MIGRATION REGULATIONS 1994 - SCHEDULE 1 Classes of visa

Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MIGRATION REGULATIONS 1994 - SCHEDULE 1

Classes of visa

Note This Schedule sets out the specific ways in which a non-citizen applies for a visa of a particular class. An application that is not made as set out in this Schedule is not valid and will not be considered: see the Act, ss 45, 46 and 47.

Part 1 Permanent visas

Note Arrangements that affect certain visas mentioned in this Part can be found in regulation 2.12BC.

1104AA. Business Skills -- Business Talent (Migrant) (Class EA)

(1) Forms: 47BU, 1213 and 1224.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $5,745

(b) Second instalment (payable before grant of visa):

(i) For each applicant who:

(A) was at least 18 years old at time of application; and

(B) is assessed as not having functional English; and

(ii) For each applicant who:

(A) was at least 18 years old at time of application; and

(B) is assessed as not having functional English; and

(iii) In any other case: Nil.

(3) Other:

(a) Application must be made:

(i) if the applicant's residential address, given using form 47BU, is in Taiwan or PRC, including Hong Kong or Macau -- at the address specified by the Minister, in an instrument in writing, for this subparagraph; or

(iii) in any other case -- at the address specified by the Minister, in an instrument in writing, for this subparagraph.

(b) Applicant may be in or outside Australia, but not in immigration clearance.

(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Business Skills -- Business Talent (Migrant) (Class EA) visa may be made at the same time and place as, and combined with, the application by that person.

(d) For applicant seeking to satisfy the primary criteria for the grant of a Subclass 132 (Business Talent) visa:

(i) applicant must be sponsored by a State or Territory; and

(ii) form 1224 must be signed by the Premier or Chief Minister, or by a person authorised by the Premier or Chief Minister, of that State or Territory.

(4) Subclasses:

132 (Business Talent)

1104A. Business Skills -- Established Business (Residence) (Class BH)

(1) Forms: 47BU and 1138.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $6 030

(b) Second instalment (payable before grant of visa):

(i) In the case of each applicant who:

(A) was 18 years or more at time of application; and

(B) is assessed as not having functional English; and

(C) satisfies the primary criteria for the grant of a visa of a subclass included in Business Skills -- Established Business (Residence) (Class BH): $8,240

(ii) In the case of each applicant who:

(A) was 18 years or more at time of application; and

(B) is assessed as not having functional English; and

(C) satisfies the secondary criteria for the grant of a visa of a subclass included in Business Skills -- Established Business (Residence) (Class BH): $4,110

(iii) In any other case: Nil.

(3) Other:

(a) Application must be made in Australia, but not in immigration clearance.

(b) The applicant must be in Australia, but not in immigration clearance.

(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Business Skills -- Established Business (Residence) (Class BH) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

845 (Established Business in Australia)

846 (State/Territory Sponsored Regional Established Business in Australia)

1104B. Business Skills (Residence) (Class DF)

(1) Forms:

(a) For applicant seeking to satisfy the primary criteria for the grant of a Subclass 890 (Business Owner) visa: 47BU and 1217

(b) For applicant seeking to satisfy the primary criteria for the grant of a Subclass 891 (Investor) visa: 47BU

(c) For applicant seeking to satisfy the primary criteria for the grant of a Subclass 892 (State/Territory Sponsored Business Owner) visa: 47BU, 1217 and 949

(d) For applicant seeking to satisfy the primary criteria for
the grant of a Subclass 893 (State/Territory Sponsored Investor) visa: 47BU and 949.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who is the holder
of a Skilled -- Independent Regional (Provisional) (Class UX) visa: $270.

(ii) In any other case: $1 895 .

(b) Second instalment (payable before grant of visa):

(i) For each applicant who:

(A) was at least 18 years old at time of application; and

(B) is assessed as not having functional English; and

(C) satisfies the secondary criteria for the grant of a visa of a subclass included in Business Skills (Residence) (Class DF); and

(D) is not the holder of a visa of a subclass included in Business Skills (Provisional) (Class UR); and

(E) is not the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa: $4,110

(ii) In any other case: Nil.

(3) Other:

(a) Application must be made in Australia, but not in immigration clearance.

(b) Applicant seeking to satisfy the primary criteria must be in Australia, but not in immigration clearance.

(c) Applicant seeking to satisfy the secondary criteria may be in or outside Australia, but not in immigration clearance.

(d) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 890 (Business Owner) visa must hold:

(i) if the applicant is not a person designated under regulation 2.07AO -- a visa of a subclass included in Business Skills (Provisional) (Class UR), granted on the basis that the applicant, or the spouse or de facto partner of the applicant, or the former spouse or former de facto partner of the applicant, satisfied the primary criteria for the grant of the visa; or

(ii) if the applicant is a person designated under regulation 2.07AO:

(A) a Subclass 447 (Secondary Movement Offshore Entry (Temporary)) visa; or

(B) a Subclass 451 (Secondary Movement Relocation (Temporary)) visa; or

(D) a Subclass 695 (Return Pending) visa.

(e) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 891 (Investor) visa must hold a Subclass 162 (Investor (Provisional)) visa granted on the basis that the applicant satisfied the primary criteria for the grant of the visa.

(f) For an applicant seeking to satisfy the primary criteria for the grant of a Subclass 892 (State/Territory Sponsored Business Owner) visa:

(i) if the applicant is not a person designated under regulation 2.07AO:

(A) applicant must hold a visa of a subclass included in Business Skills (Provisional) (Class UR), granted on the basis that the applicant, or the spouse or de facto partner of the applicant, or the former spouse or former de facto partner of the applicant, satisfied the primary criteria for the grant of the visa; or

(B) applicant must hold a Subclass 457 (Business (Long Stay)) visa, granted on the basis that the applicant, or the spouse or de facto partner of the applicant, or the former spouse or former de facto partner of the applicant, satisfied the criteria in subclause 457.223 (7) or (7A) for the grant of the visa; or

(I) must hold a Skilled -- Independent Regional (Provisional) (Class UX) visa; or

(II) must have held a Skilled -- Independent Regional (Provisional) (Class UX) visa at any time in the 28 days immediately before making the application; and

(ii) if the applicant is a person designated under regulation 2.07AO, applicant must hold:

(A) a Subclass 447 (Secondary Movement Offshore Entry (Temporary)) visa; or

(B) a Subclass 451 (Secondary Movement Relocation (Temporary)) visa; or

(D) a Subclass 695 (Return Pending) visa.

(g) Applicant seeking to satisfy the primary criteria for
the grant of a Subclass 893 (State/Territory Sponsored Investor) visa must hold a Subclass 165 (State/Territory Sponsored Investor (Provisional)) visa granted on the basis that the applicant satisfied the primary criteria for the grant of the visa.

(h) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Business Skills (Residence) (Class DF) visa may be made at the same time and place as, and combined with, the application by that person.

(i) For applicant seeking to satisfy the primary criteria for
the grant of a Subclass 892 (State/Territory Sponsored Business Owner) or 893 (State/Territory Sponsored Investor) visa:

(i) applicant must be sponsored by an appropriate regional authority; and

(ii) form 949 must be signed by an officer of the authority who is authorised to sign a sponsorship of that kind.

(j) If the applicant:

(i) is the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa; and

(ii) seeks to satisfy the primary criteria for the grant of a Subclass 892 (State/Territory Sponsored Business Owner) visa;

the applicant has held 1 or more Skilled -- Independent Regional (Provisional) (Class UX) visas for a total of at least 2 years.

(4) Subclasses:

890 (Business Owner)

891 (Investor)

892 (State/Territory Sponsored Business Owner)

893 (State/Territory Sponsored Investor)

1108. Child (Migrant) (Class AH)

(1) Form: 47CH.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant whose brother or sister:

(A) applies for a Child (Migrant) (Class AH) visa at the same time and place as the applicant; and

(B) has paid the amount of charge specified
in subparagraph (ii) or (iii) on his or her application: Nil

(ii) In the case of an applicant who appears to the Minister, on the basis of information contained in the application, to be an orphan relative: $1,220

(iii) In any other case: $1,995

(b) Second instalment (payable before grant of visa): Nil.

(3) Other:

(a) Application must be made outside Australia.

(b) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Child (Migrant) (Class AH) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

101 (Child)

102 (Adoption)

117 (Orphan Relative)

1108A. Child (Residence) (Class BT)

(1) Form: 47CH.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant whose brother or sister:

(A) applies for a Child (Residence) (Class BT) visa at the same time and place as the applicant; and

(B) has paid the amount of charge specified
in subparagraph (ii) or (v) on his or her application: Nil

(ii) In the case of an applicant who appears to the Minister, on the basis of information contained in the application, to be an orphan relative: $1,220

(iii) In the case of an applicant:

(A) whose parent has been granted a permanent visa; and

(B) who was included in the parent's application for:

(I) a Group 1.1 (migrant) visa under the Migration (1993) Regulations; or

(II) a business (joint venture) visa (code number 122) or a business (general) visa (code number 123) under the Migration (1989) Regulations: Nil

(iv) In the case of an applicant whose application is supported by a letter of support from a State or Territory government welfare authority: Nil

(v) In any other case: $2,960

(b) Second instalment (payable before grant of visa): Nil.

(3) Other:

(a) Application must be made in Australia but not in immigration clearance.

(b) Applicant must be in Australia but not in immigration clearance.

(c) Application by a person claiming to be a member of the family unit of a person (the first applicant ) who is an applicant for a Child (Residence) (Class BT) visa:

(i) if subparagraph (ii) does not apply -- may be made at the same time and place as, and combined with, the application made by the first applicant; and

(ii) if the first applicant's application for a Child (Residence) (Class BT) visa is supported by a letter of support from a State or Territory government welfare authority -- may not be made at the same time and place as, and combined with, the application made by the first applicant.

(d) Application by a person whose application is supported by a letter of support from a State or Territory government welfare authority may be made if the person has not turned 18 at the time the application is made.

(e) For an application made by a person to whom section 48 of the Act applies:

(i) the applicant:

(A) has not turned 25; or

(B) claims to be incapacitated for work due to total or partial loss of bodily or mental functions; and

(ii) if the applicant is not claiming to be an orphan relative of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, the applicant must provide, at the same time and place as making the application, an approved form 40CH that has been completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who claims to be the parent of the applicant; and

(iii) if the applicant claims to be incapacitated for work due to total or partial loss of bodily or mental functions, the applicant must provide, at the same time and place as making the application, evidence from a medical practitioner that supports the applicant's claim.

(4) Subclasses:

802 (Child)

837 (Orphan Relative)

(5) In this item:

letter of support means a letter of support provided by a State or Territory government welfare authority that:

(a) supports a child's application for permanent residency in Australia; and

(b) sets out:

(i) the circumstances leading to the involvement of a State or Territory government welfare authority in the welfare of the child; and

(ii) the State or Territory government welfare authority's reasons for supporting the child's application for permanent residency in Australia; and

(c) describes the nature of the State or Territory government welfare authority's continued involvement in the welfare of the child; and

(d) shows the letterhead of the State or Territory government welfare authority; and

(e) is signed by a manager or director employed by the State or Territory government welfare authority.

"medical practitioner" means a person registered as a medical practitioner under a law of a State or Territory providing for the registration of medical practitioners.

1111. Confirmatory (Residence) (Class AK)

(1) Form: 852.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of each applicant who, on last arriving in Australia, was granted a Subclass 773 (Border) visa: $230

(ii) In any other case: Nil

(b) Second instalment (payable before grant of visa):

(i) In the case of a holder of a Subclass 302 (Emergency (Permanent Visa Applicant)) visa: the second instalment of the visa application charge that applied to the principal visa, less any payment already made towards that instalment.

(ii) In any other case: Nil.

(3) Other:

(a) Application must be made in Australia but not in immigration clearance.

(b) Applicant must be in Australia but not in immigration clearance.

(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Confirmatory (Residence) (Class AK) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

808 (Confirmatory)

1111A. Designated Parent (Migrant) (Class BY)

(1) Form: Nil.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): Nil.

(b) Second instalment (payable before grant of visa):

(i) if the applicant has turned 18 at the time of application: $5,000

(ii) if the applicant has not turned 18 at the time of application: $960.

(3) Other:

(a) Application must be made outside Australia in the period from 1 November 1999 to the end of 28 April 2000.

(b) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Designated Parent (Migrant) (Class BY) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

118 (Designated Parent)

Note See regulation 2.07AE for how an application for a Designated Parent (Migrant) (Class BY) visa must be made.

1111B. Designated Parent (Residence) (Class BZ)

(1) Form: Nil.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): Nil.

(b) Second instalment (payable before grant of visa):

(i) if the applicant has turned 18 at the time of application: $5,000

(ii) if the applicant has not turned 18 at the time of application: $960.

(3) Other:

(a) Application must be made in Australia, but not in immigration clearance, in the period from 1 November 1999 to the end of 28 April 2000.

(b) Applicant must be in Australia but not in immigration clearance.

(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Designated Parent (Residence) (Class BZ) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

859 (Designated Parent)

Note See regulation 2.07AE for how an application for a Designated Parent (Residence) (Class BZ) visa must be made.

1112. Distinguished Talent (Migrant) (Class AL)

(1) Form: 47SV.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $2 095

(b) Second instalment (payable before grant of visa):

(i) In the case of each applicant who was 18 years or more at time of application and is assessed as not having functional English: $4,110

(ii) In any other case: Nil.

(3) Other:

(a) Application must be made by:

(i) posting the application (with the correct pre-paid postage) to the post office box address specified in a Gazette Notice for this subparagraph; or

(ii) having the application delivered by a courier service to the address specified in a Gazette Notice for this subparagraph.

(b) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Distinguished Talent (Migrant) (Class AL) visa may be made at the same time and place as, and combined with, the application by that person.

(c) If the applicant seeks to meet the requirements of subclause 124.211 (2), application must be accompanied by a completed approved form 1000.

(d) If the applicant seeks to meet the requirements of subclause 124.211 (4), the Minister must have received advice from:

(i) the Minister responsible for an intelligence or security agency within the meaning of the Australian Security Intelligence Organisation Act 1979 ; or

(ii) the Director-General of Security;

that the applicant has provided specialised assistance to the Australian Government in matters of security.

(4) Subclasses:

124 (Distinguished Talent)

1113. Distinguished Talent (Residence) (Class BX)

(1) Form: 47SV.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $3 105.

(b) Second instalment (payable before grant of visa):

(i) In the case of each applicant who was 18 years or more at time of application and is assessed as not having functional English: $4,110

(ii) In any other case: Nil.

(3) Other:

(a) Application must be made in Australia but not in immigration clearance.

(aa) Application must be made by:

(i) posting the application (with the correct pre-paid postage) to the post office box address specified in a Gazette Notice for this subparagraph; or

(ii) having the application delivered by a courier service to the address specified in a Gazette Notice for this subparagraph.

