e) are met in relation to the applicant;
(b) the applicant is in Australia;
(c) the applicant has compelling personal reasons for the grant of the visa;
(d) the applicant satisfies public interest criterion 4005, other than paragraph 4005(1)(c).
602.213
(1) Subclause (2) applies if:
(a) the applicant was in Australia at the time of application; and
(b) the applicant held a substantive temporary visa at that time; and
(c) the requirements described in subclause 602.212(6) are not met in relation to the applicant.
(2) The substantive temporary visa held by the applicant was not a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream.
(3) Subclause (4) applies if:
(a) the applicant was in Australia at the time of application; and
(b) the applicant did not hold a substantive temporary visa at that time; and
(c) the requirements described in subclause 602.212(6) are not met in relation to the applicant.
(4) The last substantive temporary visa held by the applicant was not a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream.
602.214
(1) No Australian citizen or Australian permanent resident would be disadvantaged in obtaining medical treatment or consultation if the visa was granted.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6) are met in relation to the applicant.
602.215
(1) The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 602 visa would be subject; and
(c) any other relevant matter.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6) are met in relation to the applicant.
602.216
(1) The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6) are met in relation to the applicant.
602.217
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4013 and 4014.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6), (7) or (8) are met in relation to the applicant.
602.218
The applicant satisfies public interest criteria 4020 and 4021.
602.219
If the applicant has not turned 18, the applicant also satisfies public interest criteria 4012, 4017 and 4018.
602.219A
The applicant satisfies special return criteria 5001, 5002 and 5010.
602.219B
(1) If the application is made in Australia:
(a) the period of stay in Australia to which the application relates is not sought for the purpose of commencing, continuing or completing any studies or training; and
(b) 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 one or more visitor visas, compelling personal reasons or exceptional circumstances exist for the grant of the visa.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6), (7) or (8) are met in relation to the applicant.
602.3—Secondary criteria
Note: These criteria are for certain applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
602.311
The applicant is a member of the family unit of a person who holds:
(a) a Subclass 602 visa on the basis of satisfying the requirements in subclause 602.212(6); or
(b) a Subclass 685 (Medical Treatment (Long Stay)) visa on the basis of satisfying the requirements in subclause 685.221(4).
602.312
(1) The applicant satisfies public interest criteria 4020 and 4021.
(2) If the applicant has not turned 18, the applicant also satisfies public interest criteria 4012, 4017 and 4018.
602.313
The applicant satisfies special return criterion 5010.
602.314
(1) Subclauses (2) to (6) apply if the applicant holds:
(a) a Subclass 602 visa; or
(b) a Subclass 675 (Medical Treatment (Short Stay)) visa; or
(c) a Subclass 685 (Medical Treatment (Long Stay)) visa.
(2) The applicant is suffering financial hardship as a result of changes in the applicant’s circumstances after entering Australia.
(3) The applicant, or a member of the applicant’s immediate family, is likely to become a charge on the Commonwealth, a State, a Territory or a public authority in Australia.
(4) For reasons beyond the applicant’s control, the applicant, or a member of the applicant’s immediate family, cannot leave Australia.
(5) The applicant has compelling personal reasons to work in Australia.
(6) The applicant satisfies public interest criterion 4005.
602.4—Circumstances applicable to grant
602.411
If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
602.412
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
602.5—When visa is in effect
602.511
Temporary visa permitting the holder:
(a) to travel to, and enter, Australia on one or more occasions until a date specified by the Minister; and
(b) to remain in Australia for a period specified by the Minister.
602.6—Conditions
602.611
(1) If:
(a) the applicant holds a Subclass 602 visa on the basis of satisfying the primary criteria; and
(b) the requirements described in subclause 602.212(7) have been met in relation to the applicant;
condition 8201 must be imposed.
(2) If:
(a) the applicant holds a Subclass 602 visa on the basis of satisfying the secondary criteria; and
(b) the requirements described in clause 602.314 have been met in relation to the applicant;
condition 8201 must be imposed.
(3) In any other case, conditions 8101 and 8201 must be imposed.
602.612
Condition 8503 may be imposed.
Subclass 651—eVisitor
651.1—Interpretation
Note 1: For business visitor activity and eVisitor eligible passport: see regulation 1.03.
Note 2: There are no interpretation provisions specific to this Part.
651.2—Primary Criteria
Note: The primary criteria for the grant of a Subclass 651 visa must be satisfied by all applicants.
