[pic] Migration Regulations 1994 Statutory Rules 1994 No. 268 as amended made under the Migration Act 1958 This compilation was prepared on 28 November 2009 taking into account amendments up to SLI 2009 No. 331 The text of any of those amendments not in force on that date is appended in the Notes section [Note: Regulation 2.12A ceases to be in force at the end of 4 December 2010 - see subsection 91D (4) of the Act] This document has been split into seven volumes Volume 1 contains Parts 1-3 (Rr. 1.01-3.31), Volume 2 contains Parts 4 and 5 (Rr. 4.01-5.44) and Schedule 1, Volume 3 contains Schedule 2 (Subclasses 010-415), Volume 4 contains Schedule 2 (Subclasses 416-801), Volume 5 contains Schedule 2 (Subclasses 802-995), Volume 6 contains Schedules 3-12, and Volume 7 contains the Notes and Tables A and B Each volume has its own Table of Contents Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents Schedule 2 Provisions with respect to the grant of Subclasses of visas 4 Subclass 010 Bridging A 4 Subclass 020 Bridging B 11 Subclass 030 Bridging C 19 Subclass 040 Bridging (Prospective Applicant) 24 Subclass 041 Bridging (Non-applicant) 25 Subclass 050 Bridging (General) 27 Subclass 051 Bridging (Protection Visa Applicant) 46 Subclass 060 Bridging F 51 Subclass 070 Bridging (Removal Pending) 55 Subclass 100 Partner 56 Subclass 101 Child 66 Subclass 102 Adoption 71 Subclass 103 Parent 77 Subclass 105 Skilled - Australian-linked 85 Subclass 106 Regional-linked 89 Subclass 114 Aged Dependent Relative 96 Subclass 115 Remaining Relative 101 Subclass 116 Carer 105 Subclass 117 Orphan Relative 109 Subclass 118 Designated Parent 113 Subclass 119 Regional Sponsored Migration Scheme 118 Subclass 120 Labour Agreement 124 Subclass 121 Employer Nomination 130 Subclass 124 Distinguished Talent 136 Subclass 126 Independent 140 Subclass 132 Business Talent 144 Subclass 134 Skill Matching 149 Subclass 135 State/Territory-nominated Independent 158 Subclass 136 Skilled - Independent 162 Subclass 137 Skilled - State/Territory- nominated Independent 171 Subclass 138 Skilled - Australian-sponsored 183 Subclass 139 Skilled - Designated Area-sponsored 192 Subclass 143 Contributory Parent 201 Subclass 151 Former Resident 214 Subclass 155 Five Year Resident Return 221 Subclass 157 Three Month Resident Return 225 Subclass 159 Provisional Resident Return 228 Subclass 160 Business Owner (Provisional) 230 Subclass 161 Senior Executive (Provisional) 236 Subclass 162 Investor (Provisional) 241 Subclass 163 State/Territory Sponsored Business Owner (Provisional) 247 Subclass 164 State/Territory Sponsored Senior Executive (Provisional) 253 Subclass 165 State/Territory Sponsored Investor (Provisional) 258 Subclass 173 Contributory Parent (Temporary) 264 Subclass 175 Skilled - Independent 272 Subclass 176 Skilled - Sponsored 277 Subclass 200 Refugee 283 Subclass 201 In-country Special Humanitarian 288 Subclass 202 Global Special Humanitarian 294 Subclass 203 Emergency Rescue 300 Subclass 204 Woman at Risk 304 Subclass 300 Prospective Marriage 310 Subclass 302 Emergency (Permanent Visa Applicant) 316 Subclass 303 Emergency (Temporary Visa Applicant) 320 Subclass 309 Partner (Provisional) 325 Subclass 405 Investor Retirement 332 Subclass 406 Government Agreement 341 Subclass 410 Retirement 348 Subclass 411 Exchange 353 Subclass 415 Foreign Government Agency 359 Schedule 2 Provisions with respect to the grant of Subclasses of visas Subclass 010 Bridging A 010.1 Interpretation 010.111 In this Part: review authority includes the Administrative Appeals Tribunal. Note Compelling need to work and criminal detention are defined in regulation 1.03. For eligible non-citizen see regulation 2.20. 010.2 Primary criteria Note All applicants must satisfy the primary criteria. 010.21 Criteria to be satisfied at the time of application 010.211 (1) The applicant meets the requirements of subclause (2), (3), (4), (5) or (6). (2) An applicant meets the requirements of this subclause if: (a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and (b) that application has not been finally determined; and (c) he or she held a substantive visa at the time that application was made; and (d) either: (i) he or she has applied for a bridging visa in respect of that application; or (ii) a bridging visa can be granted in respect of that application under regulation 2.21B. (3) An applicant meets the requirements of this subclause if: (a) the applicant: (i) has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and (ii) held a substantive visa when he or she made the application; and (aa) that application was refused; and (b) either: (i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant's substantive visa application; or (ii) the applicant: (A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and (B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and (c) at the time of that application, he or she held a Bridging A (Class WA) or Bridging B (Class WB) visa; and (d) the judicial review proceedings (including proceedings on appeal, if any) are not completed. (4) An applicant meets the requirements of this subclause if: (a) the applicant: (i) holds a Bridging A (Class WA) or Bridging B (Class WB) visa that: (A) was granted as a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted if the applicant was in Australia; and (B) is subject to conditions 8101, 8102, 8103, 8104, 8105, 8107, 8108, 8111, 8112 or 8547; 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 (Class AZ) or Protection (Class XA) 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: (i) a Spouse (Migrant) (Class BC) visa; or (ii) an Interdependency (Migrant) (Class BI) visa; or (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: (i) a Spouse (Migrant) (Class BC) visa; or (ii) an Interdependency (Migrant) (Class BI) visa; or (iii) a Partner (Migrant) (Class BC) visa; or (iv) an Aged Parent (Residence) (Class BP) visa; or (v) a Contributory Aged Parent (Residence) (Class DG) visa; or (vi) a Contributory Aged Parent (Temporary) (Class UU) visa; and (b) that application was refused; and (c) either: (i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant's substantive visa application as the holder of a Bridging A (Class WA) or Bridging B (Class WB) visa; or (ii) the applicant: (A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and (B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and (d) the judicial review proceedings (including proceedings on appeal, if any) are not completed; and (e) the applicant holds, or has previously held, a Bridging A (Class WA) visa granted under regulation 2.21A in respect of the visa referred to in paragraph (a). 010.22 Criteria to be satisfied at the time of decision 010.221 The applicant continues to satisfy the criterion set out in clause 010.211. 010.3 Secondary criteria: Nil. Note All applicants must satisfy the primary criteria. 010.4 Circumstances applicable to grant 010.411 The applicant must be in Australia, but not in immigration clearance. Note 1 The applicant must be an eligible non-citizen at the time of grant: see Act, s 73. Note 2 The Minister must grant a Bridging A (Class WA) visa in the circumstances set out in regulation 2.21A. 010.5 When visa is in effect 010.511 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 - 28 days after the holder is notified of that refusal; or (iii) if the substantive visa application is refused and the holder applies for merits review of that refusal - 28 days after notification of the decision of: (A) the review authority; or (B) if the holder has the right to apply to another review authority for merits review of the decision of that review authority and so applies - 28 days after notification of the decision of that other review authority; 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 a review authority - 28 days after that withdrawal; or (vi) if the substantive visa (if any) held by the holder is cancelled - that cancellation; or (vii) if the holder is notified by Immigration that the substantive visa application is invalid - 28 days after the notification; or (viii) if a review authority remits the application for the substantive visa to the Minister for reconsideration - permitting the holder of the bridging visa to remain in Australia in accordance with the relevant provision of this paragraph. 010.513 In the case of a visa granted to a non-citizen on the basis of judicial review of a decision - bridging visa: (a) coming into effect: (i) on grant; or (ii) when the substantive visa (if any) held by the holder ceases; and (b) permitting the holder to remain in Australia until: (i) subject to paragraph (c), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or (ii) the grant of another bridging visa to the holder in respect of the same application for judicial review; or (iii) if the holder withdraws his or her application for judicial review - 28 days after that withdrawal; or (iv) if the substantive visa (if any) held by the holder is cancelled - that cancellation; and (c) if a court remits a matter to which the judicial review proceedings relate to a review authority, or to the Minister, for reconsideration - permitting the holder to remain in Australia in accordance with the relevant provision of paragraph 010.511 (b). 010.514 In the case of a visa granted to a non-citizen on the basis that the non-citizen is a member of the family unit of a party to judicial review proceedings - bridging visa: (a) coming into effect: (i) on grant; or (ii) when the substantive visa (if any) held by the holder ceases; and (b) permitting the holder to remain in Australia until the expiry of the bridging visa held by the party to the judicial review proceedings. 010.6 Conditions 010.611 (1) In the case of a visa granted to a non-citizen who: (a) satisfies the criterion in subclause 010.211 (4); or (b) is an applicant for a Protection (Class AZ) or Protection (Class XA) visa who: (i) is not a person described in subclause (2); or (ii) satisfies the criterion in subclause 010.211 (2); or (c) is a person in a class of persons specified by the Minister by an instrument in writing for this paragraph; Nil. (2) In the case of a visa granted to a non-citizen who: (a) applies for a Protection (Class AZ) or Protection (Class XA) 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) a Graduate - Skilled (Temporary) (Class UQ) visa; or (d) a Skilled - Independent Regional (Provisional) (Class UX) visa in relation to which the applicant met the requirements for subitem 1218A (5) of Schedule 1; or (e) a Skilled (Provisional) (Class VC) visa in relation to which the applicant met the requirements for subitem 1229 (4) of Schedule 1; 8501. (3B) 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) a Skilled - Independent Overseas Student (Class DD) visa; or (b) a Skilled - Australian-sponsored Overseas Student (Class DE) visa; or (c) a Skilled (Residence) (Class VB) visa in relation to which the applicant met the requirements for subitem 1136 (4), (5) or (6) of Schedule 1; Nil. (4) In any other case: whichever of conditions 8101, 8102, 8103, 8104, 8105, 8107, 8108, 8111, 8112, 8114, 8539, 8547 and 8549 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. 010.7 Way of giving evidence 010.711 No evidence need be given. 010.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 020 Bridging B Interpretation 020.111 In this Part: review authority includes the Administrative Appeals Tribunal. Note Compelling need to work and criminal detention are defined in regulation 1.03. For eligible non-citizen see regulation 2.20. 020.2 Primary criteria Note All applicants must satisfy the primary criteria. 020.21 Criteria to be satisfied at the time of application 020.211 The applicant is the holder of: (a) a Bridging A (Class WA) visa; or (b) a Bridging B (Class WB) visa. 020.212 (1) The applicant meets the requirements of subclause (2), (3), (4) or (5). (2) An applicant meets the requirements of this subclause if: (a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and (b) that application has not been finally determined; and (c) the applicant wishes to leave and re-enter Australia during the processing of that application; and (d) the Minister is satisfied that the applicant's reasons for wishing to do so are substantial. (3) An applicant meets the requirements of this subclause if: (a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and (b) that application was refused; and (c) either: (i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant's substantive visa application, and the judicial review proceedings (including proceedings on appeal, if any) have not been completed; or (ii) the applicant: (A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and (B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and (d) the applicant wishes to leave and re-enter Australia during the judicial proceedings; and (e) the Minister is satisfied that the applicant's reasons for wishing to do so are substantial. (4) An applicant meets the requirements of this subclause if: (a) the applicant has made a valid application for a Spouse (Migrant) (Class BC) visa, an Interdependency (Migrant) (Class BI) visa or 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 Spouse (Migrant) (Class BC) visa, an Interdependency (Migrant) (Class BI) visa or a Partner (Migrant) (Class BC) visa; and (b) that application was refused; and (c) either: (i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant's substantive visa application; or (ii) the applicant: (A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and (B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and (d) the judicial review proceedings (including proceedings on appeal, if any) are not completed; and (e) the applicant wishes to leave and re-enter Australia during those proceedings; and (f) the Minister is satisfied that the applicant's reasons for wishing to do so are substantial. 020.213 The applicant's return to Australia would not be contrary to the public interest. 020.22 Criteria to be satisfied at the time of decision 020.221 The applicant continues to satisfy the criteria set out in clauses 020.211 and 020.212. 020.222 If the applicant meets the requirements of subclause 020.212 (2) or (3) on the basis of a valid application for a Graduate - Skilled (Temporary) (Class UQ) visa, the applicant wishes to leave and re-enter Australia because: (a) a close relative of the applicant is seriously ill, or has recently died, overseas; or (b) the applicant's Australian employer requires the applicant to travel overseas in the course of the applicant's employment. Note close relative is defined in regulation 1.03. 020.223 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. 020.3 Secondary criteria: Nil. Note All applicants must satisfy the primary criteria. 020.4 Circumstances applicable to grant 020.411 The applicant must be in Australia, but not in immigration clearance. Note The applicant must be an eligible non-citizen at the time of grant: see the Act, s 73. 020.5 When visa is in effect 020.511 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 - 28 days after the holder is notified of that refusal; or (iii) if the substantive visa application is refused and the holder applies for merits review of that refusal - 28 days after notification of the decision of: (A) the review authority; or (B) if the holder has the right to apply to another review authority for merits review of the decision of that review authority and so applies - 28 days after notification of the decision of that other review authority; or (iv) if the holder withdraws his or her application for a substantive visa or an application to a review authority - 28 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 holder is notified by Immigration that the substantive visa application is invalid - 28 days after the notification; or (viii) if a review authority remits the application for the substantive visa to the Minister for reconsideration - permitting the holder of the bridging visa to remain in Australia in accordance with the relevant provision of this paragraph; and (c) permitting the holder to travel to and enter Australia until the time set by paragraph (b), unless the Minister has specified an earlier time for the purpose. 020.512 In the case of a visa granted to a non-citizen on the basis of judicial review of a decision - bridging visa: (a) coming into effect: (i) on grant; or (ii) when the substantive visa (if any) held by the holder ceases; and (b) permitting the holder to remain in Australia until: (i) subject to paragraph (ba), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or (ii) if the holder withdraws his or her application for judicial review - 28 days after that withdrawal; or (iii) the grant of another bridging visa in respect of the same application for judicial review; or (iv) if the substantive visa (if any) held by the holder is cancelled - that cancellation; and (ba) if a court remits a matter to which the judicial review proceedings relate to a review authority, or to the Minister, for reconsideration - permitting the holder to remain in Australia in accordance with the relevant provision of paragraph 020.511 (b); and (c) permitting the holder to travel to and enter Australia until the time set by paragraph (b), unless the Minister has specified an earlier time for the purpose. 020.513 In the case of a visa granted to a non-citizen on the basis that the non-citizen is a member of the family unit of a party to judicial review proceedings - bridging visa: (a) coming into effect: (i) on grant; or (ii) when the substantive visa (if any) held by the holder ceases; and (b) permitting the holder to remain in Australia until the expiry of the bridging visa held by the party to the judicial review proceedings. 020.6 Conditions 020.611 (1) In the case of a visa granted to a non-citizen who is either: (a) an applicant for a Protection (Class AZ) or Protection (Class XA) visa who: (i) is not a person described in subclause (2) or (2A); or (ii) satisfies the criterion in subclause 020.212 (2); or (b) a person in a class of persons specified by the Minister by an instrument in writing for this paragraph; Nil. (2) In the case of a visa granted to a non-citizen who: (a) applies for a Protection (Class AZ) or Protection (Class XA) 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. (2A) In the case of a visa granted to a person who is an applicant for a Subclass 462 (Work and Holiday) visa, condition 8540. (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) a Graduate - Skilled (Temporary) (Class UQ) visa; or (b) a Skilled - Independent Regional (Provisional) (Class UX) visa in relation to which the applicant met the requirements for subitem 1218A (5) of Schedule 1; or (c) a Skilled (Provisional) (Class VC) visa in relation to which the applicant met the requirements for subitem 1229 (4) of Schedule 1; 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 Skilled - Independent Overseas Student (Class DD) visa; or (b) a Skilled - Australian-sponsored Overseas Student (Class DE) visa; or (c) a Skilled (Residence) (Class VB) visa in relation to which the applicant met the requirements for subitem 1136 (4), (5) or (6) of Schedule 1; Nil. (5) In any other case - whichever of conditions 8101, 8102, 8103, 8104, 8105, 8107, 8108, 8111, 8112, 8114, 8539, 8547 and 8549 applies to the bridging visa held by the holder at the time of application. 020.7 Way of giving evidence 020.711 No evidence need be given. 020.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 030 Bridging C 030.1 Interpretation 030.111 In this Part: review authority includes the Administrative Appeals Tribunal. Note Criminal detention and compelling need to work are defined in regulation 1.03. For eligible non-citizen see regulation 2.20. 030.2 Primary criteria Note All applicants must satisfy the primary criteria. 030.21 Criteria to be satisfied at time of application 030.211 The applicant does not hold a Bridging E (Class WE) visa and has not held such a visa since last holding a substantive visa. 030.212 (1) The applicant meets the requirements of subclause (2), (2A), (3) or (5). (2) An applicant meets the requirements of this subclause if: (a) the applicant is not the holder of a substantive visa; and (b) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and (ba) either: (i) the bridging visa can be granted in respect of that application under regulation 2.21B; or (ii) that application was made at the same time, and on the same form, as the bridging visa application; and (c) that application has not been finally determined. (2A) An applicant meets the requirements of this subclause if: (a) he or she is not the holder of a substantive visa; and (b) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and (c) that application has not been finally determined; and (d) he or she has previously been granted a Bridging C (Class WC) visa in respect of that application. (3) An applicant meets the requirements of this subclause if: (a) the applicant holds a Bridging C (Class WC) visa that: (i) was granted as a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted to an applicant who was in Australia; and (ii) is subject to condition 8101; and (b) the Minister is satisfied that the applicant has a compelling need to work. (5) An applicant meets the requirements of this subclause if: (a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and (aa) that application was refused; and (b) either: (i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant's substantive visa application; or (ii) the applicant: (A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and (B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and (c) at the time of that application, he or she held a Bridging C (Class WC) visa; and (d) the judicial review proceedings (including proceedings on appeal, if any) are not completed. 030.22 Criteria to be satisfied at the time of decision 030.221 The applicant continues to satisfy the criteria in clauses 030.211 to 030.212. 030.3 Secondary criteria: Nil. Note All applicants must satisfy the primary criteria. 030.4 Circumstances applicable to grant 030.411 The applicant must be in Australia, but not in immigration clearance. Note The applicant must be an eligible non-citizen at the time of grant: see the Act, s 73. 030.5 When visa is in effect 030.511 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 - 28 days after the holder is notified of that refusal; or (iii) if the substantive visa application is refused and the holder applies for merits review of that refusal - 28 days after notification of the decision of: (A) the review authority; or (B) if the holder has the right to apply to another review authority for merits review of the decision of that review authority and so applies - 28 days after notification of the decision of that other review authority; 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 a review authority - 28 days after that withdrawal; or (vi) if the holder is notified by Immigration that the substantive visa application is invalid - 28 days after the notification; or (vii) if a review authority remits the application for the substantive visa to the Minister for reconsideration - permitting the holder of the bridging visa to remain in Australia in accordance with the relevant provision of this paragraph; or (viii) if the substantive visa (if any) held by the holder is cancelled - that cancellation. 030.512 In the case of a visa granted to a non-citizen on the basis of judicial review of a decision - bridging visa: (a) coming into effect: (i) on grant; or (ii) when the substantive visa (if any) held by the holder ceases; and (b) permitting the holder to remain in Australia until: (i) subject to paragraph (c), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or (ii) if the holder withdraws his or her application for judicial review - 28 days after that withdrawal; or (iii) the grant of another bridging visa to the holder in respect of the same application for judicial review; or (iv) if the substantive visa (if any) held by the holder is cancelled - that cancellation; and (c) if a court remits a matter to which the judicial review proceedings relate to a review authority, or to the Minister, for reconsideration - permitting the holder to remain in Australia in accordance with the relevant provision of paragraph 030.511 (b). 030.513 In the case of a visa granted to a non-citizen on the basis that the non-citizen is a member of the family unit of a party to judicial review proceedings - bridging visa: (a) coming into effect: (i) on grant; or (ii) when the substantive visa (if any) held by the holder ceases; and (b) permitting the holder to remain in Australia until the expiry of the bridging visa held by the party to the judicial review proceedings. 030.6 Conditions 030.611 In the case of a visa granted to an applicant who meets the requirements of subclause 030.212 (3): Nil. 030.612 In the case of a visa granted to a non-citizen who: (a) applies for a Protection (Class AZ) or Protection (Class XA) visa; and (b) meets the requirements of subclause 030.212 (5); condition 8101 if that condition applied to the last visa held by the holder. 030.613 In any other case: condition 8101. 030.7 Way of giving evidence 030.711 No evidence need be given. 030.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 040 Bridging (Prospective Applicant) 040.1 Interpretation Note Criminal detention is defined in regulation 1.03. For eligible non-citizen see regulation 2.20. No interpretation provisions specific to this Part. 040.2 Primary criteria Note All applicants must satisfy the primary criteria. 040.21 Criteria to be satisfied at time of application Note In circumstances set out in regulation 2.22, a non-citizen is taken under that regulation to have applied for a Bridging D (Class WD) visa. 040.211 The applicant is: (a) an unlawful non-citizen; or (b) the holder of a visa that will cease within the next 3 working days after the day of application. 040.213 The Minister is satisfied that the applicant: (a) has attempted to make, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia and is unable to do so; and (b) will, within 5 working days, be able to make, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia. 040.214 The applicant has not previously been granted 2 bridging visas of Subclass 040 since he or she last held a substantive visa. 040.22 Criteria to be satisfied at time of decision 040.221 The applicant continues to satisfy the criteria set out in subdivision 040.21. 040.3 Secondary criteria: Nil. Note All applicants must satisfy the primary criteria. 040.4 Circumstances applicable to grant 040.411 The applicant must be in Australia but not in immigration clearance. Note The applicant must be an eligible non-citizen at the time of grant: see the Act, s 73. 040.51 When visa is in effect 040.511 Bridging visa coming into effect: (a) on grant; or (b) when the substantive visa (if any) held by the holder ceases; and remaining in effect for 5 working days after date of grant. 040.6 Conditions 040.611 Condition 8101. 040.7 Way of giving evidence 040.711 No evidence is to be given. Subclass 041 Bridging (Non-applicant) 041.1 Interpretation Note Criminal detention is defined in regulation 1.03. For eligible non-citizen see regulation 2.20. No interpretation provisions specific to this Part. 041.2 Primary criteria Note All applicants must satisfy the primary criteria. 041.21 Criteria to be satisfied at time of application 041.211 The applicant is an unlawful non-citizen. 041.212 The applicant is unable, or does not want, to apply for a substantive visa. 041.213 An officer who is an authorised officer for the purposes of clause 050.222 is not available to interview the applicant. 041.22 Criteria to be satisfied at time of decision 041.221 The applicant continues to satisfy the criteria in Subdivision 041.21. 041.3 Secondary criteria: Nil. Note All applicants must satisfy the primary criteria. 041.4 Circumstances applicable to grant 041.411 The applicant must be in Australia, but not in immigration clearance. Note The applicant must be an eligible non-citizen at the time of grant: see the Act, s 73. 041.51 When visa is in effect 041.511 Bridging visa coming into effect upon grant and remaining in effect until: (a) the end of the fifth working day after the date of grant; or (b) if the applicant is granted a Subclass 050 (Bridging (General)) visa before the end of that day - the date of grant of the Subclass 050 (Bridging (General)) visa. 041.6 Conditions 041.611 Conditions 8101 and 8401. 041.7 Way of giving evidence 041.711 No evidence is to be given. Subclass 050 Bridging (General) 050.1 Interpretation 050.111 In this Part: review authority includes the Administrative Appeals Tribunal. Note Compelling need to work and criminal detention are defined in regulation 1.03. For eligible non-citizen see regulation 2.20. 050.2 Primary criteria Note All applicants must satisfy the primary criteria. 050.21 Criteria to be satisfied at time of application 050.211 (1) The applicant is: (a) an unlawful non-citizen; or (b) the holder of a Bridging E (Class WE) visa; or (c) the holder of a Subclass 041 (Bridging (Non-applicant)) visa. (2) The applicant is not an eligible non-citizen of the kind set out in subregulation 2.20 (7), (8), (9), (10) or (11). 050.212 (1) The applicant meets the requirements of subclause (2), (3), (3A), (4), (4AAA), (4AA), (4AB), (5), (5A), (5B), (6), (6AA), (6A), (6B), (7), (8) or (9). (2) An applicant meets the requirements of this subclause if the Minister is satisfied that the applicant is making, or is the subject of, acceptable arrangements to depart Australia. (3) An applicant meets the requirements of this subclause if: (a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia and that application has not been finally determined; or (b) the Minister is satisfied that the applicant will apply, in Australia, within a period allowed by the Minister for the purpose, for a substantive visa of a kind that can be granted if the applicant is in Australia. (3A) An applicant meets the requirements of this subclause if: (a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and (b) either: (i) the applicant has applied for judicial review of a decision to refuse to grant the visa and the judicial proceedings (including any proceedings on appeal) have not been completed; or (ii) the Minister has applied for judicial review of a decision in relation to a refusal to grant the applicant's substantive visa, and the judicial review proceedings (including any proceedings on appeal) have not been completed. (4) An applicant meets the requirements of this subclause if: (a) the applicant has applied for judicial review of a decision in relation to a substantive visa, other than a decision to refuse to grant a visa; or (aa) the Minister has applied for judicial review of a decision in relation to the applicant's substantive visa application, other than a decision relating to a refusal to grant the substantive visa; or (b) the applicant has applied for merits review of a decision to cancel a visa; or (ba) the applicant has applied under section 137K of the Act for revocation of the cancellation of a visa; or (bb) the applicant has applied for merits review of a decision under section 137L of the Act not to revoke the cancellation of a visa; or (c) the Minister is satisfied that the applicant will make an application of a kind referred to in paragraph (b), (ba) or (bb); or (d) the applicant has applied for judicial review of the validity of a law that affects: (i) the applicant's eligibility to apply for a substantive visa; or (ii) the applicant's entitlement to be granted or to continue to hold a substantive visa. (4AAA) An applicant meets the requirements of this subclause if the applicant has applied for: (a) a declaration from a court that the Act does not apply to the applicant; or (b) judicial review or merits review of a decision made in relation to the applicant under the Australian Citizenship Act 1948 or 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 Order 16 Rule 12 of the High Court Rules. (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, 391, 417 or 454 of the Act. (6) An applicant meets the requirements of this subclause if: (a) the applicant is the subject of: (i) a decision in relation to an application made in Australia for a visa; or (ii) a decision to cancel a visa; and (b) in relation to the decision mentioned in paragraph (a), the applicant: (i) is the subject of a decision for which the Minister has the power to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; and (ii) has made a request to the Minister to substitute a more favourable decision under section 345, 351, 391, 417 or 454 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, 391, 417 or 454 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, 391, 417 or 454 of the Act, to substitute a more favourable decision for the decision of a review authority 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, 391, 417 or 454 of the Act, to substitute a more favourable decision for the decision of a review authority 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, 391, 417 or 454 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, 391, 417 or 454 of the Act; and (d) the Minister has not yet made a decision to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act. (7) An applicant meets the requirements of this subclause if he or she: (a) is in criminal detention; and (b) if he or she has been sentenced to imprisonment or periodic detention, has actually served a period of imprisonment; and (c) no criminal justice stay certificate or criminal justice stay warrant about the non-citizen 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 (Class AZ) visa in the period from 1 July 1997 to the end of 19 October 1999, or for a Protection (Class XA) visa on or after 20 October 1999 - 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 Spouse (Migrant) (Class BC) visa, an Interdependency (Migrant) (Class BI) visa or a Partner (Migrant) (Class BC) visa; and (b) that application was refused; and (c) either: (i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant's substantive visa application; or (ii) the applicant: (A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and (B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and the applicant or family unit member does not satisfy the criterion in paragraph 010.211 (6) (c) for the grant of a Bridging A (Class WA) visa; and (d) the judicial review proceedings (including proceedings on appeal, if any) are not completed. 050.22 Criteria to be satisfied at time of decision 050.221 The applicant continues to satisfy the criteria set out in clauses 050.211 and 050.212. 050.222 (1) Unless subclause (2), (3) or (4) 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. 050.223 The Minister is satisfied that, if a bridging visa is granted to the applicant, the applicant will abide by the conditions (if any) imposed on it. 050.224 If an authorised officer has required a security for compliance with any conditions that the officer has indicated to the applicant will be imposed on the visa if it is granted, the security has been lodged. 050.3 Secondary criteria: Nil. Note All applicants must satisfy the primary criteria. 050.4 Circumstances applicable to grant 050.411 The applicant must be in Australia but not in immigration clearance. Note The applicant must be an eligible non-citizen at the time of grant: see the Act, s 73. 050.5 When visa is in effect 050.511 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 - 28 days after the holder is notified of that refusal; or (iii) if the substantive visa application is refused and the holder applies for merits review of that refusal - 28 days after notification of the decision of: (A) the review authority; or (B) if the holder has the right to apply to another review authority for merits review of the decision of that review authority and so applies - that other review authority; or (iv) if the holder withdraws his or her application for a substantive visa or an application to a review authority - 28 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 holder is notified by Immigration that the substantive visa application is invalid - 28 days after the notification; or (vii) if a review authority remits the application for the substantive visa to the Minister for reconsideration - permitting the holder of the bridging visa to remain in Australia in accordance with the relevant provision of this paragraph. 050.511A In the case of a visa granted to a non-citizen on the basis that the non-citizen is a member of the family unit of a party to judicial review proceedings - bridging visa: (a) coming into effect on grant; and (b) permitting the holder to remain in Australia until the bridging visa held by the party to the judicial review proceedings ceases to be in effect. 050.511B In the case of a visa granted to a non-citizen on the basis that the non-citizen is a person who has applied for a declaration mentioned in paragraph 050.212 (4AAA) (a) - bridging visa: (a) coming into effect on grant; and (b) permitting the holder to remain in Australia until 28 days after the proceedings for the declaration are completed. 