Note Regulation 2.12BC sets out special arrangements for the making of applications by persons designated under regulation 2.07AO. The arrangements in paragraph 1113 (3) (aa) do not apply to those persons.

(b) Applicant must be in Australia but not in immigration clearance.

(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Distinguished Talent (Residence) (Class BX) visa may be made at the same time and place as, and combined with, the application by that person.

(d) If the applicant seeks to meet the requirements of subclause 858.212 (2), application must be accompanied by a completed approved form 1000.

(e) If the applicant seeks to meet the requirements of subclause 858.212 (4), the Minister must have received advice from:

(i) the Minister responsible for an intelligence or security agency within the meaning of the Australian Security Intelligence Organisation Act 1979 ; or

(ii) the Director-General of Security;

that the applicant has provided specialised assistance to the Australian Government in matters of security.

(4) Subclasses:

858 (Distinguished Talent)

1114. Employer Nomination (Migrant) (Class AN)

(1) Form: 47ES (unless the applicant is taken, under regulation 2.08C, to have applied for an Employer Nomination (Migrant) (Class AN) visa, in which case no form is required).

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who is taken, under regulation 2.08C, to have applied for an Employer Nomination (Migrant) (Class AN) visa: Nil

(ii) In the case of an applicant:

(A) who has made a valid application for a Skilled (Migrant) (Class VE) visa; and

(B) in relation to whom a decision to grant or refuse to grant a Subclass 175 (Skilled -- Independent) or a Subclass 176 (Skilled -- Sponsored) visa has not been made: Nil

(iii) In any other case: $2 095 .

(b) Second instalment (payable before grant of visa):

(i) Subject to subparagraph (iii), in the case of each applicant who:

(A) was 18 years or more at time of application; and

(B) is assessed as not having functional English; and

(C) satisfies the primary criteria for the grant of a visa of a subclass included in Employer Nomination (Migrant) (Class AN): $8,240

(ii) Subject to subparagraph (iii), in the case of each applicant (including a person taken by paragraph 2.08C (5) (b) to be included in an application) who:

(A) was 18 years or more at time of application; and

(B) is assessed as not having functional English; and

(C) satisfies the secondary criteria for the grant of a visa of a subclass included in Employer Nomination (Migrant) (Class AN): $4,110

(iii) In the case of:

(A) an applicant who is a religious worker within the meaning of paragraph 5 (4) (a) of the Immigration (Education) Charge Regulations 1993 ; or

(B) a member of the family unit of an applicant referred to in sub-subparagraph (A): Nil

(iv) In the case of a Skill Matching (Migrant) (Class BR) visa applicant who is taken, under subregulation 2.08C (4), to have applied for an Employer Nomination (Migrant) (Class AN) visa: $1,945 .

(v) In any other case: Nil.

(3) Other:

(a) Application must be made in Australia, but not in immigration clearance.

(b) Application by a person claiming to be a member of the family unit of a person who is an applicant for an Employer Nomination (Migrant) (Class AN) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

119 (Regional Sponsored Migration Scheme)

121 (Employer Nomination Scheme)

1114A. Employer Nomination (Residence) (Class BW)

(1) Form: 47ES.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who is taken, under regulation 2.08CA or 2.08CB, to have applied for
an Employer Nomination (Residence) (Class BW) visa: Nil

(ii) In the case of an applicant who is the holder of:

(A) a Skilled -- Independent Regional (Provisional) (Class UX) visa; or

(B) a Subclass 475 (Skilled -- Regional Sponsored) visa; or

(iii) In the case of an applicant:

(A) who has made a valid application for a Skilled (Residence) (Class VB) visa; and

(B) in relation to whom a decision to grant or refuse to grant a Subclass 885 (Skilled -- Independent) visa or a Subclass 886 (Skilled -- Sponsored) visa has not been made: Nil

(iv) In the case of an applicant:

(A) who has made a valid application for a Skilled (Migrant) (Class VE) visa while being the holder of a Subclass 444 (Special Category) visa; and

(B) in relation to whom a decision to grant or refuse to grant a Subclass 175 (Skilled -- Independent) visa or a Subclass 176 (Skilled -- Sponsored) visa has not been made: Nil

(v) In any other case: $3 105 .

(b) Second instalment (payable before grant of visa):

(i) Subject to subparagraphs (iii) and (iv), in the case of each applicant who:

(A) was 18 years or more at time of application; and

(AA) is not the holder of:

(I) a Skilled -- Independent Regional (Provisional) (Class UX) visa; or

(II) a Subclass 475 (Skilled -- Regional Sponsored) visa; or

(III) a Subclass 487 (Skilled -- Regional Sponsored) visa; and

(B) is assessed as not having functional English; and

(C) satisfies the primary criteria for the grant of
a visa of a subclass included in Employer Nomination (Residence) (Class BW): $8,240

(ii) Subject to subparagraph (iii), in the case of each applicant (including a person taken by paragraph 2.08C (2) (b) to be included in an application) who:

(A) was 18 years or more at time of application; and

(AA) is not the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa; and

(B) is assessed as not having functional English; and

(C) satisfies the secondary criteria for the grant of a visa of a subclass included in Employer Nomination (Residence) (Class BW): $4,110

(iii) In the case of:

(A) an applicant who is a religious worker within the meaning of paragraph 5 (4) (a) of the Immigration (Education) Charge Regulations 1993 ; or

(B) a member of the family unit of an applicant mentioned in sub-subparagraph (A): Nil

(iv) In the case of an applicant:

(A) to whom subparagraphs (i), (ii) and (iii) do not apply; and

(B) who had turned 18 at the time of application; and

(D) who has not previously paid a second instalment for an application for any of the following visas:

(I) Skilled -- Independent Regional (Provisional) (Class UX) visa;

(II) Subclass 475 (Skilled -- Regional Sponsored) visa;

(III) Subclass 487 (Skilled -- Regional Sponsored) visa: $4,110

(v) In any other case: Nil.

(3) Other:

(a) Application must be made in Australia but not in immigration clearance.

(b) Applicant must be in Australia but not in immigration clearance.

(ba) In the case of an applicant who:

(i) is the holder of 1 of the following visas:

(A) Skilled -- Independent Regional (Provisional) (Class UX) visa;

(B) Subclass 475 (Skilled -- Regional Sponsored) visa;

(ii) seeks to satisfy the primary criteria for the grant of a Subclass 856 (Employer Nomination Scheme) visa;

the applicant has held 1 or more of the following visas for a total of at least 2 years:

(iii) Skilled -- Independent Regional (Provisional) (Class UX) visa;

(iv) Subclass 475 (Skilled -- Regional Sponsored) visa;

(v) Subclass 487 (Skilled -- Regional Sponsored) visa.

(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for an Employer Nomination (Residence) (Class BW) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

856 (Employer Nomination Scheme)

857 (Regional Sponsored Migration Scheme)

1118A. Special Eligibility (Class CB)

(1) Form: 47SV.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who is in Australia: $2,960

(ii) In the case of an applicant who is outside Australia: $1,995

(b) Second instalment (payable before grant of visa):

(i) In the case of each applicant who was 18 years or more at time of application and is assessed as not having functional English: $4,110

(ii) In any other case: Nil.

(3) Other:

(a) Application must be made by:

(i) posting the application (with the correct pre-paid postage) to the post office box address specified by the Minister in an instrument in writing for this subparagraph; or

(ii) having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph.

(b) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Special Eligibility (Class CB) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

151 (Former Resident)

1120. Independent (Migrant) (Class AT)

(1) Form: 47.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $1 080

(b) Second instalment (payable before grant of visa):

(i) In the case of each applicant who was 18 years or more at time of application and is assessed as not having functional English: $2 315

(ii) In any other case: Nil.

(3) Other:

(a) Application must be made outside Australia.

(b) Application by a person claiming to be a member of the family unit of a person who is an applicant for an Independent (Migrant) (Class AT) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

126 (Independent)

135 (State/Territory-Nominated Independent)

1121. Labour Agreement (Migrant) (Class AU)

(1) Form: 47ES (unless the applicant is taken, under regulation 2.08C, to have applied for a Labour Agreement (Migrant) (Class AU) visa, in which case no form is required).

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who is taken, under regulation 2.08C, to have applied for a Labour Agreement (Migrant) (Class AU) visa: Nil

(ii) In the case of an applicant:

(A) who has made a valid application for a Skilled (Migrant) (Class VE) visa; and

(B) in relation to whom a decision to grant or refuse to grant a Subclass 175 (Skilled -- Independent) visa or a Subclass 176 (Skilled -- Sponsored) visa has not been made: Nil

(iii) In any other case: $2 095 .

(b) Second instalment (payable before grant of visa):

(i) Subject to subparagraph (iii), in the case of each applicant who:

(A) was 18 years or more at time of application; and

(B) is assessed as not having functional English; and

(C) satisfies the primary criteria for the grant of
a visa of a subclass included in Labour Agreement (Migrant) (Class AU): $8,240

(ii) Subject to subparagraph (iv), in the case of each applicant (including a person taken by paragraph 2.08C (8) (b) to be included in an application) who:

(A) was 18 years or more at time of application; and

(B) is assessed as not having functional English; and

(C) satisfies the secondary criteria for the grant of a visa of a subclass included in Labour Agreement (Migrant) (Class AU): $4,110

(iii) In the case of an applicant who is a person (a religious worker ):

(A) who seeks to enter Australia to work in accordance with a labour agreement entered into by a religious institution; and

(B) who satisfies the primary criteria for
the grant of a visa of a subclass included
in Labour Agreement (Migrant) (Class AU): Nil

(iv) In the case of an applicant who:

(A) is a member of the family unit of a religious worker; and

(B) satisfies the secondary criteria for the grant of a visa of a subclass included in Labour Agreement (Migrant) (Class AU): Nil

(v) In the case of a Skill Matching (Migrant) (Class BR) visa applicant who is taken, under subregulation 2.08C (7), to have applied for a Labour Agreement (Migrant) (Class AU) visa: $1,945

(vi) In any other case: Nil.

(3) Other:

(a) Application must be made in Australia, but not in immigration clearance.

(b) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Labour Agreement (Migrant) (Class AU) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

120 (Labour Agreement)

1121A. Labour Agreement (Residence) (Class BV)

(1) Form: 47ES.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who is taken, under regulation 2.08CC, to have applied for a Labour Agreement (Residence) (Class BV) visa: Nil

(ii) In the case of an applicant:

(A) who has made a valid application for a Skilled (Residence) (Class VB) visa; and

(B) in relation to whom a decision to grant or refuse to grant a Subclass 885 (Skilled -- Independent) visa or a Subclass 886 (Skilled -- Sponsored) visa has not been made: Nil

(iii) In the case of an applicant:

(A) who has made a valid application for a Skilled (Migrant) (Class VE) visa while being the holder of a Subclass 444 (Special Category) visa; and

(B) in relation to whom a decision to grant or refuse to grant a Subclass 175 (Skilled -- Independent) visa or a Subclass 176 (Skilled -- Sponsored) visa has not been made: Nil

(iv) In any other case: $3 105 .

(b) Second instalment (payable before grant of visa):

(i) Subject to subparagraphs (iii) and (iv), in the case of each applicant who:

(A) was 18 years or more at time of application; and

(B) is assessed as not having functional English; and

(C) satisfies the primary criteria for the grant of a visa of a subclass included in Labour Agreement (Residence) (Class BV): $8,240

(ii) Subject to subparagraphs (iii) and (iv), in the case of each applicant who:

(A) was 18 years or more at time of application; and

(B) is assessed as not having functional English; and

(C) satisfies the secondary criteria for the grant of a visa of a subclass included in Labour Agreement (Residence) (Class BV): $4,110

(iii) In the case of an applicant who is a person (a religious worker ):

(A) who seeks to work, or is working, in accordance with a labour agreement entered into by a religious institution; and

(B) who satisfies the primary criteria for
the grant of a visa of a subclass included
in Labour Agreement (Residence) (Class BV): Nil

(iv) In the case of an applicant who:

(A) is a member of the family unit of a religious worker; and

(B) satisfies the secondary criteria for the grant of a visa of a subclass included in Labour Agreement (Residence) (Class BV): Nil

(v) In any other case: Nil.

(3) Other:

(a) Application must be made in Australia but not in immigration clearance.

(b) Applicant must be in Australia but not in immigration clearance.

(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Labour Agreement (Residence) (Class BV) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

855 (Labour Agreement)

1123. Norfolk Island Permanent Resident (Residence) (Class AW)

(1) Form: 15.

(2) Visa application charge: Nil.

(3) Other:

(a) Application must be made in immigration clearance.

(b) Applicant must be in immigration clearance.

(c) The applicant must show a clearance officer a passport that is in force and that is endorsed with an authority to reside indefinitely on Norfolk Island.

(4) Subclasses:

834 (Permanent Resident of Norfolk Island)

1123A. Other Family (Migrant) (Class BO)

(1) Form: 47OF.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who appears to the Minister, on the basis of information contained in the application, to be a carer: $1,220

(ii) In any other case: $1,995

(b) Second instalment (payable before grant of visa):

(i) In the case of an applicant:

(A) who is a carer; and

(B) 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: Nil

(ii) In any other case: $1,735 .

(3) Other:

(a) Application must be made outside Australia.

(b) Application by a person claiming to be a member of the family unit of a person who is an applicant for an Other Family (Migrant) (Class BO) visa may be made at the same time and place as, and combined with, the application by that person.

(c) Application by a person claiming to be a carer must be accompanied by satisfactory evidence that the relevant medical assessment has been sought.

(4) Subclasses:

114 (Aged Dependent Relative)

115 (Remaining Relative)

116 (Carer)

1123B. Other Family (Residence) (Class BU)

(1) Form: 47OF.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who appears to the Minister, on the basis of information contained in the application, to be a carer: $1,220

(ii) In any other case: $2,960 .

(b) Second instalment (payable before grant of visa):

(i) In the case of an applicant:

(A) who is a carer; and

(B) 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: Nil

(ii) In any other case: $1,735.

(3) Other:

(a) Application must be made in Australia but not in immigration clearance.

(b) Applicant must be in Australia but not in immigration clearance.

(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for an Other Family (Residence) (Class BU) visa may be made at the same time and place as, and combined with, the application by that person.

(d) Application by a person claiming to be a carer must be accompanied by satisfactory evidence that the relevant medical assessment has been sought.

(4) Subclasses:

835 (Remaining Relative)

836 (Carer)

838 (Aged Dependent Relative)

1124. Parent (Migrant) (Class AX)

(1) Form: 47PA.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $1,995

(b) Second instalment (payable before grant of visa): $1,735

(3) Other:

(a) Application must be made in Australia but not in immigration clearance.

(aa) Application must be made by:

(i) posting the application (with the correct pre-paid postage) to the post office box address specified in a Gazette Notice for this subparagraph; or

(ii) having the application delivered by a courier service to the address specified in a Gazette Notice for this subparagraph.

