MIGRATION REGULATIONS 1994 - SCHEDULE 2 Provisions with respect to the grant of Subclasses of visas

Commonwealth Consolidated Regulations

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

MIGRATION REGULATIONS 1994 - SCHEDULE 2

Provisions with respect to the grant of Subclasses of visas

010.1 Interpretation

010.111 In this Part:

review authority includes the Administrative Appeals Tribunal.

Note Compelling need to work and criminal detention are defined in regulation 1.03. For eligible non‑citizen see regulation 2.20.

010.2 Primary criteria

Note All applicants must satisfy the primary criteria.

010.21 Criteria to be satisfied at the time of application

010.211 (1) The applicant meets the requirements of subclause (2), (3), (4), (5) or (6).

(2) An applicant meets the requirements of this subclause if:

(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and

(b) that application has not been finally determined; and

(d) either:

(i) he or she has applied for a bridging visa in respect of that application; or

(ii) a bridging visa can be granted in respect of that application under regulation 2.21B.

(3) An applicant meets the requirements of this subclause if:

(a) the applicant:

(i) has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and

(ii) held a substantive visa when he or she made the application; and

(aa) that application was refused; and

(b) either:

(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant's substantive visa application; or

(ii) the applicant:

(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and

(B) made a substantive visa application that
was combined with the substantive visa application mentioned in subparagraph (i); and

(d) the judicial review proceedings (including proceedings on appeal, if any) are not completed.

(4) An applicant meets the requirements of this subclause if:

(a) the applicant:

(i) holds a Bridging A (Class WA) or Bridging B (Class WB) visa that:

(A) was granted as a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted if the applicant was in Australia; and

(B) is subject to conditions 8101, 8102, 8103, 8104, 8105, 8107, 8108, 8111, 8112 or 8547; and

(ii) held a substantive visa when he or she made the substantive visa application; and

(b) he or she has not applied for a Protection (Class AZ) or Protection (Class XA) visa; and

(5) An applicant meets the requirements of this subclause if:

(a) the applicant has made a valid application for:

(i) a Spouse (Migrant) (Class BC) visa; or

(ii) an Interdependency (Migrant) (Class BI) visa; or

(iii) a Partner (Migrant) (Class BC) visa; or

(iv) an Aged Parent (Residence) (Class BP) visa; or

(v) a Contributory Aged Parent (Residence) (Class DG) visa; or

(vi) a Contributory Aged Parent (Temporary) (Class UU) visa; and

(b) the application has not been finally determined; and

(d) the applicant holds, or has previously held, a Bridging A (Class WA) visa granted under regulation 2.21A in respect of the visa referred to in paragraph (a).

(6) An applicant meets the requirements of this subclause if:

(a) the applicant has made a valid application for:

(i) a Spouse (Migrant) (Class BC) visa; or

(ii) an Interdependency (Migrant) (Class BI) visa; or

(iii) a Partner (Migrant) (Class BC) visa; or

(iv) an Aged Parent (Residence) (Class BP) visa; or

(v) a Contributory Aged Parent (Residence) (Class DG) visa; or

(vi) a Contributory Aged Parent (Temporary) (Class UU) visa; and

(b) that application was refused; and

(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant's substantive visa application as the holder of a Bridging A (Class WA) or Bridging B (Class WB) visa; or

(ii) the applicant:

(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and

(B) made a substantive visa application that
was combined with the substantive visa application mentioned in subparagraph (i); and

(d) the judicial review proceedings (including proceedings on appeal, if any) are not completed; and

(e) the applicant holds, or has previously held, a Bridging A (Class WA) visa granted under regulation 2.21A in respect of the visa referred to in paragraph (a).

010.22 Criteria to be satisfied at the time of decision

010.221 The applicant continues to satisfy the criterion set out in clause 010.211.

010.3 Secondary criteria: Nil.

Note All applicants must satisfy the primary criteria.

010.4 Circumstances applicable to grant

010.411 The applicant must be in Australia, but not in immigration clearance.

Note 1 The applicant must be an eligible non‑citizen at the time of grant: see Act, s 73.

Note 2 The Minister must grant a Bridging A (Class WA) visa in the circumstances set out in regulation 2.21A.

010.5 When visa is in effect

010.511 In the case of a visa granted to a non‑citizen who has applied for a substantive visa -- bridging visa:

(a) coming into effect:

(i) on grant; or

(ii) when the substantive visa (if any) held by the holder ceases; and

(b) permitting the holder to remain in Australia until:

(i) if the Minister's decision in respect of the substantive visa application is to grant a visa -- the grant of the visa; or

(ii) if the Minister's decision in respect of that application is to refuse to grant a visa -- 28 days after the holder is notified of that refusal; or

(iii) if the substantive visa application is refused and the holder applies for merits review of that refusal -- 28 days after notification of the decision of:

(A) the review authority; or

(B) if the holder has the right to apply to another review authority for merits review of the decision of that review authority and so applies -- 28 days after notification of the decision of that other review authority; or

(iv) the grant of another bridging visa to the holder in respect of the same substantive visa application; or

(v) if the holder withdraws his or her application for a substantive visa or an application to a review authority -- 28 days after that withdrawal; or

(vi) if the substantive visa (if any) held by the holder is cancelled -- that cancellation; or

(vii) if the holder is notified by Immigration that the substantive visa application is invalid -- 28 days after the notification; or

(viii) if a review authority remits the application for
the substantive visa to the Minister for reconsideration -- permitting the holder of the bridging visa to remain in Australia in accordance with the relevant provision of this paragraph.

010.513 In the case of a visa granted to a non‑citizen on the basis of judicial review of a decision -- bridging visa:

(a) coming into effect:

(i) on grant; or

(ii) when the substantive visa (if any) held by the holder ceases; and

(b) permitting the holder to remain in Australia until:

(i) subject to paragraph (c), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or

(ii) the grant of another bridging visa to the holder in respect of the same application for judicial review; or

(iii) if the holder withdraws his or her application for judicial review -- 28 days after that withdrawal; or

(iv) if the substantive visa (if any) held by the holder is cancelled -- that cancellation; and

(c) if a court remits a matter to which the judicial review proceedings relate to a review authority, or to the Minister, for reconsideration -- permitting the holder to remain in Australia in accordance with the relevant provision of paragraph 010.511 (b).

010.514 In the case of a visa granted to a non‑citizen on the basis that the non‑citizen is a member of the family unit of a party to judicial review proceedings -- bridging visa:

(a) coming into effect:

(i) on grant; or

(ii) when the substantive visa (if any) held by the holder ceases; and

(b) permitting the holder to remain in Australia until the expiry of the bridging visa held by the party to the judicial review proceedings.

010.6 Conditions

010.611 (1) In the case of a visa granted to a non‑citizen who:

(a) satisfies the criterion in subclause 010.211 (4); or

(b) is an applicant for a Protection (Class AZ) or Protection (Class XA) visa who:

(i) is not a person described in subclause (2); or

(ii) satisfies the criterion in subclause 010.211 (2); or

Nil.

(2) In the case of a visa granted to a non-citizen who:

(a) applies for a Protection (Class AZ) or Protection (Class XA) visa; and

(b) satisfies the criterion in subclause 010.211 (3);

condition 8101, if that condition applied to the last visa held by the holder.

(3) In the case of a visa granted under regulation 2.21A to a person mentioned in subregulation 2.21A (1): Nil.

(3A) In the case of a visa granted to a non‑citizen who meets the requirements of subclause 010.211 (2) or (3) on the basis of a valid application for:

(a) a Graduate -- Skilled (Temporary) (Class UQ) visa; or

(d) a Skilled -- Independent Regional (Provisional) (Class UX) visa in relation to which the applicant met the requirements for subitem 1218A (5) of Schedule 1; or

(e) a Skilled (Provisional) (Class VC) visa in relation to which the applicant met the requirements for subitem 1229 (4) of Schedule 1;

8501.

(3B) In the case of a visa granted to a non‑citizen who meets the requirements of subclause 010.211 (2) or (3) on the basis of a valid application for:

(a) a Skilled -- Independent Overseas Student (Class DD) visa; or

(b) a Skilled -- Australian‑sponsored Overseas Student (Class DE) visa; or

(c) a Skilled (Residence) (Class VB) visa in relation to which the applicant met the requirements for subitem 1136 (4), (5) or (6) of Schedule 1;

Nil.

(4) In any other case: whichever of conditions 8101, 8102, 8103, 8104, 8105, 8107, 8108, 8111, 8112 , 8114, 8539, 8547 and 8549 applies to:

(a) the visa held by the holder:

(i) at the time of application; or

(ii) if the bridging visa is granted under regulation 2.21A to a person mentioned in subregulation 2.21A (2) or (3), or under regulation 2.21B -- at the time of grant; or

(b) if the visa mentioned in subparagraph (a) (i) has ceased, or no visa is held by the holder at the time of grant -- the last Bridging A (Class WA) or Bridging B (Class WB) visa held by the holder.

010.7 Way of giving evidence

010.711 No evidence need be given.

010.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 020 Bridging B

Interpretation

020.111 In this Part:

review authority includes the Administrative Appeals Tribunal.

Note Compelling need to work and criminal detention are defined in regulation 1.03. For eligible non‑citizen see regulation 2.20.

020.2 Primary criteria

Note All applicants must satisfy the primary criteria.

020.21 Criteria to be satisfied at the time of application

020.211 The applicant is the holder of:

(a) a Bridging A (Class WA) visa; or

(b) a Bridging B (Class WB) visa.

020.212 (1) The applicant meets the requirements of subclause (2), (3), (4) or (5).

(2) An applicant meets the requirements of this subclause if:

(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and

(b) that application has not been finally determined; and

(d) the Minister is satisfied that the applicant's reasons for wishing to do so are substantial.

(3) An applicant meets the requirements of this subclause if:

(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and

(b) that application was refused; and

(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant's substantive visa application, and the judicial review proceedings (including proceedings on appeal, if any) have not been completed; or

(ii) the applicant:

(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and

(B) made a substantive visa application that
was combined with the substantive visa application mentioned in subparagraph (i); and

(d) the applicant wishes to leave and re‑enter Australia during the judicial proceedings; and

(e) the Minister is satisfied that the applicant's reasons for wishing to do so are substantial.

(4) An applicant meets the requirements of this subclause if:

(a) the applicant has made a valid application for a Spouse (Migrant) (Class BC) visa, an Interdependency (Migrant) (Class BI) visa or a Partner (Migrant) (Class BC) visa; and

(b) the application has not been finally determined; and

(d) the Minister is satisfied that the applicant's reasons for wishing to do so are substantial.

(5) An applicant meets the requirements of this subclause if:

(a) the applicant has made a valid application for a Spouse (Migrant) (Class BC) visa, an Interdependency (Migrant) (Class BI) visa or a Partner (Migrant) (Class BC) visa; and

(b) that application was refused; and

(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant's substantive visa application; or

(ii) the applicant:

(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and

(B) made a substantive visa application that
was combined with the substantive visa application mentioned in subparagraph (i); and

(d) the judicial review proceedings (including proceedings on appeal, if any) are not completed; and

(e) the applicant wishes to leave and re‑enter Australia during those proceedings; and

(f) the Minister is satisfied that the applicant's reasons for wishing to do so are substantial.

020.213 The applicant's return to Australia would not be contrary to the public interest.

020.22 Criteria to be satisfied at the time of decision

020.221 The applicant continues to satisfy the criteria set out in clauses 020.211 and 020.212.

020.222 If the applicant meets the requirements of subclause 020.212 (2) or (3) on the basis of a valid application for a Graduate -- Skilled (Temporary) (Class UQ) visa, the applicant wishes to leave and re‑enter Australia because:

(a) a close relative of the applicant is seriously ill, or has recently died, overseas; or

(b) the applicant's Australian employer requires the applicant to travel overseas in the course of the applicant's employment.

Note close relative is defined in regulation 1.03.

020.223 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

020.3 Secondary criteria: Nil.

Note All applicants must satisfy the primary criteria.

020.4 Circumstances applicable to grant

020.411 The applicant must be in Australia, but not in immigration clearance.

Note The applicant must be an eligible non‑citizen at the time of grant: see the Act, s 73.

020.5 When visa is in effect

020.511 In the case of a visa granted to a non‑citizen who has applied for a substantive visa -- bridging visa:

(a) coming into effect:

(i) on grant; or

(ii) when the substantive visa (if any) held by the holder ceases; and

(b) permitting the holder to remain in Australia until:

(i) if the Minister's decision in respect of the substantive visa application is to grant a visa -- the grant of the visa; or

(ii) if the Minister's decision in respect of that application is to refuse to grant a visa -- 28 days after the holder is notified of that refusal; or

(iii) if the substantive visa application is refused and the holder applies for merits review of that refusal -- 28 days after notification of the decision of:

(A) the review authority; or

(iv) if the holder withdraws his or her application for a substantive visa or an application to a review authority -- 28 days after that withdrawal; or

(v) the grant of another bridging visa to the holder in respect of the same application for a substantive visa; or

(vi) if the substantive visa (if any) held by the holder is cancelled -- that cancellation; or

(vii) if the holder is notified by Immigration that the substantive visa application is invalid -- 28 days after the notification; or

(c) permitting the holder to travel to and enter Australia until the time set by paragraph (b), unless the Minister has specified an earlier time for the purpose.

020.512 In the case of a visa granted to a non‑citizen on the basis of judicial review of a decision -- bridging visa:

(a) coming into effect:

(i) on grant; or

(ii) when the substantive visa (if any) held by the holder ceases; and

(b) permitting the holder to remain in Australia until:

(i) subject to paragraph (ba), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or

(ii) if the holder withdraws his or her application for judicial review -- 28 days after that withdrawal; or

(iii) the grant of another bridging visa in respect of the same application for judicial review; or

(iv) if the substantive visa (if any) held by the holder is cancelled -- that cancellation; and

(ba) if a court remits a matter to which the judicial review proceedings relate to a review authority, or to the Minister, for reconsideration -- permitting the holder to remain in Australia in accordance with the relevant provision of paragraph 020.511 (b); and

(c) permitting the holder to travel to and enter Australia until the time set by paragraph (b), unless the Minister has specified an earlier time for the purpose.

020.513 In the case of a visa granted to a non‑citizen on the basis that the non‑citizen is a member of the family unit of a party to judicial review proceedings -- bridging visa:

(a) coming into effect:

(i) on grant; or

(ii) when the substantive visa (if any) held by the holder ceases; and

(b) permitting the holder to remain in Australia until the expiry of the bridging visa held by the party to the judicial review proceedings.

