Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations010.1--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
(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
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
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
(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.
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).
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
(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 inister 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.
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
The applicant is the holder of:
(a) a Bridging A (Class WA) visa; or
(b) a Bridging B (Class WB) visa.
(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.
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
The applicant continues to satisfy the criteria set out in clauses 020.211 and 020.212.
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
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
(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.
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.
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
(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 inister 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.
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
The applicant does not hold a Bridging E (Class WE) visa and has not held such a visa since last holding a substantive visa.
(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
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
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
(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.
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).
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
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.
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.
(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.
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.
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.
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.
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
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
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
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
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
The applicant is an unlawful non - citizen.
The applicant is unable, or does not want, to apply for a substantive visa.
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
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
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
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
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
(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), (17) or (18).
(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 inister 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
The applicant continues to satisfy the criteria set out in clauses 050.211 and 050.212.
(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.
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.
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.
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
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
(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.
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.
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.
(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.
(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 inister 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.
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.
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).
(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.
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).
(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.
(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.
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).
(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.
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.
(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.
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.
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
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.
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.
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.
(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.
In the case of a visa granted to an applicant who meets the requirements of subclause 050.212(4AAA) or (4AB): Nil.
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.
(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 inister 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.
(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.
(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.
(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.
(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.
(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.
(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.
In addition to any other condition imposed by another provision of this Division, condition 8564 may be imposed.
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.
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
The applicant is an eligible non - citizen referred to in subregulation 2.20(7), (8), (9), (10) or (11).
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.
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
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
The applicant must be in Australia but not in immigration clearance.
051.5--When visa is in effect
(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.
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).
(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
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.
(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.
(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.
In addition to any other condition imposed by another provision of this Division, condition 8564 may be imposed.
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
The applicant has been identified as a suspected victim of human trafficking, slavery or slavery - like practices.
Suitable arrangements have been made for the care, safety and welfare of the applicant in Australia for the proposed period of the visa.
If the bridging visa is granted, the applicant will abide by the conditions imposed on it.
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
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.
The applicant continues to be a member of the immediate family of the primary applicant.
Suitable arrangements have been made for the care, safety and welfare of the applicant in Australia for the proposed period of the visa.
If the bridging visa is granted, the applicant will abide by the conditions imposed on it.
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
(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
(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
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.
In any other case, any one or more of conditions 8101, 8401, 8505 and 8506 may be imposed.
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
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
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
The applicant continues to satisfy the criterion set out in clause 070.211.
The Minister is satisfied that, if the bridging visa is granted, the applicant will abide by the conditions to which the visa is subject.
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
The applicant must be in immigration detention when the visa is granted.
070.5--When visa is in effect
Bridging visa:
(a) coming into effect on grant or as soon as the visa is taken to be granted under paragraph 76A(3)(a) or 76AA(2)(b) or (3)(c) of the Act; and
(b) permitting the holder to remain in Australia; and
(c) ceasing at the earliest of the following:
(i) when the Minister gives a written notice to the holder, by one of the methods specified in section 494B of the Act, stating that the Minister is satisfied that the holder's removal from Australia is reasonably practicable;
(ii) when the Minister gives a written notice to the holder, by one of the methods specified in section 494B of the Act, stating that the holder has breached a condition to which the visa is subject;
(iii) when the Minister grants the holder another Bridging R (Class WR) visa under regulation 2.25AB.
070.6--Conditions
(1) If the visa is not a visa that is taken to be granted under paragraph 76AA(2)(b) or (3)(c) of the Act:
(a) conditions 8303, 8513, 8514, 8541, 8542 and 8543 must be imposed; and
(b) condition 8401 must be imposed if condition 8621 is not imposed under subclause 070.612A(1).
(2) If the visa is taken to be granted under paragraph 76AA(2)(b) or (3)(c) of the Act, conditions 8401, 8513, 8514, 8541, 8542, 8543, 8551, 8552, 8553, 8554, 8555, 8556, 8560, 8561, 8562, 8563, 8614 and 8625 must be imposed.
(1) If the visa was granted under regulation 2.25AA or 2.25AB, conditions 8551, 8552, 8553, 8554, 8555, 8556, 8560, 8561, 8562, 8563, 8614, 8616 and 8625 must be imposed, in addition to any other condition imposed by or under another provision of this Division.
(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 other condition imposed by or under another provision of this Division.
(1) If subclause (3) applies to the visa, each of the following conditions must be imposed by the Minister unless the Minister is satisfied that it is not reasonably necessary to impose that condition for the protection of any part of the Australian community (including because of any other conditions imposed by or under another provision of this Division):
(a) 8621;
(b) 8617;
(c) 8618;
(d) 8620.
Note: See regulation 2.25AE for the period for which the visa is subject to these conditions (if imposed).
