(a) is the spouse or de facto partner of, or a dependent relative of:
(i) an Asia‑Pacific forces member; or
(ii) a Commonwealth forces member; or
(iii) a SOFA forces member, other than one who is, for the purposes of a Status of Forces Agreement between Australia and Japan, a member of the armed forces of Japan; or
(iv) a SOFA forces civilian component member, other than one who is, for the purposes of a Status of Forces Agreement between Australia and Japan, a member of the civilian component of the armed forces of Japan; and
(b) holds a valid national passport and a certificate that he or she is the spouse or de facto partner, or a dependent relative, of a person referred to in subparagraph (a)(i), (ii), (iii) or (iv); and
(c) is accompanying or joining a person of that kind.
Foreign Minister means the Minister for Foreign Affairs.
foreign naval forces member means a person who forms part of the complement of a ship of the regular armed forces of a foreign government and is on board the ship.
funded aged care service has the same meaning as in the Aged Care Act 2024.
gateway airport has the meaning given by subregulation 5.41C(3).
General Skilled Migration visa means a Subclass 175, 176, 189, 190, 475, 476, 485, 487, 489, 491, 885, 886 or 887 visa, granted at any time.
government entity means:
(a) a Department, agency or authority of the Commonwealth, a State or a Territory; or
(b) a person who holds an office or appointment under a law of the Commonwealth, a State or a Territory.
guardian, in relation to a child, means a person who:
(a) has responsibility for the long‑term welfare of the child; and
(b) has, in relation to the child, all the powers, rights and duties that are vested by law or custom in the guardian of a child, other than:
(i) the right to have the daily care and control of the child; and
(ii) the right and responsibility to make decisions concerning the daily care and control of the child.
guest of Government means:
(a) an official guest of the Australian government; or
(b) a member of the immediate family of the official guest of the Australian Government, who is accompanying the official guest.
has an outstanding public health debt has the meaning given by regulation 1.15K.
home country, in relation to a person, means:
(a) the country of which the person is a citizen; or
(b) if the person is not usually resident in that country, the country of which the person is usually a resident.
Hong Kong means the Hong Kong Special Administrative Region of the People’s Republic of China.
Hong Kong passport means a Hong Kong Special Administrative Region of the People’s Republic of China passport.
human trafficking includes activities such as trafficking in persons, organ trafficking and debt bondage.
IELTS test means the International English Language Testing System test.
Immigration means the Department administered by the Minister administering the Migration Act 1958.
in Australia means in the migration zone.
international air carrier has the meaning given by subsection 504(6) of the Act.
international traveller has the meaning given by subregulation 5.41C(3).
Internet application means an application for a visa made using a form mentioned in paragraph 1.18(2)(b) that is sent to Immigration by electronic transmission using a facility made available at an Internet site mentioned in subparagraph 1.18(2)(b)(ii), in a way authorised by that facility.
labour agreement has the meaning given by subregulation 2.75C(1).
long stay activity sponsor means a person who:
(a) is an approved work sponsor; and
(b) is approved as a work sponsor in relation to the long stay activity sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.
long‑term partner relationship, in relation to an applicant for a visa, means a relationship between the applicant and another person, each as the spouse or de facto partner of the other, that has continued:
(a) if there is a dependent child (other than a step‑child) of both the applicant and the other person—for not less than 2 years; or
(b) in any other case—for not less than 3 years.
Macau means the Macau Special Administrative Region of the People’s Republic of China.
main business has the meaning set out in regulation 1.11.
managed fund means an investment to which all of the following apply:
(a) the investment is made by a member:
(i) acquiring interests in a managed investment scheme (within the meaning of the Corporations Act 2001); or
(ii) acquiring a financial product mentioned in paragraph 764A(1)(d), (e) or (f) of the Corporations Act 2001 that may result in a payment from an approved benefit fund (within the meaning of the Life Insurance Act 1995), or a statutory fund maintained under the Life Insurance Act 1995;
(b) the investment is not able to be traded on a financial market (within the meaning of section 767A of the Corporations Act 2001);
(c) if the investment is interests in a managed investment scheme—no representation has been made to any member of the scheme that the interests will be able to be traded on a financial market;
(d) the issue of the interest or the financial product is covered by an Australian financial services licence issued under section 913B of the Corporations Act 2001.