020.6 Conditions

(1) In the case of a visa granted to a non-citizen who is either:

(a) an applicant for a Protection (Class AZ) or Protection (Class XA) visa who:

(i) is not a person described in subclause (2) or (2A); or

(ii) satisfies the criterion in subclause 020.212 (2); or

(b) a person in a class of persons specified by the Minister by an instrument in writing for this paragraph;

Nil.

(2) In the case of a visa granted to a non-citizen who:

(a) applies for a Protection (Class AZ) or Protection (Class XA) visa; and

(b) satisfies the criterion in subclause 020.212 (3);

condition 8101, if that condition applied to the last visa held by the holder.

(2A) In the case of a visa granted to a person who is an applicant for a Subclass 462 (Work and Holiday) visa, condition 8540.

(3) In the case of a visa granted to a person who meets the requirements of subclause 020.212 (2) or (3) on the basis of a valid application for:

(a) a Graduate -- Skilled (Temporary) (Class UQ) visa; or

(b) a Skilled -- Independent Regional (Provisional) (Class UX) visa in relation to which the applicant met the requirements for subitem 1218A (5) of Schedule 1; or

(c) a Skilled (Provisional) (Class VC) visa in relation to which the applicant met the requirements for subitem 1229 (4) of Schedule 1;

8501.

(4) In the case of a visa granted to a non‑citizen who meets the requirements of subclause 020.212 (2) or (3) on the basis of a valid application for:

(a) a Skilled -- Independent Overseas Student (Class DD) visa; or

(b) a Skilled -- Australian‑sponsored Overseas Student (Class DE) visa; or

(c) a Skilled (Residence) (Class VB) visa in relation to which the applicant met the requirements for subitem 1136 (4), (5) or (6) of Schedule 1;

Nil.

(5) In any other case -- whichever of conditions 8101, 8102, 8103, 8104, 8105, 8107, 8108, 8111, 8112, 8114, 8539, 8547 and 8549 applies to the bridging visa held by the holder at the time of application.

020.7 Way of giving evidence

020.711 No evidence need be given.

020.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 030 Bridging C

030.1 Interpretation

030.111 In this Part:

review authority includes the Administrative Appeals Tribunal.

Note Criminal detention and compelling need to work are defined in regulation 1.03. For eligible non‑citizen see regulation 2.20.

030.2 Primary criteria

Note All applicants must satisfy the primary criteria.

030.21 Criteria to be satisfied at time of application

030.211 The applicant does not hold a Bridging E (Class WE) visa and has not held such a visa since last holding a substantive visa.

030.212 (1) The applicant meets the requirements of subclause (2), (2A), (3) or (5).

(2) An applicant meets the requirements of this subclause if:

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

(b) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and

(ba) either:

(i) the bridging visa can be granted in respect of that application under regulation 2.21B; or

(ii) that application was made at the same time, and on the same form, as the bridging visa application; and

(2A) An applicant meets the requirements of this subclause if:

(a) he or she is not the holder of a substantive visa; and

(b) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and

(d) he or she has previously been granted a Bridging C (Class WC) visa in respect of that application.

(3) An applicant meets the requirements of this subclause if:

(a) the applicant holds a Bridging C (Class WC) visa that:

(i) was granted as a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted to an applicant who was in Australia; and

(ii) is subject to condition 8101; and

(b) the Minister is satisfied that the applicant has a compelling need to work.

(5) An applicant meets the requirements of this subclause if:

(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and

(aa) that application was refused; and

(b) either:

(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant's substantive visa application; or

(ii) the applicant:

(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and

(B) made a substantive visa application that
was combined with the substantive visa application mentioned in subparagraph (i); and

(d) the judicial review proceedings (including proceedings on appeal, if any) are not completed.

030.22 Criteria to be satisfied at the time of decision

030.221 The applicant continues to satisfy the criteria in clauses 030.211 to 030.212.

030.3 Secondary criteria: Nil.

Note All applicants must satisfy the primary criteria.

030.4 Circumstances applicable to grant

030.411 The applicant must be in Australia, but not in immigration clearance.

Note The applicant must be an eligible non‑citizen at the time of grant: see the Act, s 73.

030.5 When visa is in effect

030.511 In the case of a visa granted to a non‑citizen who has applied for a substantive visa -- bridging visa:

(a) coming into effect:

(i) on grant; or

(ii) when the substantive visa (if any) held by the holder ceases; and

(b) permitting the holder to remain in Australia until:

(i) if the Minister's decision in respect of the substantive visa application is to grant a visa -- the grant of the visa; or

(ii) if the Minister's decision in respect of that application is to refuse to grant a visa -- 28 days after the holder is notified of that refusal; or

(iii) if the substantive visa application is refused and the holder applies for merits review of that refusal -- 28 days after notification of the decision of:

(A) the review authority; or

(iv) the grant of another bridging visa to the holder in respect of the same application for a substantive visa; or

(v) if the holder withdraws his or her application for a substantive visa or an application to a review authority -- 28 days after that withdrawal; or

(vi) if the holder is notified by Immigration that the substantive visa application is invalid -- 28 days after the notification; or

(vii) if a review authority remits the application for the substantive visa to the Minister for reconsideration -- permitting the holder of the bridging visa to remain in Australia in accordance with the relevant provision of this paragraph; or

(viii) if the substantive visa (if any) held by the holder is cancelled -- that cancellation.

030.512 In the case of a visa granted to a non‑citizen on the basis of judicial review of a decision -- bridging visa:

(a) coming into effect:

(i) on grant; or

(ii) when the substantive visa (if any) held by the holder ceases; and

(b) permitting the holder to remain in Australia until:

(i) subject to paragraph (c), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or

(ii) if the holder withdraws his or her application for judicial review -- 28 days after that withdrawal; or

(iii) the grant of another bridging visa to the holder in respect of the same application for judicial review; or

(iv) if the substantive visa (if any) held by the holder is cancelled -- that cancellation; and

030.513 In the case of a visa granted to a non‑citizen on the basis that the non‑citizen is a member of the family unit of a party to judicial review proceedings -- bridging visa:

(a) coming into effect:

(i) on grant; or

(ii) when the substantive visa (if any) held by the holder ceases; and

(b) permitting the holder to remain in Australia until the expiry of the bridging visa held by the party to the judicial review proceedings.

030.6 Conditions

030.611 In the case of a visa granted to an applicant who meets the requirements of subclause 030.212 (3): Nil.

030.612 In the case of a visa granted to a non-citizen who:

(a) applies for a Protection (Class AZ) or Protection (Class XA) visa; and

(b) meets the requirements of subclause 030.212 (5);

condition 8101 if that condition applied to the last visa held by the holder.

030.613 In any other case: condition 8101.

030.7 Way of giving evidence

030.711 No evidence need be given.

030.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 040 Bridging (Prospective Applicant)

040.1 Interpretation

Note Criminal detention is defined in regulation 1.03. For eligible non‑citizen see regulation 2.20. No interpretation provisions specific to this Part.

040.2 Primary criteria

Note All applicants must satisfy the primary criteria.

040.21 Criteria to be satisfied at time of application

Note In circumstances set out in regulation 2.22, a non‑citizen is taken under that regulation to have applied for a Bridging D (Class WD) visa.

040.211 The applicant is:

(a) an unlawful non‑citizen; or

(b) the holder of a visa that will cease within the next 3 working days after the day of application.

040.213 The Minister is satisfied that the applicant:

(a) has attempted to make, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia and is unable to do so; and

(b) will, within 5 working days, be able to make, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia.

040.214 The applicant has not previously been granted 2 bridging visas of Subclass 040 since he or she last held a substantive visa.

040.22 Criteria to be satisfied at time of decision

040.221 The applicant continues to satisfy the criteria set out in subdivision 040.21.

040.3 Secondary criteria: Nil.

Note All applicants must satisfy the primary criteria.

040.4 Circumstances applicable to grant

040.411 The applicant must be in Australia but not in immigration clearance.

Note The applicant must be an eligible non‑citizen at the time of grant: see the Act, s 73.

040.51 When visa is in effect

040.511 Bridging visa coming into effect:

(a) on grant; or

(b) when the substantive visa (if any) held by the holder ceases;

and remaining in effect for 5 working days after date of grant.

040.6 Conditions

040.611 Condition 8101.

040.7 Way of giving evidence

040.711 No evidence is to be given.

Subclass 041 Bridging (Non‑applicant)

041.1 Interpretation

Note Criminal detention is defined in regulation 1.03. For eligible non‑citizen see regulation 2.20. No interpretation provisions specific to this Part.

041.2 Primary criteria

Note All applicants must satisfy the primary criteria.

041.21 Criteria to be satisfied at time of application

041.211 The applicant is an unlawful non‑citizen.

041.212 The applicant is unable, or does not want, to apply for a substantive visa.

041.213 An officer who is an authorised officer for the purposes of clause 050.222 is not available to interview the applicant.

041.22 Criteria to be satisfied at time of decision

041.221 The applicant continues to satisfy the criteria in Subdivision 041.21.

041.3 Secondary criteria: Nil.

Note All applicants must satisfy the primary criteria.

041.4 Circumstances applicable to grant

041.411 The applicant must be in Australia, but not in immigration clearance.

Note The applicant must be an eligible non‑citizen at the time of grant: see the Act, s 73.

041.51 When visa is in effect

041.511 Bridging visa coming into effect upon grant and remaining in effect until:

(a) the end of the fifth working day after the date of grant; or

(b) if the applicant is granted a Subclass 050 (Bridging (General)) visa before the end of that day -- the date of grant of the Subclass 050 (Bridging (General)) visa.

041.6 Conditions

041.611 Conditions 8101 and 8401.

041.7 Way of giving evidence

041.711 No evidence is to be given.

Subclass 050 Bridging (General)

050.1 Interpretation

050.111 In this Part:

review authority includes the Administrative Appeals Tribunal.

Note Compelling need to work and criminal detention are defined in regulation 1.03. For eligible non‑citizen see regulation 2.20.

050.2 Primary criteria

Note All applicants must satisfy the primary criteria.

050.21 Criteria to be satisfied at time of application

050.211 (1) The applicant is:

(a) an unlawful non‑citizen; or

(b) the holder of a Bridging E (Class WE) visa; or

(2) The applicant is not an eligible non‑citizen of the kind set out in subregulation 2.20 (7), (8), (9), (10) or (11).

050.212 (1) The applicant meets the requirements of subclause (2), (3), (3A), (4), (4AAA), (4AA), (4AB) , (5), (5A), (5B), (6), (6AA), (6A), (6B), (7), (8) or (9).

(2) An applicant meets the requirements of this subclause if the Minister is satisfied that the applicant is making, or is the subject of, acceptable arrangements to depart Australia.

(3) An applicant meets the requirements of this subclause if:

(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia and that application has not been finally determined; or

(b) the Minister is satisfied that the applicant will apply, in Australia, within a period allowed by the Minister for the purpose, for a substantive visa of a kind that can be granted if the applicant is in Australia.

(3A) An applicant meets the requirements of this subclause if:

(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and

(b) either:

(i) the applicant has applied for judicial review of a decision to refuse to grant the visa and the judicial proceedings (including any proceedings on appeal) have not been completed; or

(ii) the Minister has applied for judicial review of
a decision in relation to a refusal to grant
the applicant's substantive visa, and the judicial review proceedings (including any proceedings on appeal) have not been completed.

(4) An applicant meets the requirements of this subclause if:

(a) the applicant has applied for judicial review of a decision in relation to a substantive visa, other than a decision to refuse to grant a visa; or

(aa) the Minister has applied for judicial review of a decision in relation to the applicant's substantive visa application, other than a decision relating to a refusal to grant the substantive visa; or

(b) the applicant has applied for merits review of a decision to cancel a visa; or

(ba) the applicant has applied under section 137K of the Act for revocation of the cancellation of a visa; or

(bb) the applicant has applied for merits review of a decision under section 137L of the Act not to revoke the cancellation of a visa; or

(c) the Minister is satisfied that the applicant will make an application of a kind referred to in paragraph (b), (ba) or (bb); or

(d) the applicant has applied for judicial review of the validity of a law that affects:

(i) the applicant's eligibility to apply for a substantive visa; or

(ii) the applicant's entitlement to be granted or to continue to hold a substantive visa.

(4AAA) An applicant meets the requirements of this subclause if the applicant has applied for:

(a) a declaration from a court that the Act does not apply to the applicant; or

(b) judicial review or merits review of a decision made
in relation to the applicant under the Australian Citizenship Act 1948 or the Australian Citizenship Act 2007 ;

and the proceedings for the declaration or review have not been completed.

(4AA) An applicant meets the requirements of this subclause if:

(a) the applicant is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in:

(i) paragraph (3A) (b); or

(ii) paragraph (4) (a); or

(iii) paragraph (4) (aa); or

(iv) paragraph (4) (d); and

(b) the person whose substantive visa application is the subject of the judicial review proceedings is not a party to a representative proceeding; and

(c) the applicant made a substantive visa application that was combined with the substantive visa application mentioned in:

(i) paragraph (3A) (a); or

(ii) subclause (4).

(4AB) An applicant meets the requirements of this subclause if the applicant is:

(a) a member of the immediate family of a person who meets the requirements of subclause (4AAA); or

(b) a brother or sister who has not turned 18, of a person who:

(i) meets the requirements of subclause (4AAA); and

(ii) has not turned 18.

Note Regulation 1.12AA defines member of the immediate family .

(4A) For the purposes of subclauses (3A), (4) and (4AAA), the applicant is taken to have applied for judicial review if the applicant:

(a) is described or identified, in an application or document filed for the purposes of section 33H of the Federal Court of Australia Act 1976 , as a group member to whom a representative proceeding relates; or

(b) is a person on whose behalf or for whose benefit a person sues under Order 16 Rule 12 of the High Court Rules .

(5) An applicant meets the requirements of this subclause if:

(a) he or she held a visa that was cancelled under subsection 140 (1) or (3) of the Act (which deals with cancellation because of the cancellation of a visa held by another person); and

(b) either:

(i) the other person whose visa was cancelled has applied for review of the decision to cancel his or her visa; or

(ii) the Minister is satisfied that that other person will make an application of that kind.

(5A) An applicant meets the requirements of this subclause if:

(a) the applicant held a visa that was cancelled under subsection 140 (1), (2) or (3) of the Act because another person's visa was cancelled under section 137J of the Act; and

(b) one of the following applies in relation to the person whose visa was cancelled under section 137J of the Act:

(i) he or she has applied under section 137K of the Act for revocation of the cancellation of the visa;

(ii) he or she has applied for merits review of a decision under section 137L of the Act not to revoke the cancellation of the visa;

(iii) the Minister is satisfied that he or she will make an application of a kind mentioned in subparagraph (i) or (ii).