050.511C 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 1948 or 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 28 days after the latest of the following: (i) the day the judicial review proceedings are completed; (ii) if the court remits the matter to the Minister or a review authority for reconsideration - the day the non-citizen is notified of the decision of the Minister or review authority; (iii) if the non-citizen withdraws his or her application for judicial review - 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 - the day the non-citizen withdraws or is struck out. 050.511D In the case of a visa granted to a non-citizen on the basis that the non-citizen has applied for merits review of a decision under the Australian Citizenship Act 1948 or 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 28 days after the latest of the following: (i) the day the non-citizen is notified of the merits review decision; (ii) if a review authority remits the matter to the Minister for reconsideration - the day the non- citizen is notified of the Minister's decision; (iii) if the non-citizen withdraws his or her application for merits review - the day the application is withdrawn. Note Merits review of certain decisions made under the Australian Citizenship Act 1948 or the Australian Citizenship Act 2007 is available under the Administrative Appeals Tribunal Act 1975 (the AAT Act). Regulation 18A of the Administrative Appeals Tribunal Regulations 1976 provides for service of documents under the AAT Act for notification of decisions and other matters. 050.511E In the case of a visa granted to a non-citizen on the basis that the non-citizen is a person to whom subclause 050.212 (4AB) applies - bridging visa: (a) coming into effect on grant; and (b) permitting the holder to remain in Australia until the bridging visa held by the person who meets the requirements of subclause 050.212 (4AAA) ceases to be in effect. 050.512 In the case of a visa granted to a non-citizen (other than a non-citizen to whom subclause 050.222 (3) applies) to whom paragraph 050.212 (3A) (b), paragraph 050.212 (4) (a) 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 a review authority, or to the Minister, for reconsideration - permitting the holder to remain in Australia in accordance with the relevant provision of paragraph 050.511 (b), clause 050.513 or clause 050.513B. 050.513 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 merits review of a decision to cancel a visa - visa coming into effect on grant permitting the holder to remain in Australia until: (a) 28 days after notification of the review 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 - 28 days after that withdrawal. 050.513A In the case of a visa granted to a non-citizen (other than a non-citizen to whom subclause 050.222 (3) applies) who has applied under section 137K of the Act for revocation of the cancellation of a visa - bridging visa: (a) coming into effect on grant; and (b) permitting the holder to stay in Australia until: (i) 7 working days after the holder is notified of the decision 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 - 7 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 clause 050.513B. 050.513B 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 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) 28 days after the holder is notified of the review 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 - 28 days after that withdrawal. 050.514 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 for review of that cancellation decision - visa coming into effect on grant permitting the holder to remain in Australia until: (a) 28 days after notification of the review 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 - 28 days after that withdrawal. 050.514AA In the case of a visa granted to a non-citizen (other than a non-citizen to whom subclause 050.222 (3) applies) to whom subsection 140 (1), (2) or (3) of the Act applies, if the person whose visa was cancelled under section 137J of the Act has applied under section 137K of the Act for revocation of the cancellation - bridging visa: (a) coming into effect on grant; and (b) permitting the holder to stay in Australia until: (i) 7 working days after the person whose visa was cancelled under section 137J of the Act is notified of the decision 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 - 7 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 clause 050.514AB. 050.514AB 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 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) 28 days after the person whose visa was cancelled under section 137J of the Act is notified of the review 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 - 28 days after that withdrawal. 050.514A In the case of a visa granted to a non-citizen to whom subclause 050.222 (3) applies - bridging visa: (a) coming into effect on grant; and (b) permitting the holder to remain in Australia for 5 working days from date of grant. 050.515 (1) In the case of a visa granted, or taken to have been granted, to a non-citizen who is in criminal detention - visa coming into effect on grant and ceasing on: (a) the non-citizen's unconditional release from criminal detention; or (b) the non-citizen's release on bail; or (c) if the non-citizen is in prison: (i) the non-citizen's completing a sentence of imprisonment; or (ii) subject to subclause (2), the non-citizen's release on parole; or (iv) the non-citizen's escaping from prison; or (ca) subject to subclause (2), in the case of a non-citizen who is subject to an order for periodic detention - the completion of the period of periodic detention imposed by that order; or (d) the signing of a deportation order against the non- citizen; or (e) the grant of another visa to the holder; or (f) if the non-citizen is subject to an order for periodic detention - the non-citizen's breaching a condition of that order. (2) Subparagraph (1) (c) (ii) and paragraph (1) (ca) apply only in the case of a non-citizen who has actually served a part of a term of imprisonment. 050.516 In the case of a visa that is taken to have been granted by operation of section 75 of the Act (which deals with applications for bridging visas which the Minister does not decide within a short period) - visa coming into effect on grant permitting the applicant to remain in Australia for: (a) 5 working days from date of grant; or (b) if the Minister is satisfied, within 5 days from the date of grant, that the visa holder has made acceptable arrangements to depart Australia within 14 days from the date of grant - 14 days from the date of grant. 050.517 In any other case - visa coming into effect on grant and ceasing on a date specified by the Minister for the purpose. 050.6 Conditions 050.611 In the case of a visa granted to a non-citizen who: (a) either: (i) applied for a substantive visa at the same time and on the same form as he or she applied for the bridging visa; or (ii) applied for a substantive visa in respect of which the bridging visa is granted under regulation 2.21B; and (b) is not in immigration detention; and (c) held a Bridging E (Class WE) visa at the time when he or she made the application for the substantive visa; whichever of conditions 8101, 8104, 8201, 8207, 8401, 8402, 8505, 8506 and 8548 apply to that bridging visa. 050.611B In the case of a visa granted to an unlawful non-citizen to whom subclause 050.222 (3) applies: (a) condition 8401 must be imposed; and (b) any 1 or more of conditions 8101, 8104, 8201, 8207, 8505, 8506 and 8548 may be imposed. 050.612 In the case of a visa that is taken to have been granted by operation of section 75 of the Act - conditions 8101, 8201, 8402, 8506, 8509 and 8548. 050.612A (1) This clause applies to a visa that is granted to an applicant who: (a) 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) does not meet the requirements of subclause 050.212 (5B), (6) or (6A). (2) Condition 8101 must be imposed. (3) Any 1 or more of conditions 8201, 8207, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed. 050.612B In the case of a visa granted to an applicant who meets the requirements of subclause 050.212 (4AAA) or (4AB): Nil. 050.613 In the case of a visa granted to an applicant (whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply) who meets the requirements of subclause 050.212 (6A) or (8) - any 1 or more of conditions 8201, 8207, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed. 050.613A (1) In the case of a visa granted to an applicant (whether or not the applicant is an applicant to which any other clause in this Division applies) who: (a) applies for: (i) a Protection (Class AZ) visa in the period from 1 July 1997 to the end of 19 October 1999; or (ii) a Protection (Class XA) visa on or after 20 October 1999; or (b) is not in a class of persons specified by the Minister by instrument in writing for this paragraph; Condition 8101. (2) If the applicant is an applicant to whom subclause (1) applies, any 1 or more of conditions 8201, 8207, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed. 050.614 (1) In the case of a visa granted to an applicant who: (a) is: (i) an applicant for a Protection (Class AZ) visa in the period starting on 1 July 1997 and ending at the end of 19 October 1999; or (ii) an applicant for a Protection (Class XA) visa on or after 20 October 1999; and (b) meets the requirements of subclause 050.212 (3A), (4), (4AA) or (4A); 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, 8403, 8505, 8506, 8507, 8508, 8509, 8510, 8511, 8512 and 8548 may be imposed. 050.615 (1) In the case of a visa granted to an applicant who: (a) meets the requirements of subclause 050.212 (5B) or (6); and (b) was not an unlawful non-citizen after the application for a substantive visa was finally determined up until the time of the request for the Minister: (i) to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; or (ii) to make a determination under section 48B of the Act; condition 8101, if that condition applied to the last visa held by the holder. (2) Any 1 or more of conditions 8201, 8207, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed. 050.615A (1) In the case of a visa granted to an applicant who: (a) meets the requirements of subclause 050.212 (5B) or (6); and (b) was an unlawful non-citizen for all or part of the period after the application for a substantive visa was finally determined until the time of the request for the Minister: (i) to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; or (ii) to make a determination under section 48B of the Act; condition 8101. (2) Any 1 or more of conditions 8201, 8207, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed. 050.616 (1) In the case of a visa granted to an applicant (whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply) who meets the requirements of subclause 050.212 (6B) - condition 8101, if that condition applied to the last visa held by the holder. (2) Any 1 or more of conditions 8104, 8201, 8207, 8401, 8402, 8403, 8505, 8506, 8507, 8508, 8509, 8510, 8511, 8512 and 8548 may be imposed. 050.617 In any other case - any 1 or more of conditions 8101, 8104, 8201, 8207, 8401, 8402, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed. 050.7 Way of giving evidence 050.711 No evidence need be given. 050.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 051 Bridging (Protection Visa Applicant) 051.1 Interpretation 051.111 In this Part: review authority includes the Administrative Appeals Tribunal. Note 1 Compelling need to work and criminal detention are defined in regulation 1.03. Note 2 For eligible non-citizen see regulation 2.20. Note 3 For the meaning of finally determined, see subsection 5 (9) of the Act. Note 4 A Subclass 051 visa may also be granted without application. 051.2 Primary criteria Note All applicants must satisfy the primary criteria. 051.21 Criteria to be satisfied at time of application 051.211 The applicant is an eligible non-citizen referred to in subregulation 2.20 (7), (8), (9), (10) or (11). 051.212 The applicant, or a person acting on behalf of the applicant, has signed an undertaking acceptable to the Minister that: (a) if the applicant withdraws the application for a protection visa, the applicant will depart Australia, or present himself or herself to Immigration for removal, within 28 days after the applicant withdraws the application; and (b) if the application for a protection visa is finally determined and refused, the applicant will depart Australia, or present himself or herself to Immigration for removal, within 28 days after the latest of the following: (i) the applicant is notified that the protection visa application has been finally determined and refused; (ii) the applicant withdraws an application for judicial review of the decision to refuse the protection visa application (the visa decision); (iii) proceedings for judicial review of the visa decision are completed, and the outcome is that the visa decision is maintained; (iv) the applicant withdraws an appeal against the outcome of judicial review of the visa decision; (v) proceedings on an appeal against the outcome of judicial review of the visa decision are completed, and the outcome is that the visa decision is maintained. 051.213 The Minister is satisfied that the applicant satisfies: (a) the public interest criteria 4001, 4002 and 4003; and (b) the health criteria in clauses 866.223, 866.224, 866.224A and 866.224B. 051.22 Criteria to be satisfied at time of decision 051.221 The applicant continues to satisfy the criteria in clauses 051.211, 051.212 and 051.213. 051.3 Secondary criteria: Nil. Note All applicants must satisfy the primary criteria. 051.4 Circumstances applicable to grant 051.411 The applicant must be in Australia but not in immigration clearance. 051.5 When visa is in effect 051.511 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 - 28 days after the holder is notified of that refusal; or (b) if that application is refused and the holder applies for merits review of that decision - 28 days after notification of the decision of the final review authority appealed to; 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 - 28 days after that withdrawal; or (e) if the holder is notified by Immigration that the protection visa application is invalid - 28 days after the notification; or (f) if a review authority remits the application for the protection visa to the Minister for reconsideration - permitting the holder of the bridging visa to remain in Australia in accordance with the relevant provision of this clause. 051.512 In the case of a visa granted to a non-citizen on the basis of judicial review of a decision to refuse a protection visa application - bridging visa coming into effect on grant and permitting the applicant to remain in Australia until: (a) if another bridging visa is granted to the holder in respect of his or her application for judicial review - the grant of that bridging visa; or (b) subject to paragraph (d), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or (c) if the applicant withdraws the application for judicial review - 28 days after that withdrawal; or (d) if a court remits a matter to which the judicial review proceedings relate to a review authority, or to the Minister, for reconsideration - permitting the holder to remain in Australia in accordance with the relevant provision of clause 051.511. 051.513 In the case of a visa that is taken to have been granted by operation of section 75 of the Act - 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 - 28 days after the holder is notified of that refusal; or (b) if the protection visa application is refused and the holder applies for merits review of that decision - 28 days after notification of the decision of the final review authority appealed to; 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 - 28 days after that withdrawal. 051.6 Conditions 051.611 In the case of a visa that is taken to have been granted by operation of section 75 of the Act - conditions 8101, 8201, 8402, 8506 and 8513. 051.611A (1) In the case of a visa granted to an applicant (whether or not the applicant is an applicant to which any other clause in this Division applies) who: (a) applies for: (i) a Protection (Class AZ) visa in the period from 1 July 1997 to the end of 19 October 1999; or (ii) a Protection (Class XA) visa on or after 20 October 1999; 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 by Gazette Notice for the purposes of this paragraph: Condition 8101. (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, 8201, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511 and 8512 may be imposed. 051.612 In any other case - any 1 or more of conditions 8101, 8104, 8201, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511 and 8512 may be imposed. 051.7 Way of giving evidence 051.711 No evidence need be given. 051.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 060 Bridging F 060.1 Interpretation Note No interpretation provisions specific to this Part. 060.2 Primary criteria 060.21 [No criteria to be satisfied at time of application] 060.22 Criteria to be satisfied at time of decision 060.221 The Minister is satisfied that the applicant has been identified as a suspected victim of human trafficking. 060.222 The Minister is satisfied that suitable arrangements have been made for the care, safety and welfare of the applicant in Australia for the proposed period of the visa. 060.223 The Minister is satisfied that, if the bridging visa is granted, the applicant will abide by the conditions imposed on it. 060.3 Secondary criteria 060.31 [No criteria to be satisfied at time of application] 060.32 Criteria to be satisfied at time of decision 060.321 The applicant is a member of the immediate family of, and made a combined application with, a person in relation to whom the primary criteria in Subdivision 060.22 are satisfied. 060.322 The Minister is satisfied that the applicant continues to be a member of the immediate family of a person who has been identified as a suspected victim of human trafficking. 060.323 The Minister is satisfied that suitable arrangements have been made for the care, safety and welfare of the applicant in Australia for the proposed period of the visa. 060.324 The Minister is satisfied that, if the bridging visa is granted, the applicant will abide by the conditions imposed on it. 060.4 Circumstances applicable to grant 060.411 (1) An applicant: (a) to whom subregulation 2.20 (14) applies; and (b) who applied for the visa using the application process described in subregulation 2.20B (2); must be outside Australia when the visa is granted. (2) An applicant: (a) to whom subregulation 2.20 (15) applies; and (b) who applied for the visa using the application process described in subregulation 2.20B (2); must be in Australia, but not in immigration clearance, when the visa is granted. (3) An applicant: (a) to whom subregulation 2.20 (15) applies except that he or she has been immigration cleared; and (b) who applied for the visa using the application process described in subregulation 2.20B (2); must be in Australia when the visa is granted. (4) In any other case, an applicant must be in Australia when the visa is granted. 060.5 When visa is in effect 060.511 (1) For a person to whom subregulation 2.20 (14) applies, and who made an application in accordance with subregulation 2.20B (2) - bridging visa: (a) coming into effect on grant; and (b) permitting the holder to travel to, and enter, Australia on 1 occasion until a date specified by the Minister; and (c) permitting the holder to remain in Australia until a date specified by the Minister. (2) For a person to whom subregulation 2.20 (15) applies regardless of whether the person has been immigration cleared, and who made an application in accordance with subregulation 2.20B (2) - bridging visa: (a) coming into effect on grant; and (b) permitting the holder to travel to, and enter, Australia on 1 occasion until a date specified by the Minister; and (c) permitting the holder to remain in Australia until the earliest of the following: (i) a date specified by the Minister; (ii) the date on which the holder is granted a new criminal justice stay visa in accordance with Division 4 of Part 2 of the Act; (iii) the date on which a criminal justice certificate issued to the holder in accordance with that Division is cancelled. (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; 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; and (C) an officer of that police force tells Immigration, in writing, that the person is no longer identified as a suspected victim; when the Minister gives a written notice to the holder, by one of the methods specified in section 494B of the Act, that the person is no longer identified as a suspected victim. 060.6 Conditions 060.611 In the case of a visa that is taken to have been granted by operation of section 75 of the Act - conditions 8101 and 8402. 060.612 In any other case: (a) conditions 8101 and 8401 must be imposed; and (b) any 1 or more of conditions 8403, 8505, 8506, 8507, 8510 and 8511 may be imposed. 060.613 In addition to clauses 060.611 and 060.612, in the case of a visa that has been granted to a person who: (a) made the application for the visa in accordance with subregulation 2.20B (2); and (b) is the holder of the visa on the basis of satisfying the secondary criteria for the grant of the visa; condition 8502 must be imposed. 060.7 Way of giving evidence 060.711 No evidence need be given. 060.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 070 Bridging (Removal Pending) 070.1 Interpretation 070.111 In this Part: eligible non-citizen has the meaning given in regulation 2.20. Note See regulation 2.20A for how an application for a Bridging R (Class WR) visa is taken to have been validly made. 070.2 Primary criteria Note All applicants must satisfy the primary criteria. 070.21 Criteria to be satisfied at time of application 070.211 The applicant is an eligible non-citizen referred to in subregulation 2.20 (12) who is taken to have made an application in accordance with subregulation 2.20A (2). 070.22 Criteria to be satisfied at time of decision 070.221 The applicant continues to satisfy the criterion set out in clause 070.211. 070.222 The Minister is satisfied that, if the bridging visa is granted, the applicant will abide by the conditions to which the visa is subject. 070.223 The applicant satisfies public interest criteria 4001 and 4002. 070.3 Secondary criteria: Nil. Note All applicants must satisfy the primary criteria. 070.4 Circumstances applicable to grant 070.411 The applicant must be in immigration detention when the visa is granted. 070.5 When visa is in effect 070.511 Bridging visa: (a) coming into effect on grant; and (b) permitting the holder to remain in Australia; and (c) ceasing at the time when the Minister gives a notice in writing to the holder, by one of the methods specified in section 494B of the Act, stating that: (i) the Minister is satisfied that the holder's removal from Australia is reasonably practicable; or (ii) the holder has breached a condition to which the visa is subject. 070.6 Conditions 070.611 Conditions 8303, 8401, 8506, 8513, 8514, 8541, 8542 and 8543 must be imposed. 070.7 Way of giving evidence 070.711 No evidence need be given. 070.712 If evidence is given, to be given by a label affixed to a valid passport or an approved form. Subclass 100 Partner 100.1 Interpretation 100.111 In this Part: sponsoring partner, in relation to an applicant, means: (a) an Australian citizen, Australian permanent resident, or eligible New Zealand citizen who was specified as the applicant's spouse, intended spouse or de facto partner in the application that resulted in the grant of: (i) the Subclass 309 (Spouse (Provisional)) visa as mentioned in paragraph 100.221 (2) (a), (2A) (a), (3) (a), (4) (a) or (4A) (a); or (ii) the Subclass 309 (Partner (Provisional)) visa mentioned in subparagraph 100.221 (2) (a) (i), or paragraph (2A) (a), (3) (a), (4) (a) or (4A) (a); or (b) for a person to whom the Minister has decided, under section 345, 351, 391, 417, 454 or 501J of the Act, to grant a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa - the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was the spouse or de facto partner of that person at the time the visa was granted. Note Australian permanent resident, eligible New Zealand citizen, long-term partner relationship and permanent humanitarian visa are defined in regulation 1.03, de facto partner is defined in section 5CB of the Act, and spouse is defined in section 5F of the Act. 100.2 Primary criteria Note The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 100.21 [No criteria to be satisfied at time of application] 100.22 Criteria to be satisfied at time of decision 100.221 (1) The applicant meets the requirements of subclause (2), (2A), (3), (4) or (4A). (2) The applicant meets the requirements of this subclause if: (a) the applicant: (i) is the holder of a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa; or (ii) was the holder of a Subclass 309 (Spouse (Provisional)) visa granted before 1 November 1999 that has ceased to be in effect because the applicant: (A) was outside Australia at the end of the 30 month period specified in the Subclass 309 visa for travelling to and entering Australia; or (B) left Australia after the end of the 30 month period specified in that visa for travelling to and entering Australia; 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 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa which the Minister has decided, under section 345, 351, 391, 417, 454 or 501J of the Act, to grant to the applicant; and (b) the applicant is the spouse or de facto partner of the sponsoring partner; and (c) subject to subclauses (5), (6) and (7), at least 2 years have passed since the Minister made the decision mentioned in paragraph (a). (3) The applicant meets the requirements of this subclause if the applicant: (a) first entered Australia as the holder of a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa and either: (i) continues to be the holder of that visa; or (ii) is no longer the holder of that visa because the visa: (A) was granted before 1 November 1999; and (B) has ceased to be in effect because the applicant: (I) was outside Australia at the end of the 30 month period specified in the Subclass 309 visa for travelling to and entering Australia; or (II) left Australia after the end of the 30 month period specified in that visa for travelling to and entering Australia; and (b) would meet the requirements of subclause (2) or (2A) except that, after the applicant first entered Australia as the holder of the visa mentioned in paragraph (a), the sponsoring partner has died; and (c) satisfies the Minister that the applicant would have continued to be the spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died. (4) The applicant meets the requirements of this subclause if: (a) the applicant first entered Australia as the holder of a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa and either: (i) continues to be the holder of that visa; or (ii) is no longer the holder of that visa because the visa: (A) was granted before 1 November 1999; and (B) has ceased to be in effect because the applicant: (I) was outside Australia at the end of the 30 month period specified in the Subclass 309 visa for travelling to and entering Australia; or (II) left Australia after the end of the 30 month period specified in that visa for travelling to and entering Australia; and (b) the applicant would meet the requirements of subclause (2) or (2A) except that the relationship between the applicant and the sponsoring partner has ceased; and (c) after the applicant first entered Australia as the holder of the visa mentioned in paragraph (a) - either or both of the following circumstances applies: (i) either or both of the following: (A) the applicant; (B) a member of the family unit of the sponsoring partner or of the applicant or of both of them; has suffered family violence committed by the sponsoring partner; (ii) the applicant: (A) has custody or joint custody of, or access to; or (B) has a residence order or contact order made under the Family Law Act 1975 relating to; at least 1 child in respect of whom the sponsoring partner: (C) has been granted joint custody or access by a court; or (D) has a residence order or contact order made under the Family Law Act 1975; or (E) has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation. Note For special provisions relating to family violence, see Division 1.5. (4A) The applicant meets the requirements of this subclause: (a) if the applicant held a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa that ceased on notification of a decision of the Minister to refuse a Subclass 100 visa; and (b) if the Tribunal: (i) has remitted that decision for reconsideration and, as a result, the Minister decides that the applicant satisfies the criteria for the grant of a Subclass 100 visa apart from the criterion that the applicant hold a Subclass 309 visa; or (ii) has determined that the applicant satisfies the criteria for the grant of a Subclass 100 visa apart from the criterion that the applicant hold a Subclass 309 visa. (5) Paragraphs (2) (c) and (2A) (c) do not apply to an applicant who at the time of making the application was in a long-term partner relationship with the sponsoring partner. (6) Paragraphs (2) (c) and (2A) (c) do not apply to an applicant whose sponsoring partner: (a) is, or was, the holder of a permanent humanitarian visa; and (b) before that permanent visa was granted, was in a married relationship or de facto relationship with the applicant of which Immigration was informed before that permanent visa was granted. (7) Nothing in paragraphs (2) (c) and (2A) (c) prevents the Minister, less than 2 years after the application is made, from: (a) refusing to grant a Subclass 100 visa; or (b) granting a Subclass 100 visa to an applicant who meets the requirements of subclause (3) or (4). 100.222 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and (b) if the applicant had turned 18 at the time of application - public interest criterion 4019. 100.223 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 the Department of Family and Community Services. 100.224 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 100 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and (b) if the person had turned 18 at the time of application - satisfies public interest criterion 4019. (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 100 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 100.225 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 100.226 If: (a) at least 2 years have passed since the application was made; and (b) the applicant does not meet the requirements of subclause 100.221 (2A), (3) or (4); the applicant is nominated for the grant of the Subclass 100 visa by the sponsoring partner. 100.227 The Minister is satisfied that: (a) the applicant is the holder of a valid passport that: (i) was issued to the applicant by an official source; and (ii) is in the form issued by the official source; or (b) it would be unreasonable to require the applicant to be the holder of a passport. 100.3 Secondary criteria Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 100.31 Criteria to be satisfied at time of application 100.311 The applicant is a member of the family unit of a person who has applied for a Partner (Migrant) (Class BC) visa, and the Minister has not decided to grant or refuse to grant a visa to the person. 100.32 Criteria to be satisfied at time of decision 100.321 The applicant: (a) is the holder of a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa that was granted on the basis that the applicant was a member of the family unit of another person who was the holder of a Subclass 309 visa, and that other person has been granted a Subclass 100 visa; or (b) was the holder of a Subclass 309 (Spouse (Provisional)) visa granted before 1 November 1999 that: (i) has ceased to be in effect because the applicant: (A) was outside Australia at the end of the 30 month period specified in the Subclass 309 visa for travelling to and entering Australia; or (B) left Australia after the end of the 30 month period specified in that visa for travelling to and entering Australia; and (ii) was granted on the basis that the applicant was a member of the family unit of another person who was the holder of a Subclass 309 visa, and that other person has been granted a Subclass 100 visa; or (c) is the holder of a Subclass 445 (Dependent Child) visa that was granted on the basis that the applicant was the dependent child of a parent who was the holder of a Subclass 309 or 445 visa and who has been granted a Subclass 100 visa; or (d) is a person: (i) who holds: (A) a Subclass 445 (Dependent Child) visa; or (B) a Subclass 309 (Spouse (Provisional)) visa; or (C) a Subclass 309 (Partner (Provisional)) visa; which the Minister has decided, under section 345, 351, 391, 417, 454 or 501J of the Act, to grant to the applicant; and (ii) who, at the time the visa mentioned in subparagraph (i) was granted, was the dependent child, or a member of the family unit, as the case requires, of another person: (A) who, at the time mentioned in subparagraph (ii), was the holder of a Subclass 445 (Dependent Child), a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa; and (B) who, since the time mentioned in subparagraph (ii), has been granted a Subclass 100 visa. 100.322 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 100.323 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 the Department of Family and Community Services; or (b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 100.324 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 100.325 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. 100.4 Circumstances applicable to grant 100.411 The applicant must be: (a) in Australia, but not in immigration clearance; or (b) outside Australia; when the visa is granted. 100.5 When visa is in effect 100.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 100.6 Conditions 100.611 If the applicant is outside Australia at the time of grant, first entry must be made before a date specified by the Minister for the purpose. 100.612 If the applicant meets the primary criteria and is outside Australia at the time of the grant, condition 8502 may be imposed before the applicant's first entry to Australia as the holder of the visa. 100.613 If the applicant meets the secondary criteria and is outside Australia at the time of the grant, either or both of conditions 8502 and 8515 may be imposed before the applicant's first entry to Australia as the holder of the visa. 100.7 Way of giving evidence 100.711 No evidence need be given. 100.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 101 Child 101.1 Interpretation Note eligible New Zealand citizen, dependent child and step-child are defined in regulation 1.03, adoption is defined in regulation 1.04, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A). There are no interpretation provisions specific to this Part. 101.2 Primary criteria Note The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 101.21 Criteria to be satisfied at time of application 101.211 (1) The applicant: (a) is a dependent child of: (i) an Australian citizen; or (ii) the holder of a permanent visa; or (iii) an eligible New Zealand citizen; and (b) subject to subclause (2), has not turned 25; and (c) either: (i) is: (A) the child (other than an adopted child); or (B) the step-child within the meaning of paragraph (b) of the definition of step-child; of the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in paragraph (a); or (ii) was adopted overseas by a person who, at the time of adoption, was not an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen, but later became an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen. (2) Paragraph (1) (b) does not apply to an applicant who, at the time of making the application, was a dependent child within the meaning of subparagraph (b) (ii) of the definition of dependent child. 101.212 The applicant is sponsored by a person who: (a) has turned 18; and (b) is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and (c) is: (i) the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in subclause 101.211 (1); or (ii) the cohabiting spouse or de facto partner of the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in subclause 101.211 (1). 101.213 (1) If the applicant has turned 18: (a) the applicant: (i) is not engaged to be married; and (ii) does not have a spouse or de facto partner; and (iii) has never had a spouse or de facto partner; and (b) the applicant is not engaged in full-time work; and (c) subject to subclause (2), the applicant has, since turning 18, or within 6 months or a reasonable time after completing the equivalent of year 12 in the Australian school system, been undertaking a full-time course of study at an educational institution leading to the award of a professional, trade or vocational qualification. (2) Paragraph (1) (c) does not apply to an applicant who, at the time of making the application, is a dependent child within the meaning of subparagraph (b) (ii) of the definition of dependent child. 101.22 Criteria to be satisfied at time of decision 101.221 (1) In the case of an applicant who had not turned 18 at the time of application, the applicant: (a) continues to satisfy the criterion in clause 101.211; or (b) does not continue to satisfy that criterion only because the applicant has turned 18. (2) In the case of an applicant who had turned 18 at the time of application: (a) the applicant: (i) continues to satisfy the criterion in clause 101.211; or (ii) does not continue to satisfy that criterion only because the applicant has turned 25; and (b) the applicant continues to satisfy the criterion in clause 101.213. 