Medical Officer of the Commonwealth means a medical practitioner appointed by the Minister in writing under regulation 1.16AA to be a Medical Officer of the Commonwealth for the purposes of these Regulations.
member of the crew, in relation to a non‑military ship or superyacht:
(a) means any of the following persons:
(i) a person who is involved in the usual day to day routine maintenance or business of the ship or superyacht while it is at sea, including a supernumerary member of the crew;
(ii) for a ship described in subparagraph (a)(ii) of the definition of non‑military ship—a person who is engaged in scientific research conducted on or from the ship;
whether the person works as an employee, a contractor or in another capacity; but
(b) does not include a person who only works on a ship or superyacht while it is in port or dry dock unless that person:
(i) travelled with the ship or superyacht to reach the port or dry dock; or
(ii) travels with the ship or superyacht after completing the work in port or dry dock.
member of the family unit has the meaning set out in regulation 1.12.
Note: For member of the same family unit, see subsection 5(1) of the Act.
member of the immediate family has the meaning given by regulation 1.12AA.
member of the Royal Family means a member of the Sovereign’s immediate family.
member of the Royal party includes:
(a) a member of the personal staff of the Sovereign who is accompanying the Sovereign in Australia; and
(b) a member of the personal staff of a member of the Royal Family, being a staff member who is accompanying that member of the Royal Family in Australia; and
(c) a media representative accompanying the official party of the Sovereign or of a member of the Royal Family in Australia; and
(d) a person who is accompanying the Sovereign or a member of the Royal Family in Australia as a member of the official party of the Sovereign or the member of the Royal Family.
Migration (1959) Regulations means the Regulations comprising Statutory Rules 1959 No. 35 and those Regulations as amended from time to time.
Migration (1989) Regulations means the Regulations comprising Statutory Rules 1989 No. 365 and those Regulations as amended from time to time.
Migration (1993) Regulations means the Regulations comprising Statutory Rules 1992 No. 367 and those Regulations as amended from time to time.
Note: The Migration (1993) Regulations are listed in full in Part 1 of the Schedule to the Migration Reform (Transitional Provisions) Regulations. They are repealed by regulation 42 of those Regulations but continue to apply to certain matters.
nomination end day, in relation to a nomination under subsection 140GB(1) of the Act, means the day 3 months after the sponsorship end day in relation to the nomination.
nominator has the meaning given by regulation 1.13.
non‑award course means a course of education or training that is not an award course.
non‑Internet application charge means the charge explained in subregulations 2.12C(7) to (9).
non‑military ship:
(a) means a ship:
(i) that is engaged in:
(A) commercial trade; or
(B) the carriage of passengers for reward; or
(ii) that is owned and operated by a foreign government for the purposes of scientific research; or
(iii) that has been accorded public vessel status by Foreign Affairs; or
(iv) that:
(A) has been imported under section 49A of the Customs Act 1901; and
(B) is registered in the Australian International Shipping Register; or
(v) that:
(A) has been entered for home consumption under section 71A of that Act; and
(B) is registered in the Australian International Shipping Register; and
(b) does not include a ship:
(i) that:
(A) has been imported under section 49A of the Customs Act 1901; and
(B) is not registered in the Australian International Shipping Register; or
(ii) that:
(A) has been entered for home consumption under section 71A of that Act; and
(B) is not registered in the Australian International Shipping Register.
non‑monetary benefits has the meaning given by subregulation 2.57A(3).
office of Immigration includes an office occupied by an officer of Immigration at an airport or a detention centre.
offshore COVID‑19 affected visa means:
(a) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, covered by subregulation 1.15P(1); or
(b) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, of a kind specified for the purposes of this definition by the Minister under subregulation 1.15P(2).
onshore COVID‑19 affected visa means:
(a) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, covered by subregulation 1.15P(2A); or
(b) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, of a kind specified for the purposes of this definition by the Minister under subregulation 1.15P(2B).
oral application, in relation to a visa, means an application made in accordance with regulation 2.09.
orphan relative has the meaning set out in regulation 1.14.
outside Australia means outside the migration zone.
outstanding: a parent visa application is outstanding if none of the following has occurred:
(a) the application has been withdrawn;
(b) each decision that has been made in respect of the application is not, or is no longer, subject to any form of review by the ART or judicial review proceedings (including proceedings on appeal);
(c) a decision that has been made in respect of the application was subject to review by the ART or 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.
overseas business sponsor means a standard business sponsor who was lawfully operating a business outside Australia and was not lawfully operating a business in Australia at the time:
(a) the approval as a standard business sponsor was granted; or
(b) if a term of the approval as a standard business sponsor has been varied—of the most recent variation.
overseas flight has the meaning given by subregulation 5.41C(3).
overseas passenger means:
(a) in relation to a vessel arriving at a port in Australia in the course of, or at the conclusion of, an overseas voyage—a passenger:
(i) who:
(A) was on board the vessel when it left a place outside Australia at the commencement of, or during the course of, the voyage; and
(B) whose journey in the vessel ends in Australia; or
(ii) who:
(A) was on board the vessel when it left a place outside Australia at the commencement of, or during the course of, the voyage; and
(B) intends to journey in the vessel to a place outside Australia; and
(b) in relation to a vessel leaving a port in Australia and bound for or calling at a place outside Australia—a passenger on board the vessel who:
(i) joined the vessel at a port in Australia; and
(ii) intends to journey in the vessel to or beyond that place outside Australia.