(5B) An applicant meets the requirements of this subclause if the applicant:

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

(b) has made a request to the Minister to determine under section 48B of the Act that section 48A of the Act does not apply to prevent an application for a protection visa by the applicant; and

(i) a determination under section 48B of the Act; or

(ii) the exercise of the Minister's power under section 345, 351, 391, 417 or 454 of the Act.

(6) An applicant meets the requirements of this subclause if:

(a) the applicant is the subject of:

(i) a decision in relation to an application made in Australia for a visa; or

(ii) a decision to cancel a visa; and

(b) in relation to the decision mentioned in paragraph (a), the applicant:

(i) is the subject of a decision for which the Minister has the power to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; and

(ii) has made a request to the Minister to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; and

(i) the exercise of the Minister's power under section 345, 351, 391, 417 or 454 of the Act; or

(ii) a determination under section 48B of the Act.

(6AA) An applicant meets the requirements of this subclause if the Minister has decided, under section 345, 351, 391, 417 or 454 of the Act, to substitute a more favourable decision for the decision of a review authority but the applicant cannot, for the time being, be granted a substantive visa because of a determination under section 85 of the Act.

(6A) An applicant meets the requirements of this subclause if:

(a) the applicant holds a Bridging E (Class WE) visa granted on the basis of the applicant meeting the requirements of subclause (6AA); and

(b) the Minister has decided, under section 345, 351, 391, 417 or 454 of the Act, to substitute a more favourable decision for the decision of a review authority but the applicant cannot, for the time being, be granted a substantive visa because of a determination under section 85 of the Act; and

(6B) An applicant meets the requirements of this subclause if:

(a) the applicant holds, or has held, a Bridging E (Class WE) visa granted before 1 July 2009 on the basis of the applicant meeting the requirements of subclause (6) or (6A); and

(b) the applicant is the subject of a decision for which the Minister has the power to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; and

(c) before 1 July 2009, the applicant made a request to the Minister to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; and

(d) the Minister has not yet made a decision to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act.

(7) An applicant meets the requirements of this subclause if he or she:

(a) is in criminal detention; and

(b) if he or she has been sentenced to imprisonment or periodic detention, has actually served a period of imprisonment; and

(8) An applicant meets the requirements of this subclause if:

(a) the applicant holds a Bridging E (Class WE) visa that:

(i) was granted as a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted if the applicant was in Australia; and

(ii) is subject to condition 8101; and

(b) the Minister is satisfied that the applicant has a compelling need to work; and

(c) in the case of an applicant who was an applicant for a Protection (Class AZ) visa in the period from 1 July 1997 to the end of 19 October 1999, or for a Protection (Class XA) visa on or after 20 October 1999 -- either:

(i) the reasons for the delay in making the application for a protection visa are acceptable to the Minister; or

(ii) the applicant is in a class of persons specified by the Minister by instrument in writing for this subparagraph.

(9) An applicant meets the requirements of this subclause if:

(a) the applicant has made a valid application for a
Spouse (Migrant) (Class BC) visa, an Interdependency (Migrant) (Class BI) visa or a Partner (Migrant) (Class BC) visa; and

(b) that application was refused; and

(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant's substantive visa application; or

(ii) the applicant:

(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and

(B) made a substantive visa application that
was combined with the substantive visa application mentioned in subparagraph (i);

and the applicant or family unit member does not satisfy the criterion in paragraph 010.211 (6) (c) for the grant of a Bridging A (Class WA) visa; and

(d) the judicial review proceedings (including proceedings on appeal, if any) are not completed.

050.22 Criteria to be satisfied at time of decision

050.221 The applicant continues to satisfy the criteria set out in clauses 050.211 and 050.212.

050.222 (1) Unless subclause (2), (3) or (4) applies, the applicant has been interviewed by an officer who is authorised by the Secretary for the purposes of this clause.

(2) This subclause applies if:

(a) the applicant is not in immigration detention; and

(b) the applicant has made a valid application for a substantive visa; and

(d) the applicant is not seeking to be granted a further Bridging E (Class WE) visa that is subject to conditions other than those that apply to the Bridging E (Class WE) visa that the applicant currently holds.

(3) This subclause applies if:

(a) an officer who is authorised by the Secretary for the purposes of this clause was not available to interview the applicant:

(i) at the time of application; or

(ii) if the bridging visa could be granted under regulation 2.21B, at the time of decision; and

(b) the applicant is not in immigration detention; and

(d) the applicant has previously held, but does not currently hold, a Bridging E (Class WE) visa.

Note For subclauses (2) and (3) -- in certain circumstances, a Bridging E (Class WE) visa may also be taken to have been granted without application to a non‑citizen who is in immigration detention. See the Act, s 73. In addition the Minister may grant a Bridging E (Class WE) visa to non‑citizens who are in criminal detention or are unwilling or unable to make a valid application: see r 2.25.

(4) This subclause applies if the applicant is a person:

(a) to whom subclause 050.212 (4AAA) applies; or

(b) to whom subclause 050.212 (4AB) continues to apply.

050.223 The Minister is satisfied that, if a bridging visa is granted to the applicant, the applicant will abide by the conditions (if any) imposed on it.

050.224 If an authorised officer has required a security for compliance with any conditions that the officer has indicated to the applicant will be imposed on the visa if it is granted, the security has been lodged.

050.3 Secondary criteria: Nil.

Note All applicants must satisfy the primary criteria.

050.4 Circumstances applicable to grant

050.411 The applicant must be in Australia but not in immigration clearance.

Note The applicant must be an eligible non‑citizen at the time of grant: see the Act, s 73.

050.5 When visa is in effect

050.511 In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222 (3) applies) who has applied for a substantive visa -- bridging visa:

(a) coming into effect on grant ; and

(b) permitting the holder to remain in Australia until:

(i) if the Minister's decision in respect of the substantive visa application is to grant a visa -- the grant of the visa; or

(ii) if the Minister's decision in respect of that application is to refuse to grant a visa -- 28 days after the holder is notified of that refusal; or

(iii) if the substantive visa application is refused and the holder applies for merits review of that refusal -- 28 days after notification of the decision of:

(A) the review authority; or

(B) if the holder has the right to apply to another review authority for merits review of the decision of that review authority and so applies -- that other review authority; or

(iv) if the holder withdraws his or her application for a substantive visa or an application to a review authority -- 28 days after that withdrawal; or

(v) the grant of a further bridging visa to the holder in respect of his or her substantive visa application; or

(vi) if the holder is notified by Immigration that the substantive visa application is invalid -- 28 days after the notification; or

(vii) if a review authority remits the application for
the substantive visa to the Minister for reconsideration -- permitting the holder of the bridging visa to remain in Australia in accordance with the relevant provision of this paragraph.

050.511A In the case of a visa granted to a non‑citizen on the basis that the non‑citizen is a member of the family unit of a party to judicial review proceedings -- bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia until the bridging visa held by the party to the judicial review proceedings ceases to be in effect.

050.511B In the case of a visa granted to a non‑citizen on the basis that the non‑citizen is a person who has applied for a declaration mentioned in paragraph 050.212 (4AAA) (a) -- bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia until 28 days after the proceedings for the declaration are completed.

050.511C In the case of a visa granted to a non‑citizen on the basis that the non‑citizen has applied for judicial review of a decision under the Australian Citizenship Act 1948 or the Australian Citizenship Act 2007 , mentioned in paragraph 050.212 (4AAA) (b) -- bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia until 28 days after the latest of the following:

(i) the day the judicial review proceedings are completed;

(ii) if the court remits the matter to the Minister or a review authority for reconsideration -- the day the non‑citizen is notified of the decision of the Minister or review authority;

(iii) if the non‑citizen withdraws his or her application for judicial review -- the day the application is withdrawn;

(iv) if the non‑citizen is taken to have applied for judicial review under subclause 050.212 (4A), and either withdraws from of or is struck out of the representative proceedings for judicial review -- the day the non‑citizen withdraws or is struck out.

050.511D In the case of a visa granted to a non‑citizen on the basis that the non‑citizen has applied for merits review of a decision under the Australian Citizenship Act 1948 or the Australian Citizenship Act 2007 , mentioned in paragraph 050.212 (4AAA) (b) -- bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia until 28 days after the latest of the following:

(i) the day the non‑citizen is notified of the merits review decision;

(ii) if a review authority remits the matter to the Minister for reconsideration -- the day the non‑ citizen is notified of the Minister's decision;

(iii) if the non‑citizen withdraws his or her application for merits review -- the day the application is withdrawn.

Note Merits review of certain decisions made under the Australian Citizenship Act 1948 or the Australian Citizenship Act 2007 is available under the Administrative Appeals Tribunal Act 1975 (the AAT Act). Regulation 18A of the Administrative Appeals Tribunal Regulations 1976 provides for service of documents under the AAT Act for notification of decisions and other matters.

050.511E In the case of a visa granted to a non‑citizen on the basis that the non‑citizen is a person to whom subclause 050.212 (4AB) applies -- bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia until the bridging visa held by the person who meets the requirements of subclause 050.212 (4AAA) ceases to be in effect.

050.512 In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222 (3) applies) to whom paragraph 050.212 (3A) (b), paragraph 050.212 (4) (a) or (d) or subclause 050.212 (9) applies -- bridging visa:

(a) coming into effect on grant ; and

(b) permitting the holder to remain in Australia until:

(i) if another bridging visa is granted to the holder in respect of his or her judicial review application -- the grant of that bridging visa; or

(ii) subject to paragraph (c), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or

(iii) if the holder withdraws his or her application for judicial review -- 28 days after that withdrawal; or

(iv) if the holder opts out of, or is struck out of, the representative proceeding for judicial review -- 28 days after so opting out or being struck out; and

050.513 In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222 (3) applies) who has applied for merits review of a decision to cancel a visa -- visa coming into effect on grant permitting the holder to remain in Australia until:

(a) 28 days after notification of the review decision; or

(b) if another bridging visa is granted to the holder in respect of his or her merits review application -- the grant of that bridging visa; or

050.513A In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222 (3) applies) who has applied under section 137K of the Act for revocation of the cancellation of a visa -- bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to stay in Australia until:

(i) 7 working days after the holder is notified of the decision on the revocation application; or

(ii) if another bridging visa is granted to the holder in respect of his or her revocation application -- the grant of that bridging visa; or

(iii) if the holder withdraws his or her revocation application -- 7 working days after that withdrawal; and

(c) if the decision on the revocation application is not to revoke the cancellation and the holder applies for merits review of that decision -- permitting the holder to remain in Australia in accordance with the relevant paragraph of clause 050.513B.

050.513B In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222 (3) applies) who has applied for merits review of a decision under section 137L of the Act not to revoke the cancellation of a visa -- bridging visa coming into effect on grant permitting the holder to stay in Australia until:

(a) 28 days after the holder is notified of the review decision; or

(b) if another bridging visa is granted to the holder in respect of his or her review application -- the grant of that bridging visa; or

050.514 In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222 (3) applies) to whom subsection 140 (1) or (3) of the Act (which deal with cancellation as a result of cancellation of a visa held by another non‑citizen) applies, if the other person whose visa was cancelled has applied for review of that cancellation decision -- visa coming into effect on grant permitting the holder to remain in Australia until:

(a) 28 days after notification of the review decision; or

(b) if another bridging visa is granted to the holder in respect of that merits review application -- the grant of that bridging visa; or

(c) if the other person whose visa was cancelled withdraws his or her application for merits review -- 28 days after that withdrawal.

050.514AA In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222 (3) applies) to whom subsection 140 (1), (2) or (3) of the Act applies, if the person whose visa was cancelled under section 137J of the Act has applied under section 137K of the Act for revocation of the cancellation -- bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to stay in Australia until:

(i) 7 working days after the person whose visa was cancelled under section 137J of the Act is notified of the decision on the revocation application; or

(ii) if another bridging visa is granted to the holder in respect of the revocation application -- the grant of that bridging visa; or

(iii) if the person whose visa was cancelled under section 137J of the Act withdraws his or her revocation application -- 7 working days after that withdrawal; and

(c) if the decision on the revocation application is not to revoke the cancellation and the person whose visa was cancelled applies for merits review of that decision -- permitting the holder to remain in Australia in accordance with the relevant paragraph of clause 050.514AB.

050.514AB In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222 (3) applies) to whom subsection 140 (1), (2) or (3) of the Act applies, if the person whose visa was cancelled under section 137J of the Act has applied for merits review of a decision under section 137L of the Act not to revoke the cancellation -- bridging visa coming into effect on grant permitting the holder to stay in Australia until:

(a) 28 days after the person whose visa was cancelled under section 137J of the Act is notified of the review decision; or

(b) if another bridging visa is granted to the holder in respect of the review application -- the grant of that bridging visa; or

(c) if the person whose visa was cancelled under section 137J of the Act withdraws his or her application for merits review -- 28 days after that withdrawal.

050.514A In the case of a visa granted to a non‑citizen to whom subclause 050.222 (3) applies -- bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia for 5 working days from date of grant.

050.515 (1) In the case of a visa granted, or taken to have been granted, to a non‑citizen who is in criminal detention -- visa coming into effect on grant and ceasing on:

(a) the non‑citizen's unconditional release from criminal detention; or

(b) the non‑citizen's release on bail; or

(i) the non‑citizen's completing a sentence of imprisonment; or

(ii) subject to subclause (2), the non‑citizen's release on parole; or

(iv) the non‑citizen's escaping from prison; or

(ca) subject to subclause (2), in the case of a non‑citizen who is subject to an order for periodic detention -- the completion of the period of periodic detention imposed by that order; or

(d) the signing of a deportation order against the non‑ citizen; or

(e) the grant of another visa to the holder; or

(f) if the non‑citizen is subject to an order for periodic detention -- the non‑citizen's breaching a condition of that order.

(2) Subparagraph (1) (c) (ii) and paragraph (1) (ca) apply only in the case of a non‑citizen who has actually served a part of a term of imprisonment.

050.516 In the case of a visa that is taken to have been granted
by operation of section 75 of the Act (which deals with applications for bridging visas which the Minister does not decide within a short period) -- visa coming into effect on grant permitting the applicant to remain in Australia for:

(a) 5 working days from date of grant; or

(b) if the Minister is satisfied, within 5 days from the date of grant, that the visa holder has made acceptable arrangements to depart Australia within 14 days from the date of grant -- 14 days from the date of grant.

050.517 In any other case -- visa coming into effect on grant and ceasing on a date specified by the Minister for the purpose.

