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MIGRATION REGULATIONS 1994 - REG 2.08AA Application by contributory parent newborn child

MIGRATION REGULATIONS 1994 - REG 2.08AA

Application by contributory parent newborn child

  (1)   Despite any provision in Schedule   2, a contributory parent newborn child who applies for a Contributory Parent (Temporary) (Class UT) visa or a Contributory Aged Parent (Temporary) (Class UU) visa:

  (a)   does not have to satisfy the secondary criteria in Schedule   2 that would, but for this subregulation, need to be satisfied at the time of application; and

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

  (2)   Despite any provision in Schedule   1, a contributory parent newborn child:

  (a)   who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa or a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

  (b)   whose parent has applied for a Contributory Parent (Migrant) (Class CA) visa or a Contributory Aged Parent (Residence) (Class DG) visa, and either:

  (i)   that application has not been finally determined; or

  (ii)   the parent has been granted the permanent visa;

is taken to have made a combined application for the permanent visa, mentioned in paragraph   (b), with the parent.

  (3)   For subregulation   (2), the contributory parent newborn child is taken to have made the application:

  (a)   if the child was in Australia when the temporary visa was granted--on the grant of the temporary visa to the child; or

  (b)   if the child was outside Australia when the temporary visa was granted--immediately after the child is immigration cleared.

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