(2) The Minister must decide whether or not to impose each of the conditions listed in subclause (1) in the order in which those conditions are listed in that subclause.
(2A) Conditions imposed by or under this clause are in addition to any other condition imposed by or under another provision of this Division.
(3) This subclause applies to a visa if:
(a) the visa was granted under regulation 2.25AA and, at the time of grant, there was no real prospect of the removal of the holder from Australia becoming practicable in the reasonably foreseeable future; or
(b) the visa was granted under regulation 2.25AB.
(1) If subclause (4) applies to the visa and the holder has been convicted of an offence involving a minor or any other vulnerable person, conditions 8612, 8615, 8622, 8623 and 8626 must be imposed.
(2) If subclause (4) applies to the visa and the holder has been convicted of an offence involving violence or sexual assault, condition 8624 must be imposed.
(3) Conditions imposed by or under this clause are in addition to any other condition imposed by or under another provision of this Division.
(4) This subclause applies to a visa if:
(a) the visa was granted under regulation 2.25AA and, at the time of grant, there was no real prospect of the removal of the holder from Australia becoming practicable in the reasonably foreseeable future; or
(b) the visa was granted under regulation 2.25AB.
In addition to any other condition imposed by or under 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.
If the visa is not a visa taken to be granted under paragraph 76AA(2)(b) or (3)(c) of the Act, condition 8506 may be imposed in addition to any other condition imposed by or under another provision of this Division.
100.1--Interpretation
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), (4AA)(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
(1) The applicant meets the requirements of subclause (2), (2A), (3), (4), (4AA) 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) is the holder of a Subclass 309 (Partner (Provisional)) visa; and
(b) would meet the requirements of subclause (2) or (2A) except that the sponsoring partner 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 is the holder of a Subclass 309 (Partner (Provisional)) 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) the applicant has entered Australia after making the application; and
(d) either or both of the following has experienced family violence committed by the sponsoring partner:
(i) the applicant;
(ii) a member of the family unit of the sponsoring partner or of the applicant or of both of them.
Note: For special provisions relating to family violence, see Division 1.5.
(4AA) The applicant meets the requirements of this subclause if the applicant:
(a) is the holder of a Subclass 309 (Partner (Provisional)) visa; and
(b) would meet the requirements of subclause (2) or (2A) except that the relationship between the applicant and the sponsoring partner has ceased; and
(c) has:
(i) custody or joint custody of, or access to; or
(ii) a residence order or contact order made under the Family Law Act 1975 relating to;
at least one child in respect of whom the sponsoring partner:
(iii) has been granted joint custody or access by a court; or
(iv) has a residence order or contact order made under the Family Law Act 1975 ; or
(v) has an obligation under a child maintenance order made under the Family Law Act 1975 , or any other formal maintenance obligation.
(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), (4) or (4AA).
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.
(1) Each member of the family unit of, and each person who is dependent on, 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 inister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
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.
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), (4) or (4AA);
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
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
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, or dependent on, 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 of, a member of the family unit of, or dependent on, 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.
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.
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
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
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
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.
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.
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.
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
(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 .
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).
(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
(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.
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.
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.
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.
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
(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 inister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
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
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.
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
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.
The sponsorship referred to in clause 101.312 has been approved by the Minister and is still in force.
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.
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.
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
(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
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
First entry must be made before a date specified by the Minister for the purpose.
Either or both of conditions 8502 and 8515 may be imposed.
102.1--Interpretation
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
(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 section 7 of the Family Law (Bilateral Arrangements--Intercountry Adoption) Regulations 2023 ; 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.
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.
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
The applicant continues to satisfy the criteria in clauses 102.211 and 102.213.
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.
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4020 and 4021.
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.
(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 inister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
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.
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.
(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
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.
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
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.
The sponsorship referred to in clause 102.312 has been approved by the Minister and is still in force.
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4020 and 4021.
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.
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
(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
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
First entry must be made before a date specified by the Minister for the purpose.
Either or both of conditions 8502 and 8515 may be imposed.
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
(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).
(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).
(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).
(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
(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).
(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).
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
(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).
(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 inister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
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.
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
(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).
(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).
(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
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.
(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).
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
(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).
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
103.4--Circumstances applicable to grant
(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
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
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.
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
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.
(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
The applicant continues to satisfy the criterion in clause 114.211.
The sponsorship referred to in clause 114.212 has been approved by the Minister and is still in force.
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019, 4020 and 4021.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
(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 inister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
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
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.
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
The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 114 visa.
The sponsorship referred to in clause 114.312 has been approved by the Minister and is still in force.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
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.
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
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
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
First entry must be made before a date specified by the Minister for the purpose.
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
The applicant is a remaining relative of an Australian relative for the applicant.
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
The applicant continues to satisfy the criterion in clause 115.211.
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.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
(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 inister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
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.
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
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.