(ab) If the applicant has previously made a valid application for another parent visa:

(i) a decision to grant or to refuse to grant that visa has been made; or

(ii) the application for that visa has been withdrawn.

(b) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Parent (Migrant) (Class AX) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

103 (Parent)

1124A. Aged Parent (Residence) (Class BP)

(1) Form: 47PA.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $2,960

(b) Second instalment (payable before grant of visa): $1,735 .

(3) Other:

(a) Application must be made in Australia, but not in immigration clearance.

(b) The applicant must be in Australia, but not in immigration clearance.

(ba) If the applicant has previously made a valid application for another parent visa:

(i) a decision to grant or to refuse to grant that visa has been made; or

(ii) the application for that visa has been withdrawn.

(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for an Aged Parent (Residence) (Class BP) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

804 (Aged Parent)

1124B. Partner (Residence) (Class BS)

(1) Form:

(a) If the applicant is the holder of a Subclass 445 (Dependent Child) visa: 1002

(b) In any other case: 47SP or 47SP (Internet).

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who is the holder of a Subclass 445 (Dependent Child) visa: Nil

(ii) In the case of an applicant who is the holder of a transitional (temporary) visa, granted on the basis that the holder satisfied the criteria for grant of an extended eligibility entry permit under the Migration (1989) Regulations: $345

(iii) In the case of an applicant who:

(A) is not the holder of a substantive visa; and

(B) entered Australia before 19 December 1989; and

(C) at the time of entry, was engaged to be married to a person who was an Australian citizen or Australian permanent resident; and

(D) has subsequently married that person:
$1,220

(iv) In the case of an applicant who:

(A) is not the holder of a substantive visa; and

(B) entered Australia on or after 19 December 1989 as the holder of a prospective marriage (code number 300) entry permit granted under the Migration (1989) Regulations, or a Class 300 (prospective marriage) entry permit granted under the Migration (1993) Regulations; and

(C) ceased to hold a substantive visa after marrying the Australian citizen or Australian permanent resident whom the applicant entered Australia to marry: $1,220

(v) In the case of an applicant who:

(A) is the holder of a Prospective Marriage (Temporary) (Class TO) visa; and

(B) is married to the person who was specified as the applicant's intended spouse in the application for that visa; and

(vi) In the case of an applicant who:

(A) is not the holder of a substantive visa; and

(B) entered Australia as the holder of a Prospective Marriage (Temporary) (Class TO) visa; and

(C) ceased to hold that visa after marrying the Australian citizen, Australian permanent resident or eligible New Zealand citizen whom the applicant entered Australia to marry; and

(D) seeks to remain in Australia permanently on the basis of that marriage: $1,220

(vii) In any other case: $2,960

(b) Second instalment (payable before grant of visa): Nil.

(3) Other:

(a) Application must be made in Australia, but not in immigration clearance.

(b) The applicant must be in Australia, but not in immigration clearance.

(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Partner (Residence) (Class BS) visa may be made at the same time and place as, and combined with, the application by that person.

(d) If the applicant holds a Subclass 820 (Partner) visa or a Subclass 309 (Partner (Provisional)) visa at the time of making the application for the Partner (Residence) (Class BS) visa, the applicant must not have had any of the following visas refused in the 21 days immediately before making the application for the Partner (Residence) (Class BS) visa:

(i) a Subclass 100 (Spouse) visa;

(ii) a Subclass 100 (Partner) visa;

(iii) a Subclass 110 (Interdependency) visa;

(iv) a Subclass 309 (Spouse (Provisional)) visa;

(v) a Subclass 309 (Partner (Provisional)) visa;

(vi) a Subclass 310 (Interdependency (Provisional)) visa;

(vii) a Subclass 801 (Spouse) visa;

(viii) a Subclass 801 (Partner) visa;

(ix) a Subclass 814 (Interdependency) visa;

(x) a Subclass 820 (Spouse) visa;

(xi) a Subclass 820 (Partner) visa;

(xii) a Subclass 826 (Interdependency) visa.

(e) Subject to subitem (3A), if the applicant is a person to whom section 48 of the Act applies, the applicant:

(i) must not have been refused any of the following visas since last entering Australia:

(A) a Subclass 100 (Spouse) visa;

(B) a Subclass 100 (Partner) visa;

(D) a Subclass 309 (Spouse (Provisional)) visa;

(E) a Subclass 309 (Partner (Provisional)) visa;

(F) a Subclass 310 (Interdependency (Provisional)) visa;

(G) a Subclass 801 (Spouse) visa;

(H) a Subclass 801 (Partner) visa;

(I) a Subclass 814 (Interdependency) visa;

(J) a Subclass 820 (Spouse) visa;

(K) a Subclass 820 (Partner) visa;

(L) a Subclass 826 (Interdependency) visa; and

(ii) must provide, at the same time and place as making the application, an approved form 40SP that has been completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who claims to be the spouse or de facto partner of the applicant (the partner ); and

(iii) must provide, at the same time and place as making the application, 2 statutory declarations each of which:

(A) is made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner; and

(B) declares that the applicant and the partner are in a married relationship or de facto relationship; and

(C) was declared no more than 6 weeks before the day on which the application for the Partner (Residence) (Class BS) visa was made.

(3A) For paragraph (3) (e):

(a) the applicant is taken to have met the requirements of the paragraph if the applicant:

(i) is a person to whom section 48 of the Act applies; and

(ii) claims to be a dependent child of a person who has met the requirements of paragraph (3) (e); and

(b) if the applicant leaves and re-enters the migration zone while holding a bridging visa, the applicant is taken to have been continuously in the migration zone despite the travel.

(4) Subclasses:

801 (Partner)

1127AA. Resolution of Status (Class CD)

Note Subregulation 2.07AQ (3) sets out other circumstances in which a person is taken to have made a valid application for a Resolution of Status (Class CD) visa.

(1) Form: 1364.

(2) Visa application charge: Nil.

(3) Other:

(a) Application must be made in Australia.

(b) Applicant must be in Australia but not in immigration clearance.

Item	Criterion 1	Criterion 2	Criterion 3
1	Applicant holds: (a) a Subclass 447 (Secondary Movement Offshore Entry (Temporary)) visa; or (b) a Subclass 451 (Secondary Movement Relocation (Temporary)) visa; or	Nil	Nil
	(c) a Subclass 695 (Return Pending) visa; or (d) a Subclass 785 (Temporary Protection) visa
2	Applicant held, but no longer holds, a visa of a kind mentioned in criterion 1 of item 1, and the visa was not cancelled	Applicant: (a) has not left Australia; or (b) while holding a visa that permits re-entry to Australia, has left and re-entered Australia	Applicant does not hold a permanent visa
3	Applicant is a member of the same family unit as a person who: (a) has made a valid application for a Resolution of Status (Class CD) visa as a result of satisfying the criteria in item 1 or 2; or (b) is taken to have made a valid application for a Resolution of Status (Class CD) visa as a result of satisfying the criteria in item 1 or 2 of the table in subregulation 2.07AQ (3).	Applicant: (a) was in Australia on 9 August 2008 and was a member of the same family unit on that date; or (b) was born on or after 9 August 2008	Nil

(4) Subclasses:

851 (Resolution of Status)

(5) For this item, a person ( person A ) is a member of the same family unit as another person ( person B ) if:

(a) person A is a member of person B's family unit; or

(b) person B is a member of person A's family unit; or

1128. Return (Residence) (Class BB)

(1) Form:

(a) If the application is an Internet application: 1085E

(b) In any other case: 1085 (unless the application is in accordance with subparagraph (3) (a) (iii), in which case no form is required).

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) Application made in Australia: $300

(ii) Application made outside Australia: $300

(b) Second instalment (payable before grant of visa): Nil.

(3) Other:

(a) For an application that is not an Internet or oral application:

(i) the application may be made in or outside Australia, but not in immigration clearance; and

(ii) the applicant must be in Australia to make an application in Australia; and

(iii) an application made in Australia may be made in writing, but not in accordance with form 1085, if
it is accompanied by the presentation of a valid passport.

(b) For an Internet application the applicant must be in Australia, but not in immigration clearance.

Note An Internet application is taken to have been made at the time, identified using Australian Eastern Standard Time or Australian Eastern Standard Time incorporating Daylight Saving Time in the Australian Capital Territory, that corresponds to the time at which the Internet application is made: see regulation 2.10C.

(ba) For an oral application:

(i) the application must be made in Australia, but not in immigration clearance; and

(ii) the applicant must be in Australia to make an application in Australia; and

(iii) the application must be made as permitted by subregulation 2.09 (2) or (3); and

(iv) for an application that is made as permitted by subregulation 2.09 (2), the application must be accompanied by the presentation of a valid passport.

(c) Application by a person who is included in the passport of another applicant for a Return (Residence) (Class BB) visa may be made at the same time and place as, and combined with, the application by that other applicant.

(d) Application by a person is not a valid application if:

(i) the most recent permanent visa held by the person is, or was, the subject of a notice, under subsection 135 (1) of the Act, proposing cancellation; and

(ii) the person has not been notified of a decision not to proceed with the cancellation; and

(iii) the visa was not the subject of a decision to cancel the visa under section 134 of the Act.

(e) Application by a person is not a valid application if:

(i) the most recent permanent visa held by the person was the subject of a decision to cancel the visa under section 134 of the Act (whether or not the decision has come into effect); and

(ii) the decision to cancel the visa has not been set aside by the AAT.

(4) Subclasses:

155 (Five Year Resident Return)

157 (Three Month Resident Return)

1128AA. Skill Matching (Migrant) (Class BR)

(1) Form: 47SK.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): Nil.

(b) Second instalment (payable before grant of visa):

(i) $2 505 ; and

(ii) For each applicant whose age was 18 years or more at the time of application and is assessed as not having functional English: $3 575 .

Note Regulation 2.11 makes special provision for the visa application charge payable if the Minister has invited the applicant to apply for this visa.

(3) Other:

(a) Application must be made in Australia but not in immigration clearance.

(aa) Application must be made by:

(i) posting the application (with the correct pre-paid postage) to the post office box address specified by the Minister in an instrument in writing for this subparagraph; or

(ii) having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph.

(ab) Applicant seeking to satisfy the primary criteria must be less than 45.

(b) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Skill Matching (Migrant) (Class BR) visa may be made at the same time and place as, and combined with, the application by that person.

(c) Application by a person who is seeking to satisfy the primary criteria must be accompanied by evidence that a relevant assessing authority has assessed the skills of the applicant as suitable for his or her nominated skilled occupation.

(d) Application must be accompanied by satisfactory evidence that the applicant has provided the personal and occupational information required for inclusion in Immigration's skill matching database.

(e) If the applicant:

(i) is the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa; and

(ii) seeks to satisfy the primary criteria for the grant of a Subclass 134 (Skill Matching) visa;

the applicant has held 1 or more Skilled -- Independent Regional (Provisional) (Class UX) visas for a total of at least 2 years.

(f) Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.

(4) Subclasses:

134 (Skill Matching)

1128A. Skilled -- Australian Linked (Migrant) (Class AJ)

(1) Form: 47.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $1 110

(b) Second instalment (payable before grant of visa):

(i) In the case of each applicant whose age was 18 years or more at the time of application and who is assessed as not having functional English: $2 380

(ii) In any other case: Nil

(3) Other:

(a) Application must be made outside Australia.

(b) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled - Australian Linked (Migrant) (Class AJ) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

105 (Skilled - Australian Linked)

106 (Regional Linked)

1128B. Skilled -- Australian-sponsored (Migrant) (Class BQ)

(1) Form: 47SK.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who is taken under regulation 2.08D to have applied for a Skilled - Australian-sponsored (Migrant) (Class BQ) visa: Nil.

(ii) In any other case: $2 575 .

(b) Second instalment (payable before grant of visa):

(i) In the case of each applicant whose age was 18 years or more at the time of application and who is assessed as not having functional English: $3 575 .

(ii) In any other case: Nil.

Note Regulation 2.11 makes special provision for the visa application charge payable if the Minister has invited the applicant to apply for this visa.

(3) Other:

(a) Application must be made in Australia but not in immigration clearance.

(aa) Application must be made by:

(i) posting the application (with the correct pre-paid postage) to the post office box address specified by the Minister in an instrument in writing for this subparagraph; or

(ii) having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph.

(ab) Applicant seeking to satisfy the primary criteria must be less than 45.

(b) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled - Australian-sponsored (Migrant) (Class BQ) visa may be made at the same time and place as, and combined with, the application by that person.

(d) Application must be accompanied by a sponsorship form completed by a person who is the sponsor of the applicant.

(da) Application by a person seeking to satisfy the primary criteria for the grant of a Subclass 138 (Skilled - Australian-sponsored) visa must be made before 1 September 2007.

(e) Application by a person seeking to satisfy the criteria for a Subclass 139 (Skilled -- Designated Area-sponsored) visa must be made before 1 July 2006.

(4) Subclasses:

138 (Skilled - Australian-sponsored)

139 (Skilled - Designated Area-sponsored)

1128BA. Skilled -- Australian-sponsored Overseas Student (Residence) (Class DE)

(1) Forms: 47SK and 47SK (Internet).

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $2 575

(b) Second instalment (payable before grant of visa):

(i) In the case of each applicant who was 18 years or more at time of application and is assessed as not having functional English: $3 575

(ii) In any other case: Nil.

Note Regulation 2.11 makes special provision for the visa application charge payable if the Minister has invited the applicant to apply for this visa.

(3) Other:

(b) Applicant must be in Australia but not in immigration clearance.

(i) all persons included in the application have undergone a medical examination for the purpose of the application carried out by any of the following:

(A) a Medical Officer of the Commonwealth;

(B) a medical practitioner approved by the Minister for this sub-subparagraph;

(ii) each applicant who is at least 16 years old has applied for an Australian Federal Police check in relation to the applicant during the 12 months immediately before the day when the application is made.

(d) Applicant must be:

(i) the holder of a Bridging A (Class WA) visa granted because the applicant met the requirements of subclause 010.211 (2) or (3) of Schedule 2 on the basis of a valid application for a visa other than a visa mentioned in paragraph (e); or

(ii) the holder of a Bridging B (Class WB) visa granted because the applicant met the requirements of subclause 020.212 (2) or (3) of Schedule 2 on the basis of a valid application for a visa other than a visa mentioned in paragraph (e); or

(iii) a person to whom paragraph (e) applies.

(da) Applicant is taken to have complied with paragraph (d) if:

(i) the applicant is not the holder of a substantive visa; and

(ii) the last substantive visa held by the applicant was cancelled, and the Migration Review Tribunal has made a decision to set aside and substitute the cancellation decision or the Minister's decision not to revoke the cancellation; and

(iii) that last substantive visa was a visa other than a visa of a kind mentioned in paragraph (e); and

(iv) the applicant has lodged the application within 28 days after the day when the applicant is taken, under sections 368C, 368D and 379C of the Act, to have been notified of the Tribunal's decision.