101.222 The sponsorship referred to in clause 101.212 has been approved by the Minister and is still in force. 101.223 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 101.225 If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of the Department of Family and Community Services. 101.226 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 101.227 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 101 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and (b) if the person had turned 18 at the time of application - satisfies public interest criterion 4019. (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 101 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 101.228 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 101.229 The Minister is satisfied that: (a) the applicant is the holder of a valid passport that: (i) was issued to the applicant by an official source; and (ii) is in the form issued by the official source; or (b) it would be unreasonable to require the applicant to be the holder of a passport. 101.3 Secondary criteria Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 101.31 Criteria to be satisfied at the time of application 101.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 101.21. 101.312 The sponsorship referred to in clause 101.212 of the person who satisfies the primary criteria includes sponsorship of the applicant. 101.32 Criteria to be satisfied at time of decision 101.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 101 visa. 101.322 The sponsorship referred to in clause 101.312 has been approved by the Minister and is still in force. 101.323 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 101.325 If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that: (a) the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of the Department of Family and Community Services; or (b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 101.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 101.327 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. 101.4 Circumstances applicable to grant 101.411 The applicant must be outside Australia when the visa is granted. 101.5 When visa is in effect 101.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 101.6 Conditions 101.611 First entry must be made before a date specified by the Minister for the purpose. 101.612 Either or both of conditions 8502 and 8515 may be imposed. 101.7 Way of giving evidence 101.711 No evidence need be given. 101.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 102 Adoption 102.1 Interpretation 102.111 In this Part: adoptive parent, in relation to an applicant, means the person referred to in paragraph 102.211 (2) (b) or 102.211 (5) (b). child for adoption means an applicant referred to in subclause 102.211 (3) or (4). prospective adoptive parent, in relation to an applicant, means: (a) the unmarried person referred to in subparagraph 102.211 (3) (c) (i); or (b) each of the spouses or de facto partners referred to in subparagraph 102.211 (3) (c) (ii); or (c) the Australian citizen, holder of a permanent visa or eligible New Zealand citizen referred to in paragraph 102.211 (4) (c); as the case requires. Note eligible New Zealand citizen is defined in regulation 1.03, and adoption is defined in regulation 1.04. 102.2 Primary criteria Note The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 102.21 Criteria to be satisfied at time of application 102.211 (1) The applicant meets the requirements of subclause (2), (3), (4) or (5). (2) An applicant meets the requirements of this subclause if: (a) the applicant has not turned 18; and (b) the applicant was adopted overseas by a person who: (i) was, at the time of the adoption, an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and (ii) had been residing overseas for more than 12 months at the time of the application; and (c) the Minister is satisfied that the residence overseas by the adoptive parent was not contrived to circumvent the requirements for entry to Australia of children for adoption; and (d) the adoptive parent has lawfully acquired full and permanent parental rights by the adoption. (3) An applicant meets the requirements of this subclause if: (a) the applicant has not turned 18; and (b) the applicant is resident in an overseas country; and (c) either: (i) a person who is not in a married relationship or de facto relationship, and who is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen has undertaken in writing to adopt the applicant; or (ii) spouses or de facto partners, at least one of whom is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen, have undertaken in writing to adopt the applicant; and (d) a competent authority in Australia: (i) has approved the prospective adoptive parent as a suitable adoptive parent for the applicant; or (ii) has approved the prospective adoptive parent and the spouse or de facto partner of the prospective adoptive parent as suitable adoptive parents for the applicant. (4) An applicant meets the requirements of this subclause if: (a) the applicant has not turned 18; and (b) the applicant is resident in an overseas country; and (c) a competent authority in the overseas country has allocated the applicant for prospective adoption by a person who is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen, or such a person and that person's spouse or de facto partner; and (d) either: (i) arrangements for the adoption are in accordance with the Adoption Convention; or (ii) the adoption is of a kind that may be accorded recognition by regulation 5 of the Family Law (Bilateral Arrangements - Intercountry Adoption) Regulations 1998; and (e) a competent authority in Australia: (i) has approved the prospective adoptive parent as a suitable adoptive parent for the applicant; or (ii) has approved the prospective adoptive parent and the spouse or de facto partner of the prospective adoptive parent as suitable adoptive parents for the applicant. (5) An applicant meets the requirements of this subclause if: (a) the applicant has not turned 18; and (b) the applicant was adopted in accordance with the Adoption Convention, in an Adoption Convention country, by a person who was an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen when the adoption took place, or by such a person and that person's spouse or de facto partner. 102.212 The applicant is sponsored by a person who is: (a) an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and (b) in the case of an applicant who is a child for adoption - a prospective adoptive parent of the child; and (c) in the case of an applicant who is an adopted child - an adoptive parent of the child. 102.213 The laws relating to adoption of the country in which the child is normally resident have been complied with. 102.22 Criteria to be satisfied at time of decision 102.221 The applicant continues to satisfy the criteria in clauses 102.211 and 102.213. 102.222 The sponsorship referred to in clause 102.212 has been approved by the Minister and is still in force. 102.223 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010. 102.225 If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of the Department of Family and Community Services. 102.226 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 102 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010. (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 102 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 102.227 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 102.227A If the applicant has met the requirements of subclause 102.211 (3), a competent authority in the overseas country has approved the departure of the applicant: (a) for adoption in Australia; or (b) in the custody of the prospective adoptive parent or parents. 102.228 (1) If: (a) the applicant has met the requirements of subclause 102.211 (4) or (5); and (b) the adoption of the applicant took place overseas - an adoption compliance certificate is in force in relation to the adoption. (2) If: (a) the applicant has met the requirements of subclause 102.211 (4); and (b) the adoption of the applicant is to take place in Australia - the Minister is satisfied that a competent authority in the overseas country has given permission for the child to leave the overseas country in the care of a prospective adoptive parent for the purpose of adoption in Australia. 102.229 The Minister is satisfied that: (a) the applicant is the holder of a valid passport that: (i) was issued to the applicant by an official source; and (ii) is in the form issued by the official source; or (b) it would be unreasonable to require the applicant to be the holder of a passport. 102.3 Secondary criteria Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 102.31 Criteria to be satisfied at time of application 102.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 102.21. 102.312 The sponsorship referred to in clause 102.212 of the person who satisfies the primary criteria includes sponsorship of the applicant. 102.32 Criteria to be satisfied at time of decision 102.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 102 visa. 102.322 The sponsorship referred to in clause 102.312 has been approved by the Minister and is still in force. 102.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010. 102.325 If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that: (a) the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of the Department of Family and Community Services; or (b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 102.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 102.327 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. 102.4 Circumstances applicable to grant 102.411 The applicant must be outside Australia when the visa is granted. 102.5 When visa is in effect 102.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 102.6 Conditions 102.611 First entry must be made before a date specified by the Minister for the purpose. 102.612 Either or both of conditions 8502 and 8515 may be imposed. 102.7 Way of giving evidence 102.711 No evidence need be given. 102.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 103 Parent 103.1 Interpretation Note eligible New Zealand citizen, aged parent, close relative, guardian and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5 (1) of the Act, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A) , and spouse is defined in section 5F of the Act (also see regulation 1.15A). 103.2 Primary criteria Note The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 103.21 Criteria to be satisfied at time of application 103.211 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. 103.212 (1) The applicant is sponsored in accordance with subclause (2) or (3). (2) If the child has turned 18, the applicant is sponsored by: (a) the child; or (b) the child's cohabiting spouse or de facto partner, if that spouse or de facto partner: (i) has turned 18; and (ii) is: (A) a settled Australian citizen; or (B) a settled Australian permanent resident; or (C) a settled eligible New Zealand citizen. (3) If the child has not turned 18, the applicant is sponsored by: (a) the child's cohabiting spouse, if that spouse: (i) has turned 18; and (ii) is: (A) a settled Australian citizen; or (B) a settled Australian permanent resident; or (C) a settled eligible New Zealand citizen; or (b) a person who: (i) is a close 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 close 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. 103.213 The applicant satisfies the balance of family test. 103.22 Criteria to be satisfied at time of decision 103.221 The applicant continues to satisfy the criterion in clause 103.211. 103.222 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. 103.224 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. 103.225 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 103.226 The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 103.227 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 103 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and (b) if he or she has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 103 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 103.228 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 103.229 If the applicant has previously made a valid application for another parent visa: (a) the application has been: (i) finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958); or (ii) withdrawn; and (b) any of the following has occurred in relation to the application for that visa: (i) each decision that has been made in respect of the application is not, or is no longer, subject to any form of: (A) review by the Administrative Appeals Tribunal; or (B) judicial review proceedings (including proceedings on appeal); (ii) a decision that has been made in respect of the application was subject to: (A) review by the Administrative Appeals Tribunal; or (B) judicial review proceedings (including proceedings on appeal); but the period within which such a review or such review proceedings could be instituted has ended without a review or review proceedings having been instituted as prescribed; (iii) if the applicant has applied for: (A) review by the Migration Review Tribunal; or (B) review by the Administrative Appeals Tribunal; or (C) judicial review proceedings (including proceedings on appeal); the applicant has withdrawn all applications for the review or review proceedings. 103.230 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. 103.3 Secondary criteria Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 103.31 Criteria to be satisfied at time of application 103.311 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. 103.312 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. 103.32 Criteria to be satisfied at time of decision 103.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 103 visa. 103.322 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. 103.323 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. 103.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 103.325 The Minister is satisfied that: (a) the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of the Department of Family and Community Services; or (b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 103.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 103.327 If the applicant has previously made a valid application for another parent visa: (a) the application has been: (i) finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958); or (ii) withdrawn; and (b) any of the following has occurred in relation to the application for that visa: (i) each decision that has been made in respect of the application is not, or is no longer, subject to any form of: (A) review by the Administrative Appeals Tribunal; or (B) judicial review proceedings (including proceedings on appeal); (ii) a decision that has been made in respect of the application was subject to: (A) review by the Administrative Appeals Tribunal; or (B) judicial review proceedings (including proceedings on appeal); but the period within which such a review or such review proceedings could be instituted has ended without a review or review proceedings having been instituted as prescribed; (iii) if the applicant has applied for: (A) review by the Migration Review Tribunal; or (B) review by the Administrative Appeals Tribunal; or (C) judicial review proceedings (including proceedings on appeal); the applicant has withdrawn all applications for the review or review proceedings. 103.328 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. 103.4 Circumstances applicable to grant 103.411 The applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 103.5 When visa is in effect 103.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 103.6 Conditions 103.611 First entry must be made before a date specified by the Minister for the purpose. 103.612 Either or both of conditions 8502 and 8515 may be imposed. 103.7 Way of giving evidence 103.711 No evidence need be given. 103.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 105 Skilled - Australian-linked 105.1 Interpretation 105.111 In this Part: usual occupation, in relation to an applicant, has the meaning set out in subregulation 2.26 (5). Note Occupations Requiring English List is defined in regulation 1.19. For vocational English, see regulation 1.15B. 105.2 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. 105.21 Criteria to be satisfied at time of application 105.211 The applicant: (a) is a brother, sister, nephew, niece or parent; or (b) is a child (other than a dependent child); of a person (in this clause called the sponsor) who has turned 18 and who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. 105.212 The applicant is sponsored by the sponsor. 105.213 The applicant is of working age. 105.22 Criteria to be satisfied at time of decision 105.221 The sponsorship referred to in clause 105.212 has been approved by the Minister and is still in force. 105.222 The applicant has the qualifying score when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act. Note The Subdivision mentioned (ss 92 to 96) provides for the application of a points system, under which applicants for relevant visas are given an assessed score based on the prescribed number of points for particular attributes, which is assessed against the relevant pool mark and pass mark. The prescribed points and the manner of their allocation are provided for in Division 2.6 (regulations 2.26 and 2.27), and Schedule 6, of these Regulations. In certain circumstances, attributes of the spouse or de facto partner of an applicant may be taken into account (regulation 2.27). Pool marks and pass marks are set from time to time by the Minister by notice in the Gazette (s 96). 105.223 If the applicant satisfies the criterion specified in clause 105.222 by reason of the operation of regulation 2.27, the spouse or de facto partner of the applicant was, at the time of application, of working age. 105.224 (1) Subject to subclause (2), if the usual occupation of the applicant is an occupation included in the Occupations Requiring English List, the applicant has vocational English. (2) If: (a) the applicant satisfies the criterion specified in clause 105.222 by reason of the operation of regulation 2.27; and (b) the usual occupation of the spouse or de facto partner of the applicant is an occupation included in the Occupations Requiring English List; the spouse or de facto partner of the applicant has vocational English. (3) For this clause, if an applicant is a person to whom subregulation 2.08D (1) applies, the Occupations Requiring English List for the applicant's further application under regulation 2.08D, means the list that, under regulation 1.19, was published in the Gazette on 31 August 1994. 105.225 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 105.226 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 105.227 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 the Department of Family and Community Services. 105.228 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 105 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; 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 105 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 105.229 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 105.230 Approval of the application would not result in either: (a) the number of Subclass 105 visas granted in a financial year exceeding the maximum number of Subclass 105 visas, as determined by Gazette Notice, that may be granted in that financial year; or (b) the number of visas of particular classes (including Subclass 105) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in a financial year. 105.3 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. 105.31 Criteria to be satisfied at time of application 105.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 105.21. 105.312 The sponsorship referred to in clause 105.212 in respect of the person who satisfies the primary criteria includes sponsorship of the applicant. 105.32 Criteria to be satisfied at time of decision 105.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 105 visa. 105.322 The sponsorship referred to in clause 105.312 has been approved by the Minister and is still in force. 105.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4009 and 4010. 105.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 105.325 If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that: (a) the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of the Department of Family and Community Services; or (b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 105.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 105.4 Circumstances applicable to grant 105.411 The applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 105.5 When visa is in effect 105.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 105.6 Conditions 105.611 First entry must be made before a date specified by the Minister for the purpose. 105.612 If the applicant satisfies the secondary criteria, either or both of conditions 8502 and 8514 may be imposed. 105.613 Condition 8515 may be imposed. 105.7 Way of giving evidence 105.711 Visa label affixed to a valid passport. Subclass 106 Regional-linked 106.1 Interpretation 106.111 In this Part: degree has the meaning given in subregulation 2.26 (5). designated area means an area specified by Gazette Notice as a designated area for item 6701 in Schedule 6. diploma has the meaning given in subregulation 2.26 (5). medical practitioner includes a specialist medical practitioner. relevant Australian authority has the meaning given in subregulation 2.26 (5). trade certificate has the meaning given in subregulation 2.26 (5). usual occupation has the meaning given in subregulation 2.26 (5). Note 1 For Occupations Requiring English List, see r 1.19. Note 2 For vocational English, see r 1.15B. 106.2 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. 106.21 Criteria to be satisfied at time of application 106.211 The applicant: (a) is a brother, sister, nephew, niece or parent; or (b) is a child (other than a dependent child); or (c) is a grandchild or first cousin; of a person (in this Division called the sponsor) who has turned 18 and who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. 106.212 The applicant is sponsored by the sponsor. 106.213 The sponsor: (a) is resident in a designated area; and (b) was resident in one or other of the designated areas throughout the period of 12 months immediately before Immigration receives the relevant sponsorship (except for short absences for the purposes of recreation or business); and (c) is not, at the time Immigration receives the relevant sponsorship, receiving a benefit under the Student and Youth Assistance Act 1973 or any form of Australian social security benefit, allowance or pension, other than: (i) an age pension under the Social Security Act 1991; or (ii) a family allowance, or family allowance supplement, under that Act; or (iii) a pension under the Seamen's War Pensions and Allowances Act 1940 or the Veterans' Entitlements Act 1986; and (d) is either: (i) a person who: (A) is financially independent, engaged in paid employment or receiving a pension referred to in subparagraph (c) (i) or (iii); and (B) has not received, in respect of a period or periods amounting to more than 2 weeks during that period of 12 months, a job search allowance, a newstart allowance or a special benefit under the Social Security Act 1991; or (ii) a person who: (A) is not financially independent, engaged in paid employment or receiving a pension referred to in subparagraph (c) (i) or (iii); and (B) does not have a spouse or de facto partner who has received, in respect of a period or periods amounting to more than 2 weeks during that period of 12 months, a job search allowance, a newstart allowance or a special benefit under the Social Security Act 1991. 106.214 (1) The applicant meets the requirements of subclause (2) or (3). (2) The applicant meets the requirements of this subclause if the applicant: (a) is less than 45 years of age; and (b) does not have a usual occupation as a medical practitioner; and (c) has not obtained a medical qualification within the period of 5 years immediately before the time of application. (3) The applicant meets the requirements of this subclause if the spouse or de facto partner of the applicant: (a) is an applicant for a Subclass 106 visa; and (b) is less than 45 years of age; and (c) does not have a usual occupation as a medical practitioner; and (d) has not obtained a medical qualification within the period of 5 years immediately before the time of application. 106.22 Criteria to be satisfied at time of decision 106.221 The sponsorship referred to in clause 106.212 has been approved by the Minister and is still in force. 106.222 The sponsor is still resident in a designated area. 106.223 (1) The applicant: (a) meets the requirements of subclause (2); or (b) does not meet those requirements but meets the requirements of subclause (3). (2) The applicant meets the requirements of this subclause if the applicant: (a) met the requirements of subclause 106.214 (2) at the time of the applicant's application; and (b) has a usual occupation, other than as a medical practitioner, being an occupation for which, in Australia, a degree, diploma or trade certificate is required; and (c) holds a degree, diploma or trade certificate that: (i) is relevant to that usual occupation; and (ii) is assessed by the relevant Australian authority as equivalent to the Australian standards for the occupation; and (d) has English-language skills that meet the requirements of subclause (4). (3) The applicant meets the requirements of this subclause if: (a) the applicant met the requirements of subclause 106.214 (3) at the time of the applicant's application; and (b) the applicant's spouse or de facto partner continues to meet the requirement of paragraph 106.214 (3) (a); and (c) the applicant's spouse or de facto partner has a usual occupation, other than as a medical practitioner, being an occupation for which, in Australia, a degree, diploma or trade certificate is required; and (d) the applicant's spouse or de facto partner holds a degree, diploma or trade certificate that: (i) is relevant to that usual occupation; and (ii) is assessed by the relevant Australian authority as equivalent to the Australian standards for the occupation; and (e) the applicant's spouse or de facto partner has English-language skills that meet the requirements of subclause (4). (4) The English-language skills of the applicant or the applicant's spouse or de facto partner, as relevant, meet the requirements of this subclause if: (a) the applicant or the applicant's spouse or de facto partner: (i) has a usual occupation that is an occupation included in the Occupations Requiring English List; and (ii) has vocational English; or (b) the applicant or the applicant's spouse or de facto partner does not have a usual occupation that is an occupation included in the Occupations Requiring English List but has proficiency in English of at least the standard required for the award of 10 points on the language skill factor of the general points test specified in Part 3 of Schedule 6. 106.224 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 106.225 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 106.226 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 the Department of Family and Community Services. 106.227 Each member of the family unit of the applicant who is an applicant for a Subclass 106 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (b) if he or she has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 106.228 Each member of the family unit of the applicant who is not an applicant for a Subclass 106 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 106.229 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 106.230 Approval of the application would not result in either: (a) the number of Subclass 106 visas granted in a financial year exceeding the maximum number of Subclass 106 visas, as determined by Gazette Notice, that may be granted in that financial year; or (b) the number of visas of particular classes (including Subclass 106) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in a financial year. 106.3 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. 106.31 Criteria to be satisfied at time of application 106.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 106.21. 106.312 The sponsorship referred to in clause 106.212 in respect of the person who satisfies the primary criteria includes sponsorship of the applicant. 106.32 Criteria to be satisfied at time of decision 106.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 106 visa. 106.322 The sponsorship referred to in clause 106.312 has been approved by the Minister and is still in force. 106.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 106.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 106.325 If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that: (a) the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of the Department of Family and Community Services; or (b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 106.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 106.4 Circumstances applicable to grant 106.411 The applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 106.5 When visa is in effect 106.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 106.6 Conditions 106.611 First entry must be made before a date specified by the Minister for the purpose. 106.612 If the applicant satisfies the secondary criteria, either or both of conditions 8502 and 8514 may be imposed. 106.613 Condition 8515 may be imposed. 106.7 Way of giving evidence 106.711 Visa label affixed to a valid passport Subclass 114 Aged Dependent Relative 114.1 Interpretation Note aged dependent relative, dependent child, eligible New Zealand citizen and settled are defined in regulation 1.03, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A). 114.2 Primary criteria Note The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 114.21 Criteria to be satisfied at time of application 114.211 The applicant is an aged dependent relative of a person who is: (a) an Australian citizen; or (b) an Australian permanent resident; or (c) an eligible New Zealand citizen. 114.212 (1) The applicant is sponsored: (a) if the Australian relative has turned 18 and is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen - by the Australian relative; or (b) by the spouse or de facto partner of the Australian relative, if the spouse or de facto partner: (i) cohabits with the Australian relative; and (ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and (iii) has turned 18. (2) In this clause, the Australian relative means the person mentioned in clause 114.211 of whom the applicant is an aged dependent relative. 114.22 Criteria to be satisfied at time of decision 114.221 The applicant continues to satisfy the criterion in clause 114.211. 114.222 The sponsorship referred to in clause 114.212 has been approved by the Minister and is still in force. 114.223 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4019. 114.224 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002. 114.225 The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 114.226 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 114 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and (b) if the member has previously been in Australia, satisfies special return criteria 5001 and 5002. (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 114 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 114.227 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 114.228 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. 114.3 Secondary criteria Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 114.31 Criteria to be satisfied at time of application 114.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 114.21. 114.312 The sponsorship referred to in clause 114.212 of the person who satisfies the primary criteria includes sponsorship of the applicant. 114.32 Criteria to be satisfied at time of decision 114.321 The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 114 visa. 114.322 The sponsorship referred to in clause 114.312 has been approved by the Minister and is still in force. 114.323 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 114.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002. 114.325 The Minister is satisfied that: (a) the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of the Department of Family and Community Services; or (b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 114.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 114.327 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. 114.4 Circumstances applicable to grant 114.411 The applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 114.5 When visa is in effect 114.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 114.6 Conditions 114.611 First entry must be made before a date specified by the Minister for the purpose. 114.612 Either or both of conditions 8502 and 8515 may be imposed. 114.7 Way of giving evidence 114.711 No evidence need be given. 114.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 115 Remaining Relative 115.1 Interpretation Note Australian relative, dependent child, eligible New Zealand citizen and settled are defined in regulation 1.03. Remaining relative is defined in regulation 1.15. De facto partner is defined in section 5CB of the Act (also see regulations 1.09A and 2.03A) and spouse is defined in section 5F of the Act (also see regulation 1.15A). 115.2 Primary criteria Note The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 115.21 Criteria to be satisfied at time of application 115.211 The applicant is a remaining relative of an Australian relative for the applicant. 115.212 The applicant is sponsored: (a) if the Australian relative has turned 18 and is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen - by the Australian relative; or (b) by the spouse or de facto partner of the Australian relative if: (i) the spouse or de facto partner cohabits with the relative; and (ii) the spouse or de facto partner is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and (iii) the spouse or de facto partner has turned 18. 115.22 Criteria to be satisfied at time of decision 115.221 The applicant continues to satisfy the criterion in clause 115.211. 115.222 A sponsorship of the kind mentioned in clause 115.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application. Note The applicant may seek the Minister's approval for a change of sponsor as long as the new sponsor meets the description in clause 115.212. 115.223 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 115.224 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002. 115.225 The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 115.226 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 115 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (aa) if the member had turned 18 at the time of application, satisfies public interest criterion 4019; and (b) if the member has previously been in Australia, satisfies special return criteria 5001 and 5002. (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 115 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 115.227 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 115.228 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. 115.3 Secondary criteria Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 115.31 Criteria to be satisfied at time of application 115.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 115.21. 115.312 A sponsorship of the kind mentioned in clause 115.212 of the person who satisfies the primary criteria, approved by the Minister: (a) is in force; and (b) includes sponsorship of the applicant. 115.32 Criteria to be satisfied at time of decision 115.321 The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 115 visa. 115.322 A sponsorship of the kind mentioned in clause 115.212 of the person who satisfies the primary criteria, approved by the Minister: (a) is in force; and (b) includes sponsorship of the applicant; whether or not the sponsor was the sponsor at the time of application. 115.323 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 115.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002. 115.325 The Minister is satisfied that: (a) the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of the Department of Family and Community Services; or (b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 115.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 115.327 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. 115.4 Circumstances applicable to grant 115.411 The applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 115.5 When visa is in effect 115.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 115.6 Conditions 115.611 First entry must be made before a date specified by the Minister for the purpose. 115.612 Either or both of conditions 8502 and 8515 may be imposed. 115.7 Way of giving evidence 115.711 No evidence need be given. 115.