050.6 Conditions

050.611 In the case of a visa granted to a non‑citizen who:

(a) either:

(i) applied for a substantive visa at the same time and on the same form as he or she applied for the bridging visa; or

(ii) applied for a substantive visa in respect of which the bridging visa is granted under regulation 2.21B; and

(b) is not in immigration detention; and

whichever of conditions 8101, 8104, 8201, 8207, 8401, 8402, 8505, 8506 and 8548 apply to that bridging visa.

050.611B In the case of a visa granted to an unlawful non‑citizen to whom subclause 050.222 (3) applies:

(a) condition 8401 must be imposed; and

(b) any 1 or more of conditions 8101, 8104, 8201, 8207, 8505, 8506 and 8548 may be imposed.

050.612 In the case of a visa that is taken to have been granted by operation of section 75 of the Act -- conditions 8101, 8201, 8402, 8506, 8509 and 8548.

050.612A (1) This clause applies to a visa that is granted to an applicant who:

(a) meets the requirements of 1 or more of the following:

(i) subparagraph 050.212 (3A) (b) (i);

(ii) subparagraph 050.212 (3A) (b) (ii);

(iii) paragraph 050.212 (4) (a);

(iv) paragraph 050.212 (4) (aa);

(v) paragraph 050.212 (4) (d);

(vi) subclause 050.212 (4AA);

(viia) subclause 050.212 (6AA);

(viii) subclause 050.212 (9); and

(b) does not meet the requirements of subclause 050.212 (5B), (6) or (6A).

(2) Condition 8101 must be imposed.

(3) Any 1 or more of conditions 8201, 8207, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.

050.612B In the case of a visa granted to an applicant who meets the requirements of subclause 050.212 (4AAA) or (4AB): Nil.

050.613 In the case of a visa granted to an applicant (whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply) who meets the requirements of subclause 050.212 (6A) or (8) -- any 1 or more of conditions 8201, 8207, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.

050.613A (1) In the case of a visa granted to an applicant (whether or not the applicant is an applicant to which any other clause in this Division applies) who:

(a) applies for:

(i) a Protection (Class AZ) visa in the period from 1 July 1997 to the end of 19 October 1999; or

(ii) a Protection (Class XA) visa on or after 20 October 1999; or

(b) is not in a class of persons specified by the Minister by instrument in writing for this paragraph;

Condition 8101.

(2) If the applicant is an applicant to whom subclause (1) applies, any 1 or more of conditions 8201, 8207, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.

050.614 (1) In the case of a visa granted to an applicant who:

(a) is:

(i) an applicant for a Protection (Class AZ) visa in the period starting on 1 July 1997 and ending at the end of 19 October 1999; or

(ii) an applicant for a Protection (Class XA) visa on or after 20 October 1999; and

(b) meets the requirements of subclause 050.212 (3A), (4), (4AA) or (4A);

condition 8101, if that condition applied to the last visa held by the holder.

(2) Any 1 or more of conditions 8104, 8201, 8207, 8401, 8402, 8403, 8505, 8506, 8507, 8508, 8509, 8510, 8511, 8512 and 8548 may be imposed.

050.615 (1) In the case of a visa granted to an applicant who:

(a) meets the requirements of subclause 050.212 (5B) or (6); and

(b) was not an unlawful non‑citizen after the application for a substantive visa was finally determined up until the time of the request for the Minister:

(i) to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; or

(ii) to make a determination under section 48B of the Act;

condition 8101, if that condition applied to the last visa held by the holder.

(2) Any 1 or more of conditions 8201, 8207, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.

050.615A (1) In the case of a visa granted to an applicant who:

(a) meets the requirements of subclause 050.212 (5B) or (6); and

(b) was an unlawful non-citizen for all or part of the period after the application for a substantive visa was finally determined until the time of the request for the Minister:

(i) to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; or

(ii) to make a determination under section 48B of the Act;

condition 8101.

(2) Any 1 or more of conditions 8201, 8207, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.

050.616 (1) In the case of a visa granted to an applicant (whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply) who meets the requirements of subclause 050.212 (6B) -- condition 8101, if that condition applied to the last visa held by the holder.

(2) Any 1 or more of conditions 8104, 8201, 8207, 8401, 8402, 8403, 8505, 8506, 8507, 8508, 8509, 8510, 8511, 8512 and 8548 may be imposed.

050.617 In any other case -- any 1 or more of conditions 8101, 8104, 8201, 8207, 8401, 8402, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.

050.7 Way of giving evidence

050.711 No evidence need be given.

050.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 051 Bridging (Protection Visa Applicant)

051.1 Interpretation

051.111 In this Part:

review authority includes the Administrative Appeals Tribunal.

Note 1 Compelling need to work and criminal detention are defined in regulation 1.03.

Note 2 For eligible non‑citizen see regulation 2.20.

Note 3 For the meaning of finally determined , see subsection 5 (9) of the Act.

Note 4 A Subclass 051 visa may also be granted without application.

051.2 Primary criteria

Note All applicants must satisfy the primary criteria.

051.21 Criteria to be satisfied at time of application

051.211 The applicant is an eligible non‑citizen referred to in subregulation 2.20 (7), (8), (9), (10) or (11).

051.212 The applicant, or a person acting on behalf of the applicant, has signed an undertaking acceptable to the Minister that:

(a) if the applicant withdraws the application for a protection visa, the applicant will depart Australia, or present himself or herself to Immigration for removal, within 28 days after the applicant withdraws the application; and

(b) if the application for a protection visa is finally determined and refused, the applicant will depart Australia, or present himself or herself to Immigration for removal, within 28 days after the latest of the following:

(i) the applicant is notified that the protection visa application has been finally determined and refused;

(ii) the applicant withdraws an application for judicial review of the decision to refuse the protection visa application (the visa decision );

(iii) proceedings for judicial review of the visa decision are completed, and the outcome is that the visa decision is maintained;

(iv) the applicant withdraws an appeal against the outcome of judicial review of the visa decision;

(v) proceedings on an appeal against the outcome of judicial review of the visa decision are completed, and the outcome is that the visa decision is maintained.

051.213 The Minister is satisfied that the applicant satisfies:

(a) the public interest criteria 4001, 4002 and 4003; and

(b) the health criteria in clauses 866.223, 866.224, 866.224A and 866.224B.

051.22 Criteria to be satisfied at time of decision

051.221 The applicant continues to satisfy the criteria in clauses 051.211, 051.212 and 051.213.

051.3 Secondary criteria: Nil.

Note All applicants must satisfy the primary criteria.

051.4 Circumstances applicable to grant

051.411 The applicant must be in Australia but not in immigration clearance.

051.5 When visa is in effect

051.511 In the case of a visa granted to a non‑citizen who has applied for a protection visa -- bridging visa coming into effect on grant, permitting the holder to remain in Australia until:

(a) either:

(i) if the Minister's decision in respect of the protection visa application is to grant a visa -- the grant of the protection visa; or

(ii) if the Minister's decision in respect of that application is to refuse to grant a visa -- 28 days after the holder is notified of that refusal; or

(b) if that application is refused and the holder applies for merits review of that decision -- 28 days after notification of the decision of the final review authority appealed to; or

(d) if the holder withdraws the application for the protection visa or for review -- 28 days after that withdrawal; or

(e) if the holder is notified by Immigration that the protection visa application is invalid -- 28 days after the notification; or

(f) if a review authority remits the application for the protection visa to the Minister for reconsideration -- permitting the holder of the bridging visa to remain in Australia in accordance with the relevant provision of this clause.

051.512 In the case of a visa granted to a non‑citizen on the basis of judicial review of a decision to refuse a protection visa application -- bridging visa coming into effect on grant and permitting the applicant to remain in Australia until:

(a) if another bridging visa is granted to the holder in respect of his or her application for judicial review -- the grant of that bridging visa; or

(b) subject to paragraph (d), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or

(d) if a court remits a matter to which the judicial review proceedings relate to a review authority, or to the Minister, for reconsideration -- permitting the holder to remain in Australia in accordance with the relevant provision of clause 051.511.

051.513 In the case of a visa that is taken to have been granted by operation of section 75 of the Act -- bridging visa coming into effect on grant and permitting the applicant to remain in Australia until:

(a) either:

(i) if the Minister's decision in respect of the protection visa application is to grant a visa -- the grant of the visa; or

(ii) if the Minister's decision in respect of that application is to refuse to grant a visa -- 28 days after the holder is notified of that refusal; or

(b) if the protection visa application is refused and the holder applies for merits review of that decision -- 28 days after notification of the decision of the final review authority appealed to; or

(d) if the holder withdraws the application for the protection visa or for review -- 28 days after that withdrawal.

051.6 Conditions

051.611 In the case of a visa that is taken to have been granted by operation of section 75 of the Act -- conditions 8101, 8201, 8402, 8506 and 8513.

051.611A (1) In the case of a visa granted to an applicant (whether or not the applicant is an applicant to which any other clause in this Division applies) who:

(a) applies for:

(i) a Protection (Class AZ) visa in the period from 1 July 1997 to the end of 19 October 1999; or

(ii) a Protection (Class XA) visa on or after 20 October 1999; and

(b) has been in Australia for a period of 45 days or more, or for periods totalling 45 days or more, (not including any day for part of which the applicant was not in Australia) in the 12 months immediately before the date of that application; and

Condition 8101.

(2) If the applicant is an applicant to whom subclause (1) and clause 051.611 applies -- conditions 8101, 8201, 8402, 8506 and 8513.

(3) In addition, if the applicant is an applicant to whom subclause (1) applies, any 1 or more of conditions 8104, 8201, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511 and 8512 may be imposed.

051.612 In any other case -- any 1 or more of conditions 8101, 8104, 8201, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511 and 8512 may be imposed.

051.7 Way of giving evidence

051.711 No evidence need be given.

051.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 060 Bridging F

060.1 Interpretation

Note No interpretation provisions specific to this Part.

060.2 Primary criteria

060.21 [No criteria to be satisfied at time of application]

060.22 Criteria to be satisfied at time of decision

060.221 The Minister is satisfied that the applicant has been identified as a suspected victim of human trafficking.

060.222 The Minister is satisfied that suitable arrangements have been made for the care, safety and welfare of the applicant in Australia for the proposed period of the visa.

060.223 The Minister is satisfied that, if the bridging visa is granted, the applicant will abide by the conditions imposed on it.

060.3 Secondary criteria

060.31 [No criteria to be satisfied at time of application]

060.32 Criteria to be satisfied at time of decision

060 .321 The applicant is a member of the immediate family of, and made a combined application with, a person in relation to whom the primary criteria in Subdivision 060.22 are satisfied.

060.322 The Minister is satisfied that the applicant continues to be a member of the immediate family of a person who has been identified as a suspected victim of human trafficking.

060.323 The Minister is satisfied that suitable arrangements have been made for the care, safety and welfare of the applicant in Australia for the proposed period of the visa.

060.324 The Minister is satisfied that, if the bridging visa is granted, the applicant will abide by the conditions imposed on it.

060.4 Circumstances applicable to grant

060.411 (1) An applicant:

(a) to whom subregulation 2.20 (14) applies; and

(b) who applied for the visa using the application process described in subregulation 2.20B (2);

must be outside Australia when the visa is granted.

(2) An applicant:

(a) to whom subregulation 2.20 (15) applies; and

(b) who applied for the visa using the application process described in subregulation 2.20B (2);

must be in Australia, but not in immigration clearance, when the visa is granted.

(3) An applicant:

(a) to whom subregulation 2.20 (15) applies except that he or she has been immigration cleared; and

(b) who applied for the visa using the application process described in subregulation 2.20B (2);

must be in Australia when the visa is granted.

(4) In any other case, an applicant must be in Australia when the visa is granted.

060.5 When visa is in effect

060.511 (1) For a person to whom subregulation 2.20 (14) applies, and who made an application in accordance with subregulation 2.20B (2) -- bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to travel to, and enter, Australia on 1 occasion until a date specified by the Minister; and

(2) For a person to whom subregulation 2.20 (15) applies regardless of whether the person has been immigration cleared, and who made an application in accordance with subregulation 2.20B (2) -- bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to travel to, and enter, Australia on 1 occasion until a date specified by the Minister; and

(i) a date specified by the Minister;

(ii) the date on which the holder is granted a new criminal justice stay visa in accordance with Division 4 of Part 2 of the Act;

(iii) the date on which a criminal justice certificate issued to the holder in accordance with that Division is cancelled.

(3) In any other case -- bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia until the earliest of the following:

(i) a date specified by the Minister;

(ii) the end of 45 days after the date of the grant;

(iii) if:

(A) an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, under paragraph 1306 (3) (d) of Schedule 1 that the holder has been identified as a suspected victim of human trafficking; and

(B) an officer of that police force tells Immigration, in writing, that the holder is no longer identified as a suspected victim;

when the Minister gives a written notice to the holder, by one of the methods specified in section 494B of the Act, that the holder is no longer identified as a suspected victim;

(iv) if:

(A) a holder is a member of the immediate family of a person; and

(B) an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, under paragraph 1306 (3) (d) of Schedule 1 that the person has been identified as a suspected victim of human trafficking; and

(C) an officer of that police force tells Immigration, in writing, that the person is no longer identified as a suspected victim;

when the Minister gives a written notice to the holder, by one of the methods specified in section 494B of the Act, that the person is no longer identified as a suspected victim.

060.6 Conditions

060.611 In the case of a visa that is taken to have been granted by operation of section 75 of the Act -- conditions 8101 and 8402.

060.612 In any other case:

(a) conditions 8101 and 8401 must be imposed; and

(b) any 1 or more of conditions 8403, 8505, 8506, 8507, 8510 and 8511 may be imposed.

060.613 In addition to clauses 060.611 and 060.612, in the case of a visa that has been granted to a person who:

(a) made the application for the visa in accordance with subregulation 2.20B (2); and

(b) is the holder of the visa on the basis of satisfying the secondary criteria for the grant of the visa;

condition 8502 must be imposed.

060.7 Way of giving evidence

060.711 No evidence need be given.

060.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 070 Bridging (Removal Pending)

070.1 Interpretation

070.111 In this Part:

eligible non‑citizen has the meaning given in regulation 2.20.

Note See regulation 2.20A for how an application for a Bridging R (Class WR) visa is taken to have been validly made.

070.2 Primary criteria

Note All applicants must satisfy the primary criteria.

070.21 Criteria to be satisfied at time of application

070.211 The applicant is an eligible non‑citizen referred to in subregulation 2.20 (12) who is taken to have made an application in accordance with subregulation 2.20A (2).

070.22 Criteria to be satisfied at time of decision

070.221 The applicant continues to satisfy the criterion set out in clause 070.211.

070.222 The Minister is satisfied that, if the bridging visa is granted, the applicant will abide by the conditions to which the visa is subject.