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
The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 115 visa.
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.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
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.
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
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
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
First entry must be made before a date specified by the Minister for the purpose.
Either or both of conditions 8502 and 8515 may be imposed.
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
(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.
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
The applicant is a carer of the Australian relative mentioned in clause 116.211.
The sponsorship referred to in clause 116.212 has been approved by the Minister and is still in force.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.
(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 inister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
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.
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
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.
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
The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 116 visa.
The sponsorship referred to in clause 116.312 has been approved by the Minister and is still in force.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.
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
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
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
First entry must be made before a date specified by the Minister for the purpose.
Either or both of conditions 8502 and 8515 may be imposed.
Subclass 117 -- Orphan Relative
117.1--Interpretation
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
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).
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
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.
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.
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021.
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.
(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 inister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
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.
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
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.
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
The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 117 visa.
The sponsorship referred to in clause 117.312 has been approved by the Minister and is still in force.
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021.
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.
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
The applicant must be outside Australia when the visa is granted.
117.5--When visa is in effect
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
First entry must be made before a date specified by the Minister for the purpose.
Either or both of conditions 8502 and 8515 may be imposed.
Subclass 143 -- Contributory Parent
143.1--Interpretation
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
(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).
(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).
(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).
(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
(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).
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).
(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).
(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).
(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).
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.
(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).
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.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
(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).
(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).
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 |
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.
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
(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).
(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).
(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
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.
(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).
(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).
(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).
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.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
(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).
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
143.4--Circumstances applicable to grant
(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.
(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
Permanent visa permitting the holder to travel to and enter Australia for 5 years after the date of grant.
143.6--Conditions
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.
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
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
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.
The applicant is a long residence applicant or a defence service applicant.
151.22--Criteria to be satisfied at time of decision
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.
If the applicant is a long residence applicant who is outside Australia, the applicant also satisfies public interest criterion 4005.
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.
If the applicant is under 18, the applicant also satisfies public interest criteria 4017 and 4018.
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.
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.
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.
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.
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.
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.
If the applicant:
(a) is in Australia; and
(b) has previously been in Australia;
the applicant satisfies special return criteria 5001 and 5002.
If the applicant:
(a) is outside Australia; and
(b) has previously been in Australia;
the applicant satisfies special return criteria 5001, 5002 and 5010.
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
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
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.
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.
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.
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.
If the applicant has not turned 18, the applicant also satisfies public interest criteria 4017 and 4018.
If the applicant:
(a) is in Australia; and
(b) has previously been in Australia;
the applicant satisfies special return criteria 5001 and 5002.
If the applicant:
(a) is outside Australia; and
(b) has previously been in Australia;
the applicant satisfies special return criterion 5001, 5002 and 5010.
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
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
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
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
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
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.
(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
If the applicant is outside Australia, the applicant satisfies special return criterion 5001.
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
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
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 inister.
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
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.
(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.
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
If the applicant is outside Australia, the applicant satisfies special return criterion 5001.
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
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
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
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).
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.
If the applicant could prove that claim, the applicant would satisfy the criteria for the grant of a Subclass 155 or 157 visa.
The Minister is satisfied that the applicant is not an Australian citizen.
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.
(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
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).
There is no evidence that the applicant does not satisfy special return criteria 5001, 5002 and 5010.
The applicant satisfies public interest criterion 4021.
(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
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
(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
The applicant satisfies clause 159.411 or 159.412 (which applies in relation to some former holders of Norfolk Island immigration permits).
The applicant must be outside Australia when the visa is granted.
(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
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.
(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
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.
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
The applicant has overall had a successful business career.
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.
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.
(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 inister is satisfied are of a sufficient net value to settle in Australia.
The applicant is less than 45 years old.
The applicant has vocational English within the meaning given by regulation 1.15B.
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.
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.
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.
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.
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.
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
The applicant continues to satisfy the criteria in clauses 160.211, 160.214, 160.218, 160.219A and 160.219B.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
(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 inister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion.
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.
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
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
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.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
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
(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
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
160.6--Conditions
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.
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
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
The applicant has overall had a successful business career.
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.
(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 inister is satisfied are of a sufficient net value to settle in Australia.
The applicant is less than 45 years old.
The applicant has vocational English within the meaning given by regulation 1.15B.
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.
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.
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.
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.
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
The applicant continues to satisfy the criteria in clauses 161.211, 161.213, 161.216, 161.218 and 161.219.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
(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 inister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion.
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.
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
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
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.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
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
(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
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
161.6--Conditions
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.
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
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
The applicant has demonstrated overall a successful record of eligible investment activity or qualifying business activity.
(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.
The applicant has demonstrated a high level of management skill in relation to an eligible investment or qualifying business activity.
The applicant is less than 45 years old.
The applicant has vocational English within the meaning given by regulation 1.15B.