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 116 Carer 116.1 Interpretation Note dependent child and eligible New Zealand citizen are defined in regulation 1.03, carer is defined in regulation 1.15AA, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A). 116.2 Primary criteria Note The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 116.21 Criteria to be satisfied at time of application 116.211 (1) The applicant claims to be a carer of an Australian relative of the applicant. (2) In this clause, Australian relative, in relation to an applicant, means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. 116.212 The applicant is sponsored: (a) by the Australian relative mentioned in clause 116.211 if that relative has turned 18; or (b) by the spouse or de facto partner of the Australian relative if: (i) the spouse or de facto partner cohabits with the relative; and (ii) the spouse or de facto partner is an Australian citizen or an Australian permanent resident or an eligible New Zealand citizen; and (iii) the spouse or de facto partner has turned 18. 116.22 Criteria to be satisfied at time of decision 116.221 The applicant is a carer of the Australian relative mentioned in clause 116.211. 116.222 The sponsorship referred to in clause 116.212 has been approved by the Minister and is still in force. 116.223 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 116.224 If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001. 116.226 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 116 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (aa) if the member had turned 18 at the time of application, satisfies public interest criterion 4019; and (b) if the member has previously been in Australia, satisfies special return criterion 5001. (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 116 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 116.227 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 116.228 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. 116.3 Secondary criteria Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 116.31 Criteria to be satisfied at time of application 116.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 116.21. 116.312 The sponsorship referred to in clause 116.212 of the person who satisfies the primary criteria includes sponsorship of the applicant. 116.32 Criteria to be satisfied at time of decision 116.321 The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 116 visa. 116.322 The sponsorship referred to in clause 116.312 has been approved by the Minister and is still in force. 116.323 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 116.324 If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001. 116.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 116.327 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. 116.4 Circumstances applicable to grant 116.411 The applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted, unless the applicant is a person in relation to whom the Minister has determined that the second instalment of the visa application charge should not be paid because the Minister is satisfied that payment of the instalment has caused, or is likely to cause, severe financial hardship to the applicant or to the person of whom the applicant is a carer. 116.5 When visa is in effect 116.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 116.6 Conditions 116.611 First entry must be made before a date specified by the Minister for the purpose. 116.612 Either or both of conditions 8502 and 8515 may be imposed. 116.7 Way of giving evidence 116.711 No evidence need be given. 116.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 117 Orphan Relative 117.1 Interpretation 117.111 In this Part: Australian relative means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Note dependent child, eligible New Zealand citizen, relative and settled are defined in regulation 1.03, orphan relative is defined in regulation 1.14, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A). 117.2 Primary criteria Note The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 117.21 Criteria to be satisfied at time of application 117.211 The applicant: (a) is an orphan relative of an Australian relative of the applicant; or (b) is not an orphan relative only because the applicant has been adopted by the Australian relative mentioned in paragraph (a). 117.212 The applicant is sponsored: (a) by the Australian relative, if the relative: (i) has turned 18; and (ii) is a settled Australian citizen, a settled Australian permanent resident, or a settled eligible New Zealand citizen; or (b) by the spouse or de facto partner of the Australian relative, if the spouse or de facto partner: (i) has turned 18; and (ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and (iii) cohabits with the Australian relative. 117.22 Criteria to be satisfied at time of decision 117.221 The applicant: (a) continues to satisfy the criterion in clause 117.211; or (b) does not continue to satisfy that criterion only because the applicant has turned 18. 117.222 The sponsorship referred to in clause 117.212 has been approved by the Minister and is still in force. 117.223 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 117.224 If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of the Department of Family and Community Services. 117.225 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 117 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 117 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 117.226 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 117.227 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 117.228 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. 117.3 Secondary criteria Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 117.31 Criteria to be satisfied at time of application 117.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 117.21. 117.312 The sponsorship referred to in clause 117.212 of the person who satisfies the primary criteria includes sponsorship of the applicant. 117.32 Criteria to be satisfied at time of decision 117.321 The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 117 visa. 117.322 The sponsorship referred to in clause 117.312 has been approved by the Minister and is still in force. 117.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 117.324 If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that: (a) the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of the Department of Family and Community Services; or (b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 117.325 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 117.326 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. 117.4 Circumstances applicable to grant 117.411 The applicant must be outside Australia when the visa is granted. 117.5 When visa is in effect 117.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 117.6 Conditions 117.611 First entry must be made before a date specified by the Minister for the purpose. 117.612 Either or both of conditions 8502 and 8515 may be imposed. 117.7 Way of giving evidence 117.711 No evidence need be given. 117.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 118 Designated Parent 118.1 Interpretation Note aged parent, close relative, dependent child, eligible New Zealand citizen, guardian, settled and working age parent are defined in regulation 1.03, balance of family test is defined in regulation 1.05, 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). 118.2 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. 118.21 Criteria to be satisfied at time of application 118.211 (1) The applicant: (a) made a valid application for a Parent (Migrant) (Class AX) visa in the period from 1 November 1998 to the end of 30 March 1999; and (b) meets the requirements of subclauses (2) and (3); and (c) meets the requirements of subclause (4) or (5). (2) A decision to grant, or to refuse to grant, the Parent (Migrant) (Class AX) visa was not made in the period from 1 November 1998 to the end of 30 March 1999. (3) The application for the Parent (Migrant) (Class AX) visa has not been withdrawn. (4) The applicant meets the requirements of this subclause if the applicant: (a) is a working age parent; and (b) has a dependent child in Australia who: (i) has not turned 18; and (ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen. (5) The applicant meets the requirements of this subclause if the applicant is an aged parent of a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen. 118.212 (1) If the applicant meets the requirements of subclause 118.211 (4), the applicant is sponsored: (a) by a person who: (i) is a close relative or guardian of a settled dependent child of the applicant who has not turned 18; and (ii) has turned 18; and (iii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or (b) by a community organisation. (2) In this clause: settled dependent child means a dependent child of the applicant who is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen. 118.213 (1) If the applicant meets the requirements of subclause 118.211 (5), the applicant is sponsored in accordance with subclause (2) or (3). (2) If the relevant child has turned 18, the applicant is sponsored by: (a) that child; or (b) that child's cohabiting spouse or de facto partner, if that 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. (3) If the relevant child has not turned 18, the applicant is sponsored: (a) by that child's cohabiting spouse, if that spouse: (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 a person who: (i) is a close relative or guardian of the relevant child; and (ii) has turned 18; and (iii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or (c) if the relevant child has a cohabiting spouse but the spouse has not turned 18 - by a person who: (i) is a close relative or guardian of the relevant child's spouse; and (ii) has turned 18; and (iii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or (d) by a community organisation. (4) In this clause: relevant child means a settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen. 118.214 The applicant satisfies the balance of family test. 118.22 Criteria to be satisfied at time of decision 118.221 The applicant continues to satisfy the criteria specified in clause 118.211. 118.222 The sponsorship referred to in clause 118.212 or 118.213 has been approved by the Minister and is still in force. 118.223 The applicant continues to satisfy the balance of family test. 118.224 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 118.225 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 118.226 The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 118.227 (1) Each member of the family unit of the applicant who is an applicant is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; 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 is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 118.228 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 118.3 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. 118.31 Criteria to be satisfied at time of application 118.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 118.21. 118.312 The sponsorship referred to in clause 118.212 or 118.213 of the person who satisfies the primary criteria includes sponsorship of the applicant. 118.32 Criteria to be satisfied at time of decision 118.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 118 visa. 118.322 The sponsorship referred to in clause 118.312 has been approved by the Minister and is still in force. 118.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 118.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 118.325 The Minister is satisfied that: (a) the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of the Department of Family and Community Services; or (b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 118.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 118.4 Circumstances applicable to grant 118.411 The applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 118.5 When visa is in effect 118.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 118.6 Conditions 118.611 First entry must be made before a date specified by the Minister for the purpose. 118.612 Either or both of conditions 8502 and 8515 may be imposed. 118.7 Way of giving evidence 118.711 Visa label affixed to a valid passport. Subclass 119 Regional Sponsored Migration Scheme 119.1 Interpretation 119.111 In this Part: regional Australia has the same meaning as in regulation 5.19. Note 1 For approved appointment, see regulation 5.19. Note 2 For functional English, see regulation 5.17. 119.2 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. 119.21 Criteria to be satisfied at time of application 119.211 (1) The applicant has been nominated by an employer, in accordance with subregulation 5.19 (4), for an appointment in the business of that employer. (2) For an applicant who is taken, under regulation 2.08C, to have applied for an Employer Nomination (Migrant) (Class AN) visa: (a) if the applicant applied for an Independent (Migrant) (Class AT) visa, the applicant: (i) had not turned 45 at the time of the application for an Independent (Migrant) (Class AT) visa; and (ii) has functional English; and (iii) has a diploma (within the meaning of subregulation 2.26 (5)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; or (b) if the applicant applied for a Skilled - Independent (Migrant) (Class BN) visa, the applicant: (i) had not turned 45 at the time of the application for a Skilled - Independent (Migrant) (Class BN) visa; and (ii) has vocational English; and (iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; or (c) if the applicant applied for a Skilled - Australian-sponsored (Migrant) (Class BQ) visa, the applicant: (i) had not turned 45 at the time of the application for a Skilled - Australian-sponsored (Migrant) (Class BQ) visa; and (ii) has vocational English; and (iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; or (d) if the applicant applied for a Skill Matching (Migrant) (Class BR) visa, the applicant: (i) had not turned 45 at the time of the application for a Skill Matching (Migrant) (Class BR) visa; and (ii) has functional English; and (iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment. (3) If subclause (2) does not apply, either: (a) if the applicant is mentioned in subparagraph 1114 (2) (a) (ii) of Schedule 1 - the applicant: (i) is less than 45 at the time of the application for a Skilled (Migrant) (Class VE) visa; and (ii) has competent English; and (iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; or (b) in any other case - unless exceptional circumstances apply, the applicant: (i) has not turned 45; and (ii) has functional English; and (iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification, that is relevant to the appointment. (4) If it is mandatory in Australia 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 under the appointment, the applicant is, or is eligible to become, the holder of the licence, the holder of the registration, or a member of the body. 119.212 If the appointment is an approved appointment, the period that has elapsed since it became an approved appointment does not exceed 6 months. 119.22 Criteria to be satisfied at time of decision 119.221 The appointment mentioned in subclause 119.211 (1): (a) has been approved; and (b) has not been withdrawn; and (c) continues to satisfy the criteria for approval; and (d) is still available to the applicant. Note See regulation 5.19 for the criteria for approval of the appointment. 119.222 The Minister is satisfied that the approved appointment will provide the employment referred to in the relevant employer nomination. 119.223 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (aa) if the applicant had turned 18 at the time of application, public interest criterion 4019; and (b) if the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 119.225 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 119 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and (b) if the person has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 119 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 119.226 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 119.227 The Minister is satisfied that: (a) the applicant is the holder of a valid passport that: (i) was issued to the applicant by an official source; and (ii) is in the form issued by the official source; or (b) it would be unreasonable to require the applicant to be the holder of a passport. 119.3 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. 119.31 Criteria to be satisfied at time of application 119.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the primary criteria in Subdivision 119.21. 119.312 Any nomination given in respect of the other person mentioned in clause 119.311 includes the applicant. 119.32 Criteria to be satisfied at time of decision 119.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 119 visa. 119.322 The applicant satisfies: (a) public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and (b) public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the applicant to undergo assessment in relation to that criterion; and (c) if the applicant had turned 18 at the time of application - public interest criterion 4019. 119.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 119.325 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 119.326 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. 119.4 Circumstances applicable to grant 119.411 The applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 119.5 When visa is in effect 119.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 119.6 Conditions 119.611 First entry must be made before a date specified by the Minister for the purpose. 119.612 Condition 8502 may be imposed. 119.7 Way of giving evidence 119.711 No evidence need be given. 119.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 120 Labour Agreement 120.1 Interpretation Note 1 For IASS agreement, see regulation 1.16B. Note 2 For labour agreement, see regulation 1.03. Note 3 For RHQ agreement, see regulation 1.16A. There are no interpretation provisions specific to this Part 120.2 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. 120.21 Criteria to be satisfied at time of application 120.211 (1) For an applicant, other than an applicant mentioned in subclause (5) or (6), the applicant meets the requirements of subclause (2), (3) or (4). (2) An applicant meets the requirements of this subclause if: (a) the applicant has been nominated to work in Australia, in accordance with a labour agreement that is in effect, by an employer that is a party to that labour agreement; and (b) the applicant has qualifications and experience that are suitable for the position to be taken by the applicant under the labour agreement; and (c) unless exceptional circumstances apply, the applicant has not turned 45; and (d) the requirements of the labour agreement have been met in relation to the application. (3) An applicant meets the requirements of this subclause if: (a) the applicant has been nominated to work in Australia, in accordance with an RHQ agreement that is in effect, by an employer that is a party to that RHQ agreement; and (b) the requirements of the RHQ agreement have been met in relation to the application. (4) An applicant meets the requirements of this subclause if: (a) the applicant has been nominated to work in Australia, in accordance with an IASS agreement that is in effect, by an employer that is a party to that IASS agreement; and (b) the applicant has qualifications and experience that are suitable for the position to be taken by the applicant under the IASS agreement; and (c) unless exceptional circumstances apply, the applicant has not turned 45; and (d) the requirements of the IASS agreement have been met in relation to the application. (5) For an applicant who, under regulation 2.08C, is taken to have applied for a Labour Agreement (Migrant) (Class AU) visa, and who seeks to enter Australia to work in accordance with a labour agreement: (a) the applicant has been nominated to work in Australia, in accordance with a labour agreement that is in effect, by an employer that is a party to that labour agreement; and (b) the applicant has qualifications and experience that are suitable for the position to be taken by the applicant under the labour agreement; and (c) the applicant had not turned 45 at the time of the application for an Independent (Migrant) (Class AT) visa, a Skilled - Independent (Migrant) (Class BN) visa or a Skill Matching (Migrant) (Class BR) visa; and (d) the requirements of the labour agreement have been met in relation to the application. (6) For an applicant who seeks to enter Australia to work in accordance with a labour agreement, and who is mentioned in subparagraph 1121 (2) (a) (ii) of Schedule 1: (a) the applicant has been nominated to work in Australia, in accordance with a labour agreement that is in effect, by an employer that is a party to that labour agreement; and (b) the applicant has qualifications and experience that are suitable for the position to be taken by the applicant under the labour agreement; and (c) the applicant was less than 45 at the time of the application for a Skilled (Residence) (Class VE) visa; and (d) the requirements of the labour agreement have been met in relation to the application; and (e) the applicant has competent English; and (f) the applicant has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is relevant to the appointment. 120.22 Criteria to be satisfied at time of decision 120.221 The Minister is satisfied that the applicant is to be employed or engaged in Australia in accordance with the standards for wages and working conditions under relevant Australian legislation and awards. 120.222 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (aa) if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and (b) if the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 120.224 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 120 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and (b) if the person has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 120 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 120.225 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 120.226 (1) The applicant meets the requirements of subclause (2), (3) or (4). (2) An applicant meets the requirements of this subclause if: (a) the employer mentioned in subclause 120.211 (2) or (5) is a party to a labour agreement that is in effect; and (b) the nomination mentioned in subclause 120.211 (2) or (5): (i) has been approved; and (ii) has not been withdrawn; and (c) the position specified in the nomination is still available to the applicant. (3) An applicant meets the requirements of this subclause if: (a) the employer mentioned in subclause 120.211 (3) is a party to an RHQ agreement that is in effect; and (b) the nomination mentioned in subclause 120.211 (3): (i) has been approved; and (ii) has not been withdrawn; and (c) the position specified in the nomination is still available to the applicant. (4) An applicant meets the requirements of this subclause if: (a) the employer mentioned in subclause 120.211 (4) is a party to an IASS agreement that is in effect; and (b) the nomination mentioned in subclause 120.211 (4): (i) has been approved; and (ii) has not been withdrawn; and (c) the position specified in the nomination is still available to the applicant. 120.227 The Minister is satisfied that: (a) the applicant is the holder of a valid passport that: (i) was issued to the applicant by an official source; and (ii) is in the form issued by the official source; or (b) it would be unreasonable to require the applicant to be the holder of a passport. 120.3 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. 120.31 Criteria to be satisfied at time of application 120.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in Subdivision 120.21. 120.312 Any nomination given in respect of the other person mentioned in clause 120.311 includes the applicant. 120.32 Criteria to be satisfied at time of decision 120.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 120 visa. 120.322 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. 120.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 120.325 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 120.326 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. 120.4 Circumstances applicable to grant 120.411 The applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 120.5 When visa is in effect 120.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from date of grant. 120.6 Conditions 120.611 First entry must be made before a date specified by the Minister for the purpose. 120.612 Condition 8502 may be imposed. 120.7 Way of giving evidence 120.711 No evidence need be given. 120.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 121 Employer Nomination 121.1 Interpretation Note 1 approved appointment is defined in regulation 5.19. Note 2 For vocational English, see regulation 1.15B. Note 3 There are no interpretation provisions specific to this Part. 121.2 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. 121.21 Criteria to be satisfied at time of application 121.210 For an applicant who has been nominated by an employer for an appointment in the business of that employer, and who is mentioned in subparagraph 1114 (2) (a) (ii): (a) the applicant was less than 45 at the time of the application for a Skilled (Migrant) (Class VE) visa; and (b) the applicant has competent English; and (c) the applicant has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment. 121.211A For an applicant who has been nominated by an employer for an appointment in the business of that employer and who is taken, under regulation 2.08C, to have applied for an Employer Nomination (Migrant) (Class AN) visa: (a) if the applicant applied for an Independent (Migrant) (Class AT) visa, the applicant: (i) had not turned 45 at the time of the application for an Independent (Migrant) (Class AT) visa; and (ii) has functional English; and (iii) has a diploma (within the meaning of subregulation 2.26 (5)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; and (b) if the applicant applied for a Skilled - Independent (Migrant) (Class BN) visa, the applicant: (i) had not turned 45 at the time of the application for a Skilled - Independent (Migrant) (Class BN) visa; and (ii) has vocational English; and (iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; and (c) if the applicant applied for a Skilled - Australian-sponsored (Migrant) (Class BQ) visa, the applicant: (i) had not turned 45 at the time of the application for a Skilled - Australian-sponsored (Migrant) (Class BQ) visa; and (ii) has vocational English; and (iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; and (d) if the applicant applied for a Skill Matching (Migrant) (Class BR) visa, the applicant: (i) had not turned 45 at the time of the application for a Skill Matching (Migrant) (Class BR) visa; and (ii) has functional English; and (iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment. 121.211 If clauses 121.210 and 121.211A do not apply, each of the following is satisfied: (a) the applicant has been nominated by an employer, in accordance with subregulation 5.19 (2), for an appointment in the business of that employer; (b) either: (i) both of the following are met: (A) an assessing authority specified by the Minister in a Gazette Notice for this sub- subparagraph as the assessing authority for the occupation to which the appointment relates has assessed the applicant's skills as suitable; (B) unless exceptional circumstances apply, the applicant has been employed in the occupation to which the appointment relates for at least 3 years before making the application; or (ii) the applicant will be paid a salary in the nominated position that is at least the amount of salary specified in a Gazette Notice for this subparagraph; (c) the applicant: (i) unless exceptional circumstances apply, has not turned 45; and (ii) unless exceptional circumstances apply, has vocational English. 121.212 If the appointment is an approved appointment, the period that has elapsed since it became an approved appointment does not exceed 6 months. 121.213 If it is mandatory in Australia 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 under the appointment, the applicant is, or is eligible to become, the holder of the licence, the holder of the registration, or a member of the body. 121.22 Criteria to be satisfied at time of decision 121.221 The appointment mentioned in paragraph 121.211 (a): (a) has been approved; and (b) has not been withdrawn; and (c) continues to satisfy the criteria for approval; and (d) is still available to the applicant. Note See regulation 5.19 for the criteria for approval of the appointment. 121.223 The Minister is satisfied that the approved appointment will provide the employment referred to in the relevant employer nomination. 121.224 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (aa) if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and (b) if the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 121.226 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 121 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and (b) if the person has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 121 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 121.227 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 121.228 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. 121.3 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. 121.31 Criteria to be satisfied at time of application 121.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in Subdivision 121.21. 121.312 Any nomination given in respect of the other person mentioned in clause 121.311 includes the applicant. 121.32 Criteria to be satisfied at time of decision 121.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 121 visa. 121.322 The applicant satisfies: (a) public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and (b) public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the applicant to undergo assessment in relation to that criterion; and (c) public interest criterion 4019, if the applicant had turned 18 at the time of application. 121.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 121.325 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 121.326 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. 121.4 Circumstances applicable to grant 121.411 The applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 121.5 When visa is in effect 121.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 121.6 Conditions 121.611 First entry must be made before a date specified by the Minister for the purpose. 121.612 Condition 8502 may be imposed. 121.7 Way of giving evidence 121.711 No evidence need be given. 121.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 124 Distinguished Talent 124.1 Interpretation Note eligible New Zealand citizen is defined in regulation 1.03. No interpretation provisions specific to this Part. 124.2 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. 124.21 Criteria to be satisfied at time of application 124.211 (1) The applicant meets the requirements of subclause (2) or (4). (2) The applicant: (a) has an internationally recognised record of exceptional and outstanding achievement in one of the following areas: (i) a profession; (ii) a sport; (iii) the arts; (iv) academia and research; and (b) is still prominent in the area; and (c) would be an asset to the Australian community; and (d) would have no difficulty in obtaining employment, or in becoming established independently, in Australia in the area; and (e) produces a completed approved form 1000; and Note An approved form 1000 requires the applicant's record of achievement in an area (as mentioned in paragraph (a)) to be attested to by: (a) an Australian citizen; or (b) an Australian permanent resident; or (c) an eligible New Zealand citizen; or (d) an Australian organisation; who has a national reputation in relation to the area. (f) if the applicant has not turned 18, or is at least 55 years old, at the time of application - would be of exceptional benefit to the Australian community. (4) The applicant meets the requirements of this subclause if, in the opinion of the Minister, acting on the advice of: (a) the Minister responsible for an intelligence or security agency within the meaning of the Australian Security Intelligence Organisation Act 1979; or (b) the Director-General of Security; the applicant has provided specialised assistance to the Australian Government in matters of security. 124.22 Criteria to be satisfied at time of decision 124.221 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. 124.222 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 124.224 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 124 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and (b) if the person has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 124 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004 and 4010; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 124.225 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 124.226 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 124.227 The Minister is satisfied that: (a) the applicant is the holder of a valid passport that: (i) was issued to the applicant by an official source; and (ii) is in the form issued by the official source; or (b) it would be unreasonable to require the applicant to be the holder of a passport. 124.3 Secondary criteria Note 1 These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. Note 2 For an applicant for a Distinguished Talent (Migrant) (Class AL) visa who has not turned 18, subregulation 1.12 (6) sets out a specific definition of member of the family unit in addition to the operation of subregulation 1.12 (1). For an applicant who has turned 18, see subregulation 1.12 (1). 124.31 Criteria to be satisfied at time of application 124.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in Subdivision 124.21. 124.32 Criteria to be satisfied at time of decision 124.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 124 visa. 124.322 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. 124.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 124.325 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 124.326 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. 124.4 Circumstances applicable to grant 124.411 The applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 124.5 When visa is in effect 124.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from date of grant. 124.6 Conditions 124.611 First entry must be made before a date specified by the Minister for the purpose. 124.612 Condition 8502 may be imposed. 124.7 Way of giving evidence 124.711 No evidence need be given. 124.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 126 Independent 126.1 Interpretation 126.111 In this Part: usual occupation, in relation to an applicant, has the meaning set out in subregulation 2.26 (5). Note working age is defined in regulation 1.03. For vocational English, see regulation 1.15B. 126.2 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. 126.21 Criteria to be satisfied at time of application 126.211 The applicant is of working age. 126.22 Criteria to be satisfied at time of decision 126.221 The applicant has the qualifying score when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act. Note The Subdivision of the Act mentioned (ss 92 to 96) provides for the application of a points system under which applicants for relevant visas are given an assessed score based on the prescribed number of points for particular attributes, which is assessed against the relevant pool mark and pass mark. The prescribed points and the manner of their allocation are provided for in Division 2.6 (see regulation 2.26) and Schedule 6 of these Regulations. Pool marks and pass marks are set from time to time by the Minister by notice in the Gazette (s 96 of the Act). 126.222 If the usual occupation of the applicant is an occupation included in the Occupations Requiring English List, the applicant has vocational English. 126.223 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 126.224 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 126.225 If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of the Department of Family and Community Services. 126.226 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 126 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; 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 126 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 126.227 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 126.228 Approval of the application would not result in either: (a) the number of Subclass 126 visas granted in a financial year exceeding the maximum number of Subclass 126 visas, as determined by Gazette Notice, that may be granted in that financial year; or (b) the number of visas of particular classes (including Subclass 126) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in a financial year. 126.3 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. 126.31 Criteria to be satisfied at time of application 126.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 126.21. 126.32 Criteria to be satisfied at time of decision 126.