(db) If the last substantive visa, held by an applicant who is taken, under paragraph (da), to have complied with paragraph (d), was not a Subclass 560, 562, 563, 572, 573 or 574 visa, the applicant must have been, at some time in the 6 months immediately before that visa was cancelled, the holder of a Subclass 560, 562, 563, 572, 573 or 574 visa that was not of a kind mentioned in paragraph (e).

(e) This paragraph applies to an applicant who is the holder of a substantive visa other than:

(i) a Subclass 560 (Student) visa granted to:

(A) the applicant as a person who satisfied the primary criteria for that visa (the primary person ) in relation to undertaking:

(I) a registered English language course or an ELICOS; or

(II) a course of study paid for wholly or in part by the Commonwealth, the government of a State or Territory, the government of a foreign country or a multilateral agency; or

(III) a full-time course of study or training under a scholarship scheme or training program approved by the AusAID Minister or the Defence Minister; or

(IV) a non-award course ; or

(B) the applicant as a member of the family unit of the primary person; or

(ii) a Subclass 562 (Iranian Postgraduate Student), 563 (Iranian Postgraduate Student Dependant), 572 (Vocational Education and Training Sector), 573 (Higher Education Sector) or 574 (Postgraduate Research Sector) visa granted to:

(A) the applicant as a person who satisfied the primary criteria for the visa (the primary person ) in relation to undertaking a course mentioned in sub-sub-subparagraph (i) (A) (II) or (III); or

(B) the applicant as a member of the family unit of the primary person; or

(iii) a Subclass 570 (Independent ELICOS Sector) visa; or

(iv) a Subclass 571 (Schools Sector) visa; or

(v) a Subclass 575 (Non-Award Sector) visa; or

(vi) a Subclass 576 (AusAID or Defence Sector) visa.

(f) If the applicant is the holder of:

(i) a Bridging A (Class WA) visa or Bridging B (Class WB) visa; or

(ii) a substantive visa that is not a Subclass 560, 562, 563, 572, 573 or 574 visa of the kind required in paragraph (e) --

the applicant must have been, at some time in the 6 months immediately before making the application, the holder of a Subclass 560, 562, 563, 572, 573 or 574 visa of the kind required in paragraph (e).

(g) Applicant must not have been an unlawful non-citizen at any time in the 6 months immediately before making the application.

(h) Application must be made:

(i) by posting the application (with the correct pre-paid postage) to the post office box address specified in an instrument in writing for this subparagraph; or

(ii) by having the application delivered by a courier service to the address specified in an instrument in writing for this subparagraph; or

(iii) as an Internet application.

(ha) Applicant seeking to satisfy the primary criteria must be less than 45.

(i) Applicant seeking to satisfy the primary criteria must make a declaration that the applicant is a person to whom paragraphs (j) and (ja) apply.

(j) This paragraph applies to a person who:

(ii) if he or she is seeking to satisfy the criteria
for the grant of a Subclass 881 (Skilled -- Australian-sponsored Overseas Student) visa -- nominates in his or her application a skilled occupation for which at least 50 points are specified by an instrument in writing for this subparagraph as available; and

(iii) if he or she is seeking to satisfy the criteria for
the grant of a Subclass 882 (Skilled -- Designated Area-sponsored Overseas Student) visa -- nominates a skilled occupation in his or her application; and

(iv) has applied for an assessment of his or her skills for the nominated skilled occupation by a relevant assessing authority.

(ja) This paragraph applies to an applicant to whom paragraph (j) applies if:

(i) each of the following sub-subparagraphs applies in relation to the applicant:

(A) the applicant has, in the 6 months immediately before the day when 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;

(B) all instruction for that degree, diploma or trade qualification was conducted in English; or

(ii) each of the following sub-subparagraphs applies in relation to the applicant:

(A) the applicant has, in the 6 months immediately before the day when 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;

(B) 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;

(C) the 2 or more degrees, diplomas or
trade qualifications mentioned in sub-subparagraphs (A) and (B) 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;

(D) each of the degrees, diplomas or
trade qualifications mentioned in sub- subparagraphs (A) and (B) was completed at the institution at which it was commenced;

(E) all instruction for each of the degrees, diplomas or trade qualifications mentioned
in sub-subparagraphs (A) and (B) was conducted in English.

(k) Application:

(i) made using form 47SK must be accompanied by a sponsorship form 40 completed by a person who is the sponsor of the applicant; or

(ii) made using form 47SK (Internet) must be accompanied by a sponsorship form 40 (Internet) completed by a person who is the sponsor of the applicant.

(l) Application must be accompanied by a declaration by the applicant seeking to satisfy the primary criteria that the applicant's sponsor:

(i) has turned 18; and

(ii) is an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and

(iii) is a person in respect of whom the applicant seeking to satisfy the primary criteria, or the spouse or de facto partner of the applicant seeking to satisfy the primary criteria, if the applicant's spouse or de facto partner is an applicant for a Skilled -- Australian-sponsored Overseas Student (Residence) (Class DE) visa, has one of the following relationships:

(A) a parent;

(B) a child or step-child who is not a dependent child of the sponsor;

(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;

(E) if the applicant is seeking to satisfy the primary criteria for the grant of a Subclass 882 (Skilled -- Designated Area-sponsored Overseas Student) visa -- a grandchild or first cousin.

(m) Application made by an applicant seeking to satisfy the criteria for the grant of a Subclass 882 (Skilled -- Designated Area-sponsored Overseas Student) visa must be accompanied by a declaration by the applicant seeking to satisfy the primary criteria , that the applicant's sponsor:

(i) is resident in an area specified in a an instrument in writing for this subparagraph as a designated area for item 6701 of Schedule 6; and

(ii) was resident in at least 1 designated area throughout the period of 12 months immediately before the day when the application is made (except for short absences for the purposes of recreation or business).

(p) If the applicant is, or was at any time, the holder of an AusAID student visa within the meaning of regulation 1.04A or of a Subclass 560, 562, 563, 570, 571, 572, 573, 574, 575 or 576 visa granted to the applicant for a course of study or training for which the applicant is or was provided financial support by the Commonwealth, the government of a State or Territory, the government of a foreign country or a multilateral agency, application must be accompanied by a declaration by the applicant seeking to satisfy the primary criteria that:

(i) the course of study or training (whether or not the applicant has ceased the course) is one designed to be undertaken over a period of less than 12 months; or

(ii) the applicant:

(A) has ceased, completed, withdrawn from, or been excluded from:

(I) the course of study or training to which the visa relates or related; or

(II) another course approved by the AusAID Minister, or the government or multilateral agency that provided financial support to the applicant, as the case requires, in substitution for that course; and

(B) has spent at least 2 years outside Australia since ceasing or completing, or withdrawing or being excluded from, the course.

(pa) Application by an applicant who is, or was at any time, a member of the family unit of a person:

(i) who was the holder of a visa of a kind mentioned in paragraph (p); and

(ii) to whom subparagraph (p) (ii) applies;

must be accompanied by a declaration by the applicant seeking to satisfy the primary criteria that the applicant has spent at least 2 years outside Australia since that person ceased, completed, withdrew from or was excluded from the course of study or training to which the visa related.

(q) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled -- Australian-sponsored Overseas Student (Residence) (Class DE) visa may be made at the same time and place as, and combined with, the application by that person.

(r) Applicant must:

(i) satisfy paragraphs (a) to (pa); or

(ii) in the case of an applicant who:

(A) is a member of the family unit of an applicant who satisfies paragraphs (a) to (pa); and

(B) makes a combined application with that applicant;

satisfy paragraphs (a) to (h) and (k) to (pa).

(s) Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.

(4) Subclasses:

881 (Skilled -- Australian-sponsored Overseas Student)

882 (Skilled -- Designated Area-sponsored Overseas Student)

(5) In this item:

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).

"trade qualification" has the meaning given in subregulation 2.26A (6).

Note For relevant assessing authority and skilled occupation , see regulation 1.03.

1128C. Skilled -- Independent (Migrant) (Class BN)

(1) Form: 47SK.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who is taken under regulation 2.08D to have applied for a Skilled - Independent (Migrant) (Class BN) visa: Nil.

(ii) In the case of an applicant who is the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa: $235 .

(iii) In any other case: $2 575 .

(b) Second instalment (payable before grant of visa):

(i) In the case of each applicant whose age was 18 years or more at the time of application, who is not the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa and who is assessed as not having functional English: $3 575 .

(ii) In any other case: Nil.

Note Regulation 2.11 makes special provision for the visa application charge payable if the Minister has invited the applicant to apply for this visa.

(3) Other:

(a) Application must be made in Australia but not in immigration clearance.

(aa) Application must be made by:

(i) posting the application (with the correct pre-paid postage) to the post office box address specified by the Minister in an instrument in writing for this subparagraph; or

(ii) having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph.

(ab) Except in the case of an applicant who:

(i) is the holder of a Subclass 495 (Skilled -- Independent Regional (Provisional)) visa; and

(ii) is seeking to satisfy the primary criteria for a Subclass 137 (Skilled -- State/Territory-nominated Independent) visa;

applicant seeking to satisfy the primary criteria must be less than 45.

(b) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled - Independent (Migrant) (Class BN) visa may be made at the same time and place as, and combined with, the application by that person.

(i) is the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa granted on the basis of satisfying the primary criteria; or

(ii) is the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa granted on the basis that he or she was the spouse or de facto partner of the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa granted on the basis of satisfying the primary criteria;

application must be accompanied by evidence that a relevant assessing authority has assessed the skills of
the applicant seeking to satisfy the primary criteria
for the grant of a Subclass 136 (Skilled -- Independent)
or Subclass 137 (Skilled -- State/Territory-nominated Independent) visa as suitable for his or her nominated skilled occupation.

(d) If the applicant:

(i) is the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa; and

(ii) seeks to satisfy the primary criteria for the grant
of a Subclass 136 (Skilled -- Independent) or a Subclass 137 (Skilled -- State/Territory-nominated Independent) visa;

the applicant has held 1 or more Skilled -- Independent Regional (Provisional) (Class UX) visas for a total of at least 2 years.

(e) Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.

(4) Subclasses:

136 (Skilled - Independent)

137 (Skilled - State/Territory-nominated Independent)

1128CA. Skilled -- Independent Overseas Student (Residence) (Class DD)

(1) Forms: 47SK and 47SK (Internet).

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $2 575

(b) Second instalment (payable before grant of visa):

(i) In the case of each applicant who was 18 years or more at time of application and is assessed as not having functional English: $3 575

(ii) In any other case: Nil.

Note Regulation 2.11 makes special provision for the visa application charge payable if the Minister has invited the applicant to apply for this visa.

(3) Other:

(b) Applicant must be in Australia but not in immigration clearance.

(i) by posting the application (with the correct pre-paid postage) to the post office box address specified in an instrument in writing for this subparagraph; or

(ii) by having the application delivered by a courier service to the address specified in an instrument in writing for this subparagraph; or

(iii) as an Internet application.

(d) Application must be accompanied by a declaration by the applicant seeking to satisfy the primary criteria that:

(i) all persons included in the application have undergone a medical examination for the purpose of the application, carried out by any of the following:

(A) a Medical Officer of the Commonwealth;

(B) a medical practitioner approved by the Minister for this sub-subparagraph;

(e) Applicant must be:

(iii) a person to whom paragraph (f) applies.

(ea) Applicant is taken to have complied with paragraph (e) if:

(i) the applicant is not the holder of a substantive visa; and

(iii) that last substantive visa was a visa other than a visa of a kind mentioned in paragraph (f); and

(eb) If the last substantive visa, held by an applicant who is taken, under paragraph (ea), to have complied with paragraph (e), was not a Subclass 560, 562, 563, 572, 573 or 574 visa, the applicant must have been, at some time in the 6 months immediately before that visa was cancelled, the holder of a Subclass 560, 562, 563, 572, 573 or 574 visa that was not of a kind mentioned in paragraph (f).

(f) This paragraph applies to an applicant who is the holder of a substantive visa other than:

(i) a Subclass 560 (Student) visa granted to:

(A) the applicant as a person who satisfied the primary criteria for that visa (the primary person ) in relation to undertaking:

(I) a registered English language course or an ELICOS; or

(II) a course of study paid for wholly or in part by the Commonwealth, the government of a State or Territory, the government of a foreign country or a multilateral agency; or

(III) a full-time course of study or training under a scholarship scheme or training program approved by the AusAID Minister or the Defence Minister ; or

(IV) a non-award course ; or

(B) the applicant as a member of the family unit of the primary person; or

(iii) a Subclass 570 (Independent ELICOS Sector) visa; or

(iv) a Subclass 571 (Schools Sector) visa; or

(v) a Subclass 575 (Non-Award Sector) visa; or

(vi) a Subclass 576 (AusAID or Defence Sector) visa.

(g) If the applicant is the holder of:

(i) a Bridging A (Class WA) visa or Bridging B (Class WB) visa; or

(ii) a substantive visa that is not a Subclass 560, 562, 563, 572, 573 or 574 visa of the kind required in paragraph (f) --

(h) Applicant must not have been an unlawful non-citizen at any time in the 6 months immediately before making the application.

(i) Applicant seeking to satisfy the primary criteria must be less than 45 years of age.

(j) Applicant seeking to satisfy the primary criteria must, in his or her application:

(i) if the applicant has, in the 6 months immediately before the day on which the application is made, completed a doctoral degree, in which all instruction was conducted in English, for award by an Australian educational institution as the result of at least 2 years of full-time study in Australia at that institution -- nominate a skilled occupation for which at least 50 points are specified by an instrument in writing for this subparagraph as available; or

(ii) in any other case -- nominate a skilled occupation for which 60 points are specified by an instrument in writing for this subparagraph as available.

(k) Application by an applicant seeking to satisfy the primary criteria must be accompanied by a declaration by the applicant that the applicant has applied for an assessment of the applicant's skills for the nominated skilled occupation by a relevant assessing authority.

(l) Application by an applicant seeking to satisfy the primary criteria must be accompanied by a declaration by the applicant that:

(i) each of the following sub-subparagraphs applies in relation to the applicant:

(ii) each of the following sub-subparagraphs applies in relation to the applicant:

(A) the applicant has, in the 6 months immediately before the day when 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;

(C) the 2 or more degrees, diplomas or trade qualifications mentioned in sub- subparagraphs (A) and (B) 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;

(D) each of the degrees, diplomas or
trade qualifications mentioned in sub- subparagraphs (A) and (B) was completed at the institution at which it was commenced;

(E) all instruction for each of the degrees, diplomas or trade qualifications mentioned
in sub-subparagraphs (A) and (B) was conducted in English.