070.223 The applicant satisfies public interest criteria 4001 and 4002.

070.3 Secondary criteria: Nil.

Note All applicants must satisfy the primary criteria.

070.4 Circumstances applicable to grant

070.411 The applicant must be in immigration detention when the visa is granted.

070.5 When visa is in effect

070.511 Bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia; and

(c) ceasing at the time when the Minister gives a notice in writing to the holder, by one of the methods specified in section 494B of the Act, stating that:

(i) the Minister is satisfied that the holder's removal from Australia is reasonably practicable; or

(ii) the holder has breached a condition to which the visa is subject.

070.6 Conditions

070.611 Conditions 8303, 8401, 8506, 8513, 8514, 8541, 8542 and 8543 must be imposed.

070.7 Way of giving evidence

070.711 No evidence need be given.

070.712 If evidence is given, to be given by a label affixed to a valid passport or an approved form.

Subclass 100 Partner

100.1 Interpretation

100.111 In this Part:

sponsoring partner , in relation to an applicant, means:

(a) an Australian citizen, Australian permanent resident, or eligible New Zealand citizen who was specified as the applicant's spouse, intended spouse or de facto partner in the application that resulted in the grant of:

(i) the Subclass 309 (Spouse (Provisional)) visa as mentioned in paragraph 100.221 (2) (a), (2A) (a), (3) (a), (4) (a) or (4A) (a); or

(ii) the Subclass 309 (Partner (Provisional)) visa mentioned in subparagraph 100.221 (2) (a) (i), or paragraph (2A) (a), (3) (a), (4) (a) or (4A) (a); or

(b) for a person to whom the Minister has decided, under section 345, 351, 391, 417, 454 or 501J of the Act, to grant a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa -- the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was the spouse or de facto partner of that person at the time the visa was granted.

Note Australian permanent resident , eligible New Zealand citizen , long‑term partner relationship and permanent humanitarian visa are defined in regulation 1.03, de facto partner is defined in section 5CB of the Act, and spouse is defined in section 5F of the Act.

100.2 Primary criteria

Note The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

100.21 [No criteria to be satisfied at time of application]

100.22 Criteria to be satisfied at time of decision

100.221 (1) The applicant meets the requirements of subclause (2), (2A), (3) , (4) or (4A).

(2) The applicant meets the requirements of this subclause if:

(a) the applicant:

(i) is the holder of a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa; or

(ii) was the holder of a Subclass 309 (Spouse (Provisional)) visa granted before 1 November 1999 that has ceased to be in effect because the applicant:

(A) was outside Australia at the end of the 30 month period specified in the Subclass 309 visa for travelling to and entering Australia; or

(B) left Australia after the end of the 30 month period specified in that visa for travelling to and entering Australia; and

(b) the applicant is the spouse or de facto partner of the sponsoring partner; and

(2A) The applicant meets the requirements of this subclause if:

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

(b) the applicant is the spouse or de facto partner of the sponsoring partner; and

(c) subject to subclauses (5), (6) and (7), at least 2 years have passed since the Minister made the decision mentioned in paragraph (a).

(3) The applicant meets the requirements of this subclause if the applicant:

(a) first entered Australia as the holder of a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa and either:

(i) continues to be the holder of that visa; or

(ii) is no longer the holder of that visa because the visa:

(A) was granted before 1 November 1999; and

(B) has ceased to be in effect because the applicant:

(I) was outside Australia at the end of the 30 month period specified in the Subclass 309 visa for travelling to and entering Australia; or

(II) left Australia after the end of the 30 month period specified in that visa for travelling to and entering Australia; and

(b) would meet the requirements of subclause (2) or (2A) except that, after the applicant first entered Australia as the holder of the visa mentioned in paragraph (a), the sponsoring partner has died; and

(c) satisfies the Minister that the applicant would have continued to be the spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died.

(4) The applicant meets the requirements of this subclause if:

(a) the applicant first entered Australia as the holder of a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa and either:

(i) continues to be the holder of that visa; or

(ii) is no longer the holder of that visa because the visa:

(A) was granted before 1 November 1999; and

(B) has ceased to be in effect because the applicant:

(I) was outside Australia at the end of the 30 month period specified in the Subclass 309 visa for travelling to and entering Australia; or

(II) left Australia after the end of the 30 month period specified in that visa for travelling to and entering Australia; and

(b) the applicant would meet the requirements of subclause (2) or (2A) except that the relationship between the applicant and the sponsoring partner has ceased; and

(c) after the applicant first entered Australia as the holder of the visa mentioned in paragraph (a) -- either or both of the following circumstances applies:

(i) either or both of the following:

(A) the applicant;

(B) a member of the family unit of the sponsoring partner or of the applicant or of both of them;

has suffered family violence committed by the sponsoring partner;

(ii) the applicant:

(A) has custody or joint custody of, or access to; or

(B) has a residence order or contact order made under the Family Law Act 1975 relating to;

at least 1 child in respect of whom the sponsoring partner:

(D) has a residence order or contact order made under the Family Law Act 1975 ; or

(E) has an obligation under a child maintenance order made under the Family Law Act 1975 , or any other formal maintenance obligation.

Note For special provisions relating to family violence, see Division 1.5.

(4A) The applicant meets the requirements of this subclause:

(a) if the applicant held a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa that ceased on notification of a decision of the Minister to refuse a Subclass 100 visa; and

(b) if the Tribunal:

(i) has remitted that decision for reconsideration and, as a result, the Minister decides that the applicant satisfies the criteria for the grant of a Subclass 100 visa apart from the criterion that the applicant hold a Subclass 309 visa; or

(ii) has determined that the applicant satisfies the criteria for the grant of a Subclass 100 visa apart from the criterion that the applicant hold a Subclass 309 visa.

(5) Paragraphs (2) (c) and (2A) (c) do not apply to an applicant who at the time of making the application was in a long‑term partner relationship with the sponsoring partner.

(6) Paragraphs (2) (c) and (2A) (c) do not apply to an applicant whose sponsoring partner:

(a) is, or was, the holder of a permanent humanitarian visa; and

(b) before that permanent visa was granted, was in a married relationship or de facto relationship with the applicant of which Immigration was informed before that permanent visa was granted.

(7) Nothing in paragraphs (2) (c) and (2A) (c) prevents the Minister, less than 2 years after the application is made, from:

(a) refusing to grant a Subclass 100 visa; or

(b) granting a Subclass 100 visa to an applicant who meets the requirements of subclause (3) or (4).

100.222 The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and

(b) if the applicant had turned 18 at the time of application -- public interest criterion 4019.

100.223 If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of the Department of Family and Community Services.

100.224 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 100 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and

(b) if the person had turned 18 at the time of application -- satisfies public interest criterion 4019.

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 100 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

100.225 If a person (in this clause called the additional applicant ):

(a) is a member of the family unit of the applicant; and

(b) has not turned 18; and

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

100.226 If:

(a) at least 2 years have passed since the application was made; and

(b) the applicant does not meet the requirements of subclause 100.221 (2A), (3) or (4);

the applicant is nominated for the grant of the Subclass 100 visa by the sponsoring partner.

100.227 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

100.3 Secondary criteria

Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

100.31 Criteria to be satisfied at time of application

100.311 The applicant is a member of the family unit of a person who has applied for a Partner (Migrant) (Class BC) visa, and the Minister has not decided to grant or refuse to grant a visa to the person.

100.32 Criteria to be satisfied at time of decision

100.321 The applicant:

(a) is the holder of a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa that was granted on the basis that the applicant was a member of the family unit of another person who was the holder of a Subclass 309 visa, and that other person has been granted a Subclass 100 visa; or

(b) was the holder of a Subclass 309 (Spouse (Provisional)) visa granted before 1 November 1999 that:

(i) has ceased to be in effect because the applicant:

(A) was outside Australia at the end of the 30 month period specified in the Subclass 309 visa for travelling to and entering Australia; or

(B) left Australia after the end of the 30 month period specified in that visa for travelling to and entering Australia; and

(ii) was granted on the basis that the applicant was a member of the family unit of another person who was the holder of a Subclass 309 visa, and that other person has been granted a Subclass 100 visa; or

(c) is the holder of a Subclass 445 (Dependent Child) visa that was granted on the basis that the applicant was the dependent child of a parent who was the holder of a Subclass 309 or 445 visa and who has been granted a Subclass 100 visa; or

(d) is a person:

(i) who holds:

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

(B) a Subclass 309 (Spouse (Provisional)) visa; or

which the Minister has decided, under section 345, 351, 391, 417, 454 or 501J of the Act, to grant to the applicant; and

(ii) who, at the time the visa mentioned in subparagraph (i) was granted, was the dependent child, or a member of the family unit, as the case requires, of another person:

(A) who, at the time mentioned in subparagraph (ii), was the holder of a Subclass 445 (Dependent Child), a Subclass 309 (Spouse (Provisional)) visa or a Subclass 309 (Partner (Provisional)) visa; and

(B) who, since the time mentioned in subparagraph (ii), has been granted a Subclass 100 visa.

100.322 The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and

(b) if the applicant had turned 18 at the time of application -- satisfies public interest criterion 4019.

100.323 If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that:

(a) the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of the Department of Family and Community Services; or

(b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.

100.324 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

100.325 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

100.4 Circumstances applicable to grant

100.411 The applicant must be:

(a) in Australia, but not in immigration clearance; or

(b) outside Australia;

when the visa is granted.

100.5 When visa is in effect

100.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

100.6 Conditions

100.611 If the applicant is outside Australia at the time of grant, first entry must be made before a date specified by the Minister for the purpose.

100.612 If the applicant meets the primary criteria and is outside Australia at the time of the grant, condition 8502 may be imposed before the applicant's first entry to Australia as the holder of the visa.

100.613 If the applicant meets the secondary criteria and is outside Australia at the time of the grant, either or both of conditions 8502 and 8515 may be imposed before the applicant's first entry to Australia as the holder of the visa.

100.7 Way of giving evidence

100.711 No evidence need be given.

100.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 101 Child

101.1 Interpretation

Note e ligible New Zealand citizen , dependent child and step‑child
are defined in regulation 1.03, adoption is defined in regulation 1.04 , de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).

There are no interpretation provisions specific to this Part.

101.2 Primary criteria

Note The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

101.21 Criteria to be satisfied at time of application

101.211 (1) The applicant:

(a) is a dependent child of:

(i) an Australian citizen; or

(ii) the holder of a permanent visa; or

(iii) an eligible New Zealand citizen; and

(b) subject to subclause (2), has not turned 25; and

(i) is:

(A) the child (other than an adopted child); or

(B) the step‑child within the meaning of paragraph (b) of the definition of step‑child ;

of the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in paragraph (a); or

(ii) was adopted overseas by a person who, at the time of adoption, was not an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen, but later became an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen.

(2) Paragraph (1) (b) does not apply to an applicant who, at the time of making the application, was a dependent child within the meaning of subparagraph (b) (ii) of the definition of dependent child .

101.212 The applicant is sponsored by a person who:

(a) has turned 18; and

(b) is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and

(i) the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in subclause 101.211 (1); or

(ii) the cohabiting spouse or de facto partner of the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in subclause 101.211 (1).

101.213 (1) If the applicant has turned 18:

(a) the applicant:

(i) is not engaged to be married; and

(ii) does not have a spouse or de facto partner; and

(iii) has never had a spouse or de facto partner; and

(b) the applicant is not engaged in full‑time work; and

(c) subject to subclause (2), the applicant has, since turning 18, or within 6 months or a reasonable time after completing the equivalent of year 12 in the Australian school system, been undertaking a full‑time course of study at an educational institution leading to the award of a professional, trade or vocational qualification.

(2) Paragraph (1) (c) does not apply to an applicant who, at the time of making the application, is a dependent child within the meaning of subparagraph (b) (ii) of the definition of dependent child .

101.22 Criteria to be satisfied at time of decision

101.221 (1) In the case of an applicant who had not turned 18 at the time of application, the applicant:

(a) continues to satisfy the criterion in clause 101.211; or

(b) does not continue to satisfy that criterion only because the applicant has turned 18.

(2) In the case of an applicant who had turned 18 at the time of application:

(a) the applicant:

(i) continues to satisfy the criterion in clause 101.211; or

(ii) does not continue to satisfy that criterion only because the applicant has turned 25; and

(b) the applicant continues to satisfy the criterion in clause 101.213.

101.222 The sponsorship referred to in clause 101.212 has been approved by the Minister and is still in force.

101.223 The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and

(b) if the applicant had turned 18 at the time of application -- satisfies public interest criterion 4019.

101.225 If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of the Department of Family and Community Services.

101.226 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

101.227 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 101 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and

(b) if the person had turned 18 at the time of application -- satisfies public interest criterion 4019.

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 101 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

101.228 If a person (in this clause called the additional applicant ):

(a) is a member of the family unit of the applicant; and

(b) has not turned 18; and

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

101.229 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

101.3 Secondary criteria

Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

101.31 Criteria to be satisfied at the time of application

101.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 101.21.

101.312 The sponsorship referred to in clause 101.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.

101.32 Criteria to be satisfied at time of decision

101.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 101 visa.

101.322 The sponsorship referred to in clause 101.312 has been approved by the Minister and is still in force.

101.323 The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and

(b) if the applicant had turned 18 at the time of application -- satisfies public interest criterion 4019.

101.325 If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that:

(b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.

101.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

101.327 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

101.4 Circumstances applicable to grant

101.411 The applicant must be outside Australia when the visa is granted.

101.5 When visa is in effect

101.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

101.6 Conditions

101.611 First entry must be made before a date specified by the Minister for the purpose.

101.612 Either or both of conditions 8502 and 8515 may be imposed.

101.7 Way of giving evidence

101.711 No evidence need be given.

101.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 102 Adoption

102.1 Interpretation

102.111 In this Part:

adoptive parent , in relation to an applicant, means the person referred to in paragraph 102.211 (2) (b) or 102.211 (5) (b).

child for adoption means an applicant referred to in subclause 102.211 (3) or (4).

prospective adoptive parent , in relation to an applicant, means:

(a) the unmarried person referred to in subparagraph 102.211 (3) (c) (i); or

(b) each of the spouses or de facto partners referred to in subparagraph 102.211 (3) (c) (ii); or

(c) the Australian citizen, holder of a permanent visa or eligible New Zealand citizen referred to in paragraph 102.211 (4) (c);

as the case requires.

Note eligible New Zealand citizen is defined in regulation 1.03, and adoption is defined in regulation 1.04.

102.2 Primary criteria

102.21 Criteria to be satisfied at time of application

102.211 (1) The applicant meets the requirements of subclause (2), (3), (4) or (5).

(2) An applicant meets the requirements of this subclause if:

(a) the applicant has not turned 18; and

(b) the applicant was adopted overseas by a person who:

(i) was, at the time of the adoption, an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and

(ii) had been residing overseas for more than 12 months at the time of the application; and

(c) the Minister is satisfied that the residence overseas by the adoptive parent was not contrived to circumvent the requirements for entry to Australia of children for adoption; and

(d) the adoptive parent has lawfully acquired full and permanent parental rights by the adoption.

(3) An applicant meets the requirements of this subclause if:

(a) the applicant has not turned 18; and

(b) the applicant is resident in an overseas country; and

(i) a person who is not in a married relationship or de facto relationship, and who is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen has undertaken in writing to adopt the applicant; or

(ii) spouses or de facto partners, at least one of whom is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen, have undertaken in writing to adopt the applicant; and

(d) a competent authority in Australia:

(i) has approved the prospective adoptive parent as a suitable adoptive parent for the applicant; or

(ii) has approved the prospective adoptive parent and the spouse or de facto partner of the prospective adoptive parent as suitable adoptive parents for the applicant.

(4) An applicant meets the requirements of this subclause if:

(a) the applicant has not turned 18; and

(b) the applicant is resident in an overseas country; and

(c) a competent authority in the overseas country has allocated the applicant for prospective adoption by a person who is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen, or such a person and that person's spouse or de facto partner; and

(d) either:

(i) arrangements for the adoption are in accordance with the Adoption Convention; or

(ii) the adoption is of a kind that may be accorded recognition by regulation 5 of the Family Law (Bilateral Arrangements -- Intercountry Adoption) Regulations 1998 ; and

(e) a competent authority in Australia:

(i) has approved the prospective adoptive parent as a suitable adoptive parent for the applicant; or

(ii) has approved the prospective adoptive parent and the spouse or de facto partner of the prospective adoptive parent as suitable adoptive parents for the applicant.

(5) An applicant meets the requirements of this subclause if:

(a) the applicant has not turned 18; and

(b) the applicant was adopted in accordance with the Adoption Convention, in an Adoption Convention country, by a person who was an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen when the adoption took place, or by such a person and that person's spouse or de facto partner.

102.212 The applicant is sponsored by a person who is:

(a) an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and

(b) in the case of an applicant who is a child for adoption -- a prospective adoptive parent of the child; and

102.213 The laws relating to adoption of the country in which the child is normally resident have been complied with.

102.22 Criteria to be satisfied at time of decision

102.221 The applicant continues to satisfy the criteria in clauses 102.211 and 102.213.

102.222 The sponsorship referred to in clause 102.212 has been approved by the Minister and is still in force.

102.223 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010.

102.225 If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of the Department of Family and Community Services.

102.226 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 102 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010.

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 102 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

102.227 If a person (in this clause called the additional applicant ):

(a) is a member of the family unit of the applicant; and

(b) has not turned 18; and

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

102.227A If the applicant has met the requirements of subclause 102.211 (3), a competent authority in the overseas country has approved the departure of the applicant:

(a) for adoption in Australia; or

(b) in the custody of the prospective adoptive parent or parents.

102.228 (1) If:

(a) the applicant has met the requirements of subclause 102.211 (4) or (5); and

(b) the adoption of the applicant took place overseas --

an adoption compliance certificate is in force in relation to the adoption.

(2) If:

(a) the applicant has met the requirements of subclause 102.211 (4); and

(b) the adoption of the applicant is to take place in Australia --

the Minister is satisfied that a competent authority in the overseas country has given permission for the child to leave the overseas country in the care of a prospective adoptive parent for the purpose of adoption in Australia.

102.229 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

102.3 Secondary criteria

Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

102.31 Criteria to be satisfied at time of application

102.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 102.21.

102.312 The sponsorship referred to in clause 102.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.

102.32 Criteria to be satisfied at time of decision

102.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 102 visa.

102.322 The sponsorship referred to in clause 102.312 has been approved by the Minister and is still in force.

102.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010.

102.325 If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that:

(b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.

102.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

102.327 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

102.4 Circumstances applicable to grant

102.411 The applicant must be outside Australia when the visa is granted.

102.5 When visa is in effect

102.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

102.6 Conditions

102.611 First entry must be made before a date specified by the Minister for the purpose.

102.612 Either or both of conditions 8502 and 8515 may be imposed.

102.7 Way of giving evidence

102.711 No evidence need be given.

102.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 103 Parent

103.1 Interpretation

Note eligible New Zealand citizen , aged parent , close relative , guardian and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5 (1) of the Act, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A) , and spouse is defined in section 5F of the Act (also see regulation 1.15A).

103.2 Primary criteria

103.21 Criteria to be satisfied at time of application

103.211 The applicant is a parent of a person who is:

(a) a settled Australian citizen; or

(b) a settled Australian permanent resident; or

103.212 (1) The applicant is sponsored in accordance with subclause (2) or (3).

(2) If the child has turned 18, the applicant is sponsored by:

(a) the child; or

(b) the child's cohabiting spouse or de facto partner, if that spouse or de facto partner:

(i) has turned 18; and

(ii) is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(3) If the child has not turned 18, the applicant is sponsored by:

(a) the child's cohabiting spouse, if that spouse:

(i) has turned 18; and

(ii) is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(b) a person who:

(i) is a close relative or guardian of the child; and

(ii) has turned 18; and

(iii) is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(i) is a close relative or guardian of the child's spouse; and

(ii) has turned 18; and

(iii) is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(d) a community organisation.

(4) In this clause, the child means the settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen referred to in clause 103.211.

103.213 The applicant satisfies the balance of family test.

103.22 Criteria to be satisfied at time of decision

103.221 The applicant continues to satisfy the criterion in clause 103.211.

103.222 A sponsorship of the kind mentioned in clause 103.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application.

Note The applicant may seek the Minister's approval for a change of sponsor as long as the new sponsor meets the description in clause 103.212.

103.224 The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(b) if the applicant had turned 18 at the time of application -- satisfies public interest criterion 4019.

103.225 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

103.226 The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.

103.227 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 103 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and

(b) if he or she has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 103 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

103.228 If a person (in this clause called the additional applicant ):

(a) is a member of the family unit of the applicant; and

(b) has not turned 18; and

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

103.229 If the applicant has previously made a valid application for another parent visa:

(a) the application has been:

(i) finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958 ); or

(ii) withdrawn; and

(b) any of the following has occurred in relation to the application for that visa:

(i) each decision that has been made in respect of the application is not, or is no longer, subject to any form of:

(A) review by the Administrative Appeals Tribunal; or

(B) judicial review proceedings ( including proceedings on appeal ) ;

(ii) a decision that has been made in respect of the application was subject to:

(A) review by the Administrative Appeals Tribunal; or

(B) judicial review proceedings (including proceedings on appeal ) ;

but the period within which such a review or such review proceedings could be instituted has ended without a review or review proceedings having been instituted as prescribed;

(iii) if the applicant has applied for:

(A) review by the Migration Review Tribunal; or

(B) review by the Administrative Appeals Tribunal; or

the applicant has withdrawn all applications for the review or review proceedings.

103.230 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

103.3 Secondary criteria

Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

103.31 Criteria to be satisfied at time of application

103.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 103.21.

103.312 A sponsorship of the kind mentioned in clause 103.212 of the person who satisfies the primary criteria, approved by the Minister:

(a) is in force; and

(b) includes sponsorship of the applicant.

103.32 Criteria to be satisfied at time of decision

103.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 103 visa.

103.322 A sponsorship of the kind mentioned in clause 103.212 of the person who satisfies the primary criteria, approved by the Minister:

(a) is in force; and

(b) includes sponsorship of the applicant;

whether or not the sponsor was the sponsor when the Minister first approved a sponsorship.

103.323 The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(b) if the applicant had turned 18 at the time of application -- satisfies public interest criterion 4019.

103.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

103.325 The Minister is satisfied that:

(a) the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of the Department of Family and Community Services; or

(b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.

103.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

103.327 If the applicant has previously made a valid application for another parent visa:

(a) the application has been:

(i) finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958 ); or

(ii) withdrawn; and

(b) any of the following has occurred in relation to the application for that visa:

(i) each decision that has been made in respect of the application is not, or is no longer, subject to any form of:

(A) review by the Administrative Appeals Tribunal; or

(B) judicial review proceedings ( including proceedings on appeal ) ;

(ii) a decision that has been made in respect of the application was subject to:

(A) review by the Administrative Appeals Tribunal; or

(B) judicial review proceedings ( including proceedings on appeal ) ;

but the period within which such a review or such review proceedings could be instituted has ended without a review or review proceedings having been instituted as prescribed;

(iii) if the applicant has applied for:

(A) review by the Migration Review Tribunal; or

(B) review by the Administrative Appeals Tribunal; or

the applicant has withdrawn all applications for the review or review proceedings.

103.328 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

103.4 Circumstances applicable to grant

103.411 The applicant must be outside Australia when the visa is granted.

Note The second instalment of the visa application charge must be paid before the visa can be granted.

103.5 When visa is in effect

103.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

103.6 Conditions

103.611 First entry must be made before a date specified by the Minister for the purpose.

103.612 Either or both of conditions 8502 and 8515 may be imposed.

103.7 Way of giving evidence

103.711 No evidence need be given.

103.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 105 Skilled -- Australian‑linked

105.1 Interpretation

105.111 In this Part:

usual occupation , in relation to an applicant, has the meaning set out in subregulation 2.26 (5).

Note Occupations Requiring English List is defined in regulation 1.19. For vocational English , see regulation 1.15B.

105.2 Primary criteria

105.21 Criteria to be satisfied at time of application

105.211 The applicant:

(a) is a brother, sister, nephew, niece or parent; or

(b) is a child (other than a dependent child);

of a person (in this clause called the sponsor ) who has turned 18 and who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

105.212 The applicant is sponsored by the sponsor.

105.213 The applicant is of working age.

105.22 Criteria to be satisfied at time of decision

105.221 The sponsorship referred to in clause 105.212 has been approved by the Minister and is still in force.

105.222 The applicant has the qualifying score when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act.

Note The Subdivision mentioned (ss 92 to 96) provides for the application of a points system, under which applicants for relevant visas are given an assessed score based on the prescribed number of points for particular attributes, which is assessed against the relevant pool mark and pass mark. The prescribed points and the manner of their allocation are provided for in Division 2.6 (regulations 2.26 and 2.27), and Schedule 6, of these Regulations. In certain circumstances, attributes of the spouse or de facto partner of an applicant may be taken into account (regulation 2.27). Pool marks and pass marks are set from time to time by the Minister by notice in the Gazette (s 96).

105.223 If the applicant satisfies the criterion specified in clause 105.222 by reason of the operation of regulation 2.27, the spouse or de facto partner of the applicant was, at the time of application, of working age.

105.224 (1) Subject to subclause (2), if the usual occupation of the applicant is an occupation included in the Occupations Requiring English List, the applicant has vocational English.

(2) If:

(a) the applicant satisfies the criterion specified in clause 105.222 by reason of the operation of regulation 2.27; and

(b) the usual occupation of the spouse or de facto partner of the applicant is an occupation included in the Occupations Requiring English List;

the spouse or de facto partner of the applicant has vocational English.

(3) For this clause, if an applicant is a person to whom subregulation 2.08D (1) applies, the Occupations Requiring English List for the applicant's further application under regulation 2.08D, means the list that, under regulation 1.19, was published in the Gazette on 31 August 1994.

105.225 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.

105.226 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

105.227 If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of the Department of Family and Community Services.

105.228 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 105 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(b) if he or she has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 105 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

105.229 If a person (in this clause called the additional applicant ):

(a) is a member of the family unit of the applicant; and

(b) has not turned 18; and

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

105.230 Approval of the application would not result in either:

(a) the number of Subclass 105 visas granted in a financial year exceeding the maximum number of Subclass 105 visas, as determined by Gazette Notice, that may be granted in that financial year; or

(b) the number of visas of particular classes (including Subclass 105) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in a financial year.

105.3 Secondary criteria

Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

105.31 Criteria to be satisfied at time of application

105.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 105.21.

105.312 The sponsorship referred to in clause 105.212 in respect of the person who satisfies the primary criteria includes sponsorship of the applicant.

105.32 Criteria to be satisfied at time of decision

105.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 105 visa.

105.322 The sponsorship referred to in clause 105.312 has been approved by the Minister and is still in force.

105.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4009 and 4010.

105.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

105.325 If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that:

(b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.

105.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

105.4 Circumstances applicable to grant

105.411 The applicant must be outside Australia when the visa is granted.

Note The second instalment of the visa application charge must be paid before the visa can be granted.

105.5 When visa is in effect

105.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

105.6 Conditions

105.611 First entry must be made before a date specified by the Minister for the purpose.

105.612 If the applicant satisfies the secondary criteria, either or both of conditions 8502 and 8514 may be imposed.

105.613 Condition 8515 may be imposed.

105.7 Way of giving evidence

105.711 Visa label affixed to a valid passport.

Subclass 106 Regional‑linked

106.1 Interpretation

106.111 In this Part:

degree has the meaning given in subregulation 2.26 (5).

designated area means an area specified by Gazette Notice as a designated area for item 6701 in Schedule 6.

diploma has the meaning given in subregulation 2.26 (5).

medical practitioner includes a specialist medical practitioner.

relevant Australian authority has the meaning given in subregulation 2.26 (5).

trade certificate has the meaning given in subregulation 2.26 (5).

usual occupation has the meaning given in subregulation 2.26 (5).

Note 1 For Occupations Requiring English List , see r 1.19.

Note 2 For vocational English , see r 1.15B.

106.2 Primary criteria

106.21 Criteria to be satisfied at time of application

106.211 The applicant:

(a) is a brother, sister, nephew, niece or parent; or

(b) is a child (other than a dependent child); or

of a person (in this Division called the sponsor ) who has turned 18 and who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

106.212 The applicant is sponsored by the sponsor.

106.213 The sponsor:

(a) is resident in a designated area; and

(b) was resident in one or other of the designated areas throughout the period of 12 months immediately before Immigration receives the relevant sponsorship (except for short absences for the purposes of recreation or business); and

(c) is not, at the time Immigration receives the relevant sponsorship, receiving a benefit under the Student and Youth Assistance Act 1973 or any form of Australian social security benefit, allowance or pension, other than:

(i) an age pension under the Social Security Act 1991 ; or

(ii) a family allowance, or family allowance supplement, under that Act; or

(iii) a pension under the Seamen's War Pensions and Allowances Act 1940 or the Veterans' Entitlements Act 1986 ; and

(d) is either:

(i) a person who:

(A) is financially independent, engaged in paid employment or receiving a pension referred to in subparagraph (c) (i) or (iii); and

(B) has not received, in respect of a period or periods amounting to more than 2 weeks during that period of 12 months, a job search allowance, a newstart allowance or a special benefit under the Social Security Act 1991 ; or

(ii) a person who:

(A) is not financially independent, engaged in paid employment or receiving a pension referred to in subparagraph (c) (i) or (iii); and

(B) does not have a spouse or de facto partner who has received, in respect of a period or periods amounting to more than 2 weeks during that period of 12 months, a job search allowance, a newstart allowance or a special benefit under the Social Security Act 1991 .