All criteria must be satisfied at the time a decision is made on the application.
651.21—Criteria
651.211
The applicant holds an eVisitor eligible passport.
651.212
The applicant genuinely intends to visit Australia temporarily:
(a) as a tourist; or
(b) to engage in a business visitor activity.
651.213
The applicant satisfies public interest criteria 4002, 4003, 4004, 4005, 4013, 4014 and 4020.
651.214
The applicant satisfies special return criteria 5001 and 5002.
651.3—Secondary criteria
Note: There are no secondary criteria for this Part. The primary criteria must be satisfied by all applicants.
651.4—Circumstances applicable to grant
651.411
The applicant must be outside Australia at the time of the grant.
651.5—When visa is in effect
651.511
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; and
(b) to remain in Australia, after each entry, for 3 months.
651.6—Conditions
651.611
Conditions 8115, 8201, 8527 and 8528 must be imposed.
Subclass 676—Tourist
676.1—Interpretation
Note: oral application is defined in regulation 1.03. There are 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 satisfies the Minister that the applicant’s expressed intention to only visit Australia is genuine.
676.212
The applicant seeks to visit Australia, or remain in Australia as a visitor:
(a) for the purpose of visiting an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; or
(b) for a purpose other than a purpose related to business or medical treatment.
676.213
The applicant:
(a) has adequate funds, or access to adequate funds, for personal support during the period of the visit; or
(b) meets the requirements of paragraph 676.221(3)(f).
676.215
If the applicant is in Australia:
(a) either:
(i) at the time of application, the applicant held a substantive temporary visa other than a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or
(ii) if the applicant did not hold a substantive temporary visa at the time of application:
(A) the last substantive temporary visa held by the applicant was not a visa mentioned in paragraph (a); and
(B) the applicant satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and
(b) the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.
676.22—Criteria to be satisfied at time of decision
676.221
(1) The applicant meets the requirements of subclause (2) or (3).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant satisfies the Minister that the applicant’s expressed intention to only visit Australia is genuine; and
(b) the applicant continues to satisfy the criteria in clauses 676.212 and 676.213; and
(c) either:
(i) if the applicant has not turned 18, public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4012, 4013, 4014, 4017, 4018 and 4021 are satisfied in relation to the applicant; or
(ii) if the applicant has turned 18, public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014 and 4021 are satisfied in relation to the applicant; and
(e) if the applicant is in Australia:
(i) the applicant continues to satisfy the criteria in paragraph 676.215(b); 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 applicant is the holder of a student visa, or has been the holder of a student visa since last entering Australia—the Minister is satisfied that:
(A) the period of the applicant’s stay in Australia is not sought for the purpose of commencing a registered course; and
(B) the period of the applicant’s stay in Australia is not sought for the purpose of continuing or completing a registered course in which the applicant is enrolled.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant is in Australia; and
(b) the application was not an oral application; and
(c) the application was not made on form 601E; and
(d) the applicant satisfies the Minister that the applicant’s expressed intention to only visit Australia is genuine; and
(e) the applicant continues to satisfy the criteria in clause 676.212; and
(f) either:
(i) the applicant has compelling personal reasons for the grant of the visa; or
(ii) each of the following applies:
(A) the applicant is suffering financial hardship as a result of changes in the applicant’s circumstances after entering Australia;
(B) the applicant, or a member of the applicant’s immediate family, is likely to become a charge on public funds in Australia;
(C) for reasons beyond the applicant’s control, the applicant, or a member of the applicant’s immediate family, cannot leave Australia;
(D) the Minister is satisfied that the applicant has compelling personal reasons to work in Australia; and
(g) the applicant satisfies public interest criteria 4005 and 4021; and
(h) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
676.222
(1) If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.
(2) The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a) compelling circumstances that affect the interests of Australia; or
(b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
676.223
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
676.224
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 Minister is satisfied that exceptional circumstances 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.
676.413
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 was granted to an applicant 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 for a period, or until a date, specified by the Minister for the purpose.
676.512
If the visa was granted to an applicant in Australia (not being on the basis of 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 1 or more occasions until a date specified by the Minister for the purpose; and
(ii) to remain in Australia, after each entry, for a period, or until a date, specified by the Minister for the purpose.