(m) If the applicant is, or was at any time, the holder of an AusAID student visa within the meaning of regulation 1.04A or of a Subclass 560, 562, 563, 570, 571, 572, 573, 574, 575 or 576 visa granted to the applicant for a course of study or training for which the applicant is or was provided financial support by the Commonwealth, the government of a State or Territory, the government of a foreign country or a multilateral agency, application must be accompanied by a declaration by the applicant seeking to satisfy the primary criteria that:

(i) the course of study or training (whether or not the applicant has ceased the course) is one designed to be undertaken over a period of less than 12 months; or

(ii) the applicant:

(A) has ceased, completed, withdrawn from, or been excluded from:

(I) the course of study or training to which the visa relates or related; or

(B) has spent at least 2 years outside Australia since ceasing or completing, or withdrawing or being excluded from, the course.

(ma) Application by an applicant who is, or was at any time, a member of the family unit of a person:

(i) who was the holder of a visa of a kind mentioned in paragraph (m); and

(ii) to whom subparagraph (m) (ii) applies;

(n) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled -- Independent Overseas Student (Residence) (Class DD) visa may be made at the same time and place as, and combined with, the application by that person.

(o) Applicant must:

(i) satisfy paragraphs (a) to (ma); or

(ii) in the case of an applicant who:

(A) is a member of the family unit of an applicant who satisfies paragraphs (a) to (ma); and

(B) makes a combined application with that applicant;

satisfy paragraphs (a) to (h), (m) and (ma).

(p) Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.

(4) Subclasses:

880 (Skilled -- Independent Overseas Student)

(5) In this item:

completed , in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

course of study has the meaning given by subregulation 2.26A (7A).

"degree and diploma" have the meanings given in subregulation 2.26A (6).

"trade qualification" has the meaning given in subregulation 2.26A (6).

Note For relevant assessing authority and skilled occupation , see regulation 1.03.

1128D. Skilled -- New Zealand Citizen (Residence) (Class DB)

(1) Form: 47SK.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $2 575

(b) Second instalment (payable before grant of visa):

(i) In the case of each applicant who was 18 years or more at time of application and is assessed as not having functional English: $3 575

(ii) In any other case: Nil.

Note Regulation 2.11 makes special provision for the visa application charge payable if the Minister has invited the applicant to apply for this visa.

(3) Other:

(a) Application must be made in Australia, but not in immigration clearance.

(aa) Application must be made by:

(i) posting the application (with the correct pre-paid postage) to the post office box address specified by the Minister in an instrument in writing for this subparagraph; or

(ii) having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph.

(b) Applicant must be in Australia, but not in immigration clearance.

(ca) Applicant seeking to satisfy the primary criteria must be less than 45.

(d) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled -- New Zealand Citizen (Residence) (Class DB) visa may be made at the same time and place as, and combined with, the application by that person.

(e) Application by a person seeking to satisfy the primary criteria must be accompanied by evidence that a relevant assessing authority has assessed the skills of the applicant as suitable for his or her nominated skilled occupation.

(f) Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.

(4) Subclasses:

861 (Skilled -- Onshore Independent New Zealand Citizen)

862 (Skilled -- Onshore Australian-sponsored New Zealand Citizen)

863 (Skilled -- Onshore Designated Area-sponsored New Zealand Citizen)

1129. Partner (Migrant) (Class BC)

(1) Form:

(a) If the applicant is the holder of a Subclass 445 (Dependent Child) visa: 1002.

(b) In any other case: 47SP or 47SP (Internet).

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of each applicant who is the holder of a Subclass 445 (Dependent Child) visa: Nil

(ii) In any other case: $1,995

(b) Second instalment (payable before grant of visa): Nil.

(3) Other:

(a) Application otherwise than by the holder of:

(i) a Subclass 445 (Dependent Child) visa; or

(ii) a Subclass 309 (Spouse (Provisional)) visa, a Subclass 309 (Partner (Provisional)) visa or a Subclass 310 (Interdependency (Provisional)) visa, which the Minister has decided, under section 345, 351, 391, 417, 454 or 501J of the Act, to grant;

must be made outside Australia.

(b) Application by the holder of:

(i) a Subclass 445 (Dependent Child) visa; or

may be made in or outside Australia, but not in immigration clearance.

(i) a Subclass 445 (Dependent Child) visa; or

must be outside Australia.

(d) Applicant who is the holder of:

(i) a Subclass 445 (Dependent Child) visa; or

may be in or outside Australia, but not in immigration clearance.

(e) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Partner (Migrant) (Class BC) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

100 (Partner)

1130. Contributory Parent (Migrant) (Class CA)

(1) Form:

(a) If the applicant is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa: 47PT

(b) In any other case: 47PA.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) For an applicant who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application: $270

(ia) For an applicant who:

(A) held a Subclass 173 (Contributory Parent (Temporary)) visa; and

(B) is the holder of a substituted Subclass 676 visa at the time of application: $270

(ib) For an applicant who has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application: $270

(ic) For an applicant who has held a Subclass 173 (Contributory Parent (Temporary)) visa, and who provides the Minister with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 173 (Contributory Parent (Temporary)) visa for the purpose of the application: $1,995

(ii) For an applicant who:

(A) made a valid application for a Parent (Migrant) (Class AX) visa before the day on which this item commences; and

(B) withdrew that application at the same time as making the application for the Contributory Parent (Migrant) (Class CA) visa: Nil

(iii) In any other case: $1,995

(b) Second instalment (payable before grant of visa):

(i) For an applicant who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application: $16,005

(ia) For an applicant

(A) who:

(I) held a Subclass 173 (Contributory Parent (Temporary)) visa; and

(II) is the holder of a substituted Subclass 676 visa at the time of application; and

(III) is not described in sub-subparagraph (B): $16,005; or

(B) who:

(I) held a Subclass 173 (Contributory Parent (Temporary)) visa; and

(II) is, at the time of application, the holder of a substituted Subclass 676 visa or the child or step-child of
an applicant mentioned in sub- subparagraph (A); and

(III) is a person who is the child or step-child of an applicant for a Contributory Parent (Migrant) (Class CA) visa and has not turned 18 at the time of application for a Contributory Parent (Temporary) (Class UT) visa: Nil.

(ii) For an applicant who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, and:

(A) is the child or step-child of an applicant for a Contributory Parent (Migrant) (Class CA) visa; and

(B) had not turned 18 at the time of application for a Contributory Parent (Temporary) (Class UT) visa : Nil

(iia) For an applicant who has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application: $16,005

(iib) For an applicant who has held a Subclass 173 (Contributory Parent (Temporary)) visa, and in relation to whom the Minister is satisfied that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application: $14,490

(iii) For an applicant who:

(A) is a dependent child of an applicant for a Contributory Parent (Migrant) (Class CA) visa; and

(B) has not turned 18 at the time of application: $1,730

(iv) In any other case: $40,015 .

(3) Other:

(a) If the applicant is in Australia, and is:

(i) the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; or

(ii) the holder of a substituted Subclass 676 visa;

the application must be made in Australia but not in immigration clearance.

(b) For an applicant other than an applicant mentioned in paragraph (a), the application must be made by:

(i) posting the application (with the correct pre-paid postage) to the post office box address specified by the Minister in an instrument for this subparagraph; or

(ii) having the application delivered by a courier to the address specified by the Minister in an instrument for this subparagraph.

(c) If the applicant (the relevant applicant ) makes his
or her application on the basis of claiming to be a member of the family unit of a person who is an applicant
for a Contributory Parent (Migrant) (Class CA) visa
(the other applicant ), the relevant applicant's application:

(i) must be made in the same way as the application made by the other applicant; and

(ii) may be made at the same time and place as, and combined with, the application made by the other applicant.

(d) If the applicant has previously made a valid application for another parent visa:

(i) a decision to grant or refuse to grant that visa has been made; or

(ii) the application for that visa has been withdrawn.

(4) Subclasses:

143 (Contributory Parent)

(5) In this item, a reference to an applicant who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa, means a person who, as the case may be:

(a) currently holds a Subclass 173 (Contributory Parent (Temporary)) visa; or

(b) has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or

(c) has held a Subclass 173 (Contributory Parent (Temporary)) visa, and who provides the Minister
with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 173 (Contributory Parent (Temporary)) visa for the purpose of the application.

1130A. Contributory Aged Parent (Residence) (Class DG)

(1) Form:

(a) If the applicant is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa: 47PT

(b) In any other case: 47PA.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) For an applicant who:

(A) made a valid application for an Aged Parent (Residence) (Class BP) visa before the day on which this item commences; and

(B) withdrew that application at the same time as making the application for the Contributory Aged Parent (Residence) (Class DG) visa: Nil

(ii) For an applicant who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application: $270

(iia) For an applicant who:

(A) held a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

(B) is the holder of a substituted Subclass 676 visa at the time of application: $270

(iib) For an applicant who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application: $270

(iic) For an applicant who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa,
and who provides the Minister with evidence
that compassionate and compelling circumstances exist for the person to be considered to
be the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa for the purpose of the application: $2,960

(iii) In any other case: $2,960

(b) Second instalment (payable before grant of visa):

(i) For an applicant who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application: $16,005

(ia) For an applicant:

(A) who:

(I) held a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

(II) is the holder of a substituted Subclass 676 visa at the time of application; and

(III) is not described in sub-subparagraph (B): $16,005; or

(B) who:

(I) held a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

(II) is, at the time of application, the holder of a substituted Subclass 676 visa or the child or step-child of
an applicant mentioned in sub- subparagraph (A); and

(ii) For an applicant who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application , and:

(A) is the child or step-child of an applicant for a Contributory Aged Parent (Residence) (Class DG) visa; and

(B) had not turned 18 at the time of application for a Contributory Aged Parent (Temporary) (Class UU) visa : Nil

(iia) For an applicant who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application: $16,005

(iib) For an applicant who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa,
and in relation to whom the Minister is satisfied
that compassionate and compelling circumstances exist for the person to be considered to be
the holder of a Subclass 884 (Contributory Aged
Parent (Temporary)) visa at the time of
application: $13,640

(iii) For an applicant who:

(A) is a dependent child of an applicant for
a Contributory Aged Parent (Residence) (Class DG) visa; and

(B) has not turned 18 at the time of application: $1,730

(iv) In any other case: $40,015 .

(3) Other:

(a) Application must be made in Australia but not in immigration clearance.

(b) Applicant must be in Australia but not in immigration clearance.

(i) a decision to grant or to refuse to grant that visa has been made; or

(ii) the application for that visa has been withdrawn.

(d) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Contributory Aged Parent (Residence) (Class DG) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

864 (Contributory Aged Parent)

(5) In this item, a reference to an applicant who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa, means a person who, as the case may be:

(a) currently holds a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or

(b) has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or

(c) has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa, and who provides the Minister
with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa for the purpose of the application.

1131. Territorial Asylum (Residence) (Class BE)

(1) Form: Nil.

(2) Visa application charge: Nil.

(3) Other:

(a) Application must be made by or on behalf of the applicant in a manner approved by a Minister.

(aa) At the time when the application is made, there is lodged at the office of Immigration at which, or with the officer
of Immigration to whom, the application is made, documentation that:

(i) evidences the grant by a Minister to the applicant of territorial asylum in Australia; and

(ii) was issued by or on behalf of the Commonwealth.

(b) Application must be made in Australia.

(d) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Territorial Asylum (Residence) (Class BE) visa may be made at
the same time and place as, and combined with, the application by that person.

(4) Subclasses:

800 (Territorial Asylum)

1133. Witness Protection (Trafficking) (Permanent) (Class DH)

(1) Form: Nil.

(2) Visa application charge: Nil.

(3) Subclasses:

852 (Witness Protection (Trafficking) (Permanent))

Note See regulation 2.07AK for how an application for a Witness Protection (Trafficking) (Permanent) (Class DH) visa is taken to have been validly made.

1134. Skilled -- Designated Area-sponsored (Residence) (Class CC)

(1) Form: 47ST.

(2) Visa application charge:

(a) First instalment (payable at the time application is
made): $235.

(b) Second instalment (payable before grant of visa):

(i) In the case of an applicant who:

(A) was 18 or more at the time of application; and

(B) is assessed as not having functional English; and

(D) has not paid a second instalment for the application for that visa: $3 575.

(ii) In the case of an applicant who:

(A) was 18 or more at the time of application; and

(B) is assessed as not having functional English; and

(iii) In any other case: Nil.

(3) Other:

(a) Applicant may be in or outside Australia, but not in immigration clearance.

(b) Application must be made by:

(i) posting the application (with the correct pre-paid postage) to the post office box address specified by the Minister in an instrument in writing for this subparagraph; or

(ii) having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph.

(c) Applicant seeking to satisfy the primary criteria must be the holder of a Skilled -- Designated Area-sponsored (Provisional) (Class UZ) visa and must have held a visa of that class for at least 2 years.

(d) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled -- Designated Area-sponsored (Residence) (Class CC) visa may be made at the same time and place as, and combined with, the application by that person.

(e) Application must be accompanied by evidence that each applicant who is at least 16 has applied for an Australian Federal Police check in relation to the applicant during the 12 months immediately before the day when the application is made.

(f) Application must be accompanied by a sponsorship form 40 completed by the person who is the sponsor of the applicant.

(g) Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.

(4) Subclasses:

883 (Skilled -- Designated Area-sponsored (Residence))

1135. Skilled (Migrant) (Class VE)

(1) Forms: 1276 and 1276 (Internet).

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $2,960

(b) Second instalment (payable before grant of visa):

(i) In the case of an applicant:

(A) who had turned 18 at the time of application; and

(B) who is assessed as not having functional English: $4,110

(ii) In any other case: Nil.

(3) Other:

(a) Application must be made:

(i) as an Internet application; or

(ii) by posting the application (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 subparagraph; or

(iii) by having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph.

(b) Applicant seeking to satisfy the primary criteria must be less than 50.

(c) Applicant seeking to satisfy the primary criteria must nominate a skilled occupation for the applicant in the application.

(ca) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 176 (Skilled -- Sponsored) visa must meet the requirements in subitem (3A) or (3B).

(d) Application by a person claiming to be a member of the family unit of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.

(3A) The applicant is nominated by a State or Territory government agency.

(3B) All of the following requirements are met:

(a) the applicant is 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;

(b) the applicant has declared on the application that the sponsor:

(i) is usually resident in Australia; and

(ii) 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 seeking to satisfy the criteria for a Subclass 176 (Skilled -- Sponsored) visa), as:

(A) a parent; or

(B) a child or step-child; 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;

(i) is an applicant; and

(ii) claims to be a member of the family unit of the applicant;

is sponsored by the same person;

(d) the sponsorship was entered into on Form 1277 (Internet) or 1277.

(4) Subclasses:

175 (Skilled -- Independent)

176 (Skilled -- Sponsored)

1136. Skilled (Residence) (Class VB)

(1) Forms: 1276 and 1276 (Internet).