106.214 (1) The applicant meets the requirements of subclause (2) or (3).

(2) The applicant meets the requirements of this subclause if the applicant:

(a) is less than 45 years of age; and

(b) does not have a usual occupation as a medical practitioner; and

(3) The applicant meets the requirements of this subclause if the spouse or de facto partner of the applicant:

(a) is an applicant for a Subclass 106 visa; and

(b) is less than 45 years of age; and

(d) has not obtained a medical qualification within the period of 5 years immediately before the time of application.

106.22 Criteria to be satisfied at time of decision

106.221 The sponsorship referred to in clause 106.212 has been approved by the Minister and is still in force.

106.222 The sponsor is still resident in a designated area.

106.223 (1) The applicant:

(a) meets the requirements of subclause (2); or

(b) does not meet those requirements but meets the requirements of subclause (3).

(2) The applicant meets the requirements of this subclause if the applicant:

(a) met the requirements of subclause 106.214 (2) at the time of the applicant's application; and

(b) has a usual occupation, other than as a medical practitioner, being an occupation for which, in Australia, a degree, diploma or trade certificate is required; and

(i) is relevant to that usual occupation; and

(ii) is assessed by the relevant Australian authority as equivalent to the Australian standards for the occupation; and

(d) has English‑language skills that meet the requirements of subclause (4).

(3) The applicant meets the requirements of this subclause if:

(a) the applicant met the requirements of subclause 106.214 (3) at the time of the applicant's application; and

(b) the applicant's spouse or de facto partner continues to meet the requirement of paragraph 106.214 (3) (a); and

(c) the applicant's spouse or de facto partner has a usual occupation, other than as a medical practitioner, being an occupation for which, in Australia, a degree, diploma or trade certificate is required; and

(d) the applicant's spouse or de facto partner holds a degree, diploma or trade certificate that:

(i) is relevant to that usual occupation; and

(ii) is assessed by the relevant Australian authority as equivalent to the Australian standards for the occupation; and

(e) the applicant's spouse or de facto partner has English‑language skills that meet the requirements of subclause (4).

(4) The English‑language skills of the applicant or the applicant's spouse or de facto partner, as relevant, meet the requirements of this subclause if:

(a) the applicant or the applicant's spouse or de facto partner:

(i) has a usual occupation that is an occupation included in the Occupations Requiring English List; and

(ii) has vocational English; or

(b) the applicant or the applicant's spouse or de facto partner does not have a usual occupation that is an occupation included in the Occupations Requiring English List but has proficiency in English of at least the standard required for the award of 10 points on the language skill factor of the general points test specified in Part 3 of Schedule 6.

106.224 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.

106.225 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

106.226 If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of the Department of Family and Community Services.

106.227 Each member of the family unit of the applicant who is an applicant for a Subclass 106 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(b) if he or she has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.

106.228 Each member of the family unit of the applicant who is not an applicant for a Subclass 106 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

106.229 If a person (in this clause called the additional applicant ):

(a) is a member of the family unit of the applicant; and

(b) has not turned 18; and

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

106.230 Approval of the application would not result in either:

(a) the number of Subclass 106 visas granted in a financial year exceeding the maximum number of Subclass 106 visas, as determined by Gazette Notice, that may be granted in that financial year; or

(b) the number of visas of particular classes (including Subclass 106) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in a financial year.

106.3 Secondary criteria

Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

106.31 Criteria to be satisfied at time of application

106.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 106.21.

106.312 The sponsorship referred to in clause 106.212 in respect of the person who satisfies the primary criteria includes sponsorship of the applicant.

106.32 Criteria to be satisfied at time of decision

106.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 106 visa.

106.322 The sponsorship referred to in clause 106.312 has been approved by the Minister and is still in force.

106.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.

106.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

106.325 If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that:

(b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.

106.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

106.4 Circumstances applicable to grant

106.411 The applicant must be outside Australia when the visa is granted.

Note The second instalment of the visa application charge must be paid before the visa can be granted.

106.5 When visa is in effect

106.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

106.6 Conditions

106.611 First entry must be made before a date specified by the Minister for the purpose.

106.612 If the applicant satisfies the secondary criteria, either or both of conditions 8502 and 8514 may be imposed.

106.613 Condition 8515 may be imposed.

106.7 Way of giving evidence

106.711 Visa label affixed to a valid passport

Subclass 114 Aged Dependent Relative

114.1 Interpretation

Note aged dependent relative , dependent child , eligible New Zealand citizen and settled are defined in regulation 1.03, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).

114.2 Primary criteria

114.21 Criteria to be satisfied at time of application

114.211 The applicant is an aged dependent relative of a person who is:

(a) an Australian citizen; or

(b) an Australian permanent resident; or

114.212 (1) The applicant is sponsored:

(a) if the Australian relative has turned 18 and is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen -- by the Australian relative; or

(b) by the spouse or de facto partner of the Australian relative, if the spouse or de facto partner:

(i) cohabits with the Australian relative; and

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

(iii) has turned 18.

(2) In this clause, the Australian relative means the person mentioned in clause 114.211 of whom the applicant is an aged dependent relative.

114.22 Criteria to be satisfied at time of decision

114.221 The applicant continues to satisfy the criterion in clause 114.211.

114.222 The sponsorship referred to in clause 114.212 has been approved by the Minister and is still in force.

114.223 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4019.

114.224 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

114.225 The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.

114.226 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 114 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and

(b) if the member has previously been in Australia, satisfies special return criteria 5001 and 5002.

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 114 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

114.227 If a person (in this clause called the additional applicant ):

(a) is a member of the family unit of the applicant; and

(b) has not turned 18; and

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

114.228 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

114.3 Secondary criteria

Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

114.31 Criteria to be satisfied at time of application

114.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 114.21.

114.312 The sponsorship referred to in clause 114.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.

114.32 Criteria to be satisfied at time of decision

114.321 The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 114 visa.

114.322 The sponsorship referred to in clause 114.312 has been approved by the Minister and is still in force.

114.323 The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(b) if the applicant had turned 18 at the time of application -- satisfies public interest criterion 4019.

114.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

114.325 The Minister is satisfied that:

(b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.

114.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

114.327 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

114.4 Circumstances applicable to grant

114.411 The applicant must be outside Australia when the visa is granted.

Note The second instalment of the visa application charge must be paid before the visa can be granted.

114.5 When visa is in effect

114.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

114.6 Conditions

114.611 First entry must be made before a date specified by the Minister for the purpose.

114.612 Either or both of conditions 8502 and 8515 may be imposed.

114.7 Way of giving evidence

114.711 No evidence need be given.

114.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 115 Remaining Relative

115.1 Interpretation

Note Australian relative , dependent child , eligible New Zealand citizen and settled are defined in regulation 1.03. Remaining relative is defined in regulation 1.15. De facto partner is defined in section 5CB of the Act (also see regulations 1.09A and 2.03A) and spouse is defined in section 5F of the Act (also see regulation 1.15A).

115.2 Primary criteria

115.21 Criteria to be satisfied at time of application

115.211 The applicant is a remaining relative of an Australian relative for the applicant.

115.212 The applicant is sponsored:

(a) if the Australian relative has turned 18 and is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen -- by the Australian relative; or

(b) by the spouse or de facto partner of the Australian relative if:

(i) the spouse or de facto partner cohabits with the relative; and

(ii) the spouse or de facto partner is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and

(iii) the spouse or de facto partner has turned 18.

115.22 Criteria to be satisfied at time of decision

115.221 The applicant continues to satisfy the criterion in clause 115.211.

115.222 A sponsorship of the kind mentioned in clause 115.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application.

Note The applicant may seek the Minister's approval for a change of sponsor as long as the new sponsor meets the description in clause 115.212.

115.223 The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(b) if the applicant had turned 18 at the time of application -- satisfies public interest criterion 4019.

115.224 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

115.225 The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.

115.226 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 115 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(aa) if the member had turned 18 at the time of application, satisfies public interest criterion 4019; and

(b) if the member has previously been in Australia, satisfies special return criteria 5001 and 5002.

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 115 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

115.227 If a person (in this clause called the additional applicant ):

(a) is a member of the family unit of the applicant; and

(b) has not turned 18; and

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

115.228 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

115.3 Secondary criteria

Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

115.31 Criteria to be satisfied at time of application

115.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 115.21.

115.312 A sponsorship of the kind mentioned in clause 115.212 of the person who satisfies the primary criteria, approved by the Minister:

(a) is in force; and

(b) includes sponsorship of the applicant.

115.32 Criteria to be satisfied at time of decision

115.321 The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 115 visa.

115.322 A sponsorship of the kind mentioned in clause 115.212 of the person who satisfies the primary criteria, approved by the Minister:

(a) is in force; and

(b) includes sponsorship of the applicant;

whether or not the sponsor was the sponsor at the time of application.

115.323 The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(b) if the applicant had turned 18 at the time of application -- satisfies public interest criterion 4019.

115.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

115.325 The Minister is satisfied that:

(b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.

115.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

115.327 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

115.4 Circumstances applicable to grant

115.411 The applicant must be outside Australia when the visa is granted.

Note The second instalment of the visa application charge must be paid before the visa can be granted.

115.5 When visa is in effect

115.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

115.6 Conditions

115.611 First entry must be made before a date specified by the Minister for the purpose.

115.612 Either or both of conditions 8502 and 8515 may be imposed.

115.7 Way of giving evidence

115.711 No evidence need be given.

115.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 116 Carer

116.1 Interpretation

Note dependent child and eligible New Zealand citizen are defined in regulation 1.03, carer is defined in regulation 1.15AA, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).

116.2 Primary criteria

116.21 Criteria to be satisfied at time of application

116.211 (1) The applicant claims to be a carer of an Australian relative of the applicant.

(2) In this clause, Australian relative , in relation to an applicant, means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

116.212 The applicant is sponsored:

(a) by the Australian relative mentioned in clause 116.211 if that relative has turned 18; or

(b) by the spouse or de facto partner of the Australian relative if:

(i) the spouse or de facto partner cohabits with the relative; and

(ii) the spouse or de facto partner is an Australian citizen or an Australian permanent resident or an eligible New Zealand citizen; and

(iii) the spouse or de facto partner has turned 18.

116.22 Criteria to be satisfied at time of decision

116.221 The applicant is a carer of the Australian relative mentioned in clause 116.211.

116.222 The sponsorship referred to in clause 116.212 has been approved by the Minister and is still in force.

116.223 The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(b) if the applicant had turned 18 at the time of application -- satisfies public interest criterion 4019.

116.224 If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.

116.226 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 116 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(aa) if the member had turned 18 at the time of application, satisfies public interest criterion 4019; and

(b) if the member has previously been in Australia, satisfies special return criterion 5001.

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 116 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

116.227 If a person (in this clause called the additional applicant ):

(a) is a member of the family unit of the applicant; and

(b) has not turned 18; and

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

116.228 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

116.3 Secondary criteria

Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

116.31 Criteria to be satisfied at time of application

116.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 116.21.

116.312 The sponsorship referred to in clause 116.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.

116.32 Criteria to be satisfied at time of decision

116.321 The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 116 visa.

116.322 The sponsorship referred to in clause 116.312 has been approved by the Minister and is still in force.

116.323 The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(b) if the applicant had turned 18 at the time of application -- satisfies public interest criterion 4019.

116.324 If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.

116.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

116.327 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

116.4 Circumstances applicable to grant

116.411 The applicant must be outside Australia when the visa is granted.

Note The second instalment of the visa application charge must be paid before the visa can be granted, unless the applicant is a person in relation to whom the Minister has determined that the second instalment of the visa application charge should not be paid because the Minister is satisfied that payment of the instalment has caused, or is likely to cause, severe financial hardship to the applicant or to the person of whom the applicant is a carer.

116.5 When visa is in effect

116.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

116.6 Conditions

116.611 First entry must be made before a date specified by the Minister for the purpose.

116.612 Either or both of conditions 8502 and 8515 may be imposed.

116.7 Way of giving evidence

116.711 No evidence need be given.

116.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 117 Orphan Relative

117.1 Interpretation

117.111 In this Part:

Australian relative means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

Note dependent child , eligible New Zealand citizen , relative and settled are defined in regulation 1.03, orphan relative is defined in regulation 1.14, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).

117.2 Primary criteria

117.21 Criteria to be satisfied at time of application

117.211 The applicant:

(a) is an orphan relative of an Australian relative of the applicant; or

(b) is not an orphan relative only because the applicant has been adopted by the Australian relative mentioned in paragraph (a).

117.212 The applicant is sponsored:

(a) by the Australian relative, if the relative:

(i) has turned 18; and

(ii) is a settled Australian citizen, a settled Australian permanent resident, or a settled eligible New Zealand citizen; or

(b) by the spouse or de facto partner of the Australian relative, if the spouse or de facto partner:

(i) has turned 18; and

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

(iii) cohabits with the Australian relative.

117.22 Criteria to be satisfied at time of decision

117.221 The applicant:

(a) continues to satisfy the criterion in clause 117.211; or

(b) does not continue to satisfy that criterion only because the applicant has turned 18.

117.222 The sponsorship referred to in clause 117.212 has been approved by the Minister and is still in force.

117.223 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.

117.224 If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of the Department of Family and Community Services.

117.225 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 117 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 117 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

117.226 If a person (in this clause called the additional applicant ):

(a) is a member of the family unit of the applicant; and

(b) has not turned 18; and

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

117.227 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

117.228 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

117.3 Secondary criteria

Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

117.31 Criteria to be satisfied at time of application

117.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 117.21.

117.312 The sponsorship referred to in clause 117.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.

117.32 Criteria to be satisfied at time of decision

117.321 The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 117 visa.

117.322 The sponsorship referred to in clause 117.312 has been approved by the Minister and is still in force.

117.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.

117.324 If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that:

(b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.