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 126 visa. 126.322 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 126.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 126.324 If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that: (a) the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of the Department of Family and Community Services; or (b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 126.325 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 126.4 Circumstances applicable to grant 126.411 The applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 126.5 When visa is in effect 126.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 126.6 Conditions 126.611 First entry must be made before a date specified by the Minister for the purpose. 126.612 If the applicant satisfies the secondary criteria, either or both of conditions 8502 and 8514 may be imposed. 126.613 Condition 8515 may be imposed. 126.7 Way of giving evidence 126.711 Visa label affixed to a valid passport. Subclass 132 Business Talent 132.1 Interpretation Note 1 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. 132.2 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. 132.21 Criteria to be satisfied at time of application 132.211 The applicant has overall had a successful business career. 132.212 For at least 2 of the 4 fiscal years immediately before the application is made: (a) the net value of the assets of: (i) the applicant; or (ii) the applicant's spouse or de facto partner; or (iii) the applicant and his or her spouse or de facto partner together; in a qualifying business or qualifying businesses in which the applicant had an ownership interest was at least AUD400 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. 132.213 For at least 2 of the 4 fiscal years immediately before the application is made, the applicant's main business, or the applicant's main businesses together, had an annual turnover of at least AUD3 000 000. 132.214 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 AUD1 500 000; 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 132 visa. 132.215 The applicant: (a) is less than 55 years old; or (b) is proposing to establish or participate in a business that the sponsoring State or Territory has determined is of exceptional economic benefit to the State or Territory. 132.216 Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business activities that are of a nature that is not generally acceptable in Australia. 132.217 The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Subclass 132 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. 132.218 The applicant has signed a declaration that the applicant understands his or her obligations as the holder of a Subclass 132 visa. 132.22 Criteria to be satisfied at time of decision 132.221 The applicant continues to satisfy the criteria in clauses 132.211, 132.214, 132.216 and 132.217. 132.222 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. 132.223 (1) The applicant is sponsored by a State or Territory. (2) Form 1224 is signed by the Premier or Chief Minister, or by a person authorised to do so by the Premier or Chief Minister, of that State or Territory. 132.224 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 132.225 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 132 visa: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; 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 132 visa: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 132.226 If a person: (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant; public interest criteria 4015 and 4016 are satisfied in relation to the person. 132.227 The Minister is satisfied that: (a) the applicant is the holder of a valid passport that: (i) was issued to the applicant by an official source; and (ii) is in the form issued by the official source; or (b) it would be unreasonable to require the applicant to be the holder of a passport. 132.3 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. 132.31 Criteria to be satisfied at time of application 132.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 132.21. 132.32 Criteria to be satisfied at time of decision 132.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 132 visa. 132.322 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. 132.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 132.324 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 132.325 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. 132.4 Circumstances applicable to grant 132.411 The applicant may be in or outside Australia, but not in immigration clearance. Note The second instalment of the visa application charge must be paid before the visa can be granted. 132.5 When visa is in effect 132.511 Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant. 132.6 Conditions 132.611 If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose. 132.612 If the applicant is outside Australia when the visa is granted, either or both of conditions 8502 and 8515 may be imposed. 132.7 Way of giving evidence 132.711 No evidence need be given. 132.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 134 Skill Matching 134.1 Interpretation 134.111 In this Part: completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award. Note The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred. course of study has the meaning given by subregulation 2.26A (7A). degree and diploma have the meanings given in subregulation 2.26A (6). employed has the meaning given in subregulation 2.26A (7). trade qualification has the meaning given in subregulation 2.26A (6). Note 1 For relevant assessing authority and skilled occupation, see regulation 1.03. Note 2 For vocational English, see regulation 1.15B. 134.2 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. 134.21 Criteria to be satisfied at time of application 134.210 The application must be made before 1 September 2007. 134.212 The applicant has functional English. 134.213 The applicant has nominated a skilled occupation in his or her application. 134.214 (1) The skills of the applicant for the nominated skilled occupation have been assessed by the relevant assessing authority as suitable for that occupation. (2) If the assessment mentioned in subclause (1) is made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full time study of a registered course. 134.215 (1) Subject to subclause (2), the applicant has been employed in a skilled occupation for a period of, or for periods totalling, at least 6 months in the period of 12 months immediately before the day on which the application was made. (2) Subclause (1) does not apply to an applicant if: (a) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of at least 2 years at that institution while the applicant was present in Australia; (ii) the degree, diploma or trade qualification is relevant to the skilled occupation nominated by the applicant in his or her application; (iii) all instruction for that degree, diploma or trade qualification was conducted in English; or (b) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of less than 2 years at that institution while the applicant was present in Australia; (ii) before completing that degree, diploma or trade qualification, the applicant completed at least 1 other degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by that institution, or another Australian educational institution, as a result of a course of study, while the applicant was present in Australia; (iii) the 2 or more degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) were completed as a result of 1 or more courses of study undertaken over a total of at least 2 years while the applicant was present in Australia; (iv) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was completed at the institution at which it was commenced; (v) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) is relevant to the skilled occupation nominated by the applicant in his or her application; (vi) all instruction for each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was conducted in English. 134.216 The applicant has provided the personal and occupational information required for inclusion in Immigration's skill matching database. 134.22 Criteria to be satisfied at time of decision 134.221 No evidence has become available since the time of application that the information given or used as part of the assessment mentioned in paragraph 1128AA (3) (c) of Schedule 1 is false or misleading in a material particular. 134.222 (1) The applicant has been nominated by a State or Territory government agency and the nomination has been accepted by the Minister within 2 years after it was established that the applicant satisfies the primary criteria in Subdivision 134.21. (2) A nomination made under subclause (1) must be: (a) made on Form 1100; and (b) lodged at an office of Immigration in the relevant State or Territory. (3) The Minister must not accept a nomination if its acceptance would result in the number of Subclass 134 visa nominations made in a financial year, for a State or Territory, exceeding the maximum number of Subclass 134 visa nominations, as determined by an instrument in writing for this subclause, that may be accepted, for that State or Territory, in that financial year. 134.222A (1) The applicant has been employed in a skilled occupation for at least 6 months in the 12 months immediately before the day when the application was made. (2) Subclause (1) does not apply to an applicant if: (a) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of at least 2 years at that institution while the applicant was present in Australia; (ii) the degree, diploma or trade qualification is relevant to the skilled occupation nominated by the applicant in his or her application; (iii) all instruction for that degree, diploma or trade qualification was conducted in English; or (b) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of less than 2 years at that institution while the applicant was present in Australia; (ii) before completing that degree, diploma or trade qualification, the applicant completed at least 1 other degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by that institution, or another Australian educational institution, as a result of a course of study, while the applicant was present in Australia; (iii) the 2 or more degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) were completed as a result of 1 or more courses of study undertaken over a total of at least 2 years while the applicant was present in Australia; (iv) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was completed at the institution at which it was commenced; (v) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) is relevant to the skilled occupation nominated by the applicant in his or her application; (vi) all instruction for each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was conducted in English. 134.222B (3) In determining whether the applicant satisfies a criterion that he or she has been employed in a skilled occupation for a certain period, a period of employment in Australia must not be counted unless the applicant: (a) held: (i) a substantive visa; or (ii) a Subclass 010 Bridging A visa; or (iii) a Subclass 020 Bridging B visa; authorising him or her to work during that period; and (b) complied with the conditions of that visa. 134.222C (1) The applicant: (a) has vocational English; or (b) has functional English and meets the requirements of subclause (2). (2) The requirements are that: (a) the applicant has been nominated under clause 134.222 by a State or Territory specified by an instrument in writing for this paragraph as a State or Territory in which arrangements are established for suitable English language training for applicants to whom this paragraph applies; and (b) the Minister is satisfied that the applicant has paid any fee or charge for that training. 134.222D If: (a) the applicant is the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa; or (b) the last substantive visa held by the applicant since last entering Australia was a Skilled - Independent Regional (Provisional) (Class UX) visa; the applicant must have lived for at least 2 years in total, as the holder of 1 or more: (c) Skilled - Independent Regional (Provisional) (Class UX) visas; and (d) Bridging A (Class WA) visas, or Bridging B (Class WB) visas, granted because the applicant made a valid application for a Skilled - Independent Regional (Provisional) (Class UX) visa; in a part of Australia that, at the time when a visa mentioned in paragraph (c) or a bridging visa mentioned in paragraph (d) was granted, was specified in an instrument in writing for item 6A1001 of Schedule 6A. 134.222E If: (a) the applicant is the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa; or (b) the last substantive visa held by the applicant since last entering Australia was a Skilled - Independent Regional (Provisional) (Class UX) visa; the applicant must have worked full time for at least 12 months in total, as the holder of 1 or more: (c) Skilled - Independent Regional (Provisional) (Class UX) visas; and (d) Bridging A (Class WA) visas, or Bridging B (Class WB) visas, granted because the applicant made a valid application for a Skilled - Independent Regional (Provisional) (Class UX) visa; in a part of Australia that, at the time when a visa mentioned in paragraph (c) or a bridging visa mentioned in paragraph (d) was granted, was specified in an instrument in writing for item 6A1001 of Schedule 6A. 134.222F If: (a) the applicant is the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa; or (b) the last substantive visa held by the applicant since last entering Australia was a Skilled - Independent Regional (Provisional) (Class UX) visa; the applicant has complied with the conditions of that visa. 134.223 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 134.224 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 134.226 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 134 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; 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 134 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 134.227 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 134.228 Approval of the application would not result in either: (a) the number of Subclass 134 visas granted in a financial year exceeding the maximum number of Subclass 134 visas, as determined by an instrument in writing for this paragraph, that may be granted in that financial year; or (b) the number of visas of particular classes (including Subclass 134) granted in a financial year exceeding the maximum number of visas of those classes, as determined by an instrument in writing for this paragraph, that may be granted in a financial year. 134.229 The Minister is satisfied that: (a) the applicant is the holder of a valid passport that: (i) was issued to the applicant by an official source; and (ii) is in the form issued by the official source; or (b) it would be unreasonable to require the applicant to be the holder of a passport. 134.3 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. 134.31 Criteria to be satisfied at time of application 134.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 134.21. 134.32 Criteria to be satisfied at time of decision 134.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 134 visa. 134.322 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 134.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 134.325 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 134.326 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. 134.4 Circumstances applicable to grant 134.411 The applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 134.5 When visa is in effect 134.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 134.6 Conditions 134.611 First entry must be made before a date specified by the Minister for the purpose. 134.612 If the applicant satisfies the secondary criteria, either or both of conditions 8502 and 8514 may be imposed. 134.613 Condition 8515 may be imposed. 134.7 Way of giving evidence 134.711 No evidence need be given. 134.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 135 State/Territory-nominated Independent 135.1 Interpretation 135.111 In this Part: medical practitioner includes a specialist medical practitioner. usual occupation, in relation to an applicant, has the meaning set out in subregulation 2.26 (5). Note working age is defined in regulation 1.03 and vocational English is defined in regulation 1.15B. 135.2 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. 135.21 Criteria to be satisfied at time of application 135.211 The applicant is less than 45 years of age. 135.22 Criteria to be satisfied at time of decision 135.221 The applicant has a degree, diploma or trade certificate (within the meaning of subregulation 2.26 (5)) or a higher qualification, but: (a) does not have a usual occupation as a medical practitioner; and (b) has not obtained a medical qualification within a period of 5 years immediately before the time of application. 135.222 (1) The applicant has been nominated by a State or Territory government agency and the nomination has been accepted by the Minister. (2) A nomination made under subclause (1) must be: (a) made on the approved form; and (b) lodged at an office of Immigration in the relevant State or Territory. (3) The Minister must not accept a nomination if its acceptance would result in the number of Subclass 135 visa nominations made in a financial year, for a State or Territory, exceeding the maximum number of Subclass 135 visa nominations, as determined by Gazette Notice, that may be accepted, for that State or Territory, in that financial year. 135.223 The applicant has a score that is equal to, or more than, the pool mark specified in relation to this Subclass when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act. Note The Subdivision of the Act mentioned (ss 92 to 96) provides for the application of a "points" system under which applicants for relevant visas are given an assessed score based on the prescribed number of points for particular attributes, which is assessed against the relevant pool mark and pass mark. The prescribed points and the manner of their allocation are provided for in Division 2.6 (see regulation 2.26) and Schedule 6 of these Regulations. Pool marks and pass marks are set from time to time by the Minister by notice in the Gazette (s 96 of the Act). 135.224 (1) If the usual occupation of the applicant is an occupation included in the Occupations Requiring English List, the applicant has vocational English. (2) If the usual occupation of the applicant is an occupation that is not included in the Occupations Requiring English List, the applicant has functional English. 135.225 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (b) if the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 135.226 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 the Department of Family and Community Services. 135.227 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 135 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; 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 135 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 135.228 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 135.229 Approval of the application would not result in the number of visas of particular classes (including Subclass 135) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in a financial year. 135.3 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. 135.31 Criteria to be satisfied at time of application 135.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 135.21. 135.32 Criteria to be satisfied at time of decision 135.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 135 visa. 135.322 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 135.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 135.324 If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that: (a) the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of the Department of Family and Community Services; or (b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 135.325 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 135.4 Circumstances applicable to grant 135.411 The applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 135.5 When visa is in effect 135.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 135.6 Conditions 135.611 First entry must be made before a date specified by the Minister for the purpose. 135.612 If the applicant satisfies the secondary criteria, either or both of conditions 8502 and 8514 may be imposed. 135.613 Condition 8515 may be imposed. 135.7 Way of giving evidence 135.711 Visa label affixed to a valid passport. Subclass 136 Skilled - Independent 136.1 Interpretation 136.111 In this Part: completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award. Note The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred. course of study has the meaning given by subregulation 2.26A (7A). degree and diploma have the meanings given in subregulation 2.26A (6). employed has the meaning given in subregulation 2.26A (7). trade qualification has the meaning given in subregulation 2.26A (6). Note 1 For relevant assessing authority and skilled occupation, see regulation 1.03. Note 2 For vocational English, see regulation 1.15B. 136.2 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. 136.21 Criteria to be satisfied at time of application 136.210 The application must be made before 1 September 2007. 136.212 The applicant has nominated a skilled occupation in his or her application. 136.213 (1) Subject to subclause (2), the applicant has been employed in a skilled occupation: (a) if 60 points are specified by an instrument in writing for this paragraph as available for the skilled occupation nominated in the application - for a period of, or for periods totalling, at least 12 months in the period of 18 months immediately before the day on which the application was made; or (b) if 40 or 50 points are specified by an instrument in writing for this paragraph as available for the skilled occupation nominated in the application - for a period of, or for periods totalling, at least 24 months in the period of 36 months immediately before the day on which the application was made. (2) Subclause (1) does not apply to an applicant if: (a) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of at least 2 years at that institution while the applicant was present in Australia; (ii) the degree, diploma or trade qualification is relevant to the skilled occupation nominated by the applicant in his or her application; (iii) all instruction for that degree, diploma or trade qualification was conducted in English; or (b) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of less than 2 years at that institution while the applicant was present in Australia; (ii) before completing that degree, diploma or trade qualification, the applicant completed at least 1 other degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by that institution, or another Australian educational institution, as a result of a course of study, while the applicant was present in Australia; (iii) the 2 or more degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) were completed as a result of 1 or more courses of study undertaken over a total of at least 2 years while the applicant was present in Australia; (iv) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was completed at the institution at which it was commenced; (v) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) is relevant to the skilled occupation nominated by the applicant in his or her application; (vi) all instruction for each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was conducted in English. 136.214 If: (a) the applicant is the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa; or (b) the last substantive visa held by the applicant since last entering Australia was a Skilled - Independent Regional (Provisional) (Class UX) visa; the applicant has complied with the conditions of that visa. 136.22 Criteria to be satisfied at time of decision 136.221 If regulation 2.27B applies, the applicant provides, for the purposes of the application, the assessment of his or her skills mentioned in subregulation 2.27B (4). 136.222 If the assessment mentioned in paragraph 1128C (3) (c) of Schedule 1 was made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full-time study of a registered course. 136.223 The applicant has the qualifying score when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act. Note That Subdivision of the Act provides in ss 92 to 96 for the application of a points system, under which applicants for relevant visas are given an assessed score based on the prescribed number of points for particular attributes, which is assessed against the relevant pool mark and pass mark. The prescribed points and the manner of their allocation are provided for in Division 2.2 (see regulation 2.26A), and Schedule 6A, of these regulations. Pool marks and pass marks are set from time to time by the Minister by notice in the Gazette (Act, s 96). 136.223A (1) The applicant has been employed in a skilled occupation: (a) if 60 points are specified by an instrument in writing for this paragraph as available for the skilled occupation nominated in the application - for at least 12 months in the 18 months immediately before the day when the application was made; or (b) if 40 or 50 points are specified by an instrument in writing for this paragraph as available for the skilled occupation nominated in the application - for at least 24 months in the 36 months immediately before the day when the application was made. (2) Subclause (1) does not apply to an applicant if: (a) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of at least 2 years at that institution while the applicant was present in Australia; (ii) the degree, diploma or trade qualification is relevant to the skilled occupation nominated by the applicant in his or her application; (iii) all instruction for that degree, diploma or trade qualification was conducted in English; or (b) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of less than 2 years at that institution while the applicant was present in Australia; (ii) before completing that degree, diploma or trade qualification, the applicant completed at least 1 other degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by that institution, or another Australian educational institution, as a result of a course of study, while the applicant was present in Australia; (iii) the 2 or more degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) were completed as a result of 1 or more courses of study undertaken over a total of at least 2 years while the applicant was present in Australia; (iv) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was completed at the institution at which it was commenced; (v) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) is relevant to the skilled occupation nominated by the applicant in his or her application; (vi) all instruction for each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was conducted in English. 136.223B In determining whether the applicant satisfies a criterion that he or she has been employed in a skilled occupation for a certain period, a period of employment in Australia must not be counted unless the applicant: (a) held: (i) a substantive visa; or (ii) a Subclass 010 Bridging A visa; or (iii) a Subclass 020 Bridging B visa; authorising him or her to work during that period; and (b) complied with the conditions of that visa. 136.224 The applicant has vocational English. 136.225 No evidence has become available since the time of application that the information given or used as part of the assessment mentioned in paragraph 1128C (3) (c) of Schedule 1 is false or misleading in a material particular. 136.226 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 136.227 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 136.229 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 136 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; 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 136 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 136.230 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. 136.231 Approval of the application would not result in either: (a) the number of Subclass 136 visas granted in a financial year exceeding the maximum number of Subclass 136 visas, as determined by an instrument in writing for this paragraph, that may be granted in that financial year; or (b) the number of visas of particular classes (including Subclass 136) granted in a financial year exceeding the maximum number of visas of those classes, as determined by an instrument in writing for this paragraph, that may be granted in that financial year. 136.232 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. 136.233 If the applicant's qualifying score when assessed for the visa under Subdivision B of Division 3 of Part 2 of the Act included (or, under subregulation 2.26A (5A), was taken to have included) the bonus points relating to a designated security mentioned in paragraph (a) of item 6A82 of Part 8 of Schedule 6A, the applicant has deposited at least AUD100 000 in a designated security for a term of not less than 12 months. 136.3 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. 136.31 Criteria to be satisfied at time of application 136.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 136.21. 136.312 If: (a) the applicant is the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa; or (b) the last substantive visa held by the applicant since last entering Australia was a Skilled - Independent Regional (Provisional) (Class UX) visa; the applicant has complied with the conditions of that visa. 136.32 Criteria to be satisfied at time of decision 136.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 136 visa. 136.322 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 136.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 136.325 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 136.326 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. 136.4 Circumstances applicable to grant 136.411 The applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 136.5 When visa is in effect 136.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 136.6 Conditions 136.611 First entry must be made before a date specified by the Minister for the purpose. 136.612 If the applicant satisfies the secondary criteria, either or both of conditions 8502 and 8514 may be imposed. 136.613 Condition 8515 may be imposed. 136.7 Way of giving evidence 136.711 No evidence need be given. 136.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 137 Skilled - State/Territory- nominated Independent 137.1 Interpretation 137.111 In this Part: completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award. Note The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred. course of study has the meaning given by subregulation 2.26A (7A). degree and diploma have the meanings given in subregulation 2.26A (6). employed has the meaning given in subregulation 2.26A (7). trade qualification has the meaning given in subregulation 2.26A (6). Note 1 For relevant assessing authority and skilled occupation, see regulation 1.03. Note 2 For member of the family unit, see regulation 1.12. Note 3 For vocational English, see regulation 1.15B. 137.2 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. 137.21 Criteria to be satisfied at time of application 137.210 The application must be made before 1 September 2007. 137.213 If the assessment mentioned in paragraph 1128C (3) (c) of Schedule 1 was made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full-time study of a registered course. 137.214 (1) Subject to subclause (2), if the applicant: (a) is not the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa on the basis of satisfying the primary criteria for the grant of that visa; and (b) is not the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa, but is the spouse or de facto partner, or former spouse or former de facto partner, of a person who is or was the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa on the basis of satisfying the primary criteria for the grant of that visa; the applicant has been employed in a skilled occupation: (c) if 60 points are specified by an instrument in writing for this paragraph as available for the skilled occupation nominated in the application - for a period of, or for periods totalling, at least 12 months in the period of 18 months immediately before the day on which the application was made; or (d) if 40 or 50 points are specified by an instrument in writing for this paragraph as available for the skilled occupation nominated in the application - for a period of, or for periods totalling, at least 24 months in the period of 36 months immediately before the day on which the application was made. (2) Subclause (1) does not apply to an applicant if: (a) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of at least 2 years at that institution while the applicant was present in Australia; (ii) the degree, diploma or trade qualification is relevant to the skilled occupation nominated by the applicant in his or her application; (iii) all instruction for that degree, diploma or trade qualification was conducted in English; or (b) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of less than 2 years at that institution while the applicant was present in Australia; (ii) before completing that degree, diploma or trade qualification, the applicant completed at least 1 other degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by that institution, or another Australian educational institution, as a result of a course of study, while the applicant was present in Australia; (iii) the 2 or more degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) were completed as a result of 1 or more courses of study undertaken over a total of at least 2 years while the applicant was present in Australia; (iv) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was completed at the institution at which it was commenced; (v) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) is relevant to the skilled occupation nominated by the applicant in his or her application; (vi) all instruction for each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was conducted in English. 137.215 If: (a) the applicant is the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa; or (b) the last substantive visa held by the applicant since last entering Australia was a Skilled - Independent Regional (Provisional) (Class UX) visa; the applicant must have lived for at least 2 years in total, as the holder of 1 or more: (c) Skilled - Independent Regional (Provisional) (Class UX) visas; and (d) Bridging A (Class WA) visas, or Bridging B (Class WB) visas, granted because the applicant made a valid application for a Skilled - Independent Regional (Provisional) (Class UX) visa; in a part of Australia that, at the time when a visa mentioned in paragraph (c) or a bridging visa mentioned in paragraph (d) was granted, was specified in an instrument in writing for item 6A1001 of Schedule 6A. 137.215A If: (a) the applicant is the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa; or (b) the last substantive visa held by the applicant since last entering Australia was a Skilled - Independent Regional (Provisional) (Class UX) visa; the applicant must have worked full time for at least 12 months in total, as the holder of 1 or more: (c) Skilled - Independent Regional (Provisional) (Class UX) visas; and (d) Bridging A (Class WA) visas, or Bridging B (Class WB) visas, granted because the applicant made a valid application for a Skilled - Independent Regional (Provisional) (Class UX) visa; in a part of Australia that, at the time when a visa mentioned in paragraph (c) or a bridging visa mentioned in paragraph (d) was granted, was specified in an instrument in writing for item 6A1001 of Schedule 6A. 137.216 If: (a) the applicant is the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa; or (b) the last substantive visa held by the applicant since last entering Australia was a Skilled - Independent Regional (Provisional) (Class UX) visa; the applicant has complied with the conditions of that visa. 137.22 Criteria to be satisfied at time of decision 137.221 If the applicant: (a) is not the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa on the basis of satisfying the primary criteria for the grant of that visa; and (b) is not the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa, but is the spouse or de facto partner, or former spouse or former de facto partner, of a person who is or was the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa on the basis of satisfying the primary criteria for the grant of that visa; the applicant has a score that is equal to, or more than, the pool mark when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act. Note That Subdivision of the Act provides in sections 92 to 96 for the application of a points system, under which applicants for relevant visas are given an assessed score based on the prescribed number of points for particular attributes, which is assessed against the relevant pool mark and pass mark. The prescribed points and the manner of their allocation are provided for in Division 2.2 of Part 2 (see regulation 2.26A), and Schedule 6A, of these Regulations. Pool marks and pass marks are set from time to time by the Minister by notice in the Gazette (Act, section 96). 