Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 2.08B

  (1)   If:

  (a)   a person ( the original applicant ) applies for:

  (i)   an Extended Eligibility (Temporary) (Class TK) visa; or

  (iii)   a Prospective Marriage (Temporary) (Class TO) visa; or

  (vi)   a Partner (Provisional) (Class UF) visa; or

  (vii)   a Partner (Temporary) (Class UK) visa; or

  (viii)   a Business Skills (Provisional) (Class UR) visa; or

  (viiia)   a Business Skills (Provisional) (Class EB) visa; or

  (x)   a Skilled (Provisional) (Class VC) visa; or

  (xi)   a Skilled (Provisional) (Class VF) visa; or

  (xiii)   a Skilled--Regional Sponsored (Provisional) (Class SP) visa; or

  (xiv)   a Skilled Work Regional (Provisional) (Class PS) visa; or

  (xv)   a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa; and

  (b)   the Minister receives, in writing and in accordance with Division   2.3, a request from the original applicant to have a dependent child of the original applicant added to the original applicant's application; and

  (ba)   the request is received after the application is made but before it is decided; and

  (c)   the request includes a statement that the original applicant claims that the dependent child is the dependent child of the original applicant; and

  (d)   the additional applicant charge (if any) and the subsequent temporary application charge (if any) have been paid in relation to the dependent child; and

  (daa)   at the time when:

  (i)   the Minister has received the request; and

  (ii)   the additional applicant charge (if any) and the subsequent temporary application charge (if any) have been paid in relation to the additional applicant;

    the dependent child satisfies the provisions of Schedule   1 that relate to the whereabouts of an applicant at the time of application and apply to a visa of the same class;

then:

  (e)   the dependent child is taken to have applied for a visa of the same class; and

  (f)   the application of the dependent child:

  (i)   is taken to have been made on the latest of:

  (A)   the Minister receiving the request; and

  (B)   the additional applicant charge (if any) being paid; and

  (C)   the subsequent temporary application charge (if any) being paid; and

  (ii)   is taken to be combined with the application of the original applicant; and

  (iii)   is taken to have been made at the same place as, and on the same form as, the application of the original applicant.

  (2)   Despite any provision in Schedule   2, the dependent child:

  (a)   must be, at the time when the application is taken to be made under subparagraph   (1)(f)(i), a person who satisfies the applicable secondary criteria to be satisfied at the time of application; and

  (b)   must satisfy the applicable secondary criteria to be satisfied at the time of decision.