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who is the holder of:

(A) a Skilled -- Independent Regional (Provisional) (Class UX) visa; or

(B) a Skilled -- Designated Area-sponsored (Provisional) (Class UZ) visa; or

(D) a Subclass 487 (Skilled -- Regional Sponsored) visa; or

(E) a Bridging A (Class WA) or Bridging B (Class WB) visa granted on the basis of a valid application for:

(I) a Skilled -- Independent Regional (Provisional) (Class UX) visa; or

(II) a Skilled (Provisional) (Class VC) visa (other than a Subclass 485 visa): $315

(ii) In any other case: $2,960.

(b) Second instalment (payable before grant of visa):

(i) In the case of an applicant who:

(A) had turned 18 at the time of application; and

(B) is assessed as not having functional English; and

(C) has not paid a second instalment of
visa application charge in relation to
the application for the visa, mentioned
in paragraph (a), that the applicant holds: $4,110

(ii) In any other case: Nil.

(3) Other:

(a) Application must be made:

(i) as an Internet application; or

(ii) by posting the application (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 subparagraph; or

(iii) by having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph.

(b) Applicant must be in Australia but not in immigration clearance.

(ba) If the applicant:

(i) is not seeking to satisfy the criteria for the grant of a Subclass 887 (Skilled -- Regional) visa; and

(ii) has not nominated a skilled occupation specified by the Minister in an instrument in writing for paragraph (bb);

the applicant's skills must have been assessed by the relevant assessing authority as suitable for the applicant's nominated skilled occupation.

(bb) If the applicant:

(i) is not seeking to satisfy the criteria for the grant of a Subclass 887 (Skilled -- Regional) visa; and

(ii) has nominated a skilled occupation specified by the Minister in an instrument in writing for this paragraph;

the applicant's skills must have been assessed by the relevant assessing authority, on or after 1 January 2010, as suitable for the applicant's nominated skilled occupation.

(c) Application by a person claiming to be a member of the family unit of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.

(ca) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 886 (Skilled -- Sponsored) visa must meet the requirements in subitem (3A) or (3B).

(d) The requirements of subitem (4) , (5), (6) or (7) must be satisfied.

(3A) The applicant is nominated by a State or Territory government agency.

(3B) All of the following requirements are met:

(a) the applicant is 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;

(b) the applicant has declared on the application that the sponsor:

(i) is usually resident in Australia; and

(A) a parent; or

(B) a child or step-child; 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;

(i) is an applicant; and

(ii) claims to be a member of the family unit of the applicant;

is sponsored by the same person;

(d) the sponsorship was entered into on Form 1277 (Internet) or 1277.

(4) The following requirements must be met:

(a) one of the following subparagraphs must be satisfied by the applicant:

(i) the applicant must be the holder of an eligible student visa;

(ii) the applicant must be the holder of a Bridging A (Class WA) visa or Bridging B (Class WB) visa that was granted on the basis of a valid application for a visa other than 1 of the following visas:

(A) a Subclass 570 (Independent ELICOS Sector) visa;

(B) a Subclass 571 (Schools Sector) visa;

(C) a Subclass 572 (Vocational Education and Training Sector) visa, a Subclass 573 (Higher Education Sector) visa, or a Subclass 574 (Postgraduate Research Sector) visa, that was applied for on the basis that the applicant seeking to satisfy the primary criteria for the grant of that visa intends to undertake a course of study paid for, wholly or in part, by:

(I) the Commonwealth or the government of a State or Territory; or

(II) the government of a foreign country; or

(III) a multilateral agency;

and for which a condition of payment by that body for the course is that the student will leave Australia on the completion of the course;

(D) a Subclass 572 (Vocational Education and Training Sector) visa, a Subclass 573 (Higher Education Sector) visa, or a Subclass 574 (Postgraduate Research Sector) visa that was applied for on the basis that the applicant seeking to satisfy the primary criteria for
the grant of that visa intends to undertake
a course of study or training under a scholarship scheme or training program approved by:

(I) the AusAID Minister; or

(II) the Defence Minister;

and for which a condition of that scheme or program is that the student will leave Australia on completion of the course;

(E) a Subclass 575 (Non-Award Sector) visa;

(F) a Subclass 576 (AusAID or Defence Sector) visa;

and must also have held an eligible student visa at any time during the period of 6 months ending immediately before the day on which the application is made;

(iii) the applicant must:

(A) be the holder of a substantive visa other than a visa mentioned in sub-subparagraphs (ii) (A) to (F); and

(B) have held an eligible student visa at any time during the period of 6 months ending immediately before the day on which the application for the Skilled (Residence) (Class VB) visa is made;

(iv) the applicant must have been taken, under sections 368C, 368D and 379C of the Act to have been notified that the Migration Review Tribunal has set aside and substituted the Minister's decision not to revoke the cancellation of the applicant's eligible student visa not more than 28 days before the day on which the application is made;

(b) the applicant seeking to satisfy the primary criteria for the grant of the visa:

(i) must be less than 50; and

(ii) must nominate a skilled occupation for the applicant that is specified by the Minister in an instrument in writing for this subparagraph.

(5) The following requirements must be met:

(a) the applicant must be:

(i) the holder of a Subclass 476 (Skilled -- Recognised Graduate) visa; or

(ii) the holder of a Subclass 485 (Skilled -- Graduate) visa;

(b) the applicant seeking to satisfy the primary criteria for the grant of the visa must:

(i) have been granted the visa mentioned in paragraph (a) on the basis of satisfying the primary criteria for the grant of that visa; and

(ii) nominate a skilled occupation for the applicant that is specified by the Minister in an instrument in writing for this subparagraph.

(6) The following requirements must be met:

(a) each applicant must be the holder of a Subclass 471 (Trade Skills Training) visa;

(b) the applicant seeking to satisfy the primary criteria for the grant of the visa:

(i) must have been the holder, for a total of at least 2 years before the day on which the application was made, of the Subclass 471 (Trade Skills Training) visa mentioned in paragraph (a) that was granted on the basis of satisfying the primary criteria for the grant of that visa; and

(ii) must be less than 50; and

(iii) must nominate a skilled occupation for the applicant that is specified by the Minister in an instrument in writing for this subparagraph.

(7) The following requirements must be met:

(a) the applicant must be the holder of:

(i) a Skilled -- Independent Regional (Provisional) (Class UX) visa; or

(ii) a Skilled -- Designated Area-sponsored (Provisional) (Class UZ) visa; or

(iii) a Subclass 475 (Skilled -- Regional Sponsored) visa; or

(iv) a Subclass 487 (Skilled -- Regional Sponsored) visa; or

(v) a Bridging A (Class WA) visa or Bridging B (Class WB) visa that was granted on the basis of a valid application for:

(A) a Skilled -- Independent Regional (Provisional) (Class UX) visa; or

(B) a Skilled (Provisional) (Class VC) visa;

(b) the applicant seeking to satisfy the primary criteria for the grant of the visa must have been, for a total of at least 2 years before the day on which the application was made, the holder of 1 of the following visas:

(i) a Skilled -- Independent Regional (Provisional) (Class UX) visa;

(ii) a Skilled -- Designated Area-sponsored (Provisional) (Class UZ) visa;

(iii) a Subclass 475 (Skilled -- Regional Sponsored) visa;

(iv) a Subclass 487 (Skilled -- Regional Sponsored) visa;

that was granted on the basis of satisfying the primary criteria for the grant of that visa, or of being the spouse or de facto partner of the applicant who satisfied the primary criteria for the grant of the visa.

(8) Subclasses:

885 (Skilled -- Independent)

886 (Skilled -- Sponsored)

887 (Skilled -- Regional)

Part 2 Temporary visas (other than bridging visas)

Note Arrangements that affect certain visas mentioned in this Part can be found in regulation 2.12BC.

1201. Border (Temporary) (Class TA)

(1) Form: 871.

(2) Visa application charge: Nil.

(3) Other:

(a) In the case of an application by a non-citizen who:

(i) is a dependent child of a non-citizen; and

(ii) is the holder of a Subclass 773 visa:

(A) application may be made in Australia; and

(B) applicant must be in Australia.

(b) In any other case:

(i) Application must be made in immigration clearance.

(ii) Applicant must be in immigration clearance.

(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Border (Temporary) (Class TA) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

773 (Border)

1202A. Business Skills (Provisional) (Class UR)

(1) Forms:

(a) 47BT and:

(i) 1136; or

(ii) 1137; or

(iii) 1139; and

(b) For applicant seeking to satisfy the primary criteria for the grant of:

(i) a Subclass 163 (State/Territory Sponsored Business Owner (Provisional)) visa; or

(ii) a Subclass 164 (State/Territory Sponsored Senior Executive (Provisional)) visa; or

(iii) a Subclass 165 (State/Territory Sponsored Investor (Provisional)) visa:

949.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $3,930

(b) Second instalment (payable before grant of visa):

(i) For each applicant who:

(A) was at least 18 years old at time of application; and

(B) is assessed as not having functional English; and

(C) satisfies the primary criteria for the grant of a visa of a subclass included in Business Skills (Provisional) (Class UR): $8,240

(ii) For each applicant who:

(A) was at least 18 years old at time of application; and

(B) is assessed as not having functional English; and

(C) satisfies the secondary criteria for the grant of a visa of a subclass included in Business Skills (Provisional) (Class UR): $4,110

(iii) In any other case: Nil.

(3) Other:

(a) Application must be made:

(i) if the applicant's residential address, given using form 47BT, is in Taiwan or PRC, including Hong Kong or Macau -- at the address specified by the Minister, in an instrument in writing, for this subparagraph; or

(iii) in any other case -- at the address specified by the Minister, in an instrument in writing, for this subparagraph.

(b) Applicant may be in or outside Australia, but not in immigration clearance.

(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Business Skills (Provisional) (Class UR) visa may be made at the same time and place as, and combined with, the application by that person.

(d) For applicant seeking to satisfy the primary criteria for
the grant of a Subclass 163 (State/Territory Sponsored Business Owner (Provisional)), 164 (State/Territory Sponsored Senior Executive (Provisional)) or 165 (State/ Territory Sponsored Investor (Provisional)) visa:

(i) applicant must be sponsored by an appropriate regional authority; and

(ii) form 949 must be signed by an officer of the authority who is authorised to sign a sponsorship of that kind.

(4) Subclasses:

160 (Business Owner (Provisional))

161 (Senior Executive (Provisional))

162 (Investor (Provisional))

163 (State/Territory Sponsored Business Owner (Provisional))

164 (State/Territory Sponsored Senior Executive (Provisional))

165 (State/Territory Sponsored Investor (Provisional))

1205. Cultural/Social (Temporary) (Class TE)

(1) Form: 147.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who is outside Australia at the time of application, and who appears to the Minister on the basis of the information contained in the application to meet the requirements of subparagraph (iii): Nil

(ia) In the case of an applicant who is outside Australia at the time of application, and who appears to
the Minister on the basis of information contained
in the application to meet the requirements of subparagraph (ii): Nil

(ii) An applicant meets the requirements of this subparagraph if:

(A) the applicant has been identified in a nomination under section 140GB of the Act to perform as an entertainer in 1 or more specific engagements that are for non-profit purposes; or

(B) the applicant has been identified
in a nomination under section 140GB
of the Act by a person mentioned in sub-sub-subparagraph 1205 (3) (cb) (ii) (B) (I) or (II), and that person is an organisation that is:

(I) funded wholly or in part by the Commonwealth; and

(II) is approved by the Secretary for this sub-sub-subparagraph.

(iii) An applicant satisfies the requirements of this subparagraph if the application is made on the basis that the applicant is:

(A) entered, as an amateur participant, in a sporting event; or

(B) appointed or employed to assist:

(I) an amateur participant in a sporting event; or

(II) an amateur team that is participating in a sporting event.

(iv) In the case of an applicant who:

(A) applies outside Australia; and

(B) is a member of a sporting body that comprises at least 10 other applicants:

A charge that is equal to $3,050 divided by the number of applicants included in that body.

(iva) In the case of an applicant who:

(A) is outside Australia at the time of application; and

(B) is a member of an entertainment body that comprises at least 10 other applicants:

A charge that is equal to $2 650 divided by the number of applicants included in that body.

(v) In any other case: $305

(b) Second instalment (payable before grant of visa): Nil.

(3) Other:

(a) Application (other than an application by a person seeking to satisfy the criteria for the grant of a Subclass 416 (Special Program) visa or a Subclass 420 (Entertainment) visa) may be made in or outside Australia, but not in immigration clearance.

(aa) Applicant seeking to satisfy a criterion for the grant of a Subclass 416 (Special Program) visa specified in paragraph 416.222 (d) of Schedule 2 must be outside Australia when the application is made.

(b) Applicant (other than an applicant seeking to satisfy the criteria for the grant of a Subclass 416 (Special Program) visa or a Subclass 420 (Entertainment) visa) must be in Australia to make an application in Australia.

(ba) Application by a person seeking to satisfy the criteria for the grant of a Subclass 416 (Special Program) visa must be made by:

(i) posting the application (with the correct pre-paid postage) to the post office box address specified in an instrument in writing for this subparagraph; or

(ii) having the application delivered by a courier service to the address specified in an instrument in writing for this subparagraph; or

(iii) having the application sent by facsimile to the address specified in an instrument in writing for this subparagraph.

(c) Application by a person seeking to satisfy the primary criteria for the grant of a Subclass 420 (Entertainment) visa must be accompanied by a completed form 1379.

(ca) Application by a person seeking to satisfy the criteria for the grant of a Subclass 420 (Entertainment) visa must be made by:

(i) posting the application (with the correct pre-paid postage) to the post office box address specified in an instrument in writing for this subparagraph; or

(ii) having the application delivered by a courier service, or otherwise by hand, to the address specified in an instrument in writing for this subparagraph; or

(iii) having the application sent by fax to the fax number specified in an instrument in writing for this subparagraph.

Note Regulation 2.12BC sets out special arrangements for the making of applications by persons designated under regulation 2.07AO. The arrangements in paragraph 1205 (3) (ca) do not apply to those persons.

(cb) Applicant (other than an applicant seeking to satisfy the criteria for the grant of a Subclass 416 (Special Program) visa) must:

(i) specify, in the application, the person by whom the applicant has been identified, or proposes to be identified, in a nomination for the purposes of section 140GB of the Act; and

(ii) provide evidence that the person is:

(A) if the applicant seeks to satisfy the primary criteria for the grant of a Subclass 411 (Exchange) visa:

(I) an exchange sponsor; or

(II) a person who has applied for approval as an exchange sponsor but whose application has not yet been decided; or

(B) if the applicant seeks to satisfy the primary criteria for the grant of a Subclass 420 (Entertainment) visa or Subclass 423 (Media and Film Staff) visa:

(I) an entertainment sponsor; or

(II) a person who has applied for approval as an entertainment sponsor but whose application has not yet been decided; or

(I) a sport sponsor or a party to a work agreement (other than a Minister) of
a kind mentioned in subregulation 2.76 (3); or

(II) a person who has applied for approval as a sport sponsor but whose application has not yet been decided; or

(D) if the applicant seeks to satisfy the primary criteria for the grant of a Subclass 428 (Religious Worker) visa:

(I) a religious worker sponsor or a party to a work agreement (other than a Minister) of a kind mentioned in subregulation 2.76 (4); or

(II) a person who has applied for approval as a religious worker sponsor but whose application has not yet been decided.