137.221A (1) If the applicant: (a) is not the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa on the basis of satisfying the primary criteria for the grant of that visa; and (b) is not the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa, but is the spouse or de facto partner, or former spouse or former de facto partner, of a person who is or was the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa on the basis of satisfying the primary criteria for the grant of that visa; the applicant has been employed in a skilled occupation: (c) if 60 points are specified by an instrument in writing for this paragraph as available for the skilled occupation nominated in the application - for at least 12 months in the 18 months immediately before the day when the application was made; or (d) if 40 or 50 points are specified by an instrument in writing for this paragraph as available for the skilled occupation nominated in the application - for at least 24 months in the 36 months immediately before the day when the application was made. (2) Subclause (1) does not apply to an applicant if: (a) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of at least 2 years at that institution while the applicant was present in Australia; (ii) the degree, diploma or trade qualification is relevant to the skilled occupation nominated by the applicant in his or her application; (iii) all instruction for that degree, diploma or trade qualification was conducted in English; or (b) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of less than 2 years at that institution while the applicant was present in Australia; (ii) before completing that degree, diploma or trade qualification, the applicant completed at least 1 other degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by that institution, or another Australian educational institution, as a result of a course of study, while the applicant was present in Australia; (iii) the 2 or more degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) were completed as a result of 1 or more courses of study undertaken over a total of at least 2 years while the applicant was present in Australia; (iv) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was completed at the institution at which it was commenced; (v) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) is relevant to the skilled occupation nominated by the applicant in his or her application; (vi) all instruction for each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was conducted in English. 137.221B In determining whether the applicant satisfies a criterion that he or she has been employed in a skilled occupation for a certain period, a period of employment in Australia must not be counted unless the applicant: (a) held: (i) a substantive visa; or (ii) a Subclass 010 Bridging A visa; or (iii) a Subclass 020 Bridging B visa; authorising him or her to work during that period; and (b) complied with the conditions of that visa. 137.222 If the applicant: (a) is not the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa on the basis of satisfying the primary criteria for the grant of that visa; and (b) is not the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa, but is the spouse or de facto partner, or former spouse or former de facto partner, of a person who is or was the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa on the basis of satisfying the primary criteria for the grant of that visa; the applicant has vocational English. 137.223 No evidence has become available since the time of application that the information given or used as part of the assessment mentioned in paragraph 1128C (3) (c) of Schedule 1 is false or misleading in a material particular. 137.224 (1) The applicant has been nominated by a State or Territory government agency and the nomination has been accepted by the Minister. (2) A nomination made under subclause (1) must be: (a) made on Form 1100; and (b) lodged at an office of Immigration in the relevant State or Territory. (3) The Minister must not accept a nomination if its acceptance would result in the number of Subclass 137 visa nominations made in a financial year, for a State or Territory, exceeding the maximum number of Subclass 137 visa nominations, as determined by an instrument in writing for this subclause, that may be accepted, for that State or Territory, in that financial year. 137.225 The applicant satisfies: (a) if the applicant was, at the time of application, the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa - public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; or (b) in any other case - public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 137.226 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 137.228 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 137 visa is a person who: (a) either: (i) if the member was, at the time of application, the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa - satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; or (ii) in any other case - satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; 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 137 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) if, at the time of application, the member of the family unit was not the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa - satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion; and (c) if, at the time of application, the member of the family unit was the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa - satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 137.229 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant - public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 137.230 Approval of the application would not result in either: (a) the number of Subclass 137 visas granted in a financial year exceeding the maximum number of Subclass 137 visas, as determined by an instrument in writing for this paragraph, that may be granted in that financial year; or (b) the number of visas of particular classes (including Subclass 137) granted in a financial year exceeding the maximum number of visas of those classes, as determined by an instrument in writing for this paragraph, that may be granted in a financial year. 137.231 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. 137.232 If the applicant's qualifying score when assessed for the visa under Subdivision B of Division 3 of Part 2 of the Act included (or, under subregulation 2.26A (5A), was taken to have included) the bonus points relating to a designated security mentioned in paragraph (a) of item 6A82 of Part 8 of Schedule 6A, the applicant has deposited at least AUD100 000 in a designated security for a term of not less than 12 months. 137.3 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. 137.31 Criteria to be satisfied at time of application 137.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 137.21. 137.312 If: (a) the applicant is the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa; or (b) the last substantive visa held by the applicant since last entering Australia was a Skilled - Independent Regional (Provisional) (Class UX) visa; the applicant has complied with the conditions of that visa. 137.32 Criteria to be satisfied at time of decision 137.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 137 visa. 137.322 The applicant satisfies: (a) if the applicant was, at the time of application, the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa - public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; or (b) in any other case - public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 137.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 137.325 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 137.326 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. 137.4 Circumstances applicable to grant 137.411 If the applicant: (a) was the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa at the time of application; or (b) is a member of the family unit of an applicant who was the holder of a Skilled - Independent Regional (Provisional) (Class UX) visa at the time of application; the applicant may be in Australia (but not in immigration clearance) or outside Australia when the visa is granted. 137.412 In any other case, the applicant must be outside Australia at the time of grant. 137.5 When visa is in effect 137.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 137.6 Conditions 137.611 First entry must be made before a date specified by the Minister for the purpose. 137.612 If the applicant satisfies the secondary criteria, either or both of conditions 8502 and 8514 may be imposed. 137.613 Condition 8515 may be imposed. 137.7 Way of giving evidence 137.711 No evidence need be given. 137.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 138 Skilled - Australian-sponsored 138.1 Interpretation 138.111 In this Part: completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award. Note The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred. course of study has the meaning given by subregulation 2.26A (7A). degree and diploma have the meanings given in subregulation 2.26A (6). employed has the meaning given in subregulation 2.26A (7). trade qualification has the meaning given in subregulation 2.26A (6). Note 1 For relevant assessing authority and skilled occupation, see regulation 1.03. Note 2 For vocational English, see regulation 1.15B. 138.2 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. 138.21 Criteria to be satisfied at time of application 138.210 The application must be made before 1 September 2007. 138.211 The applicant, or the applicant's spouse or de facto partner, if the applicant's spouse or de facto partner is an applicant for a Subclass 138 visa, has one of the following relationships to a person (the sponsor) who has turned 18 and is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen: (a) a parent; (b) a child or a step-child who is not a dependent child of the sponsor; (c) a brother or sister, an adoptive brother or sister or a step- brother or step-sister; (ca) an aunt or uncle, an adoptive aunt or uncle, or a step-aunt or step-uncle; (d) a nephew or niece, an adoptive nephew or niece or a step-nephew or step-niece. 138.212 The applicant is sponsored by the sponsor. 138.215 The applicant has nominated a skilled occupation in his or her application. 138.216 (1) Subject to subclause (2), the applicant has been employed in a skilled occupation: (a) if 60 points are specified by an instrument in writing for this paragraph as available for the skilled occupation nominated in the application - for a period of, or for periods totalling, at least 12 months in the period of 18 months immediately before the day on which the application was made; or (b) if 40 or 50 points are specified by an instrument in writing for this paragraph as available for the skilled occupation nominated in the application - for a period of, or for periods totalling, at least 24 months in the period of 36 months immediately before the day on which the application was made. (2) Subclause (1) does not apply to an applicant if: (a) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of at least 2 years at that institution while the applicant was present in Australia; (ii) the degree, diploma or trade qualification is relevant to the skilled occupation nominated by the applicant in his or her application; (iii) all instruction for that degree, diploma or trade qualification was conducted in English; or (b) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of less than 2 years at that institution while the applicant was present in Australia; (ii) before completing that degree, diploma or trade qualification, the applicant completed at least 1 other degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by that institution, or another Australian educational institution, as a result of a course of study, while the applicant was present in Australia; (iii) the 2 or more degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) were completed as a result of 1 or more courses of study undertaken over a total of at least 2 years while the applicant was present in Australia; (iv) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was completed at the institution at which it was commenced; (v) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) is relevant to the skilled occupation nominated by the applicant in his or her application; (vi) all instruction for each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was conducted in English. 138.22 Criteria to be satisfied at time of decision 138.221 The sponsorship referred to in clause 138.212 has been approved by the Minister and is still in force. 138.223 If regulation 2.27B applies, the applicant provides, for the purposes of the application, the assessment of his or her skills mentioned in subregulation 2.27B (4). 138.224 If the assessment mentioned in paragraph 1128B (3) (c) of Schedule 1 was made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full-time study of a registered course. 138.225 The applicant has the qualifying score when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act. Note That Subdivision of the Act provides in ss 92 to 96 for the application of a points system, under which applicants for relevant visas are given an assessed score based on the prescribed number of points for particular attributes, which is assessed against the relevant pool mark and pass mark. The prescribed points and the manner of their allocation are provided for in Division 2.2 (regulation 2.26A), and Schedule 6A, of these regulations. In certain circumstances, attributes of the spouse or de facto partner of an applicant may be taken into account (regulation 2.27A). Pool marks and pass marks are set from time to time by the Minister by notice in the Gazette (Act, s 96). 138.225A (1) The applicant has been employed in a skilled occupation: (a) if 60 points are specified by an instrument in writing for this paragraph as available for the skilled occupation nominated in the application - for at least 12 months in the 18 months immediately before the day when the application was made; or (b) if 40 or 50 points are specified by an instrument in writing for this paragraph as available for the skilled occupation nominated in the application - for at least 24 months in the 36 months immediately before the day when the application was made. (2) Subclause (1) does not apply to an applicant if: (a) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of at least 2 years at that institution while the applicant was present in Australia; (ii) the degree, diploma or trade qualification is relevant to the skilled occupation nominated by the applicant in his or her application; (iii) all instruction for that degree, diploma or trade qualification was conducted in English; or (b) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of less than 2 years at that institution while the applicant was present in Australia; (ii) before completing that degree, diploma or trade qualification, the applicant completed at least 1 other degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by that institution, or another Australian educational institution, as a result of a course of study, while the applicant was present in Australia; (iii) the 2 or more degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) were completed as a result of 1 or more courses of study undertaken over a total of at least 2 years while the applicant was present in Australia; (iv) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was completed at the institution at which it was commenced; (v) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) is relevant to the skilled occupation nominated by the applicant in his or her application; (vi) all instruction for each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was conducted in English. 138.225B In determining whether the applicant satisfies a criterion that he or she has been employed in a skilled occupation for a certain period, a period of employment in Australia must not be counted unless the applicant: (a) held: (i) a substantive visa; or (ii) a Subclass 010 Bridging A visa; or (iii) a Subclass 020 Bridging B visa; authorising him or her to work during that period; and (b) complied with the conditions of that visa. 138.226 The applicant has vocational English. 138.227 No evidence has become available since the time of application that the information given or used as part of the assessment mentioned in paragraph 1128B (3) (c) of Schedule 1 is false or misleading in a material particular. 138.228 If the applicant does not satisfy the criteria in clauses 138.223, 138.224, 138.226 and 138.227: (a) the applicant satisfies the criterion specified in clause 138.225 because of regulation 2.27A; and (b) the applicant's spouse or de facto partner: (i) continues to satisfy the criteria in each of clauses 138.214, 138.215 and 138.216; and (ii) satisfies the criteria in clauses 138.223, 138.224, 138.225A, 138.225B, 138.226 and 138.227. 138.229 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 138.230 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 138.231 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 138 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; 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 138 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 138.232 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. 138.233 Approval of the application would not result in either: (a) the number of Subclass 138 visas granted in a financial year exceeding the maximum number of Subclass 138 visas, as determined by an instrument in writing for this paragraph, that may be granted in that financial year; or (b) the number of visas of particular classes (including Subclass 138) granted in a financial year exceeding the maximum number of visas of those classes, as determined by an instrument in writing for this paragraph, that may be granted in that financial year. 138.234 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. 138.3 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. 138.31 Criteria to be satisfied at time of application 138.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 138.21. 138.312 The sponsorship referred to in clause 138.212 in respect of the person who satisfies the primary criteria includes sponsorship of the applicant. 138.32 Criteria to be satisfied at time of decision 138.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 138 visa. 138.322 The sponsorship referred to in clause 138.312 has been approved by the Minister and is still in force. 138.324 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 138.325 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 138.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 138.327 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. 138.4 Circumstances applicable to grant 138.411 The applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 138.5 When visa is in effect 138.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 138.6 Conditions 138.611 First entry must be made before a date specified by the Minister for the purpose. 138.612 If the applicant satisfies the secondary criteria, either or both of conditions 8502 and 8514 may be imposed. 138.613 Condition 8515 may be imposed. 138.7 Way of giving evidence 138.711 No evidence need be given. 138.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 139 Skilled - Designated Area-sponsored 139.1 Interpretation 139.111 In this Part: completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award. Note The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for this clause, before the award is formally conferred. course of study has the meaning given by subregulation 2.26A (7A). degree has the meaning given in subregulation 2.26A (6). designated area means an area specified by an instrument in writing under item 6701 in Schedule 6 as a designated area. diploma has the meaning given in subregulation 2.26A (6). employed has the meaning given in subregulation 2.26A (7). trade qualification has the meaning given in subregulation 2.26A (6). Note 1 For relevant assessing authority and skilled occupation, see regulation 1.03. Note 2 For vocational English, see regulation 1.15B. 139.2 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. 139.21 Criteria to be satisfied at time of application 139.211 Application must be made before 1 July 2006. 139.211A The applicant has 1 of the following relationships to a person (the sponsor) who has turned 18 and is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen: (a) a parent; (b) a child or a step-child who is not a dependent child of the sponsor; (c) a brother or sister, an adoptive brother or sister or a step- brother or step-sister; (d) an aunt or uncle, an adoptive aunt or uncle, or a step-aunt or step-uncle; (e) a nephew or niece, an adoptive nephew or niece or a step-nephew or step-niece; (f) a grandchild or first cousin. 139.212 The applicant is sponsored by the sponsor. 139.213 The sponsor: (a) is resident in a designated area; and (b) was resident in one or other of the designated areas throughout the period of 12 months immediately before Immigration receives the relevant sponsorship (except for short absences for the purposes of business or recreation). 139.215 The applicant is less than 45 years of age. 139.216 The applicant has nominated a skilled occupation in his or her application. 139.217 (1) Subject to subclause (2), the applicant has been employed in a skilled occupation: (a) if 60 points are specified by an instrument in writing for this paragraph as available for the skilled occupation nominated in the application - for a period of, or for periods totalling, at least 6 months in the period of 12 months immediately before the day on which the application was made; or (b) if 40 or 50 points are specified by an instrument in writing for this paragraph as available for the skilled occupation nominated in the application - for a period of, or for periods totalling, at least 12 months in the period of 18 months immediately before the day on which the application was made. (2) Subclause (1) does not apply to an applicant if: (a) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of at least 2 years at that institution while the applicant was present in Australia; (ii) the degree, diploma or trade qualification is relevant to the skilled occupation nominated by the applicant in his or her application; (iii) all instruction for that degree, diploma or trade qualification was conducted in English; or (b) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of less than 2 years at that institution while the applicant was present in Australia; (ii) before completing that degree, diploma or trade qualification, the applicant completed at least 1 other degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by that institution, or another Australian educational institution, as a result of a course of study, while the applicant was present in Australia; (iii) the 2 or more degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) were completed as a result of 1 or more courses of study undertaken over a total of at least 2 years while the applicant was present in Australia; (iv) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was completed at the institution at which it was commenced; (v) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) is relevant to the skilled occupation nominated by the applicant in his or her application; (vi) all instruction for each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was conducted in English. 139.218 Despite clauses 139.215, 139.216 and 139.217, the applicant satisfies the criteria in each of those clauses if the applicant's spouse or de facto partner is an applicant for a Subclass 139 visa who satisfies each of those criteria. 139.22 Criteria to be satisfied at time of decision 139.221 The sponsorship referred to in clause 139.212 has been approved by the Minister and is still in force. 139.222 The sponsor is still resident in a designated area. 139.224 If regulation 2.27B applies, the applicant provides, for the purposes of the application, the assessment of his or her skills mentioned in subregulation 2.27B (4). 139.225 (1) The skills of the applicant for the nominated skilled occupation have been assessed by the relevant assessing authority as suitable for that occupation. (2) If the assessment mentioned in subclause (1) is made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full time study of a registered course. 139.225A (1) The applicant has been employed in a skilled occupation: (a) if 60 points are specified by an instrument in writing for this paragraph as available for the skilled occupation nominated in the application - for at least 6 months in the 12 months immediately before the day when the application was made; or (b) if 40 or 50 points are specified by an instrument in writing for this paragraph as available for the skilled occupation nominated in the application - for at least 12 months in the 18 months immediately before the day when the application was made. (2) Subclause (1) does not apply to an applicant if: (a) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of at least 2 years at that institution while the applicant was present in Australia; (ii) the degree, diploma or trade qualification is relevant to the skilled occupation nominated by the applicant in his or her application; (iii) all instruction for that degree, diploma or trade qualification was conducted in English; or (b) each of the following subparagraphs applies in relation to the applicant: (i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of a course of study of less than 2 years at that institution while the applicant was present in Australia; (ii) before completing that degree, diploma or trade qualification, the applicant completed at least 1 other degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by that institution, or another Australian educational institution, as a result of a course of study, while the applicant was present in Australia; (iii) the 2 or more degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) were completed as a result of 1 or more courses of study undertaken over a total of at least 2 years while the applicant was present in Australia; (iv) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was completed at the institution at which it was commenced; (v) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) is relevant to the skilled occupation nominated by the applicant in his or her application; (vi) all instruction for each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was conducted in English. 139.225B In determining whether the applicant satisfies a criterion that he or she has been employed in a skilled occupation for a certain period, a period of employment in Australia must not be counted unless the applicant: (a) held: (i) a substantive visa; or (ii) a Subclass 010 Bridging A visa; or (iii) a Subclass 020 Bridging B visa; authorising him or her to work during that period; and (b) complied with the conditions of that visa. 139.226 Either the applicant has vocational English, or: (a) he or she has proficiency in English of at least the standard required for the award of 10 points for the language skill factor of the general points test specified in item 6311 of Schedule 6; and (b) his or her sponsor lives in a State or Territory specified by an instrument in writing for this paragraph as a State or Territory in which arrangements are established for suitable English-language training for applicants to whom this paragraph applies; and (c) the Minister is satisfied that he or she has paid any fee or charge for that training. 139.227 No evidence has become available since the time of application that the information given or used as part of the assessment mentioned in paragraph 1128B (3) (c) of Schedule 1 is false or misleading in a material particular. 139.228 Despite clauses 139.224, 139.225, 139.225A, 139.225B, 139.226 and 139.227, the applicant satisfies the criteria in each of those clauses if: (a) the applicant satisfied the criteria in clause 139.218 at the time of application; and (b) the applicant's spouse or de facto partner continues to satisfy the criteria in each of clauses 139.215, 139.216 and 139.217; and (c) the applicant's spouse or de facto partner satisfies the criteria in each of clauses 139.224, 139.225, 139.225A, 139.225B, 139.226 and 139.227. 139.229 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 139.230 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 139.231 Each member of the family unit of the applicant who is an applicant for a Subclass 139 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (b) if he or she has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 139.232 Each member of the family unit of the applicant who is not an applicant for a Subclass 139 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 139.233 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. 139.234 Approval of the application would not result in either: (a) the number of Subclass 139 visas granted in a financial year exceeding the maximum number of Subclass 139 visas, as determined by an instrument in writing for this paragraph, that may be granted in that financial year; or (b) the number of visas of particular classes (including Subclass 139) granted in a financial year exceeding the maximum number of visas of those classes, as determined by an instrument in writing for this paragraph, that may be granted in that financial year. 139.235 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. 139.3 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. 139.31 Criteria to be satisfied at time of application 139.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 139.21. 139.312 The sponsorship referred to in clause 139.212 in respect of the person who satisfies the primary criteria includes sponsorship of the applicant. 139.32 Criteria to be satisfied at time of decision 139.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 139 visa. 139.322 The sponsorship referred to in clause 139.312 has been approved by the Minister and is still in force. 139.324 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. 139.325 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 139.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 139.327 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. 139.4 Circumstances applicable to grant 139.411 The applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 139.5 When visa is in effect 139.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 139.6 Conditions 139.611 First entry must be made before a date specified by the Minister for the purpose. 139.612 If the applicant satisfies the secondary criteria, either or both of conditions 8502 and 8514 may be imposed. 139.613 Condition 8515 may be imposed. 139.7 Way of giving evidence 139.711 No evidence need be given. 139.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 143 Contributory Parent 143.1 Interpretation 143.111 In this Part, a reference to an applicant who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa means a person: (a) who, at the time of application, holds a Subclass 173 (Contributory Parent (Temporary)) visa; or (b) who has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or (c) in relation to whom the Minister is satisfied that compassionate and compelling circumstances exist for the person to be considered to have been the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of the application. Note Australian permanent resident, aged parent, eligible New Zealand citizen, close relative, guardian, parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5 (1) of the Act (also see regulation 1.14A), de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A). 143.2 Primary criteria Note The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 143.21 Criteria to be satisfied at time of application 143.211 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 676 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). 143.212 (1) The applicant is: (a) sponsored in accordance with subclause (2) or (3); or (b) taken, under subclause (4), to be sponsored in accordance with this clause. (2) If the child has turned 18, the applicant is sponsored by: (a) the child; or (b) the child's cohabiting spouse or de facto partner, if that spouse or de facto partner: (i) has turned 18; and (ii) is: (A) a settled Australian citizen; or (B) a settled Australian permanent resident; or (C) a settled eligible New Zealand citizen. (3) If the child has not turned 18, the applicant is sponsored by: (a) the child's cohabiting spouse, if that spouse: (i) has turned 18; and (ii) is: (A) a settled Australian citizen; or (B) a settled Australian permanent resident; or (C) a settled eligible New Zealand citizen; or (b) a person who: (i) is a close 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 close 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 676 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). 143.213 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 676 visa; the applicant satisfies the balance of family test. 143.22 Criteria to be satisfied at time of decision 143.221 The applicant continues to meet the requirements set out in clause 143.211. 143.222 If a sponsorship of the kind mentioned in subclause 143.212 (2) or (3) was in force in relation to the applicant at the time of application, a sponsorship of that kind, approved by the Minister, is in force in relation to: (a) the sponsor at the time of application; or (b) another sponsor who meets the requirements set out in subclause 143.212 (2) or (3); whether or not the sponsor was the sponsor at the time of application. Note The applicant may seek the Minister's approval for a change of sponsor as long as the new sponsor meets the description in subclause 143.212 (2) or (3). 143.222A 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). 143.224 The applicant: (a) satisfies public interest criteria 4001, 4002 and 4003; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 143.225 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 |the public interest | | |was ... |criteria to be | | | |satisfied by the | | | |applicant are ... | |1 |not the holder of|4004, 4005, 4009 and | | |a substituted |4010 | | |Subclass 676 visa| | | |at the time of | | | |application | | |2 |the holder of a | (a) 4009 and 4010; and| | |substituted | | | |Subclass 676 visa|(b) 4007 or, if the | | |at the time of |applicant has | | |application |previously held a | | | |Subclass 173 visa, such| | | |health checks as the | | | |Minister considers | | | |appropriate | 143.226 If the applicant was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant has undergone any health checks that the Minister considers appropriate. 143.227 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 143.228 The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 143.229 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 |the public interest |and if the | | |applicant ... |criteria to be |member of the | | | |satisfied by the |family unit | | | |member of the family|has previously| | | |unit are ... |been in | | | | |Australia, the| | | | |special return| | | | |criteria are | | | | |... | |1 |was not the | (a) 4001, 4002, |5001, 5002 and| | |holder of a |4003, 4004, 4005, |5010 | | |substituted |4009 and 4010; and | | | |Subclass 676 |(b) if the applicant| | | |visa at the |had turned 18 at the| | | |time of |time of | | | |application |application - 4019 | | |2 |was the holder| (a) 4001, 4002, |5001, 5002 and| | |of a |4003, 4009 and 4010;|5010 | | |substituted |and | | | |Subclass 676 |(b) either: | | | |visa at the |(i) 4007; or | | | |time of |(ii) if the member | | | |application |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 | | 143.230 If the applicant was not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, each member of the family unit of the applicant who is not an applicant for a Subclass 143 (Contributory Parent) visa must satisfy the public interest criteria mentioned in the item in the table that relates to the applicant. |Item |If the applicant |the public interest | | |was ... |criteria to be | | | |satisfied by the member| | | |of the family unit are | | | |... | |1 |not the holder of| (a) 4001, 4002, 4003 | | |a substituted |and 4004; and | | |Subclass 676 visa|(b) 4005, unless the | | |at the time of |Minister is satisfied | | |application |that it would be | | | |unreasonable to require| | | |the person to undergo | | | |assessment for that | | | |criterion | |2 |the holder of a | (a) 4001, 4002 and | | |substituted |4003; and | | |Subclass 676 visa|(b) 4007, unless the | | |at the time of |Minister is satisfied | | |application |that it would be | | | |unreasonable to require| | | |the person to undergo | | | |assessment for that | | | |criterion | 143.231 If a person (the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant; public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 143.232 If the applicant has previously made a valid application for another parent visa: (a) the application has been: (i) finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958); or (ii) withdrawn; and (b) any of the following has occurred in relation to the application for that visa: (i) each decision that has been made in respect of the application is not, or is no longer, subject to any form of: (A) review by the Administrative Appeals Tribunal; or (B) judicial review proceedings (including proceedings on appeal); (ii) a decision that has been made in respect of the application was subject to: (A) review by the Administrative Appeals Tribunal; or (B) judicial review proceedings (including proceedings on appeal); but the period within which such a review or such review proceedings could be instituted has ended without a review or review proceedings having been instituted as prescribed; (iii) if the applicant has applied for: (A) review by the Migration Review Tribunal; or (B) review by the Administrative Appeals Tribunal; or (C) judicial review proceedings (including proceedings on appeal); the applicant has withdrawn all applications for the review or review proceedings. 