Note: Under the Act, vessel includes an aircraft, and port includes an airport.
overseas voyage, in relation to a vessel, means a voyage that commenced at, or during which the vessel called at, a place outside Australia.
ownership interest has the meaning given to it in subsection 134(10) of the Act.
parenting order has the meaning given by subsection 64B(1) of the Family Law Act 1975.
parent sponsor means a person who has been approved as a family sponsor in relation to the parent sponsor class under subsection 140E(1A) of the Act.
parent visa means a visa of a class that is specified in Schedule 1 using the word ‘parent’ in the title of the visa.
parole means conditional release from prison before the completion of a sentence of imprisonment.
passenger card means a card of the kind referred to in section 506 of the Act.
periodic detention means a system of restriction of liberty by which periods at liberty alternate with periods in prison, and includes the systems of intermittent imprisonment known as day release and weekend release.
permanent humanitarian visa means:
(a) a Subclass 200, 201, 202, 203, 204, 209, 210, 211, 212, 213, 215, 216, 217 or 866 visa; or
(aa) a Resolution of Status (Class CD) visa; or
(b) a Group 1.3 or Group 1.5 (Permanent resident (refugee and humanitarian)) visa or entry permit within the meaning of the Migration (1993) Regulations; or
(c) a humanitarian visa, or equivalent entry permit, within the meaning of the Migration (1989) Regulations; or
(d) a transitional (permanent) visa, within the meaning of the Migration Reform (Transitional Provisions) Regulations, being:
(i) such a visa granted on the basis of an application for a visa, or entry permit, of a kind specified in paragraph (b) or (c); or
(ii) a visa or entry permit of a kind specified in paragraph (b) or (c) having effect under those Regulations as a transitional (permanent) visa.
personal identifier has the meaning given by section 5A of the Act.
petroleum has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
petroleum export tanker crew member: a person is a petroleum export tanker crew member if:
(a) the person is a member of the crew of a non‑military ship; and
(b) the person enters one or more areas while on board the ship to participate in, or support, an offshore resources activity in relation to that area or those areas involving the recovery of petroleum; and
(c) under subsection 9A(1) of the Act, the person is taken, for the purposes of the Act, to be in the migration zone while the person is in the area or those areas to participate in, or support, such an activity; and
(d) before the person so enters the area, or the first of the areas, the ship’s last port of departure was a port outside Australia; and
(e) the recovered petroleum will be received by the ship for export; and
(f) the person will depart from the area, or the last of the areas, on board the ship for a port outside Australia.
points system means the system of assessment under Subdivision B of Division 3 of Part 2 of the Act.
PRC means the People’s Republic of China.
prescribed form means a form set out in Schedule 10, and a reference to a prescribed form by number is a reference to the form so numbered in that Schedule.
primary sponsored person has the meaning given by subregulation 2.57(1).
professional development sponsor means a person who:
(a) is an approved work sponsor; and
(b) is approved as a work sponsor in relation to the professional development sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.
proficient English has the meaning given by regulation 1.15D.
program of seasonal work means arrangements for the performance of seasonal work in Australia that have been approved, in writing, by the Secretary of a Commonwealth Department as a program of seasonal work for the purposes of this definition.
prohibited non‑citizen means a person who, on or before 18 December 1989, was a prohibited non‑citizen within the meaning of the Act as in force at that time.
proliferation of weapons of mass destruction includes directly or indirectly assisting in the development, production, trafficking, acquisition or stockpiling of:
(a) weapons that may be capable of causing mass destruction; or
(b) missiles or other devices that may be capable of delivering such weapons.
protection visa has the meaning given by section 35A of the Act.
Note: Section 35A of the Act covers the following:
(a) permanent protection visas (classified by these Regulations as Protection (Class XA) visas when this definition commenced);
(b) other protection visas formerly provided for by subsection 36(1) of the Act;
(c) temporary protection visas (classified by these Regulations as Temporary Protection (Class XD) visas when this definition commenced);
(d) any additional classes of permanent or temporary visas that are prescribed as protection visas by the regulations.
See also section 36 and Subdivision AL of Division 3 of Part 2 of the Act.
public interest criterion means a criterion set out in a clause of Part 1 of Schedule 4, and a reference to a public interest criterion by number is a reference to the criterion set out in the clause so numbered in that Part.