676.513
If the visa was granted to an applicant in Australia on the basis of an oral application—temporary visa permitting the holder:
(a) to remain in Australia until the date (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 applicant at the time of making the oral application would have permitted the holder to remain in Australia; and
(ii) the date 12 months from the date on which the holder last entered Australia; and
(b) if the holder leaves Australia during the visa period:
(i) to travel to, and enter, Australia on 1 or more occasions until the later of:
(A) the last stay date; and
(B) the latest date on which the substantive visa held by the applicant at the time of making the oral application would have permitted the holder to enter Australia; and
(ii) to remain in Australia, after each entry, for a period, or until a date, 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 sub‑subparagraph 676.221(3)(f)(ii)(D), that the applicant has compelling personal reasons to work in Australia:
(a) condition 8201 must be imposed; and
(b) condition 8503 may be imposed.
676.613
In any other case:
(a) conditions 8101 and 8201 must be imposed; and
(b) conditions 8501, 8503 and 8558 may be imposed.
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 for the purpose of signing on to a non‑military ship (other than a ship that is being imported into Australia) as a member of the 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 in clauses 771.211 to 771.213.
771.222
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014, 4020 and 4021.
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.
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 or de facto partner 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 visa that is in effect; and
(ii) seeks to remain in Australia on a temporary basis; and
(iii) appears to the Minister, from information in the application, to be a person:
(A) who is eligible for the grant of a Visitor (Class TV) visa; or
(B) who is, apart from the requirements of subitem 1236(5) of Schedule 1, eligible for the grant of a Subclass 600 (Visitor) visa; or
(C) who is, apart from the requirements of subitem 1224(3) of Schedule 1 and clause 771.411 of this Schedule, eligible for the grant of a Transit (Temporary) (Class TX) visa; or
(D) who is, apart from the requirements of item 1231 of Schedule 1 and clause 400.411 of this Schedule, eligible for the grant of a Subclass 400 (Temporary Work (Short Stay Specialist)) visa.
(2) The classes of visa referred to in sub‑subparagraph (1)(d)(i)(B) are the following:
(a) Spouse (Migrant) (Class BC);
(ab) Partner (Migrant) (Class BC);
(b) Child (Migrant) (Class AH);
(c) Adoption (Migrant) (Class AA);
(d) Parent (Migrant) (Class AX);
(e) Preferential Relative (Migrant) (Class AY);
(f) Skilled—Australian Linked (Migrant) (Class AJ);
(g) Labour Agreement (Migrant) (Class AU);
(h) Employer Nomination (Migrant) (Class AN);
(ha) Employer Nomination (Permanent) (Class EN);
(hb) Regional Employer Nomination (Permanent) (Class RN);
(j) Distinguished Talent (Migrant) (Class AL);
(k) Independent (Migrant) (Class AT);
(l) Business Skills (Migrant) (Class AD);
(la) Business Skills—Business Talent (Permanent) (Class EA);
(lb) Business Skills—Established Business (Residence) (Class BH);
(lc) Business Skills (Residence) (Class DF);
(ld) Business Skills (Permanent) (Class EC);
(n) Special Eligibility (Migrant) (Class AR);
(q) General (Residence) (Class AS);
(s) Confirmatory (Residence) (Class AK);
(t) Special Eligibility (Residence) (Class AO);
(u) Refugee and Humanitarian (Migrant) (Class BA);
(v) Camp Clearance (Migrant) (Class AF);
(w) East Timorese in Portugal (Special Assistance) (Class AM);
(x) Citizens of the Former Yugoslavia (Special Assistance) (Class AI);
(y) Minorities of Former USSR (Special Assistance) (Class AV);
(z) Burmese in Burma (Special Assistance) (Class AB);
(za) Sudanese (Special Assistance) (Class BD);
(zb) Burmese in Thailand (Special Assistance) (Class AC);
(zc) Cambodian (Special Assistance) (Class AE);
(zd) Return (Residence) (Class BB);
(zf) protection visas (including Protection (Class AZ) visas, see subsection 35A(5) of the Act);
(zg) Territorial Asylum (Residence) (Class BE);
(zga) Designated Parent (Migrant) (Class BY);
(zgb) Designated Parent (Residence) (Class BZ);
(zh) Skilled – Independent (Migrant) (Class BN);
(zi) Skilled – Australian‑sponsored (Migrant) (Class BQ);
(zj) Other Family (Migrant) (Class BO);
(zk) Aged Parent (Residence) (Class BP);
(zl) Partner (Residence) (Class BS);
(zm) Child (Residence) (Class BT);
(zn) Other Family (Residence) (Class BU);
(zo) Skilled—New Zealand Citizen (Residence) (Class DB);
(zp) Skilled—Independent Overseas Student (Residence) (Class DD);
(zq) Skilled—Australian‑sponsored Overseas Student (Residence) (Class DE);
(zr) Contributory Parent (Migrant) (Class CA);
(zs) Contributory Aged Parent (Residence) (Class DG);
(zt) Skilled—Designated Area‑sponsored (Residence) (Class CC);
(zu) Skilled (Residence) (Class VB);
(zv) Skilled (Migrant) (Class VE);
(zw) Skilled—Independent (Permanent) (Class SI);
(zx) Skilled—Nominated (Permanent) (Class SN);
(zy) Global Talent (Class BX).