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.
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.
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.
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
The applicant continues to satisfy the criteria in clauses 162.211, 162.213, 162.216 and 162.218.
(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.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
(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 inister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion.
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.
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
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
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.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
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
(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
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
162.6--Conditions
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.
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
The applicant has overall had a successful business career.
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.
(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.
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.
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.
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.
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.
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.
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
The applicant continues to satisfy the criteria in clauses 163.211, 163.213 and 163.216 to 163.218.
(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.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
(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 inister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion.
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.
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
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
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.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
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
(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
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
163.6--Conditions
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.
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
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
The applicant has overall had a successful business career.
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.
(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.
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.
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.
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.
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.
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
The applicant continues to satisfy the criteria in clauses 164.211, 164.213 and 164.215 to 164.217.
(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.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
(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 inister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion.
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.
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
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
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.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
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
(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
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
164.6--Conditions
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.
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
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
The applicant has demonstrated overall a successful record of eligible investment activity or qualifying business activity.
(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.
The applicant has demonstrated a high level of management skill in relation to the eligible investment or qualifying business activity.
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.
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.
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.
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
The applicant continues to satisfy the criteria in clauses 165.211, 165.213, 165.215 and 165.216.
(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.
(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.
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.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
(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 inister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion.
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.
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
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
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.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
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
(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
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
165.6--Conditions
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.
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
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.
(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.
The applicant satisfies the balance of family test.
173.22--Criteria to be satisfied at time of decision
The applicant continues to satisfy the criterion in clause 173.211.
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.
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.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
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.
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 inister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion.
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.
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
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.
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
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.
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.
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.
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.
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.
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
If the applicant is a contributory parent newborn child, the applicant has undergone any health checks that the Minister considers appropriate.
The applicant satisfies public interest criteria 4020 and 4021.
173.4--Circumstances applicable to grant
(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.
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
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.
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
First entry must be made before a date specified by the Minister for the purpose.
Either or both of conditions 8502 and 8515 may be imposed.
Subclass 186 -- Employer Nomination Scheme
186.1--Interpretation
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.
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.
The position to which the application relates will provide to the applicant the employment referred to in the application for approval.
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.
(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).
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 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, 4003B, 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, 4003B and 4004.
(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.
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 inister in an instrument in writing for this paragraph.
At the time of application, the applicant:
(a) had competent English; or
(b) was a person in a class of persons specified by the inister in an instrument in writing for this paragraph.
(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.
(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.
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.
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 inister in an instrument in writing for this paragraph.
At the time of application, the applicant:
(a) had competent English; or
(b) was a person in a class of persons specified by the inister in an instrument in writing for this paragraph.
(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.
(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.
(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.
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.
(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.
(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.
(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
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.
Any nomination approved in respect of the primary applicant, and mentioned in paragraph 1114B(3)(d) of Schedule 1, includes the applicant.
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.
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 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.
The applicant satisfies special return criteria 5001, 5002 and 5010.
186.4--Circumstances applicable to grant
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
Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
186.6--Conditions
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
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.
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.
The position to which the application relates will provide to the applicant the employment referred to in the application for approval.
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.
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 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, 4003B, 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, 4003B and 4004.
(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.
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 inister in an instrument in writing for this paragraph.
At the time of application, the applicant:
(a) had competent English; or
(b) was a person in a class of persons specified by the inister in an instrument in writing for this paragraph.
(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.
(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.
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.
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 inister in an instrument in writing for this paragraph.
At the time of application, the applicant:
(a) had competent English; or
(b) was a person in a class of persons specified by the inister in an instrument in writing for this paragraph.
(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.
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 inister 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.
(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
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.
Any nomination approved in respect of the primary applicant, and mentioned in paragraph 1114C(3)(d) of Schedule 1, includes the applicant.
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.
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 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.
The applicant satisfies special return criteria 5001, 5002 and 5010.
187.4--Circumstances applicable to grant
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
Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
187.6--Conditions
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
In this Part:
"designated investment" means an investment in a security that is specified for this Part by the Minister under regulation 5.19A.
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.
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.
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.
The nominating State or Territory government agency or the CEO of Austrade has not withdrawn the nomination.
(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).
(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.
(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.
(1) The applicant was invited, in writing, by the inister 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.
(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.
The applicant demonstrates that there is a need for the applicant to be resident in Australia to establish or conduct the proposed business activity.
The applicant has overall had a successful business career.
(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.
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.
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.
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.
(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.
(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.
The applicant demonstrates that there is a need for the applicant to be resident in Australia to operate the main business.
(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).
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.
(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.
(1) The applicant was invited, in writing, by the inister 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.
(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.
(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.
(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.
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.
(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.
(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.
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.
(1) The applicant genuinely has a realistic commitment to continue to maintain business or investment activity in Australia after: