Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] After subregulation 1.12 (9)
insert
(10) In addition to subregulation (1), a person is a member of the family unit of the holder of a Subclass 457 (Business (Long Stay)) visa (the first visa ) if:
(a) the first visa was granted on the basis that the holder satisfied the primary criteria for the grant of that visa; and
(b) the person holds a Subclass 457 visa, or the last substantive visa held by the person was a Subclass 457 visa, granted on the basis that he or she satisfied the requirements of paragraph (1) (b), (c) or (e); and
(c) if the person holds a Subclass 457 visa, or the last substantive visa held by the person was a Subclass 457 visa, granted on the basis that he or she was:
(i) a dependent child of the spouse of the holder of the first visa; or
(ii) a dependent child of a dependent child of the spouse of the holder of the first visa; or
(iii) a relative of the spouse of the holder of the first visa;
the holder of the first visa is still the spouse of the person who was the spouse; and
(d) the person:
(i) has made a valid application for a Temporary Business Entry (Class UC) visa that is current; and
(ii) has not made a valid application for any other class of visa, other than an application that:
(A) has been finally determined (within the meaning of subsection 5 (9) of the Act); or
(B) has been withdrawn; and
(e) the person is under the age of 21; and
(f) the person:
(i) is not the spouse of another person; and
(ii) is not the interdependent partner of another person.
[2] Schedule 2, after clause 457.321
insert
457.321A For clause 457.321, in addition to any other regulation, a person ( person 1 ) is the dependent child of a person who is the interdependent partner of another person ( person 2 ) if:
(a) person 2 holds a Subclass 457 visa that was granted on the basis that person 2 satisfied the primary criteria for grant of the Subclass 457 visa; and
(b) person 1 holds a Subclass 457 visa, or the last substantive visa held by person 1 was a Subclass 457 visa, that was granted on the basis that he or she was a dependent child of the interdependent partner in the circumstances described in paragraph 457.321 (c); and
(c) the interdependent partner and person 2 are still in an interdependent relationship; and
(d) person 1 is under the age of 21; and
(e) person 1:
(i) is not the spouse of another person; and
(ii) is not the interdependent partner of another person.
[3] Schedule 2, paragraph 457.511 (d)
substitute
(d) in the case of a holder:
(i) to whom paragraph (a), (b) or (c) would apply; and
(ii) whose visa was granted on the basis that he or she was a member of the family unit of the holder of a visa in the circumstances described in subregulation 1.12 (10);
to remain in Australia until the earlier of:
(iii) the end of the period in paragraph (a), (b) or (c) that would have applied to the holder; and
(iv) the end of the day before the holder's 21st birthday; and
(e) in the case of a holder:
(i) to whom paragraph (a), (b) or (c) would apply; and
(ii) whose visa was granted on the basis that he or she was a dependent child of the interdependent partner in the circumstances described in clause 457.321A;
to remain in Australia until the earlier of:
(iii) the end of the period in paragraph (a), (b) or (c) that would have applied to the holder; and
(iv) the end of the day before the holder's 21st birthday; and
(f) in any case -- to travel to, and enter, Australia on multiple occasions before the end of the relevant period.