(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);
(aa) Business Skills (Provisional) (Class UR);
(ab) Business Skills (Provisional) (Class EB);
(c) Diplomatic (Temporary) (Class TF);
(f) Expatriate (Temporary) (Class TJ);
(g) Family Relationship (Temporary) (Class TL);
(ga) Graduate—Skilled (Temporary) (Class UQ);
(gb) Interdependency (Provisional) (Class UG);
(h) Interdependency (Temporary) (Class TM);
(i) Medical Practitioner (Temporary) (Class UE);
(ia) New Zealand Citizen Family Relationship (Temporary) (Class UP);
(j) Retirement (Temporary) (Class TQ);
(ja) Spouse (Provisional) (Class UF);
(jb) Partner (Provisional) (Class UF);
(k) Supported Dependant (Temporary) (Class TW);
(l) Working Holiday (Temporary) (Class TZ);
(m) Contributory Parent (Temporary) (Class UT);
(n) Contributory Aged Parent (Temporary) (Class UU);
(o) Skilled—Designated Area‑sponsored (Provisional) (Class UZ);
(p) Skilled—Independent Regional (Provisional) (Class UX);
(q) Skilled (Provisional) (Class VC);
(r) Skilled (Provisional) (Class VF);
(s) Skilled—Regional Sponsored (Provisional) (Class SP);
(sa) Skilled Employer Sponsored Regional (Provisional) (Class PE);
(sb) Skilled Work Regional (Provisional) (Class PS);
(t) Temporary Work (Long Stay Activity) (Class GB);
(u) Training and Research (Class GC);
(ua) Temporary Work (International Relations) (Class GD);
(v) Temporary Work (Entertainment) (Class GE);
(w) Special Program (Temporary) (Class TE).
(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));
(aa) Subclass 407 (Training);
(ab) Subclass 408 (Temporary Activity);
(b) Subclass 457 (Temporary Work (Skilled));
(c) Subclass 482 (Temporary Skill Shortage).
773.214
In the case of an application by an applicant other than a person referred to in paragraph 773.213(1)(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(1)(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(1)(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(1)(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, 4005 and 4012; 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.
773.225
(1) If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.
(2) The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a) compelling circumstances that affect the interests of Australia; or
(b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
773.226
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
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:
(a) either:
(i) coming into effect on grant; or
(ii) providing that if:
(A) the applicant holds another substantive visa, other than:
(I) a Special Purpose visa; or
(II) a Subclass 988 (Maritime Crew) visa;
that is in effect at the date of grant; and
(B) the other substantive visa ceases during the period beginning at the grant of this visa and ending at the end of the period specified in this visa;
this visa comes into effect when the other substantive visa ceases; and
(b) permitting the holder to remain in Australia for a period specified by the Minister, not exceeding 30 days from the date of grant.
Note: If, when the other substantive visa ceases, the period from the grant of this visa to the time the other substantive visa ceases exceeds the period specified in this visa, this visa will not come into effect.
773.512
If the visa holder holds another substantive visa at the date of grant and that substantive visa is cancelled, this visa is in effect for a period that ends when the other substantive visa is cancelled.
773.6—Conditions
773.611
Conditions applicable to the visa for which the applicant is apparently eligible.
Subclass 785—Temporary Protection
785.1—Interpretation
Note 1: For member of the same family unit, see subsection 5(1) of the Act.
Note 2: There are no interpretation provisions specific to this Part.
785.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
785.21—Criteria to be satisfied at time of application
785.211
(1) Subclause (2) or (3) is satisfied.
(2) The applicant:
(a) claims that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant; and
(b) makes specific claims as to why that criterion is satisfied.
Note: Paragraphs 36(2)(a) and (aa) of the Act set out criteria for the grant of protection visas to non‑citizens in respect of whom Australia has protection obligations.
(3) The applicant claims to be a member of the same family unit as a person:
(a) to whom subclause (2) applies; and
(b) who is an applicant for a Subclass 785 (Temporary Protection) visa.
Note: See paragraphs 36(2)(b) and (c) of the Act.
785.22—Criteria to be satisfied at time of decision
785.221
(1) Subclause (2) or (3) is satisfied.
(2) The Minister is satisfied that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant.
Note: Paragraphs 36(2)(a) and (aa) of the Act set out criteria for the grant of protection visas to non‑citizens in respect of whom Australia has protection obligations.
(3) The Minister is satisfied that:
(a) the applicant is a member of the same family unit as an applicant mentioned in subclause (2); and
(b) the applicant mentioned in subclause (2) has been granted a Subclass 785 (Temporary Protection) visa.
Note: See paragraphs 36(2)(b) and (c) of the Act.
785.222
The applicant has undergone a medical examination carried out by any of the following (a relevant medical practitioner):
(a) a Medical Officer of the Commonwealth;
(b) a medical practitioner approved by the Minister for the purposes of this paragraph;
(c) a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.
785.223
(1) One of subclauses (2) to (5) is satisfied.
(2) The applicant has undergone a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia.
(3) The applicant is under 11 years of age and is not a person in respect of whom a relevant medical practitioner has requested the examination mentioned in subclause (2).
(4) The applicant is a person:
(a) who is confirmed by a relevant medical practitioner to be pregnant; and
(b) who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and
(c) who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and
(d) who the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.
(5) The applicant:
(a) is an unauthorised maritime arrival; and
(b) holds or has held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; and
(c) at the time the visa was granted, satisfied any of the following:
(i) subclause (3) of this clause;
(ii) this subclause;
(iii) subclause 790.223(3);
(iv) subclause 790.223(5).
785.224
(1) A relevant medical practitioner has considered:
(a) the results of any tests carried out for the purposes of the medical examination required under clause 785.222; and
(b) the radiological report (if any) required under clause 785.223 in respect of the applicant.
(2) If the relevant medical practitioner:
(a) is not a Medical Officer of the Commonwealth; and
(b) considers that the applicant has a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community;
the relevant medical practitioner has referred any relevant results and reports to a Medical Officer of the Commonwealth.
785.225
If a Medical Officer of the Commonwealth considers that the applicant has a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community, arrangements have been made, on the advice of the Medical Officer of the Commonwealth, to place the applicant under the professional supervision of a health authority in a State or Territory to undergo any necessary treatment.
785.226
The applicant:
(a) satisfies public interest criteria 4001 and 4003A; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
785.227
The Minister is satisfied that the grant of the visa is in the national interest.
785.228
(1) If the applicant is a child to whom subregulation 2.08(2) applies, subclause (2) is satisfied.
(2) The Minister is satisfied that:
(a) the applicant is a member of the same family unit as an applicant to whom subclause 785.221(2) applies; and
(b) the applicant to whom subclause 785.221(2) applies has been granted a Subclass 785 (Temporary Protection) visa.
Note 1: Subregulation 2.08(2) applies, generally, to a child born to a non‑citizen after the non‑citizen has applied for a visa but before the application is decided.
Note 2: Subclause 785.221(2) applies if the Minister is satisfied that Australia has protection obligations in respect of the applicant as mentioned in paragraph 36(2)(a) or (aa) of the Act.
785.3—Secondary criteria
Note: All applicants must satisfy the primary criteria.
785.4—Circumstances applicable to grant
785.411
The applicant must be in Australia when the visa is granted.
785.5—When visa is in effect
785.511
Temporary visa permitting the holder to remain in, travel to and enter Australia until:
(a) in a case in which the holder of the temporary visa (the first visa) makes a valid application for another Subclass 785 (Temporary Protection) visa, or a Subclass 790 (Safe Haven Enterprise) visa, within 3 years after the grant of the first visa:
(i) if the application is withdrawn—the later of:
(A) the day the application is withdrawn; or
(B) the end of 3 years from the date of the grant of the first visa, or the end of any shorter period specified by the Minister, whichever occurs earlier; and
(ii) if the application is not withdrawn—35 days after the day the application is finally determined; and
(b) in any other case—the earlier of:
(i) the end of 3 years from the date of grant of the first visa; and
(ii) the end of any shorter period, specified by the Minister, from the date of grant of the first visa.