(cc) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 416 (Special Program) visa (other
than the criterion specified in paragraph 416.222 (d) of Schedule 2) must:

(i) specify, in the application, the person who proposes to be the special program sponsor in relation to the applicant; and

(ii) provide evidence that the person is a special program sponsor, or is a person who has applied for approval as a special program sponsor but whose application has not yet been decided.

(d) Application by a person claiming to be a member of the family unit of a person may be made at the same time and place as, and combined with, an application by any other member of the family unit seeking to satisfy either the primary or secondary criteria.

(4) Subclasses:

411 (Exchange)

416 (Special Program)

420 (Entertainment)

421 (Sport)

423 (Media and Film Staff)

428 (Religious Worker)

1206. Diplomatic (Temporary) (Class TF)

(1) Form: Nil.

(2) Visa application charge: Nil.

(3) Other:

(a) Application must be made by or on behalf of the applicant in a manner approved by the Minister.

(b) Application may be made in or outside Australia, but not in immigration clearance.

(4) Subclasses:

995 (Diplomatic (Temporary))

1207. Domestic Worker (Temporary) (Class TG)

(1) Form: 147.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $305

(b) Second instalment (payable before grant of visa): Nil.

(3) Other:

(a) Application may be made in or outside Australia, but not in immigration clearance.

(b) Applicant must be in Australia to make an application in Australia.

(ba) Applicant seeking to satisfy the primary criteria for
the grant of a Subclass 427 (Domestic Worker (Temporary) -- Executive) visa must:

(i) specify, in the application, the person by whom the applicant has been identified, or proposes to be identified, in a nomination for the purposes of section 140GB of the Act; and

(ii) provide evidence that the person is a domestic worker sponsor, or a person who has applied for approval as a domestic worker sponsor but whose application has not yet been decided.

(c) Application by a person claiming to be a member of
the family unit of a person seeking to satisfy the criteria for a Subclass 427 (Domestic Worker (Temporary) -- Executive) visa may be made at the same time and place as, and combined with, an application by any other member of the family unit seeking to satisfy either the primary or secondary criteria for a Subclass 427 (Domestic Worker (Temporary) -- Executive) visa.

(4) Subclasses:

426 (Domestic Worker (Temporary) -- Diplomatic or Consular)

427 (Domestic Worker (Temporary) -- Executive)

1208. Educational (Temporary) (Class TH)

(1) Form: 147.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who:

(A) holds a valid diplomatic, official or service passport; and

(B) holds a third person note of support for
the application from the government or a government agency of the applicant's home country; and

(C) appears to the Minister, on the basis of the information contained in the application, to meet the requirements for the grant of a Subclass 415 visa: Nil

(ia) In the case of an applicant who:

(A) is seeking to satisfy the criteria for the grant of a Subclass 406 (Government Agreement) visa; and

(B) is an applicant of a kind specified by the Minister in an instrument in writing for this sub-subparagraph: Nil

(ii) In any other case: $305

(b) Second instalment (payable before grant of visa): Nil.

(3) Other:

(a) Application (other than an application by a person seeking to satisfy the criteria for the grant of a Subclass 442 (Occupational Trainee) visa) may be made in or outside Australia, but not in immigration clearance.

(b) Applicant (other than an applicant seeking to satisfy the criteria for the grant of a Subclass 442 (Occupational Trainee) visa) must be in Australia to make an application in Australia.

(ba) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 415 (Foreign Government Agency) visa must:

(i) specify, in the application, the person who proposes to be the foreign government agency sponsor in relation to the applicant; and

(ii) provide evidence that the person is a foreign government agency sponsor, or is a person who has applied for approval as a foreign government agency sponsor but whose application has not yet been decided.

(bb) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 419 (Visiting Academic) visa must:

(i) specify, in the application, the person by whom the applicant has been identified, or proposes to be identified, in a nomination for the purposes of section 140GB of the Act; and

(ii) provide evidence that the person is a visiting academic sponsor, or is a person who has applied for approval as a visiting academic sponsor but whose application has not yet been decided.

(bc) Unless subitem (3A) applies, an applicant seeking to satisfy the primary criteria for the grant of a Subclass 442 (Occupational Trainee) visa must:

(i) specify, in the application, the person by whom the applicant has been identified, or proposes to be identified, in a nomination for the purposes of section 140GB of the Act; and

(ii) provide evidence that the person is an occupational trainee sponsor, or a person who has applied for approval as an occupational trainee sponsor but whose application has not yet been decided.

(bd) Application by a person seeking to satisfy the criteria for the grant of a Subclass 442 (Occupational Trainee) visa must be made:

(i) by posting the application (with the correct pre-paid postage) to the post office box address specified by the Minister in an instrument in writing for this subparagraph; or

(ii) by delivering the application by courier service to the address specified by the Minister in an instrument in writing for this subparagraph.

(c) Application by a person claiming to be a member of the family unit of a person may be made at the same time and place as, and combined with, an application by any other member of the family unit seeking to satisfy either the primary or secondary criteria.

(3A) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 442 (Occupational Trainee) visa in order to undertake a program of occupational training that will be provided by the Commonwealth must:

(i) specify, in the application, the person who proposes to be the occupational trainee sponsor in relation to the applicant; and

(ii) provide evidence that the person is an occupational trainee sponsor, or is a person who has applied for approval as an occupational trainee sponsor but whose application has not yet been decided.

(4) Subclasses:

406 (Government Agreement)

415 (Foreign Government Agency)

419 (Visiting Academic)

442 (Occupational Trainee)

1208A. Electronic Travel Authority (Class UD)

(1) Form: Nil.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who appears to the Minister, on the basis of information contained in the application, to meet the requirements for the grant of a Subclass 956 (Electronic Travel Authority (Business Entrant -- Long Validity)) visa: $105

(ii) In any other case: Nil

(b) Second instalment (payable before grant of visa): Nil.

(3) Other:

(a) Application may be made in or outside Australia.

(b) If the application is made in immigration clearance, applicant must be in immigration clearance.

(ba) If the application is made in Australia (except in immigration clearance), or outside Australia, applicant must be outside Australia.

(bb) If the application is made outside Australia, application must be made at:

(i) a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia; or

(ii) an office of an agent who is approved in writing by the Minister as an agent with whom an application for an Electronic Travel Authority (Class UD) visa may be made.

(bc) If the application is made in Australia, application must be made:

(i) in immigration clearance; or

(ii) at an office of an agent who is approved in writing by the Minister as an agent with whom an application for an Electronic Travel Authority (Class UD) visa may be made.

(e) Application by a person included in the passport of another person may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

956 (Electronic Travel Authority (Business Entrant -- Long Validity))

976 (Electronic Travel Authority (Visitor))

977 (Electronic Travel Authority (Business Entrant -- Short Validity))

1209. Emergency (Temporary) (Class TI)

(1) Form: 1003.

(2) Visa application charge: Nil.

(3) Other:

(a) Application may be made inside or outside Australia, but not in immigration clearance.

(b) Applicant must be in Australia to make an application in Australia.

(4) Subclasses:

302 (Emergency (Permanent Visa Applicant))

303 (Emergency (Temporary Visa Applicant))

1211. Extended Eligibility (Temporary) (Class TK)

(1) Form: 918.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who:

(A) applies as the dependent child of a holder of a Subclass 309, 310, 445, 820 or 826 visa; and

(B) whose brother or sister:

(I) applies, as a dependent child of a holder of a Subclass 309, 310, 445, 820 or 826 visa, for an Extended Eligibility (Temporary) (Class TK) visa at the same time and place as the applicant; and

(II) has paid the fee specified in subparagraph (ii) on his or her application: Nil

(ii) In any other case: $215

(b) Second instalment (payable before grant of visa): Nil.

(3) Other:

(a) Application by the dependent child of a holder of a visa of Subclass 309, 310, 445, 820 or 826 may be made in or outside Australia, but not in immigration clearance.

(aa) A pplicant must be in Australia to make an application in Australia.

(ab) Application by an applicant in Australia must be made by:

(i) posting the application (with the correct pre-paid postage) to the post office box address specified in a Gazette Notice for this subparagraph; or

(ii) having the application delivered by a courier service to the address specified in a Gazette Notice for this subparagraph.

Note Regulation 2.12BC sets out special arrangements for the making of applications by persons designated under regulation 2.07AO. The arrangements in paragraph 1211 (3) (ab) do not apply to those persons.

(b) Application by a person claiming to be a dependent child of a person who is an applicant for an Extended Eligibility (Temporary) (Class TK) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

445 (Dependent Child)

1212A. Graduate -- Skilled (Temporary) (Class UQ)

(1) Form: 1182.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $235

(b) Second instalment (payable before grant of visa): Nil.

(3) Other:

(a) Application must be made in Australia but not in immigration clearance.

(b) Applicant must be in Australia but not in immigration clearance.

(c) Applicant must state in the application an intention to make a valid application for a Skilled -- Independent Overseas Student (Class DD) , Skilled -- Australian-sponsored Overseas Student (Class DE) or Skilled -- Independent Regional (Provisional) (Class UX) visa.

(ca) Applicant must be:

(i) the holder of a Bridging A (Class WA) visa granted on the basis that the applicant met the requirements of subclause 010.211 (2) or (3) of Schedule 2 on the basis of a valid application for a visa other than a visa mentioned in paragraph (d); or

(ii) the holder of a Bridging B (Class WB) visa granted on the basis that the applicant met the requirements of subclause 020.212 (2) or (3) of Schedule 2 on the basis of a valid application for a visa other than a visa mentioned in paragraph (d); or

(iii) a person to whom paragraph (d) applies.

(d) This paragraph applies to an applicant who is the holder of a substantive visa other than:

(i) a Subclass 497 (Graduate -- Skilled) visa; or

(ii) a Subclass 560 (Student) visa granted to:

(A) the applicant as a person who satisfied
the primary criteria for that visa
(the primary person ) in relation to undertaking:

(I) a registered English language course or an ELICOS; or

(II) a course of study paid for wholly or in part by the Commonwealth, the government of a State or Territory, the government of a foreign country or a multilateral agency; or

(III) a full-time course of study or training under a scholarship scheme or training program approved by the AusAID Minister or the Defence Minister; or

(IV) a non-award course ; or

(B) the applicant as a member of the family unit of the primary person; or

(iii) a Subclass 562 (Iranian Postgraduate Student), 563 (Iranian Postgraduate Student Dependant), 572 (Vocational Education and Training Sector), 573 (Higher Education Sector) or 574 (Postgraduate Research Sector) visa granted to:

(B) the applicant as a member of the family unit of the primary person; or

(iv) a Subclass 570 (Independent ELICOS Sector) visa; or

(v) a Subclass 571 (Schools Sector) visa; or

(vi) a Subclass 575 (Non-Award Sector) visa; or

(vii) a Subclass 576 (AusAID or Defence Sector) visa.

(da) Applicant is taken to have complied with paragraph (d) if:

(i) the applicant is not the holder of a substantive visa; and

(iii) that last substantive visa was a visa other than a visa of a kind mentioned in paragraph (d); and

(e) If the substantive visa, held by an applicant who complies with paragraph (d) (other than an applicant to whom paragraph (ea) applies), is not a Subclass 560, 562, 563, 572, 573 or 574 visa, the applicant must have been, at some time in the 6 months immediately before making the application, the holder of a Subclass 560, 562, 563, 572, 573 or 574 visa that is not of a kind mentioned in paragraph (d).

(ea) If the last substantive visa, held by an applicant who is taken, under paragraph (da), to have complied with paragraph (d), was not a Subclass 560, 562, 563, 572, 573 or 574 visa, the applicant must have been, at some time in the 6 months immediately before that visa was cancelled, the holder of a Subclass 560, 562, 563, 572, 573 or 574 visa that was not of a kind mentioned, at the time of cancellation, in paragraph (d).

(f) Applicant must not have been an unlawful non-citizen at any time in the 6 months immediately before making the application.

(g) Applicant seeking to satisfy the primary criteria must nominate a skilled occupation in his or her application.

(h) Application by an applicant seeking to satisfy the primary criteria must be accompanied by satisfactory evidence that:

(i) the applicant has applied to the relevant assessing authority for an assessment of the suitability of his or her skills for the skilled occupation nominated by the applicant in his or her application; and

(ii) either:

(A) each of the following sub- sub- 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 sub-sub-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 sub-sub-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 sub-sub-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 sub-sub-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 sub-sub-subparagraphs (I) and (II) was conducted in English.

(i) Applicant seeking to satisfy the primary criteria must be less than 45 years of age.

(j) Application must be made by:

(i) posting the application (with the correct pre-paid postage) to the post office box address specified by the Minister in an instrument in writing for this subparagraph; or

(ii) having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph.

(k) If the applicant is, or was at any time, the holder of an AusAID student visa within the meaning of regulation 1.04A or of a Subclass 560, 562, 563, 570, 571, 572, 573, 574, 575 or 576 visa granted to the applicant for a course of study or training for which the applicant is or was provided financial support by the Commonwealth, the government of a State or Territory, the government of a foreign country or a multilateral agency:

(i) the course of study or training (whether or not the applicant has ceased the course) is one designed to be undertaken over a period of less than 12 months; or

(ii) the applicant:

(A) has ceased, completed, withdrawn from, or been excluded from:

(I) the course of study or training to which the visa relates or related; or

(B) has spent at least 2 years outside Australia since ceasing or completing, or withdrawing or being excluded from, the course.

(ka) Applicant who is, or was at any time, a member of the family unit of a person:

(i) who was the holder of a visa of a kind mentioned in paragraph (k); and

(ii) to whom subparagraph (k) (ii) applies;

must have spent at least 2 years outside Australia since that person ceased, completed, withdrew from or was excluded from the course of study or training to which the visa related.

(l) Application by a person claiming to be a member of
the family unit of a person who is an applicant for a Graduate -- Skilled (Temporary) (Class UQ) visa may be made at the same time and place as, and combined with, the application by that person.

(m) Applicant must:

(i) satisfy paragraphs (a) to (ka); or

(ii) in the case of an applicant who:

(A) is a member of the family unit of an applicant who satisfies paragraphs (a) to (ka); and

(B) makes a combined application with that applicant;

satisfy paragraphs (a) to (f) and (j) to (ka).

(n) Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.

(4) Subclasses:

497 Graduate -- Skilled

(5) In this item:

completed , in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

course of study has the meaning given by subregulation 2.26A (7A).

"degree and diploma" have the meanings given in subregulation 2.26A (6).