117.325 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

117.326 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

117.4 Circumstances applicable to grant

117.411 The applicant must be outside Australia when the visa is granted.

117.5 When visa is in effect

117.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

117.6 Conditions

117.611 First entry must be made before a date specified by the Minister for the purpose.

117.612 Either or both of conditions 8502 and 8515 may be imposed.

117.7 Way of giving evidence

117.711 No evidence need be given.

117.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 118 Designated Parent

118.1 Interpretation

Note aged parent , close relative , dependent child , eligible New Zealand citizen , guardian , settled and working age parent are defined in regulation 1.03, balance of family test is defined in regulation 1.05, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).

118.2 Primary criteria

Note The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this Subclass need satisfy only the secondary criteria.

118.21 Criteria to be satisfied at time of application

118.211 (1) The applicant:

(a) made a valid application for a Parent (Migrant) (Class AX) visa in the period from 1 November 1998 to the end of 30 March 1999; and

(b) meets the requirements of subclauses (2) and (3); and

(2) A decision to grant, or to refuse to grant, the Parent (Migrant) (Class AX) visa was not made in the period from 1 November 1998 to the end of 30 March 1999.

(3) The application for the Parent (Migrant) (Class AX) visa has not been withdrawn.

(4) The applicant meets the requirements of this subclause if the applicant:

(a) is a working age parent; and

(b) has a dependent child in Australia who:

(i) has not turned 18; and

(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen.

(5) The applicant meets the requirements of this subclause if the applicant is an aged parent of a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen.

118.212 (1) If the applicant meets the requirements of subclause 118.211 (4), the applicant is sponsored:

(a) by a person who:

(i) is a close relative or guardian of a settled dependent child of the applicant who has not turned 18; and

(ii) has turned 18; and

(iii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or

(b) by a community organisation.

(2) In this clause:

settled dependent child means a dependent child of the applicant who is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen.

118.213 (1) If the applicant meets the requirements of subclause 118.211 (5), the applicant is sponsored in accordance with subclause (2) or (3).

(2) If the relevant child has turned 18, the applicant is sponsored by:

(a) that child; or

(b) that child's cohabiting spouse or de facto partner, if that spouse or de facto partner:

(i) has turned 18; and

(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen.

(3) If the relevant child has not turned 18, the applicant is sponsored:

(a) by that child's cohabiting spouse, if that spouse:

(i) has turned 18; and

(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or

(b) by a person who:

(i) is a close relative or guardian of the relevant child; and

(ii) has turned 18; and

(iii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or

(i) is a close relative or guardian of the relevant child's spouse; and

(ii) has turned 18; and

(iii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or

(d) by a community organisation.

(4) In this clause:

relevant child means a settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen.

118.214 The applicant satisfies the balance of family test.

118.22 Criteria to be satisfied at time of decision

118.221 The applicant continues to satisfy the criteria specified in clause 118.211.

118.222 The sponsorship referred to in clause 118.212 or 118.213 has been approved by the Minister and is still in force.

118.223 The applicant continues to satisfy the balance of family test.

118.224 The applicant satisfies public interest criteria 4 001, 4002, 4003, 4004, 4005, 4009 and 4010.

118.225 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

118.226 The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.

118.227 (1) Each member of the family unit of the applicant who is an applicant is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(b) if the member has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.

(2) Each member of the family unit of the applicant who is not an applicant is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

118.228 If a person (in this clause called the additional applicant ):

(a) is a member of the family unit of the applicant; and

(b) has not turned 18; and

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

118.3 Secondary criteria

Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

118.31 Criteria to be satisfied at time of application

118.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 118.21.

118.312 The sponsorship referred to in clause 118.212 or 118.213 of the person who satisfies the primary criteria includes sponsorship of the applicant.

118.32 Criteria to be satisfied at time of decision

118.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 118 visa.

118.322 The sponsorship referred to in clause 118.312 has been approved by the Minister and is still in force.

118.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.

118.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

118.325 The Minister is satisfied that:

(b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.

118.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

118.4 Circumstances applicable to grant

118.411 The applicant must be outside Australia when the visa is granted.

Note The second instalment of the visa application charge must be paid before the visa can be granted.

118.5 When visa is in effect

118.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

118.6 Conditions

118.611 First entry must be made before a date specified by the Minister for the purpose.

118.612 Either or both of conditions 8502 and 8515 may be imposed.

118.7 Way of giving evidence

118.711 Visa label affixed to a valid passport.

Subclass 119 Regional Sponsored Migration Scheme

119.1 Interpretation

119.111 In this Part:

regional Australia has the same meaning as in regulation 5.19.

Note 1 For approved appointment , see regulation 5.19.

Note 2 For functional English , see regulation 5.17.

119.2 Primary criteria

119.21 Criteria to be satisfied at time of application

119.211 (1) The applicant has been nominated by an employer, in accordance with subregulation 5.19 (4), for an appointment in the business of that employer.

(2) For an applicant who is taken, under regulation 2.08C, to have applied for an Employer Nomination (Migrant) (Class AN) visa:

(a) if the applicant applied for an Independent (Migrant) (Class AT) visa, the applicant:

(i) had not turned 45 at the time of the application for an Independent (Migrant) (Class AT) visa; and

(ii) has functional English; and

(iii) has a diploma (within the meaning of subregulation 2.26 (5)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; or

(b) if the applicant applied for a Skilled -- Independent (Migrant) (Class BN) visa, the applicant:

(i) had not turned 45 at the time of the application for a Skilled -- Independent (Migrant) (Class BN) visa; and

(ii) has vocational English; and

(iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; or

(i) had not turned 45 at the time of the application for a Skilled -- Australian‑sponsored (Migrant) (Class BQ) visa; and

(ii) has vocational English; and

(iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; or

(d) if the applicant applied for a Skill Matching (Migrant) (Class BR) visa, the applicant:

(i) had not turned 45 at the time of the application for a Skill Matching (Migrant) (Class BR) visa; and

(ii) has functional English; and

(iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment.

(3) If subclause (2) does not apply, either:

(a) if the applicant is mentioned in subparagraph 1114 (2) (a) (ii) of Schedule 1 -- the applicant:

(i) is less than 45 at the time of the application for a Skilled (Migrant) (Class VE) visa; and

(ii) has competent English; and

(iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; or

(b) in any other case -- unless exceptional circumstances apply, the applicant:

(i) has not turned 45; and

(ii) has functional English; and

(iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification, that is relevant to the appointment.

(4) If it is mandatory in Australia that a person:

(a) hold a licence of a particular kind; or

(b) hold registration of a particular kind; or

to perform tasks of the kind to be performed under the appointment, the applicant is, or is eligible to become, the holder of the licence, the holder of the registration, or a member of the body.

119.212 If the appointment is an approved appointment, the period that has elapsed since it became an approved appointment does not exceed 6 months.

119.22 Criteria to be satisfied at time of decision

119.221 The appointment mentioned in subclause 119.211 (1):

(a) has been approved; and

(b) has not been withdrawn; and

(d) is still available to the applicant.

Note See regulation 5.19 for the criteria for approval of the appointment.

119.222 The Minister is satisfied that the approved appointment will provide the employment referred to in the relevant employer nomination.

119.223 The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(aa) if the applicant had turned 18 at the time of application, public interest criterion 4019; and

(b) if the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.

119.225 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 119 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and

(b) if the person has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 119 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

119.226 If a person (in this clause called the additional applicant ):

(a) is a member of the family unit of the applicant; and

(b) has not turned 18; and

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

119.227 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

119.3 Secondary criteria

Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

119.31 Criteria to be satisfied at time of application

119.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the primary criteria in Subdivision 119.21.

119.312 Any nomination given in respect of the other person mentioned in clause 119.311 includes the applicant.

119.32 Criteria to be satisfied at time of decision

119.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 119 visa.

119.322 The applicant satisfies:

(a) public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and

(b) public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the applicant to undergo assessment in relation to that criterion; and

119.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

119.325 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

119.326 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

119.4 Circumstances applicable to grant

119.411 The applicant must be outside Australia when the visa is granted.

Note The second instalment of the visa application charge must be paid before the visa can be granted.

119.5 When visa is in effect

119.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

119.6 Conditions

119.611 First entry must be made before a date specified by the Minister for the purpose.

119.612 Condition 8502 may be imposed.

119.7 Way of giving evidence

119.711 No evidence need be given.

119.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 120 Labour Agreement

120.1 Interpretation

Note 1 For IASS agreement , see regulation 1.16B.

Note 2 For labour agreement , see regulation 1.03.

Note 3 For RHQ agreement , see regulation 1.16A.

There are no interpretation provisions specific to this Part

120.2 Primary criteria

120.21 Criteria to be satisfied at time of application

120.211 (1) For an applicant, other than an applicant mentioned in subclause (5) or (6) , the applicant meets the requirements of subclause (2), (3) or (4).

(2) An applicant meets the requirements of this subclause if:

(a) the applicant has been nominated to work in Australia, in accordance with a labour agreement that is in effect, by an employer that is a party to that labour agreement; and

(b) the applicant has qualifications and experience that are suitable for the position to be taken by the applicant under the labour agreement; and

(d) the requirements of the labour agreement have been met in relation to the application.

(3) An applicant meets the requirements of this subclause if:

(a) the applicant has been nominated to work in Australia, in accordance with an RHQ agreement that is in effect, by an employer that is a party to that RHQ agreement; and

(b) the requirements of the RHQ agreement have been met in relation to the application.

(4) An applicant meets the requirements of this subclause if:

(a) the applicant has been nominated to work in Australia, in accordance with an IASS agreement that is in effect, by an employer that is a party to that IASS agreement; and

(b) the applicant has qualifications and experience that are suitable for the position to be taken by the applicant under the IASS agreement; and

(d) the requirements of the IASS agreement have been met in relation to the application.

(5) For an applicant who, under regulation 2.08C, is taken to have applied for a Labour Agreement (Migrant) (Class AU) visa, and who seeks to enter Australia to work in accordance with a labour agreement:

(a) the applicant has been nominated to work in Australia, in accordance with a labour agreement that is in effect, by an employer that is a party to that labour agreement; and

(b) the applicant has qualifications and experience that are suitable for the position to be taken by the applicant under the labour agreement; and

(c) the applicant had not turned 45 at the time of the application for an Independent (Migrant) (Class AT) visa, a Skilled -- Independent (Migrant) (Class BN) visa or a Skill Matching (Migrant) (Class BR) visa; and

(d) the requirements of the labour agreement have been met in relation to the application.

(6) For an applicant who seeks to enter Australia to work in accordance with a labour agreement, and who is mentioned in subparagraph 1121 (2) (a) (ii) of Schedule 1:

(a) the applicant has been nominated to work in Australia, in accordance with a labour agreement that is in effect, by an employer that is a party to that labour agreement; and

(b) the applicant has qualifications and experience that are suitable for the position to be taken by the applicant under the labour agreement; and

(d) the requirements of the labour agreement have been met in relation to the application; and

(e) the applicant has competent English; and

(f) the applicant has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is relevant to the appointment.

120.22 Criteria to be satisfied at time of decision

120.221 The Minister is satisfied that the applicant is to be employed or engaged in Australia in accordance with the standards for wages and working conditions under relevant Australian legislation and awards.

120.222 The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(aa) if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and

(b) if the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.

120.224 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 120 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and

(b) if the person has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 120 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

120.225 If a person (in this clause called the additional applicant ):

(a) is a member of the family unit of the applicant; and

(b) has not turned 18; and

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

120.226 (1) The applicant meets the requirements of subclause (2), (3) or (4).

(2) An applicant meets the requirements of this subclause if:

(a) the employer mentioned in subclause 120.211 (2) or (5) is a party to a labour agreement that is in effect; and

(b) the nomination mentioned in subclause 120.211 (2) or (5):

(i) has been approved; and

(ii) has not been withdrawn; and

(3) An applicant meets the requirements of this subclause if:

(a) the employer mentioned in subclause 120.211 (3) is a party to an RHQ agreement that is in effect; and

(b) the nomination mentioned in subclause 120.211 (3):

(i) has been approved; and

(ii) has not been withdrawn; and

(4) An applicant meets the requirements of this subclause if:

(a) the employer mentioned in subclause 120.211 (4) is a party to an IASS agreement that is in effect; and

(b) the nomination mentioned in subclause 120.211 (4):

(i) has been approved; and

(ii) has not been withdrawn; and

120.227 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

120.3 Secondary criteria

Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

120.31 Criteria to be satisfied at time of application

120.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in Subdivision 120.21.

120.312 Any nomination given in respect of the other person mentioned in clause 120.311 includes the applicant.

120.32 Criteria to be satisfied at time of decision

120.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 120 visa.

120.322 The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(b) if the applicant had turned 18 at the time of application -- satisfies public interest criterion 4019.

120.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

120.325 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

120.326 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

120.4 Circumstances applicable to grant

120.411 The applicant must be outside Australia when the visa is granted.

Note The second instalment of the visa application charge must be paid before the visa can be granted.

120.5 When visa is in effect

120.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from date of grant.

120.6 Conditions

120.611 First entry must be made before a date specified by the Minister for the purpose.

120.612 Condition 8502 may be imposed.

120.7 Way of giving evidence

120.711 No evidence need be given.

120.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 121 Employer Nomination

121.1 Interpretation

Note 1 approved appointment is defined in regulation 5.19.

Note 2 For vocational English , see regulation 1.15B.

Note 3 There are no interpretation provisions specific to this Part.

121.2 Primary criteria

121.21 Criteria to be satisfied at time of application

121.210 For an applicant who has been nominated by an employer for an appointment in the business of that employer, and who is mentioned in subparagraph 1114 (2) (a) (ii):

(a) the applicant was less than 45 at the time of the application for a Skilled (Migrant) (Class VE) visa; and

(b) the applicant has competent English; and

(c) the applicant has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment.

121.211A For an applicant who has been nominated by an employer for an appointment in the business of that employer and who is taken, under regulation 2.08C, to have applied for an Employer Nomination (Migrant) (Class AN) visa:

(a) if the applicant applied for an Independent (Migrant) (Class AT) visa, the applicant:

(i) had not turned 45 at the time of the application for an Independent (Migrant) (Class AT) visa; and

(ii) has functional English; and

(iii) has a diploma (within the meaning of subregulation 2.26 (5)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; and

(b) if the applicant applied for a Skilled -- Independent (Migrant) (Class BN) visa, the applicant:

(i) had not turned 45 at the time of the application for a Skilled -- Independent (Migrant) (Class BN) visa; and

(ii) has vocational English; and

(iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; and

(i) had not turned 45 at the time of the application for a Skilled -- Australian‑sponsored (Migrant) (Class BQ) visa; and

(ii) has vocational English; and

(iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; and

(d) &nbs