785.6—Conditions
785.611
Conditions 8503, 8570 and 8565.
Subclass 786—Temporary (Humanitarian Concern)
786.1—Interpretation
Note: No interpretation provisions specific to this Part.
786.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
786.21—Criteria to be satisfied at time of application
786.211
The applicant is the holder of a Temporary Safe Haven (Class UJ) visa.
786.22—Criteria to be satisfied at time of decision
786.221
The Minister is satisfied that, for reasons of humanitarian concern, the applicant should be permitted to remain in Australia for a further period.
786.222
The applicant has undergone a medical examination carried out by any of the following (a relevant medical practitioner):
(a) a Medical Officer of the Commonwealth;
(b) a medical practitioner approved by the Minister for the purposes of this paragraph;
(c) a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.
786.223
(1) Subject to subclause (2), the applicant has undergone a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia.
(2) Subclause (1) does not apply to an applicant if the applicant:
(a) is under 11 years of age and is not a person in respect of whom a Commonwealth Medical Officer has requested such an examination; or
(b) is a person:
(i) who is confirmed by a Commonwealth Medical Officer to be pregnant; and
(ii) who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and
(iii) who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and
(iv) who the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.
786.224
The applicant satisfies public interest criterion 4001 or, if the applicant is unable to satisfy that criterion because the appropriate inquiries have not been completed, the applicant declares in writing, to the satisfaction of the Minister, that the applicant:
(a) does not have a criminal record; and
(b) is not a terrorist; and
(c) has not engaged in crimes against humanity or war crimes; and
(d) will assist Immigration by attempting to obtain any relevant records relating to the applicant.
786.225
The applicant satisfies public interest criteria 4002 and 4003A.
786.3—Secondary criteria
Note: All applicants must satisfy the primary criteria.
786.4—Circumstances applicable to grant
786.411
The applicant must be in Australia.
786.5—When visa is in effect
786.511
Temporary visa permitting the holder to remain in, but not re‑enter, Australia until the earlier of:
(a) the end of 36 months from the date of grant of the visa; and
(b) the end of any shorter period determined in writing by the Minister from the date of grant of the visa.
786.6—Conditions
786.611
The holder must notify Immigration of any change in the holder’s address at least 2 working days before the change.
786.612
The holder must not become involved in any disruptive activity, or violence, that may be a threat to the welfare of the Australian community or a group in the Australian community.
Subclass 790—Safe Haven Enterprise
790.1—Interpretation
Note 1: For member of the same family unit, see subsection 5(1) of the Act.
Note 2: There are no interpretation provisions specific to this Part.
790.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
790.21—Criteria to be satisfied at time of application
790.211
(1) Subclause (2) or (3) is satisfied.
(2) The applicant:
(a) claims that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant; and
(b) makes specific claims as to why that criterion is satisfied.
Note: Paragraphs 36(2)(a) and (aa) of the Act set out criteria for the grant of protection visas to non‑citizens in respect of whom Australia has protection obligations.
(3) The applicant claims to be a member of the same family unit as a person:
(a) to whom subclause (2) applies; and
(b) who is an applicant for a Subclass 790 (Safe Haven Enterprise) visa.
Note: See paragraphs 36(2)(b) and (c) of the Act.
790.22—Criteria to be satisfied at time of decision
790.221
(1) Subclause (2) or (3) is satisfied.
(2) The Minister is satisfied that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant.
Note: Paragraphs 36(2)(a) and (aa) of the Act set out criteria for the grant of protection visas to non‑citizens in respect of whom Australia has protection obligations.
(3) The Minister is satisfied that:
(a) the applicant is a member of the same family unit as an applicant mentioned in subclause (2); and
(b) the applicant mentioned in subclause (2) has been granted a Subclass 790 (Safe Haven Enterprise) visa.
Note: See paragraphs 36(2)(b) and (c) of the Act.
790.222
The applicant has undergone a medical examination carried out by any of the following (a relevant medical practitioner):
(a) a Medical Officer of the Commonwealth;
(b) a medical practitioner approved by the Minister for the purposes of this paragraph;
(c) a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.
790.223
(1) One of subclauses (2) to (5) is satisfied.
(2) The applicant has undergone a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia.
(3) The applicant is under 11 years of age and is not a person in respect of whom a relevant medical practitioner has requested the examination mentioned in subclause (2).