"trade qualification" has the meaning given in subregulation 2.26A (6).

Note For relevant assessing authority and skilled occupation , see regulation 1.03.

1212B. Investor Retirement (Class UY)

(1) Form: 1383.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $270.

(b) Second instalment (payable before grant of visa): $10,925.

(3) Other:

(a) Application must be made by:

(i) posting the application (with the correct pre-paid postage) to the post office box address specified in an instrument in writing for this subparagraph; or

(ii) having the application delivered by a courier service, or otherwise hand-delivered, to the address specified in an instrument in writing for this subparagraph.

(b) Applicant may be in or outside Australia, but not in immigration clearance.

(c) Application by a person claiming to be the spouse or de facto partner of a person who is an applicant for an Investor Retirement (Class UY) visa may be made at the same time and place as, and combined with, the application by that person.

(d) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 405 visa must:

(i) be sponsored by an appropriate regional authority; and

(ii) provide, with the application, form 1249 signed by an officer of the authority who is authorised to sign a sponsorship of that kind; and

(iii) be at least 55 years old, unless:

(A) the applicant is the holder of an Investor Retirement (Class UY) visa; or

(B) the last substantive visa held by the applicant since last entering Australia was an Investor Retirement (Class UY) visa.

Note For appropriate regional authority , see regulation 1.03.

(4) Subclasses:

405 (Investor Retirement)

1214AA. Medical Practitioner (Temporary) (Class UE)

(1) Form: 147

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $305

(b) Second instalment (payable before grant of visa): Nil.

(3) Other:

(a) Application must be made in Australia but not in immigration clearance.

(d) Application by a person seeking to satisfy the primary criteria for the grant of the visa must be made before 1 July 2010.

(4) Subclasses:

422 (Medical Practitioner)

1214A. Medical Treatment (Visitor) (Class UB)

(1) Form:

(a) If the applicant is outside Australia (whether or not the application is made outside Australia): 48ME.

(b) If the applicant is in Australia: 601.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) Subject to subparagraph (iii), in the case of an applicant who is outside Australia when he or she applies (whether or not the application is made outside Australia):

(A) If the applicant seeks a visa that will permit him or her to remain in Australia for more than 3 months: $55

(B) If the applicant seeks a visa that will permit him or her to travel to, and enter, Australia for:

(I) 4 years; or

(II) the remaining period of validity of the applicant's passport (if that period exceeds 12 months): $55

(ii) Subject to subparagraph (iii), in the case of an applicant who is in Australia: $235

(iii) In the case of an applicant who applies in the
course of acting as a representative for a foreign government: Nil

(b) Second instalment (payable before grant of visa): Nil.

(3) Other:

(a) Application may be made in or outside Australia, but not in immigration clearance.

(b) If the applicant is outside Australia, the application may be made in the migration zone if and only if no fee is payable on the application.

(ba) If the application is made outside Australia, application must be made at:

(i) a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia; or

(ii) an office of a visa application agency that is approved in writing by the Minister for the purpose of receiving applications for Medical Treatment (Visitor) (Class UB) visas.

(c) Application by a person included in the passport of another person may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

675 (Medical Treatment (Short Stay))

685 (Medical Treatment (Long Stay))

1214BA. New Zealand Citizen Family Relationship (Temporary) (Class UP)

(1) Form: 147.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $270

(b) Second instalment (payable before grant of visa): Nil.

(3) Other:

(a) Application may be made in or outside Australia (but not in immigration clearance).

(b) Applicant must be in Australia to make an application in Australia.

(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a New Zealand Citizen Family Relationship (Temporary) (Class UP) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

461 New Zealand Citizen Family Relationship (Temporary))

1214C. Partner (Temporary) (Class UK)

(1) Form: 47SP or 47SP (Internet).

(2) Visa application charge: Nil.

(3) Other:

(a) Application must be made at the same time and place as an application for a Partner (Residence) (Class BS) visa.

(b) Application must be made in Australia, but not in immigration clearance.

(e) Application by a person claiming to be a member of the family unit of the holder or former holder of a prospective marriage (temporary) visa (as defined in clause 820.111 of Schedule 2) who is an applicant for a Partner (Temporary) visa may be made at the same time and place as, and combined with, the application by that person.

(f) Application by a person claiming to be a dependent child of a person who is an applicant for a Partner (Temporary) (Class UK) visa may be made at the same time and place as, and combined with, the application by that person.

(g) If:

(i) the applicant is the holder of:

(A) a Skilled -- Independent Regional (Provisional) (Class UX) visa; or

(B) a Subclass 475 (Skilled -- Regional Sponsored) visa; or

(ii) the last substantive visa held by the applicant was:

(A) a Skilled -- Independent Regional (Provisional) (Class UX) visa; or

(B) a Subclass 475 (Skilled -- Regional Sponsored) visa; or

the applicant must have held that visa for at least 2 years.

(4) Subclasses:

820 (Partner)

1215. Prospective Marriage (Temporary) (Class TO)

(1) Form: 47SP or 47SP (Internet).

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $1,995

(b) Second instalment (payable before grant of visa): Nil.

(3) Other:

(a) Application must be made outside Australia.

(b) Applicant must be outside Australia.

(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Prospective Marriage (Temporary) (Class TO) visa must be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

300 (Prospective Marriage)

1216. Resident Return (Temporary) (Class TP)

(1) Form: 1085.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $160

(b) Second instalment (payable before grant of visa): Nil.

(3) Other:

(a) Application must be made outside Australia.

(b) Application by a person who is included in the passport
of another applicant for a Resident Return (Temporary) (Class TP) visa may be made at the same time and place as, and combined with, the application by that other applicant.

(i) the most recent permanent visa held by the person is, or was, the subject of a notice, under subsection 135 (1) of the Act, proposing cancellation; and

(ii) the person has not been notified of a decision not to proceed with the cancellation; and

(iii) the visa was not the subject of a decision to cancel the visa under section 134 of the Act.

(d) Application by a person is not a valid application if:

(i) the most recent permanent visa held by the person was the subject of a decision to cancel the visa under section 134 of the Act (whether or not the decision has come into effect); and

(ii) the decision to cancel the visa has not been set aside by the AAT.

(4) Subclasses:

159 (Provisional Resident Return)

1216A. Resolution of Status (Temporary) (Class UH)

(1) Form: 1096.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an application made outside Australia: Nil

(ii) In the case of an application made in Australia: $2 955

(b) Second instalment (payable before grant of visa):

(i) In the case of each applicant who:

(A) is in Australia; and

(B) was 18 years or more at time of application; and

(D) satisfies the primary criteria for the grant of a visa of a subclass included in Resolution of Status (Temporary) (Class UH): $6 530

(ii) In the case of each applicant who:

(A) is outside Australia; and

(B) was 18 years or more at time of application; and

(D) satisfies the primary criteria for the grant of a visa of a subclass included in Resolution of Status (Temporary) (Class UH): $3 275

(iii) In the case of each applicant who:

(A) was 18 years or more at time of application; and

(B) is assessed as not having functional English; and

(C) satisfies the secondary criteria for the grant of a visa of a subclass included in Resolution of Status (Temporary) (Class UH): $3 275

(iv) In any other case: Nil

(3) Other:

(a) Application may be made in Australia, but not in immigration clearance, if:

(i) it is made during the period from 1 October 1997 to 31 March 1998 (inclusive); and

(ii) at the time when it is made, the applicant is in Australia.

(b) Application may be made outside Australia if:

(i) subject to paragraph (i), it is made during the period from 1 October 1997 to 30 June 1998 (inclusive); and

(ii) at the time when it is made, the applicant is outside Australia.

(c) In the case of an application mentioned in paragraph (a), the application must be accompanied by satisfactory evidence that:

(i) the applicant, or at least 1 person who makes a combined application with the applicant, entered Australia, as the holder of:

(A) a valid passport of a country specified in paragraph (d); and

(B) an entry permit or an entry visa that had effect as an entry permit; and

(ii) the applicant or the person, as the case requires, so entered Australia on or before the date specified in paragraph (d) in relation to that country.

(d) The countries and dates mentioned in paragraph (c) are as follows:

(i) Iraq -- 31 October 1991;

(ii) Kuwait -- 31 October 1991;

(iii) Lebanon -- 30 November 1991;

(iv) PRC -- 1 November 1993;

(v) Sri Lanka -- 1 November 1993;

(vi) Socialist Fe deral Republic of Yugoslavia -- 1 November 1993;

(vii) Federal Republic of Yugoslavia -- 1 November 1993;

(viii) Former Yugoslav Republic of Macedonia -- 1 November 1993;

(ix) Republic of Bosnia and Herzegovina -- 1 November 1993;

(x) Republic of Croatia -- 1 November 1993;

(xi) Republic of Slovenia -- 1 November 1993.

(e) In the case of an application mentioned in paragraph (a), the application must be made at the same time and place as an application, by the applicant, for a Resolution of Status (Residence) (Class BL) visa.

(f) In the case of an application mentioned in paragraph (a) by an applicant who claims to be:

(i) a member of the immediate family of a person ( the principal person ) who is also making an application mentioned in that paragraph; or

(ii) a dependent child of the spouse of the principal person, being a spouse who is an applicant for a Resolution of Status (Temporary) (Class UH) or Resolution of Status (Residence) (Class BL) visa;

the application may be made at the same time and place as, and combined with, the application by the principal person.

(g) In the case of an application mentioned in paragraph (b), subject to paragraph (i), the application specifies a valid application mentioned in paragraph (a), by another person ( the sponsor ), that identifies the applicant as:

(i) either:

(A) a member of the immediate family of the sponsor; or

(B) a dependent child of the spouse of the sponsor, being a spouse who is an applicant for a Resolution of Status (Temporary) (Class UH) visa; and

(ii) a person who is sponsored by the sponsor.

(h) An application mentioned in paragraph (b) may be made at the same time and place as, and combined with, another such application if each applicant claims to be:

(i) identified, in the application of a person ( the sponsor ) who has made a valid application mentioned in paragraph (a), as:

(A) a member of the immediate family of the sponsor; or

(B) a dependent child of the spouse of the sponsor, being a spouse who is an applicant for a Resolution of Status (Temporary) (Class UH) visa; and

(ii) sponsored by the sponsor.

(i) If:

(i) the applicant is a dependent child of a person ( the sponsor ) who has made a valid application mentioned in paragraph (a); and

(ii) the applicant is sponsored by the sponsor; and

(iii) the Minister is satisfied that compelling and compassionate circumstances exist for the applicant to make the application;

the application:

(iv) may be made outside Australia at any time before the grant to the sponsor of a Resolution of Status (Residence) (Class BL) visa; and

(v) need not specify the valid application made by the sponsor.

(4) Subclasses:

450 (Resolution of Status -- Family Member (Temporary))

850 (Resolution of Status (Temporary))

1217. Retirement (Temporary) (Class TQ)

(1) Form: 1383.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who:

(A) is the holder of a Subclass 410 visa granted before 1 July 2009 (the earlier visa ); and

(B) applies for a new Subclass 410 visa that would expire not later than the day on which the earlier visa would have expired: Nil

(ii) In any other case: $305 .

(b) Second instalment (payable before grant of visa): Nil.

(3) Other:

(a) Application must be made by:

(i) posting the application (with the correct pre-paid postage) to the post office box address specified in an instrument in writing for this subparagraph; or

(ii) having the application delivered by a courier service, or otherwise hand-delivered, to the address specified in an instrument in writing for this subparagraph.

(b) Applicant may be in or outside Australia, but not in immigration clearance.

(d) Application may be made on or after 1 July 2005 by a person only if:

(i) the person is the holder of a Subclass 410 visa; or

(ii) the last substantive visa held by the person since last entering Australia was a Subclass 410 visa; or

(iii) the person claims to be the spouse or de facto partner of a person mentioned in subparagraph (i) or (ii).

(4) Subclasses:

410 (Retirement)

1217A. Sponsored (Visitor) (Class UL)

(1) Form:

(a) If the applicant is seeking to satisfy the criteria for the grant of a Subclass 459 (Sponsored Business Visitor (Short Stay)) visa: 1235 and 1238.

(b) If the applicant is seeking to satisfy the criteria for the grant of a Subclass 679 (Sponsored Family Visitor) visa: 48S and 1149.

(2) Visa application charge:

(a) First instalment (payable at the time the application is made):

(i) Subject to subparagraphs (ii), (iii) and (iv):

(A) an applicant who makes an application of the kind mentioned in paragraph (1) (a): $140; and

(B) an applicant who makes an application of the kind mentioned in paragraph (1) (b): $120

(ii) An applicant who makes an application of the kind mentioned in paragraph (1) (a) and who:

(A) appears to the Minister, on the basis of the application, to be a person to whom privileges and immunities are, or are expected to be, accorded under:

(I) the International Organisations (Privileges and Immunities) Act 1963 ; or

(II) the Overseas Missions (Privileges and Immunities) Act 1995 ; and

(B) is expected to be recommended by the Foreign Minister for the grant of the visa: Nil

(iii) An applicant who makes an application of the kind mentioned in paragraph (1) (a) in the course of acting as a representative for a foreign government: Nil

(iv) An applicant who is the spouse, de facto partner or dependent child of an applicant mentioned in subparagraph (ii) or (iii): Nil.

(b) Second instalment (payable before the grant of visa): Nil.

(3) Other:

(a) Application by a person seeking to satisfy the criteria for the grant of a Subclass 459 (Sponsored Business Visitor (Short Stay)) visa:

(i) must be made in Australia, but not in immigration clearance; and

(ii) must be lodged by the person, agency, instrumentality or organisation mentioned in clause 459.214.

(aa) Application by a person seeking to satisfy the criteria for the grant of a Subclass 679 (Sponsored Family Visitor) visa:

(i) must be made in Australia, but not in immigration clearance; and

(ii) must be lodged by the sponsor of the applicant.

(b) Applicant must be outside Australia.

(c) Application by the spouse, de facto partner or a dependent child of an applicant (the primary applicant ) who appears to the Minister, on the basis of information contained in the primary applicant's application, to meet the requirements for the grant of a Subclass 459 (Sponsored Business Visitor (Short Stay)) visa may be made at the same time and place as, and combined with, the application by the primary applicant.

(d) Application by a person included in the passport of another applicant who appears to the Minister, on the basis of information contained in the other applicant's application, to meet the requirements for the grant of a Subclass 679 (Sponsored Family Visitor) visa may be made at the same time and place as, and combined with, the application by that other applicant.

(4) Subclasses:

459 (Sponsored Business Visitor (Short Stay))

679 (Sponsored Family Visitor)

1218. Tourist (Class TR)

(1) Form:

(a) If the applicant is in Australia: 601 or 601E.

(b) If the applicant:

(i) is a citizen of PRC; and

(ii) is in PRC; and

(iii) is intending to travel to Australia as a member of a tour organised by a travel agent specified in an instrument in writing for this subparagraph; and

(iv)