143.233 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. 143.3 Secondary criteria 143.31 Criteria to be satisfied at time of application 143.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 143.21. 143.312 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. 143.32 Criteria to be satisfied at time of decision 143.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 143 visa. 143.322 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). 143.323 The applicant: (a) satisfies public interest criteria 4001, 4002 and 4003; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 143.324 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 |the public interest | | |is a member of |criteria to be | | |the family unit |satisfied by the | | |of a person who |applicant are ... | | |is mentioned in | | | |clause 143.321, | | | |and the person | | | |was ... | | |1 |not the holder of|4004, 4005, 4009 and | | |a substituted |4010 | | |Subclass 676 visa| | | |at the time of | | | |application | | |2 |the holder of a | (a) 4009 and 4010; and| | |substituted | | | |Subclass 676 visa|(b) 4007 or, if the | | |at the time of |applicant has | | |application |previously held a | | | |Subclass 173 visa, such| | | |health checks as the | | | |Minister considers | | | |appropriate | 143.325 For an applicant who was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant has undergone any health checks that the Minister considers appropriate. 143.326 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 143.327 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 the Department of Family and Community Services; or (b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 143.328 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 143.329 If the applicant has previously made a valid application for another parent visa: (a) the application has been: (i) finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958); or (ii) withdrawn; and (b) any of the following has occurred in relation to the application for that visa: (i) each decision that has been made in respect of the application is not, or is no longer, subject to any form of: (A) review by the Administrative Appeals Tribunal; or (B) judicial review proceedings (including proceedings on appeal); (ii) a decision that has been made in respect of the application was subject to: (A) review by the Administrative Appeals Tribunal; or (B) judicial review proceedings (including proceedings on appeal); but the period within which such a review or such review proceedings could be instituted has ended without a review or review proceedings having been instituted as prescribed; (iii) if the applicant has applied for: (A) review by the Migration Review Tribunal; or (B) review by the Administrative Appeals Tribunal; or (C) judicial review proceedings (including proceedings on appeal); the applicant has withdrawn all applications for the review or review proceedings. 143.330 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. 143.4 Circumstances applicable to grant 143.411 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 676 visa; or (c) a member of the family unit of an applicant who holds a substituted subclass 676 visa; the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted. 143.412 If clause 143.411 does not apply to the applicant at the time of application, 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. 143.5 When visa is in effect 143.511 Permanent visa permitting the holder to travel to and enter Australia for 5 years after the date of grant. 143.6 Conditions 143.611 If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose. 143.612 Either or both of conditions 8502 and 8515 may be imposed. 143.7 Way of giving evidence 143.711 No evidence need be given. 143.712 If evidence is given, to be given by a label affixed to a valid passport. 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 151.211 If the applicant is in Australia, either: (a) the applicant is the holder of a substantive visa, other than a Subclass 771 (Transit) visa; or (b) the applicant: (i) is not the holder of a substantive visa, and immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and (ii) satisfies Schedule 3 criterion 3002. 151.212 The applicant is a long residence applicant or a defence service applicant. 151.22 Criteria to be satisfied at time of decision 151.221 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 151.222 If the applicant is a long residence applicant who is outside Australia, the applicant also satisfies public interest criterion 4005. 151.223 If the applicant is: (a) a long residence applicant who is in Australia; or (b) a defence service applicant; the applicant also satisfies public interest criterion 4007. 151.224 If the applicant is under 18, the applicant also satisfies public interest criteria 4017 and 4018. 151.225 If the applicant is a long residence applicant who is outside Australia: (a) each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4005; and (b) each member of the family unit of the applicant who is an applicant for a Special Eligibility (Class CB) visa is a person who: (i) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (ii) if the person had turned 18 at the time of application - satisfies public interest criterion 4019; and (c) each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001, 5002 and 5010. 151.226 If the applicant is a long residence applicant who is in Australia: (a) each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4007; and (b) each member of the family unit of the applicant who is an applicant for a Special Eligibility (Class CB) visa is a person who: (i) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and (ii) if the person had turned 18 at the time of application - satisfies public interest criterion 4019; and (c) each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001 and 5002. 151.227 If the applicant is a defence service applicant: (a) each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007 unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4007; and (b) each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa, is a person who: (i) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and (ii) if the person had turned 18 at the time of application - satisfies public interest criterion 4019. 151.227A If the applicant is a defence service applicant who is outside Australia, each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001, 5002 and 5010. 151.227B If the applicant is a defence service applicant who is in Australia, each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001 and 5002. 151.228 If a person (an additional applicant): (a) is a member of the family unit of the applicant; and (b) is also an applicant for a Special Eligibility (Class CB) visa; and (c) has not turned 18; public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 151.229 If the applicant: (a) is in Australia; and (b) has previously been in Australia; the applicant satisfies special return criteria 5001 and 5002. 151.229A If the applicant: (a) is outside Australia; and (b) has previously been in Australia; the applicant satisfies special return criteria 5001, 5002 and 5010. 151.229B If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of the Department of Family and Community Services. 151.229C 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. 151.3 Secondary criteria Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 151.31 Criteria to be satisfied at time of application 151.311 The applicant is a member of the family unit of a person who: (a) has applied for a Special Eligibility (Class CB) visa; and (b) on the basis of the information provided in that application, appears to satisfy the criteria in Subdivision 151.21; and the Minister has not decided to grant or refuse to grant a visa to the person. 151.32 Criteria to be satisfied at time of decision 151.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa. 151.322 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 151.323 If the applicant is a member of the family unit of a person who: (a) was a long residence applicant who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa; and (b) was outside Australia at the time of the person's application; the applicant also satisfies public interest criterion 4005. 151.324 If the applicant is a member of the family unit of a person who: (a) was a long residence applicant in Australia who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa; or (b) was a defence service applicant who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa; the applicant also satisfies public interest criterion 4007. 151.325 If the applicant has not turned 18, the applicant also satisfies public interest criteria 4017 and 4018. 151.326 If the applicant: (a) is in Australia; and (b) has previously been in Australia; the applicant satisfies special return criteria 5001 and 5002. 151.327 If the applicant: (a) is outside Australia; and (b) has previously been in Australia; the applicant satisfies special return criterion 5001, 5002 and 5010. 151.328 If the Minister has requested an assurance of support in relation to the person who satisfied the primary criteria, the Minister is satisfied that: (a) the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of the Department of Family and Community Services; or (b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services. 151.329 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. 151.4 Circumstances applicable to grant 151.411 If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant. 151.412 If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant. Note The second instalment of the visa application charge must be paid before the visa can be granted. 151.5 When visa is in effect 151.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 151.6 Conditions 151.611 For an applicant who was outside Australia at the time of application: (a) first entry must be made before a date specified by the Minister for the purpose; and (b) condition 8502 may be imposed. Note No conditions have been prescribed for other applicants. 151.7 Way of giving evidence 151.711 No evidence need be given. 151.712 If evidence is given, to be given by way of visa label affixed to a valid passport. Subclass 155 Five Year Resident Return 155.1 Interpretation Note Australian permanent resident is defined in regulation 1.03. 155.2 Primary criteria Note All applicants must meet the primary criteria. 155.21 Criteria to be satisfied at time of application 155.211 The applicant: (a) is an Australian permanent resident; or (b) was an Australian citizen but has subsequently lost or renounced Australian citizenship; or (c) is a former Australian permanent resident, other than a former Australian permanent resident whose most recent permanent visa was cancelled. 155.212 (1) The applicant meets the requirements of subclause (2), (3), (3A) or (4). (2) The applicant meets the requirements of this subclause if the applicant was lawfully present in Australia for a period of, or periods that total, not less than 2 years in the period of 5 years immediately before the application for the visa and, during that time, the applicant: (a) was: (i) the holder of a permanent visa or a permanent entry permit; or (ii) an Australian citizen; and (b) was not the holder of: (i) a temporary visa (other than a Subclass 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 either: (i) a combined application for a Return (Residence) (Class BB) visa with the applicant; or (ii) a separate application for a Return (Residence) (Class BB) visa. Note The period of a visa granted under paragraph 155.212 (4) (a) can be no greater than the period of the Subclass 155 visa granted to the other family member, and mentioned in paragraph 155.212 (4) (a): see clause 155.511. 155.22 Criteria to be satisfied at time of decision 155.221 If the application is made outside Australia, the applicant satisfies special return criterion 5001. 155.222 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. 155.3 Secondary criteria: Nil. Note All applicants must satisfy the primary criteria. 155.4 Circumstances applicable to grant 155.411 If the application is made outside Australia, the applicant must be outside Australia at the time of grant. 155.412 If the application is made in Australia, the applicant must be in Australia, but not in immigration clearance, at the time of grant. 155.5 When visa is in effect 155.511 Permanent visa permitting the holder to travel to and enter Australia for: (a) if paragraph 155.212 (4) (a) applies to the applicant: (i) the period of the Subclass 155 visa mentioned in paragraph 155.212 (4) (a); or (ii) a shorter period determined by the Minister; or (b) if: (i) the visa is granted pursuant to an Internet application; and (ii) 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 5 years from the date of the grant; or (ii) a shorter period determined by the Minister. 155.6 Conditions: Nil. 155.7 Way of giving evidence 155.711 No evidence need be given. 155.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 157 Three Month Resident Return 157.1 Interpretation Note Australian permanent resident is defined in regulation 1.03. 157.2 Primary criteria Note All applicants must satisfy the primary criteria. 157.21 Criteria to be satisfied at time of application 157.211 The applicant: (a) is an Australian permanent resident; or (b) was an Australian citizen but has subsequently lost or renounced Australian citizenship; or (c) is a former Australian permanent resident, other than a former Australian permanent resident whose most recent permanent visa was cancelled. 157.212 (1) The applicant meets the requirements of subclause (2) or (3). (2) The applicant meets the requirements of this subclause if the applicant: (a) was lawfully present in Australia for a period of, or periods that total, not less than 1 day but less than 2 years in the period of 5 years immediately before the application for the visa and, during that time, the applicant: (i) was: (A) the holder of a permanent visa or a permanent entry permit; or (B) an Australian citizen; and (ii) was not the holder of: (A) a temporary visa (other than a Subclass 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 either: (i) a combined application for a Return (Residence) (Class BB) visa with the applicant; or (ii) a separate application for a Return (Residence) (Class BB) visa. 157.213 If the applicant is outside Australia, the applicant has not been absent from Australia for a continuous period of more than 3 months immediately before making the application for the visa, unless the Minister is satisfied that there are compelling and compassionate reasons for the absence. 157.22 Criteria to be satisfied at time of decision 157.221 If the application is made outside Australia, the applicant satisfies special return criterion 5001. 157.222 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. 157.3 Secondary criteria: Nil. Note All applicants must satisfy the primary criteria. 157.4 Circumstances applicable to grant 157.411 If the application is made outside Australia, the applicant must be outside Australia at time of grant. 157.412 If the application is made in Australia, the applicant must be in Australia, but not in immigration clearance, at time of grant. 157.5 When visa is in effect 157.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 3 months from the date of grant. 157.6 Conditions: Nil. 157.7 Evidence of grant 157.711 No evidence need be given. 157.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 159 Provisional Resident Return 159.1 Interpretation Note Australian permanent resident is defined in regulation 1.03. 159.2 Primary criteria Note All applicants must satisfy the primary criteria. 159.21 Criteria to be satisfied at time of application 159.211 The applicant claims, but is unable to prove, that immediately before going overseas he or she was: (a) an Australian permanent resident; or (b) an Australian citizen who was usually resident in Australia. 159.212 If the applicant could prove that claim, the applicant would satisfy the criteria for the grant of a Subclass 155 or 157 visa. 159.212A The Minister is satisfied that the applicant is not an Australian citizen. 159.213 The applicant gives the Minister a written statement that satisfies the Minister that: (a) the applicant has urgent and compelling reasons for travelling to Australia before proving the claim; and (b) entry of the applicant to Australia before the claim is proved will not prejudice the interests of Australia; and (c) there are reasonable grounds for believing that the claim can be proved. 159.22 Criteria to be satisfied at time of decision 159.221 There is no evidence that the applicant does not satisfy special return criteria 5001, 5002 and 5010. 159.222 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. 159.3 Secondary criteria: Nil. Note All applicants must satisfy the primary criteria. 159.4 Circumstances applicable to grant 159.411 The applicant must be outside Australia when the visa is granted. 159.5 When visa is in effect 159.511 Temporary visa permitting the holder to travel to and enter Australia once only within 3 months of grant and to remain in Australia for 3 months. 159.6 Conditions 159.611 The holder must travel to and enter Australia within 3 months of grant of the visa. 159.7 Way of giving evidence 159.711 No evidence need be given. 159.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 160 Business Owner (Provisional) 160.1 Interpretation Note 1 appropriate regional authority, AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03 and main business is defined in regulation 1.11. Note 2 As to beneficial ownership of an asset or ownership interest, see regulation 1.11A. Note 3 There are no interpretation provisions specific to this Part. 160.2 Primary criteria Note The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 160.21 Criteria to be satisfied at time of application 160.211 The applicant has overall had a successful business career. 160.212 For at least 2 of the 4 fiscal years immediately before the application is made: (a) the net value of the assets of: (i) the applicant; or (ii) the applicant's spouse or de facto partner; or (iii) the applicant and his or her spouse or de facto partner together; in a qualifying business or qualifying businesses in which the applicant had an ownership interest was at least AUD200 000; and (b) if a qualifying business mentioned in paragraph (a) was operated by a publicly listed company, the shareholding of: (i) the applicant; or (ii) the applicant's spouse or de facto partner; or (iii) the applicant and his or her spouse or de facto partner together; was at least 10% of the total issued capital of the company. 160.213 For at least 2 of the 4 fiscal years immediately before the application is made, the applicant's main business, or the applicant's main businesses together, had an annual turnover of at least AUD500 000. 160.214 (1) The business and personal assets of the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together: (a) have a net value of at least AUD500 000; and (b) are lawfully acquired and available for transfer, and capable of being transferred, to Australia within 2 years after the grant of a Subclass 160 visa. (2) The applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, have business and personal assets, in addition to the assets mentioned in subclause (1), that the Minister is satisfied are of a sufficient net value to settle in Australia. 160.215 The applicant is less than 45 years old. 160.216 The applicant has vocational English within the meaning given by regulation 1.15B. 160.217 If the applicant was engaged, for at least 2 of the 4 fiscal years immediately before the application is made, in a business providing professional, technical or trade services, the applicant was directly engaged in the provision of the services, as distinct from the general direction of the operation of the business, for no more than half the time spent by the applicant from day to day in the conduct of the business. 160.218 Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business activities that are of a nature that is not generally acceptable in Australia. 160.219 The applicant has notified the appropriate regional authority of a State or Territory of: (a) the applicant's business history; and (b) the applicant's intention to develop a business in that State or Territory. 160.219A The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Subclass 160 visa: (a) either: (i) to establish a qualifying business in Australia; or (ii) to participate in an existing qualifying business in Australia; and (b) to maintain a substantial ownership interest in that business; and (c) to maintain direct and continuous involvement in management of that business from day to day and in making decisions that affect the overall direction and performance of the business in a manner that benefits the Australian economy. 160.219B The applicant demonstrates that there is a need for the applicant to be temporarily resident in Australia to conduct or establish the proposed business activity. 160.219C The applicant has signed a declaration that the applicant understands his or her obligations as the holder of a Subclass 160 visa. 160.22 Criteria to be satisfied at time of decision 160.221 The applicant continues to satisfy the criteria in clauses 160.211, 160.214, 160.218, 160.219A and 160.219B. 160.222 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 160.223 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 160.224 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 160 visa: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; 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 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion. 160.225 If a person: (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant; public interest criteria 4015 and 4016 are satisfied in relation to the person. 160.226 The Minister is satisfied that: (a) the applicant is the holder of a valid passport that: (i) was issued to the applicant by an official source; and (ii) is in the form issued by the official source; or (b) it would be unreasonable to require the applicant to be the holder of a passport. 160.3 Secondary criteria Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 160.31 Criteria to be satisfied at time of application 160.311 The applicant is a member of the family unit of a person who: (a) satisfies the primary criteria in Subdivision 160.21; or (b) holds a Subclass 160 visa. 160.32 Criteria to be satisfied at time of decision 160.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 160 visa. 160.322 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 160.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 160.324 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 160.325 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. 160.4 Circumstances applicable to grant 160.411 (1) If the applicant: (a) satisfies the secondary criteria; and (b) holds a student visa at the time of application; the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted. (2) In any other case, the applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 160.5 When visa is in effect 160.511 Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister. 160.6 Conditions 160.611 If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose. 160.612 If the applicant is outside Australia when the visa is granted, either or both of conditions 8502 and 8515 may be imposed. 160.7 Way of giving evidence 160.711 No evidence need be given. 160.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 161 Senior Executive (Provisional) 161.1 Interpretation 161.111 In this Part: major business means a business (other than a government business enterprise) the annual turnover of which was at least AUD50 000 000 for at least 2 of the 4 fiscal years immediately before the application is made. Note 1 appropriate regional authority, AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03. Note 2 As to beneficial ownership of an asset or ownership interest, see regulation 1.11A. 161.2 Primary criteria Note The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 161.21 Criteria to be satisfied at time of application 161.211 The applicant has overall had a successful business career. 161.212 For a total of at least 2 years in the 4 years immediately before the application is made, the applicant: (a) occupied a position in the 3 highest levels of the management structure of a major business; and (b) was responsible for strategic policy development affecting a major component or a wide range of operations of that major business. 161.213 (1) The business and personal assets of the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together: (a) have a net value of at least AUD500 000; and (b) are lawfully acquired and available for transfer, and capable of being transferred, to Australia within 2 years after the grant of a Subclass 161 visa to the applicant. (2) The applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, have business and personal assets, in addition to the assets mentioned in subclause (1), that the Minister is satisfied are of a sufficient net value to settle in Australia. 161.214 The applicant is less than 45 years old. 161.215 The applicant has vocational English within the meaning given by regulation 1.15B. 161.216 Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business activities that are of a nature that is not generally acceptable in Australia. 161.217 The applicant has notified the appropriate regional authority of a State or Territory of: (a) the applicant's business history; and (b) the applicant's intention to develop a business in that State or Territory. 161.218 The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Subclass 161 visa: (a) either: (i) to establish a qualifying business in Australia; or (ii) to participate in an existing qualifying business in Australia; and (b) to maintain a substantial ownership interest in that business; and (c) to maintain direct and continuous involvement in management of that business from day to day and in making decisions that affect the overall direction and performance of the business in a manner that benefits the Australian economy. 161.219 The applicant demonstrates that there is a need for the applicant to be temporarily resident in Australia to conduct or establish the proposed business activity. 161.219A The applicant has signed a declaration that the applicant understands his or her obligations as the holder of a Subclass 161 visa. 161.22 Criteria to be satisfied at time of decision 161.221 The applicant continues to satisfy the criteria in clauses 161.211, 161.213, 161.216, 161.218 and 161.219. 161.222 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 161.223 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 161.224 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 161 visa: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; 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 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion. 161.225 If a person: (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant; public interest criteria 4015 and 4016 are satisfied in relation to the person. 161.226 The Minister is satisfied that: (a) the applicant is the holder of a valid passport that: (i) was issued to the applicant by an official source; and (ii) is in the form issued by the official source; or (b) it would be unreasonable to require the applicant to be the holder of a passport. 161.3 Secondary criteria Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 161.31 Criteria to be satisfied at time of application 161.311 The applicant is a member of the family unit of a person who: (a) satisfies the primary criteria in Subdivision 161.21; or (b) holds a Subclass 161 visa. 161.32 Criteria to be satisfied at time of decision 161.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 161 visa. 161.322 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 161.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 161.324 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 161.325 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. 161.4 Circumstances applicable to grant 161.411 (1) If the applicant: (a) satisfies the secondary criteria; and (b) holds a student visa at the time of application; the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted. (2) In any other case, the applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 161.5 When visa is in effect 161.511 Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister. 161.6 Conditions 161.611 If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose. 161.612 If the applicant is outside Australia when the visa is granted, either or both of conditions 8502 and 8515 may be imposed. 161.7 Way of giving evidence 161.711 No evidence need be given. 161.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 162 Investor (Provisional) 162.1 Interpretation 162.111 In this Part: designated investment means an investment in a security specified by the Minister under regulation 5.19A for this Part. eligible investment, for a person, means: (a) an ownership interest in a business; or (b) a loan to a business; or (c) cash on deposit; or (d) stocks and bonds; or (e) real estate; or (f) gold or silver bullion; that is owned by the person for the purpose of producing a return by way of income or capital gain and is not held for personal use. Note 1 appropriate regional authority, AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03. Note 2 As to beneficial ownership of an asset, eligible investment or ownership interest, see regulation 1.11A. 162.2 Primary criteria Note The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 162.21 Criteria to be satisfied at time of application 162.211 The applicant has demonstrated overall a successful record of eligible investment activity or qualifying business activity. 162.212 (1) The applicant has had a total of at least 3 years experience of direct involvement in managing 1 or more qualifying businesses or eligible investments. (2) Throughout at least 1 of the 5 fiscal years immediately before the application is made: (a) the applicant maintained direct involvement in managing a qualifying business in which: (i) the applicant; or (ii) the applicant and his or her spouse or de facto partner together; had an ownership interest of at least 10% of the total value of the business; or (b) the applicant maintained direct involvement in managing eligible investments of: (i) the applicant; or (ii) the applicant's spouse or de facto partner; or (iii) the applicant and his or her spouse or de facto partner together; the total net value of which was at least AUD1 500 000. (3) Throughout the 2 fiscal years immediately before the application is made, the net value of the business and personal assets of the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, was at least AUD2 250 000. 162.213 The applicant has demonstrated a high level of management skill in relation to an eligible investment or qualifying business activity. 162.214 The applicant is less than 45 years old. 162.215 The applicant has vocational English within the meaning given by regulation 1.15B. 162.216 Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia. 162.217 The applicant has notified the appropriate regional authority of a State or Territory of: (a) the applicant's business and investment history; and (b) the applicant's intention to lodge a designated investment in that State or Territory. 162.218 The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Subclass 162 visa, to continue to maintain business or investment activity in Australia after the designated investment made by the applicant, or by the applicant and his or her spouse or de facto partner, has matured. 162.219 The applicant has signed a declaration that the applicant understands his or her obligations as the holder of a Subclass 162 visa. 162.22 Criteria to be satisfied at time of decision 162.221 The applicant continues to satisfy the criteria in clauses 162.211, 162.213, 162.216 and 162.218. 162.222 (1) The applicant has made a designated investment of an amount of AUD1 500 000 in the name of the applicant or in the names of the applicant and his or her spouse or de facto partner. (2) The Minister is satisfied that the funds mentioned in subclause (1) were: (a) legally owned by: (i) the applicant; or (ii) the applicant's spouse or de facto partner; or (iii) the applicant and his or her spouse or de facto partner together; and (b) unencumbered; and (c) accumulated from the qualifying business or eligible investment activities of: (i) the applicant; or (ii) the applicant's spouse or de facto partner; or (iii) the applicant and his or her spouse or de facto partner together. 162.223 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 162.224 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 162.225 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 162 visa: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; 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 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion. 162.226 If a person: (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant; public interest criteria 4015 and 4016 are satisfied in relation to the person. 162.227 The Minister is satisfied that: (a) the applicant is the holder of a valid passport that: (i) was issued to the applicant by an official source; and (ii) is in the form issued by the official source; or (b) it would be unreasonable to require the applicant to be the holder of a passport. 162.3 Secondary criteria Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 162.31 Criteria to be satisfied at time of application 162.311 The applicant is a member of the family unit of a person who: (a) satisfies the primary criteria in Subdivision 162.21; or (b) holds a Subclass 162 visa. 162.32 Criteria to be satisfied at time of decision 162.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 162 visa. 162.322 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 162.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 162.324 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 162.325 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. 162.4 Circumstances applicable to grant 162.411 (1) If the applicant: (a) satisfies the secondary criteria; and (b) holds a student visa at the time of application; the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted. (2) In any other case, the applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 162.5 When visa is in effect 162.511 Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister. 162.6 Conditions 162.611 If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose. 162.612 If the applicant is outside Australia when the visa is granted, either or both of conditions 8502 and 8515 may be imposed. 162.7 Way of giving evidence 162.711 No evidence need be given. 162.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 163 State/Territory Sponsored Business Owner (Provisional) 163.1 Interpretation 163.111 In this Part: senior manager means a person who: (a) has: (i) either: (A) appropriate formal qualifications, obtained as a result of at least 3 years full time study (or part time equivalent); or (B) at least 5 years appropriate experience; and (ii) been employed for at least 3 years (not counting experience mentioned in sub-subparagraph (i) (B)) in the kind of employment to which the qualifications or experience mentioned in subparagraph (i) relates; and (b) has a sound and continuous employment record, for at least 3 of the 5 years immediately before the application is made, in a position or positions in a qualifying business or businesses requiring the occupant to: (i) make decisions about how the whole or a substantial part of the activities of the business is to be managed; and (ii) take responsibility for the day to day running of the business or part of the business; and (iii) if appropriate to the structure of the business, have management responsibilities over other functional managers; and (c) if required under Australian law to be registered or licensed - is so registered or licensed. Note 1 appropriate regional authority, AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03 and main business is defined in regulation 1.11. Note 2 As to beneficial ownership of an asset or ownership interest, see regulation 1.11A. 163.2 Primary criteria Note The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 163.21 Criteria to be satisfied at time of application 163.211 The applicant has overall had a successful business career. 163.212 The applicant: (a) 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; or (b) is a senior manager. 163.213 (1) The business and personal assets of the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together: (a) have a net value of at least AUD250 000 that is available for the conduct or establishment of a business in Australia; and (b) are lawfully acquired and available for transfer, and capable of being transferred, to Australia within 2 years after the grant of a Subclass 163 visa. (2) The applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, have business and personal assets, in addition to the assets mentioned in subclause (1), that the appropriate regional authority is satisfied are of a sufficient net value to settle in Australia. 163.214 The applicant: (a) is less than 55 years old; or (b) is proposing to establish or participate in a business that the appropriate regional authority has determined is of exceptional economic benefit to the State or Territory where the authority is located. 163.215 If the applicant was engaged, for at least 2 of the 4 fiscal years immediately before the application is made, in a business providing professional, technical or trade services, the applicant was directly engaged in the provision of the services, as distinct from the general direction of the operation of the business, for no more than half the time spent by the applicant from day to day in the conduct of the business. 163.216 Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business activities that are of a nature that is not generally acceptable in Australia. 163.217 The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Subclass 163 visa: (a) either: (i) to establish a qualifying business in Australia; or (ii) to participate in an existing qualifying business in Australia; and (b) to maintain a substantial ownership interest in that business; and (c) to maintain direct and continuous involvement in management of that business from day to day and in making decisions that affect the overall direction and performance of the business in a manner that benefits the Australian economy. 163.218 The applicant demonstrates that there is a need for the applicant to be temporarily resident in Australia to conduct or establish the proposed business activity. 163.219 The applicant has signed a declaration that the applicant understands his or her obligations as the holder of a Subclass 163 visa. 163.22 Criteria to be satisfied at time of decision 163.221 The applicant continues to satisfy the criteria in clauses 163.211, 163.213 and 163.216 to 163.218. 163.222 (1) The applicant is sponsored by an appropriate regional authority. (2) Form 949 is signed by an officer of the authority who is authorised to sign a sponsorship of that kind. 163.223 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 163.224 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 163.225 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 163 visa: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; 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 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion. 163.226 If a person: (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant; public interest criteria 4015 and 4016 are satisfied in relation to the person. 163.227 The Minister is satisfied that: (a) the applicant is the holder of a valid passport that: (i) was issued to the applicant by an official source; and (ii) is in the form issued by the official source; or (b) it would be unreasonable to require the applicant to be the holder of a passport. 163.3 Secondary criteria Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 163.31 Criteria to be satisfied at time of application 163.311 The applicant is a member of the family unit of a person who: (a) satisfies the primary criteria in Subdivision 163.21; or (b) holds a Subclass 163 visa. 163.32 Criteria to be satisfied at time of decision 163.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 163 visa. 163.322 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 163.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 163.324 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 163.325 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. 163.4 Circumstances applicable to grant 163.411 (1) If the applicant: (a) satisfies the secondary criteria; and (b) holds a student visa at the time of application; the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted. (2) In any other case, the applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 163.5 When visa is in effect 163.511 Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister. 163.6 Conditions 163.611 If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose. 163.612 If the applicant is outside Australia when the visa is granted, either or both of conditions 8502 and 8515 may be imposed. 163.7 Way of giving evidence 163.711 No evidence need be given. 163.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 164 State/Territory Sponsored Senior Executive (Provisional) 164.1 Interpretation 164.111 In this Part: major business means a business (other than a government business enterprise) the annual turnover of which was at least AUD10 000 000 in at least 2 of the 4 fiscal years immediately before the application is made. Note 1 appropriate regional authority, AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03. Note 2 As to beneficial ownership of an asset or ownership interest, see regulation 1.11A. 164.2 Primary criteria Note The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 164.21 Criteria to be satisfied at time of application 164.211 The applicant has overall had a successful business career. 164.212 For a total of at least 2 years in the 4 years immediately before the application is made, the applicant: (a) occupied a position in the 3 highest levels of the management structure of a major business; and (b) was responsible for strategic policy development affecting a major component or a wide range of operations of that major business. 164.213 (1) The business and personal assets of the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together: (a) have a net value of at least AUD250 000 that is available for the conduct or establishment of a business in Australia; and (b) are lawfully acquired and available for transfer, and capable of being transferred, to Australia within 2 years after the grant of a Subclass 164 visa to the applicant. (2) The applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, have business and personal assets, in addition to the assets mentioned in subclause (1), that the appropriate regional authority is satisfied are of a sufficient net value to settle in Australia. 164.214 The applicant: (a) is less than 55 years old; or (b) is proposing to establish or participate in a business that the appropriate regional authority has determined is of exceptional economic benefit to the State or Territory where the authority is located. 164.215 Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business activities that are of a nature that is not generally acceptable in Australia. 164.216 The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Subclass 164 visa: (a) either: (i) to establish a qualifying business in Australia; or (ii) to participate in a qualifying business in Australia; and (b) to maintain a substantial ownership interest in that business; and (c) to maintain direct and continuous involvement in management of that business from day to day and in making decisions that affect the overall direction and performance of the business in a manner that benefits the Australian economy. 164.217 The applicant demonstrates that there is a need for the applicant to be temporarily resident in Australia to conduct or establish the proposed business activity. 164.218 The applicant has signed a declaration that the applicant understands his or her obligations as the holder of a Subclass 164 visa. 164.22 Criteria to be satisfied at time of decision 164.221 The applicant continues to satisfy the criteria in clauses 164.211, 164.213 and 164.215 to 164.217. 164.222 (1) The applicant is sponsored by an appropriate regional authority. (2) Form 949 is signed by an officer of the authority who is authorised to sign a sponsorship of that kind. 164.223 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 164.224 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 164.225 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 164 visa: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; 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 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion. 164.226 If a person: (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant; public interest criteria 4015 and 4016 are satisfied in relation to the person. 164.227 The Minister is satisfied that: (a) the applicant is the holder of a valid passport that: (i) was issued to the applicant by an official source; and (ii) is in the form issued by the official source; or (b) it would be unreasonable to require the applicant to be the holder of a passport. 164.3 Secondary criteria Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 164.31 Criteria to be satisfied at time of application 164.311 The applicant is a member of the family unit of a person who: (a) satisfies the primary criteria in Subdivision 164.21; or (b) holds a Subclass 164 visa. 164.32 Criteria to be satisfied at time of decision 164.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 164 visa. 164.322 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 164.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 164.324 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 164.325 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. 164.4 Circumstances applicable to grant 164.411 (1) If the applicant: (a) satisfies the secondary criteria; and (b) holds a student visa at the time of application; the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted. (2) In any other case, the applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 164.5 When visa is in effect 164.511 Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister. 164.6 Conditions 164.611 If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose. 164.612 If the applicant is outside Australia when the visa is granted, either or both of conditions 8502 and 8515 may be imposed. 164.7 Way of giving evidence 164.711 No evidence need be given. 164.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 165 State/Territory Sponsored Investor (Provisional) 165.1 Interpretation 165.111 In this Part: designated investment means an investment in a security specified by the Minister under regulation 5.19A for this Part. eligible investment, for a person, means: (a) an ownership interest in a business; or (b) a loan to a business; or (c) cash on deposit; or (d) stocks and bonds; or (e) real estate; or (f) gold or silver bullion; that is owned by the person for the purpose of producing a return by way of income or capital gain and is not held for personal use. Note 1 appropriate regional authority, AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03. Note 2 As to beneficial ownership of an asset, eligible investment or ownership interest, see regulation 1.11A. 165.2 Primary criteria Note The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 165.21 Criteria to be satisfied at time of application 165.211 The applicant has demonstrated overall a successful record of eligible investment activity or qualifying business activity. 165.212 (1) The applicant has had a total of at least 3 years experience of direct involvement in managing 1 or more qualifying businesses or eligible investments. (2) Throughout at least 1 of the 5 fiscal years immediately before the application is made: (a) the applicant maintained direct involvement in managing a qualifying business in which: (i) the applicant; or (ii) the applicant and his or her spouse or de facto partner together; had an ownership interest of at least 10% of the total value of the business; or (b) the applicant maintained direct involvement in managing eligible investments of: (i) the applicant; or (ii) the applicant's spouse or de facto partner; or (iii) the applicant and his or her spouse or de facto partner together; the total net value of which was at least AUD750 000. (3) Throughout the 2 fiscal years immediately before the application is made, the net value of the business and personal assets of the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, was at least AUD1 125 000. 165.213 The applicant has demonstrated a high level of management skill in relation to the eligible investment or qualifying business activity. 165.214 The applicant: (a) is less than 55 years old; or (b) is proposing to establish or participate in business or investment activity that the appropriate regional authority has determined is of exceptional economic benefit to the State or Territory where the authority is located. 165.215 Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia. 165.216 The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Subclass 165 visa, to continue to maintain business or investment activity in Australia after the designated investment made by the applicant, or by the applicant and his or her spouse or de facto partner, has matured. 165.217 The applicant has signed a declaration that the applicant understands his or her obligations as the holder of a Subclass 165 visa. 165.22 Criteria to be satisfied at time of decision 165.221 The applicant continues to satisfy the criteria in clauses 165.211, 165.213, 165.215 and 165.216. 165.222 (1) The applicant has made a designated investment of an amount of AUD750 000, in the name of the applicant or in the names of the applicant and his or her spouse or de facto partner, in the State or Territory in which the appropriate regional authority that sponsored the applicant is located. (2) The Minister is satisfied that the funds mentioned in subclause (1) were: (a) legally owned by: (i) the applicant; or (ii) the applicant's spouse or de facto partner, or (iii) the applicant and his or her spouse or de facto partner together; and (b) unencumbered; and (c) accumulated from the qualifying business or eligible investment activities of: (i) the applicant; or (ii) the applicant's spouse or de facto partner; or (iii) the applicant and his or her spouse or de facto partner together. 165.223 (1) The applicant is sponsored by an appropriate regional authority. (2) Form 949 is signed by an officer of the authority who is authorised to sign a sponsorship of that kind. 165.224 The applicant has a genuine intention to reside, for at least 2 years, in the State or Territory where he or she has lodged the designated investment. 165.225 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 165.226 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 165.227 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 165 visa: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; 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 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion. 165.228 If a person: (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant; public interest criteria 4015 and 4016 are satisfied in relation to the person. 165.229 The Minister is satisfied that: (a) the applicant is the holder of a valid passport that: (i) was issued to the applicant by an official source; and (ii) is in the form issued by the official source; or (b) it would be unreasonable to require the applicant to be the holder of a passport. 165.3 Secondary criteria Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 165.31 Criteria to be satisfied at time of application 165.311 The applicant is a member of the family unit of a person who: (a) satisfies the primary criteria in Subdivision 165.21; or (b) holds a Subclass 165 visa. 165.32 Criteria to be satisfied at time of decision 165.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 165 visa. 165.322 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 165.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 165.324 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 165.325 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. 165.4 Circumstances applicable to grant 165.411 (1) If the applicant: (a) satisfies the secondary criteria; and (b) holds a student visa at the time of application; the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted. (2) In any other case, the applicant must be outside Australia when the visa is granted. Note The second instalment of the visa application charge must be paid before the visa can be granted. 165.5 When visa is in effect 165.511 Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister. 165.6 Conditions 165.611 If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose. 165.612 If the applicant is outside Australia when the visa is granted, either or both of conditions 8502 and 8515 may be imposed. 165.7 Way of giving evidence 165.711 No evidence need be given. 165.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 173 Contributory Parent (Temporary) 173.1 Interpretation Note Australian permanent resident, aged parent, eligible New Zealand citizen, close relative, guardian, parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5 (1) of the Act (also see regulation 1.14A), de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A). 173.2 Primary criteria Note The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 173.21 Criteria to be satisfied at time of application 173.211 The applicant is a parent of a person (the child) who is: (a) a settled Australian citizen; or (b) a settled Australian permanent resident; or (c) a settled eligible New Zealand citizen. 173.212 (1) The applicant is sponsored in accordance with subclause (2) or (3). (2) If the child has turned 18, the applicant is sponsored by: (a) the child; or (b) the child's cohabiting spouse or de facto partner, if that spouse or de facto partner: (i) has turned 18; and (ii) is: (A) a settled Australian citizen; or (B) a settled Australian permanent resident; or (C) a settled eligible New Zealand citizen. (3) If the child has not turned 18, the applicant is sponsored by: (a) the child's cohabiting spouse, if that spouse: (i) has turned 18; and (ii) is: (A) a settled Australian citizen; or (B) a settled Australian permanent resident; or (C) a settled eligible New Zealand citizen; or (b) a person who: (i) is a close 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 close relative or guardian of the child's spouse; and (ii) has turned 18; and (iii) is: (A) a settled Australian citizen; or (B) a settled Australian permanent resident; or (C) a settled eligible New Zealand citizen; or (d) a community organisation. 173.213 The applicant satisfies the balance of family test. 173.22 Criteria to be satisfied at time of decision 173.221 The applicant continues to satisfy the criterion in clause 173.211. 173.222 A sponsorship of the kind mentioned in clause 173.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application. Note The applicant may seek the Minister's approval for a change of sponsor as long as the new sponsor meets the description in clause 173.212. 173.224 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 173.225 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 173.226 Each member of the family unit of the applicant who is an applicant for a Subclass 173 (Contributory Parent (Temporary)) visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and (b) if the person has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 173.227 Each member of the family unit of the applicant who is not an applicant for a Subclass 173 (Contributory Parent (Temporary)) visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion. 173.228 If a person (the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant; public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 173.229 If the applicant has previously made a valid application for another parent visa: (a) the application has been: (i) finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958); or (ii) withdrawn; and (b) any of the following has occurred in relation to the application for that visa: (i) each decision that has been made in respect of the application is not, or is no longer, subject to any form of: (A) review by the Administrative Appeals Tribunal; or (B) judicial review proceedings (including proceedings on appeal); (ii) a decision that has been made in respect of the application was subject to: (A) review by the Administrative Appeals Tribunal; or (B) judicial review proceedings (including proceedings on appeal); but the period within which such a review or such review proceedings could be instituted has ended without a review or review proceedings having been instituted as prescribed; (iii) if the applicant has applied for: (A) review by the Migration Review Tribunal; or (B) review by the Administrative Appeals Tribunal; or (C) judicial review proceedings (including proceedings on appeal); the applicant has withdrawn all applications for the review or review proceedings. 173.230 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. 173.3 Secondary criteria 173.31 Criteria to be satisfied at time of application 173.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 173.21. 173.312 A sponsorship of the kind mentioned in clause 173.212 of the person who satisfies the primary criteria, approved by the Minister: (a) is in force; and (b) includes sponsorship of the applicant. 173.32 Criteria to be satisfied at time of decision 173.321 Unless the applicant is a contributory parent newborn child, the applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa. 173.322 A sponsorship of the kind mentioned in clause 173.212 of the person who satisfies the primary criteria, approved by the Minister: (a) is in force; and (b) includes sponsorship of the applicant; whether or not the sponsor was the sponsor at the time of application. 173.322A A contributory parent newborn child is taken to be sponsored if: (a) the contributory parent newborn child's parent is taken to be sponsored in accordance with subclause 143.212 (4); or (b) the following criteria apply in relation to the contributory parent newborn child's parent: (i) the parent is the holder of a Subclass 143 (Contributory Parent) visa at the time of the contributory parent newborn child's application; (ii) the person who sponsored the parent for the Subclass 143 (Contributory Parent) visa has died; or (c) the following criteria apply in relation to the contributory parent newborn child's parent: (i) at the time of the contributory parent newborn child's application, the parent is the holder of: (A) a Subclass 173 (Contributory Parent (Temporary)) visa; or (B) a bridging visa, and the last substantive visa held by that parent was a Subclass 173 (Contributory Parent (Temporary)) visa; (ii) the person who sponsored the parent for the Subclass 173 (Contributory Parent (Temporary)) visa has died. 173.323 If the applicant is not a contributory parent newborn child, the applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 173.324 If the applicant: (a) is not a contributory parent newborn child; and (b) has previously been in Australia; the applicant satisfies special return criteria 5001, 5002 and 5010. 173.325 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 173.326 If the applicant has previously made a valid application for another parent visa: (a) the application has been: (i) finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958); or (ii) withdrawn; and (b) any of the following has occurred in relation to the application for that visa: (i) each decision that has been made in respect of the application is not, or is no longer, subject to any form of: (A) review by the Administrative Appeals Tribunal; or (B) judicial review proceedings (including proceedings on appeal); (ii) a decision that has been made in respect of the application was subject to: (A) review by the Administrative Appeals Tribunal; or (B) judicial review proceedings (including proceedings on appeal); but the period within which such a review or such review proceedings could be instituted has ended without a review or review proceedings having been instituted as prescribed; (iii) if the applicant has applied for: (A) review by the Migration Review Tribunal; or (B) review by the Administrative Appeals Tribunal; or (C) judicial review proceedings (including proceedings on appeal); the applicant has withdrawn all applications for the review or review proceedings. 173.327 If the applicant is a contributory parent newborn child, the applicant has undergone any health checks that the Minister considers appropriate. 173.328 The 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. 173.4 Circumstances applicable to grant 173.411 If the applicant is not a contributory parent newborn child, 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. 173.412 If the applicant is a contributory parent newborn child, the applicant may be in or outside Australia when the visa is granted. 173.5 When visa is in effect 173.511 If the applicant is not a contributory parent newborn child: temporary visa permitting the holder to travel to, enter and remain in Australia for 2 years from a date specified by the Minister for the purpose. 173.512 If the applicant is a contributory parent newborn child: temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister. 173.6 Conditions 173.611 First entry must be made before a date specified by the Minister for the purpose. 173.612 Either or both of conditions 8502 and 8515 may be imposed. 173.7 Way of giving evidence 173.711 No evidence need be given. 173.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 175 Skilled - Independent 175.1 Interpretation 175.111 In this Part: degree has the same meaning as in subregulation 2.26A (6). diploma has the same meaning as in subregulation 2.26A (6). employed has the same meaning as in subregulation 2.26A (7). trade qualification has the same meaning as in subregulation 2.26A (6). Note 1 Regulation 1.03 provides that Australian study requirement has the meaning set out in regulation 1.15F. Note 2 Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C. Note 3 For registered course, see regulation 1.03. Note 4 For relevant assessing authority, see regulation 1.03. Note 5 For skilled occupation, see regulation 1.03. 175.2 Primary criteria Note The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria. 175.21 Criteria to be satisfied at time of application 175.211 Either: (a) the applicant has been employed in a skilled occupation for at least 12 months in the period of 24 months ending immediately before the day on which the application was made; or (b) both of the following: (i) the applicant satisfied the Australian study requirement in the period of 6 months ending immediately before the day on which the application was made; (ii) each degree, diploma or trade qualification used to satisfy the Australian study requirement is closely related to the applicant's nominated skilled occupation. 175.212 (1) The skills of the applicant have been assessed by the relevant assessing authority as suitable for the applicant's nominated skilled occupation. (2) If the assessment mentioned in subclause (1) is made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of studying a registered course. 175.213 The applicant has competent English. 175.22 Criteria to be satisfied at time of decision 175.221 The applicant has the qualifying score when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act. Note That Subdivision of the Act provides in sections 92 to 96 for the application of a points system, under which applicants for relevant visas are given an assessed score based on the prescribed number of points for particular attributes, which is assessed against the relevant pool mark and pass mark. The prescribed points and the manner of their allocation are provided for in Division 2.6 and Schedule 6B of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument (Act, section 96). 175.222 No evidence has become available since the time of application that the information given or used: (a) to meet the requirements of item 1135 of Schedule 1; or (b) to obtain the skills assessment mentioned in subclause 175.212 (1); or (c) to satisfy Subdivision 175.21; or (d) to satisfy clause 175.221; was false or misleading in a material particular. 175.223 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 175.224 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 175.225 Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 175 visa, is a person who: (d) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and (da) if the person had turned 18 at the time of application - satisfies public interest criterion 4019; and (e) if the person has previously been in Australia - satisfies special return criteria 5001, 5002 and 5010. 175.226 Each member of the family unit of the applicant, who is not an applicant for a Subclass 175 visa, is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 175.227 If a person (the additional applicant): (a) is a member of the family unit of the applicant; and (b) is less than 18; and (c) made a combined application with the applicant; public interest criteria 4015 and 4016 are satisfied for the additional applicant. 175.228 Grant of the visa would not result in either: (a) the number of Subclass 175 visas granted in a financial year exceeding the maximum number of Subclass 175 visas, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year; or (b) the number of visas of particular classes (including Subclass 175) granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year. 175.229 The Minister is satisfied that: (a) the applicant is the holder of a valid passport that: (i) was issued to the applicant by an official source; and (ii) is in the form issued by the official source; or (b) it would be unreasonable to require the applicant to be the holder of a passport. 175.3 Secondary criteria Note These criteria must be satisfied by applicants who are members of the family unit of an applicant who satisfies the primary criteria. 175.31 Criteria to be satisfied at time of application 175.311 The applicant is a member of the family unit of a person who satisfies the primary criteria in Subdivision 175.21 and made a combined application with that person. 175.32 Criteria to be satisfied at time of decision 175.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 175 visa. 175.322 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 175.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 175.324 If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 175.325 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. 175.4 Circumstances applicable to grant 175.411 If the applicant who satisfied the primary criteria for the grant of the visa is also the holder of a Subclass 444 (Special Category) visa, each applicant included in the application may be in or outside Australia when the visa is granted. 175.412 In any other case, each applicant included in the application 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. 175.5 When visa is in effect 175.511 Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant. 175.6 Conditions 175.611 If the applicant is outside Australia when the visa is granted: (a) first entry must be made before a date specified by the Minister for the purpose; and (b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8502 may be imposed; and (c) condition 8515 may be imposed. 175.7 Way of giving evidence 175.711 No evidence need be given. 175.712 If evidence is given, to be given by a label affixed to a valid passport. Subclass 176 Skilled - Sponsored 176.1 Interpretation 176.111 In this Part: degree has the same meaning as in subregulation 2.26A (6). diploma has the same meaning as in subregulation 2.26A (6). employed has the same meaning as in subregulation 2.26A (7). trade qualification has the same meaning as in subregulation 2.26A (6). Note 1 Regulation 1.03 provides that Australian study requirement has the meaning set out in regulation 1.15F. Note 2 Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C. Note 3 For registered course, see regulation 1.03. Note 4 For relevant assessing authority, see regulation 1.03. Note 5 For skilled occupation, see regulation 1.03. 176.2 Primary criteria Note The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria. 176.21 Criteria to be satisfied at time of application 176.211 Either: (a) the applicant has been employed in a skilled occupation for at least 12 months in the period of 24 months ending immediately before the day on which the application was made; or (b) the following requirements are met: (i) the applicant satisfied the Australian study requirement in the period of 6 months ending immediately before the day on which the application was made; (ii) each degree, diploma or trade qualification used to satisfy the Australian study requirement is closely related to the applicant's nominated skilled occupation. 176.212 (1) The skills of the applicant have been assessed by the relevant assessing authority as suitable for the applicant's nominated skilled occupation. (2) If the assessment mentioned in subclause (1) is made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of studying a registered course. 176.213 The applicant has competent English. 176.22 Criteria to be satisfied at time of decision 176.221 The applicant has the qualifying score when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act. Note That Subdivision of the Act provides in sections 92 to 96 for the application of a points system, under which applicants for relevant visas are given an assessed score based on the prescribed number of points for particular attributes, which is assessed against the relevant pool mark and pass mark. The prescribed points and the manner of their allocation are provided for in Division 2.6 and Schedule 6B of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument (Act, section 96). 176.222 (1) The requirements of subclause (2) or (3) are met. (2) All of the following apply: (a) the applicant has been nominated by a State or Territory government agency; (b) the Minister has accepted the nomination. (3) All of the following apply: (a) the applicant, and all persons included in the application, are sponsored by a person who: (i) has turned 18; and (ii) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and (iii) is usually resident in Australia; and (iv) is related to the applicant, or the applicant's spouse or de facto partner (if the applicant's spouse or de facto partner is also an applicant for a Subclass 176 visa), as: (A) a parent; or (B) a child or a step-child; or (C) a brother or sister, an adoptive brother or sister, or a step- brother or step-sister; or (D) an aunt or uncle, an adoptive aunt or uncle, or a step-aunt or step-uncle; or (E) a nephew or niece, an adoptive nephew or niece, or a step- nephew or step-niece; (b) either: (i) the sponsorship was made on Form 1277 (Internet), and the Minister has accepted the sponsorship; or (ii) if the sponsorship was made on Form 1277 - the sponsorship was made: (A) by posting the form (with the correct pre-paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this sub-subparagraph; or (B) by having the form delivered by a courier service to the address specified by the Minister in an instrument in writing for this sub-subparagraph; and the Minister has accepted the sponsorship. 176.223 No evidence has become available since the time of application that the information given or used: (a) to meet the requirements of item 1135 of Schedule 1; or (b) to obtain the skills assessment mentioned in subclause 176.212 (1); or (c) to satisfy Subdivision 176.21; or (d) to satisfy clause 176.221; was false or misleading in a material particular. 176.224 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and (b) if the applicant had turned 18 at the time of application - satisfies public interest criterion 4019. 176.225 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010. 176.226 Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 176 visa, is a person who: (d) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and (da) if the person had turned 18 at the time of application - satisfies public interest criterion 4019; and (e) if the person has previously been in Australia - satisfies special return criteria 5001, 5002 and 5010. 176.227 Each member of the family unit of the applicant, who is not an applicant for a Subclass 176 visa, is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 176.228 If a person (the additional applicant): (a) is a member of the family unit of the applicant; and (b) is less than 18; and (c) made a combined application with the applicant; public interest criteria 4015 and 4016 are satisfied for the additional applicant. 176.229 Grant of the visa would not result in either: (a) the number of Subclass 176 visas granted in a financial year exceeding the maximum number of Subclass 176 visas, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year; or (b) the number of visas of particular classes (including Subclass 176) granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year. 176.230 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