(4) The applicant is a person:
(a) who is confirmed by a relevant medical practitioner to be pregnant; and
(b) who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and
(c) who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and
(d) who the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.
(5) The applicant:
(a) is an unauthorised maritime arrival; and
(b) holds or has held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; and
(c) at the time the visa was granted, satisfied any of the following:
(i) subclause 785.223(3);
(ii) subclause 785.223(5);
(iii) subclause (3) of this clause;
(iv) this subclause.
790.224
(1) A relevant medical practitioner has considered:
(a) the results of any tests carried out for the purposes of the medical examination required under clause 790.222; and
(b) the radiological report (if any) required under clause 790.223 in respect of the applicant.
(2) If the relevant medical practitioner:
(a) is not a Medical Officer of the Commonwealth; and
(b) considers that the applicant has a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community;
the relevant medical practitioner has referred any relevant results and reports to a Medical Officer of the Commonwealth.
790.225
If a Medical Officer of the Commonwealth considers that the applicant has a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community, arrangements have been made, on the advice of the Medical Officer of the Commonwealth, to place the applicant under the professional supervision of a health authority in a State or Territory to undergo any necessary treatment.
790.226
The applicant:
(a) satisfies public interest criteria 4001 and 4003A; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
790.227
The Minister is satisfied that the grant of the visa is in the national interest.
790.228
(1) If the applicant is a child to whom subregulation 2.08(2) applies, subclause (2) is satisfied.
(2) The Minister is satisfied that:
(a) the applicant is a member of the same family unit as an applicant to whom subclause 790.221(2) applies; and
(b) the applicant to whom subclause 790.221(2) applies has been granted a Subclass 790 (Safe Haven Enterprise) visa.
Note 1: Subregulation 2.08(2) applies, generally, to a child born to a non‑citizen after the non‑citizen has applied for a visa but before the application is decided.
Note 2: Subclause 790.221(2) applies if the Minister is satisfied that Australia has protection obligations in respect of the applicant as mentioned in paragraph 36(2)(a) or (aa) of the Act.
790.3—Secondary criteria
Note: All applicants must satisfy the primary criteria.
790.4—Circumstances applicable to grant
790.411
The applicant must be in Australia when the visa is granted.
790.5—When visa is in effect
790.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until:
(a) in a case in which the holder of the temporary visa (the first visa) makes a valid application for another Subclass 790 (Safe Haven Enterprise) visa or a Subclass 785 (Temporary Protection) visa, within 5 years after the grant of the first visa:
(i) if the application is withdrawn—the later of the day the application is withdrawn, and the end of 5 years from the date of the grant of the first visa; and
(ii) if the application is not withdrawn—35 days after the day the application is finally determined; or
(b) in any other case—the end of 5 years from the date of grant of the first visa.
790.6—Conditions
790.611
Conditions 8565 and 8570.
Note: There is nothing in the Act or these regulations which restricts the ability of the holder of the visa to study or work as he or she sees fit.
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 in clause 800.211.
800.221A
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4009; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
800.222
(1) Each person who is a member of the family unit of the applicant and who is also an applicant for a Subclass 800 visa:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4009; and
(b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019.
(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 a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
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:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4009; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
800.323
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation 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.
Subclass 801—Partner
801.1—Interpretation
801.111
In this Part:
sponsoring partner means:
(a) an Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application for the Subclass 820 (Spouse) visa or Subclass 820 (Partner) visa as the spouse or de facto partner of the applicant; or
(b) for a person to whom the Minister has decided, under section 345, 351, 417 or 501J of the Act, to grant a Subclass 820 (Spouse) visa or a Subclass 820 (Partner) visa—an Australian citizen, Australian permanent resident or eligible New Zealand citizen who was the spouse or de facto partner of that person at the time the visa was granted.
Note: Australian permanent resident, eligible New Zealand citizen and long‑term partner relationship are defined in regulation 1.03, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
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), (2A), (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 sponsored for the grant of the Subclass 820 (Partner) visa by:
(i) the sponsoring partner; or
(ii) the Australian citizen, Australian permanent resident or eligible New Zealand citizen who sponsored the applicant for that visa; and
(c) the applicant is the spouse or de facto partner of the sponsoring partner; and
(d) subject to subclauses (6A) and (7), at least 2 years have passed since the application was made.
(2A) An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 820 (Partner) visa which the Minister has decided, under section 345, 351, 417 or 501J of the Act, to grant to the applicant; and
(b) the applicant is the spouse or de facto partner of the sponsoring partner; and
(c) subject to subclauses (6A) and (7), at least 2 years have passed since the Minister made the decision mentioned in paragraph (a).
(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 met 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 met 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) or (2A) except that the sponsoring partner has died; and
(c) satisfies the Minister that the applicant would have continued to be the spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died; and
(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) or (2A) except that the relationship between the applicant and the sponsoring partner 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 sponsoring partner or of the applicant or of both of them;
has suffered family violence committed by the sponsoring partner;
(ii) the applicant:
(A) has custody or joint custody of, or access to; or
(B) has a residence order or contact order made under the Family Law Act 1975 relating to;
at least 1 child in respect of whom the sponsoring partner:
(C) has been granted joint custody or access by a court; or
(D) has a residence order or contact order made under the Family Law Act 1975; or
(E) has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation.
Note: For special provisions relating to family violence, see Division 1.5.
(6A) Paragraphs (2)(d) and (2A)(c) do not apply to an applicant who at the time of making the application was in a long‑term partner relationship with the sponsoring partner.
(7) Nothing in paragraphs (2)(d) and (2A)(c) prevents the Minister, less than 2 years after the application is made:
(a) refusing to grant a Subclass 801 visa; or
(d) approving the grant of a Subclass 801 visa to an applicant who meets the requirements of subclause (5) or (6).
(8) The applicant meets the requirements of this subclause:
(a) if the applicant held a Subclass 820 (Partner) visa that ceased on notification of a decision of the Minister to refuse a Subclass 801 visa; and
(b) if the Tribunal:
(i) has remitted that decision for reconsideration and, as a result, the Minister decides that the applicant satisfies the criteria for the grant of a Subclass 801 visa apart from the criterion that the applicant hold a Subclass 820 visa; or
(ii) has determined that the applicant satisfies the criteria for the grant of a Subclass 801 visa apart from the criterion that the applicant hold a Subclass 820 visa.
801.223
(1) The applicant:
(a) subject to subclause (2)—satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
(2) Paragraph (1)(a) does not apply to an applicant 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) Each member of the family unit of the applicant who is an applicant for a Subclass 801 visa is a person who:
(a) subject to subclause (3)—satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and
(c) satisfies public interest criterion 4020.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 801 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
(3) Paragraph (1)(a) does not apply to an applicant who meets the requirements of clause 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 met 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
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
801.226
The applicant satisfies public interest criteria 4020 and 4021.
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
(1) The applicant meets the requirements of subclause (2) or (3).
(2) An applicant meets the requirements of this subclause if the applicant is:
(a) a dependent child of a person who has applied for a Partner (Residence) (Class BS) 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 Subclass 300 (Prospective Marriage) visa; and
(ii) has applied for a Partner (Residence) (Class BS) visa;
and the Minister has not decided to grant or refuse to grant a visa to the person.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 820 (Partner) visa which the Minister has decided, under section 345, 351, 417 or 501J of the Act, to grant to the applicant; and
(b) the applicant is a member of the family unit of a person who:
(i) is the holder of a Subclass 820 (Partner) visa; and
(ii) has applied for a Partner (Residence) (Class BS) visa; and
(c) 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) any of the following applies:
(i) the applicant is the holder of:
(A) a Subclass 445 (Dependent Child) visa; or
(C) a Subclass 820 (Partner) visa;
(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;
(iii) the applicant is a person:
(A) who holds:
(I) a Subclass 445 (Dependent Child) visa; or
(II) a Subclass 820 (Spouse) visa; or
(III) a Subclass 820 (Partner) visa;
which the Minister has decided, under section 345, 351, 417 or 501J of the Act, to grant to the applicant; and
(B) who, at the time the visa mentioned in sub‑subparagraph (A) was granted, 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 445 (Dependent Child) visa, Subclass 820 (Spouse) visa or Subclass 820 (Partner) visa; and
(b) that other person has been granted a Subclass 801 visa.
801.323
(1) The applicant:
(a) subject to subclause (2)—satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
(2) Paragraph (1)(a) does not apply to an applicant 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
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
801.325
The applicant satisfies public interest criteria 4020 and 4021.
801.4—Circumstances applicable to grant
801.411
The applicant must be:
(a) in Australia, but not in immigration clearance; or
(b) outside Australia;
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.
